Terms & Conditions of Business
Contract: The contract between the Supplier and the Customer for the sale and purchase of the Goods.
Customer: The person who purchases the Goods from the Supplier.
Goods: the goods (or any art of them) set out in the Order, including frames, lenses, contact lenses, sunglasses, accessories and associated items.
Order: The Customer’s order for the Goods.
Services: The services supplied by the Supplier including but not limited to vision tests.
Supplier: Eyesey Eyecare, 50 Bridge Street, Pinner, Middlesex, HA5 3JF.
These conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, and unless otherwise specifically agreed before the placement of an Order and/or payment.
The Supplier endeavours to treat all Customers with politeness, fairness and equality. In doing so, the same treatment is expected in return.
In the event of inappropriate behaviour by a Customer, the Supplier reserves the right to ask the Customer to leave.
Basis of Contract
The Order constitutes an offer by the Customer to purchase the Goods and/or Services in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
The Order shall only be accepted when the Supplier takes payment, at which point the Contract shall come into existence.
The Contract constitutes the entire agreement between the parties.
Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier leaflets or website, are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
A quotation given by the Supplier does not constitute a Contract.
Any dates quoted for delivery of Goods are approximate only.
The Supplier shall not be liable for any delay or failure to deliver the Goods that is caused by a Force Majeure or the Customer’s failure to provide the supplier with adequate delivery instructions.
Delivery of the Goods shall be completed on the Customer’s collection of the Goods.
Collection of Goods must be made within 60 days of order completion notification.
If Goods remain uncollected past this date, the Supplier will notify the Customer one final time, after which the Supplier reserves the right to re-sell or otherwise dispose of part or all of the Goods, with no return of deposit or other amount paid.
Quality of Goods and Services
Clinical Services provided are done so in accordance with the standards set by the General Optical Council.
For a period from the date of Goods delivery in practice, the Goods shall have a manufacturer warranty, the length determined by the manufacturer.
During the warranty period, Goods are warranted to:
- Conform with the specification/prescription
- Be free from material defects in design, material and workmanship
If the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out above:
- The Supplier is given reasonable opportunity to examine the Goods
- The Customer returns the Goods to the Supplier at the Customer’s cost, the Supplier shall repair or replace the defective Goods, or refund the price of the defective Goods within the terms of the manufacturer’s warranty
The Supplier is not liable for Goods failure to comply with the warranty described above in the following events:
- A period of 12 months has passed since the Goods were delivered
- The Customer makes any further use of the Goods after giving notice of non-compliance
- The defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, use and maintenance of the Goods
- The Customer alters, or repairs the Goods without written consent of the Supplier
- The defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage
Any repair or adjustment made to the Customer’s own frame, is done so at the Customer’s own risk.
Price and Payment
The price of the Goods shall be the price displayed and discussed at the premises.
The price of the Goods shall include VAT at the prevailing rates.
Professional Services are exempt from VAT.
A minimum of 50% deposit is required before Goods can be ordered.
Final balance of payment must be made before Goods can be collected.
Cancellation and refunds
Cancellation and full refund is not possible on made-to measure Goods once the order has been processed. Made to measure includes personalised frames and spectacle lenses and contact lenses.
The Supplier may be able to offer an exchange of frames if notified within 24 hours of the order being processed.
The Supplier may cancel an order before Goods are delivered or before the start date for the Services due to Force Majeure event of unavailability of stock, key personnel or materials.
Once collected, return of Goods is not possible unless it can be shown there is a defect resulting in the Goods not being fit for purpose.
Any appointment for Services may be cancelled at any time prior to 24 hours before the appointment at no cost. Failure to cancel an appointment or to attend an appointment may result in an administrative charge being applied.
Re-Glazing and Cut-and-Fit
The Supplier can re-glaze a pre-owned frame as far as is practically possible given the condition of the frames.
The Supplier is not liable for any faults including breakages in relation to pre-owned frames given that all frames deteriorate with age and will have been subject to the Customer’s own usage for an unknown period of time.
The warranty set out above is limited to the lenses supplied in re-glazed frames.
The Supplier can cut and fit the Customer’s own lenses into a different frame as far as is practically possible given the condition of the frames and lenses.
The Supplier is not liable for any faults including breakages in relation to pre-owned frames and lenses given that all frames and lenses deteriorate with age and will have been subject to the Customer’s own usage for an unknown period of time.
Limitation of Liability
The Supplier shall not be liable in any circumstances for provision of Goods supplied by a third party if the Customer has taken any part of the specification for completion by such a third party.
The Supplier shall under no circumstances be liable to the Customer for any loss of profit, any indirect or consequential loss arising under or in connection with the Contract.
The Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, shall in no circumstance exceed the price of the Goods.
The Supplier shall not be liable where the Customer has failed to notify the Supplier of a medical condition that is later found to affect the Goods to the extent that the specification requires alteration or replacement.
The Supplier aims to respond to and resolve complaints as quickly as is reasonably possible.
The Supplier will supply the Customer with the complaints procedure within 5 working days of the complaint, which sets out the process in full.
From time to time, the Supplier may have special offers in practice. Unless specifically stated, no two offers can be used in conjunction.
Discounts will be given against the cost of Goods, notProfessional Services.
On accessing the website, the Customer will be deemed to have accepted all the terms and conditions that apply to its use and to the facilities, services and information provided by it. The Supplier reserves the right to alter these terms and conditions at any time and it is the Customer’s obligation to check if alterations have been made. Use of the website after the changes have been made constitutes acceptance of the new terms and conditions.
Any content on the website is for information purposes only. The Supplier does not warrant that any information contained in the website is up to date, accurate or complete.
The Customer acknowledges and agrees to the terms in the privacy statement.
All branding names and logos are copyright to the Supplier. Any marks identifying third parties are owned or licenced by those third parties.
The website may contain links to other websites which are outside of the control of the Supplier. The Supplier is not responsible for these third-party websites or for their content.