'Online Opticians UK' is the trading name for:
Digital Optics Limited, Business First, Davyfield Road, Blackburn, Lancashire, BB1 2QY.
Online Opticians UK is the trading name for: Digital Optics Ltd, a limited company registered in England and Wales under company number 09328866.
Registered address as above.
“Products” Products made available by Online Opticians UK.com that you wish to purchase. Those products are tailor-made spectacles as well as accessories.
“Site” Website owned and operated by Online Opticians UK.com
“Order” An order is placed through our site, by phone, or in writing, in order to purchase some products from Online Opticians UK.com
“Glasses” Also defined as spectacles or eyewear.
2. Customer Obligations
By submitting you order you certify and undertake:
2.1 that you are aged 16 or over and are not registered blind or registered partially sighted;
2.4 that you are not aware of any reason why the products could be unsuitable to you;
2.5 if you have had glasses before and have experienced any problems with the spectacles, to provide us with accurate and complete details of such problems;
2.6 to provide any further details reasonably requested by Online Opticians UK.com to confirm that you are eligible to purchase the products;
2.7 that you are the authorised holder of any credit/debit card that you may use on the site.
3. Orders For Products
3.1 your submission of the order, whether submitted via the site, by phone, or in writing, represents an offer to purchase the products from Online Opticians UK.com. Online Opticians UK.com will confirm receipt of this offer via email (if the order is placed via the site) or verbally (if the order is placed via telephone or in writing). Any confirmation of receipt of the order will not constitute an acceptance by Online Opticians UK.com of your order;
3.2 there will be no binding contract between you and Online Opticians UK.com for the supply of products until the products have been shipped to you by Online Opticians UK.com;
3.3 once the order is submitted to us and payment has been issued you may not change the order.
3.4 we accept no responsibility for customers frames sent to us for reglazing and cannot accept responsibility for damage caused or loss incurred and the reglazing service is entirely at the owners risk
4. Limitations Of Supply
4.1 Online Opticians UK.com will make every effort to ensure that all orders are fulfilled; however, we cannot guarantee the availability of products. If the products you have ordered are unavailable, Online Opticians UK.com will contact you in order to replace it with a similar product or offer a refund. If Online Opticians UK.com receives no answer from you in a timely manner, Online Opticians UK.com may, at its absolute discretion, provide replacement products of an equivalent quality and/or specification, or cancel the order and provide a refund;
4.3 Online Opticians UK.com shall have absolute discretion as to whether or not to accept an order;
4.4 if considered necessary or appropriate before an order is accepted Online Opticians UK.com shall have absolute discretion:
4.4.1 to contact you to discuss your order;
4.5 if considered necessary or appropriate by one of Online Opticians UK.com’s supervising staff, may as a condition of acceptance of your order:
4.5.3 request that you obtain your pupillary distance measurement from your optician;
4.7 Online Opticians UK.com has absolute right to refuse acceptance of any order. Without limitation, an order will be refused if:
4.7.1 the order is for single vision spectacle lenses where such lenses have a spherical value of more that +/- 6 diopters, a cylindrical value of more than +/- 2 diopters;
4.7.2 the order is for bifocals or varifocals where such lenses have a distance spherical value of more than +/- 6 diopters, a cylindrical value of more than +/- 2 diopters, and/or where the power addition between the distance and near elements is less than +0.75 or more than +350 diopters.
4.8 Online Opticians UK.com will use an appropriate, average pupillary distance set by its opticians, unless you send you pupillary distance to us, or Online Opticians UK.com considers it necessary to obtain one.
5 Prices And Payment
5.1 subject to clause 5.3, the price payable by you for the products shall be the price stated on the site at the time your order is placed in accordance with these terms and conditions;
5.3 Online Opticians UK.com cannot guarantee that you will not encounter a mispriced item on the site. If an item is mispriced Online Opticians UK.com will contact you and give you the chance to accept the correct price or to cancel the order;
5.4 the postage, packaging and delivery charges for all purchases are to be given on our site.
6.1 delivery of the products shall take place at the time the products first arrive at the delivery address stated on your order;
6.2 if your order is accepted by Online Opticians UK.com then we aim to dispatch your products within 3-5 days although delivery will take place no later than 28 days following receipt of your order.
6.3 orders to be delivered outside of the United Kingdom will take place no later than 56 days following receipt of your order. (This is due to postal services in other countries and delayed delivery).
6.4 Whilst unusual for any damage or loss to occur during the reglazing service, Online Opticians UK take no responsibility or liability should damage or loss occur, either during glazing or in transit and the reglazing service is entirely at the customers own risk
7.3 you must notify Online Opticians UK.com immediately if there are any defects in the products which are apparent through inspection or use of the products, or if you experience any difficulty in using the products;
7.4 if the products are defective on delivery Online Opticians UK.com shall, at its absolute discretion, repair or place such products or give a refund;
7.5 if the products are defective in accordance with any of clauses 7.1 – 7.3 you agree to return the defective products to Online Opticians UK.com in substantially the same condition as when received by you, including all items and packaging accompanying the products;
7.6 you will be liable for the cost of replacement products (including posting, packing, and delivery) until the returned products are received by Online Opticians UK.com.
8 Money Back Guarantee
8.1 if for any reason you wish to return the product(s),you must contact us via email within 48 hrs of receiving the product and we will issue you with a returns form.
8.2 in the event of cancellation you shall return the products and any items and packaging accompanying the products to us within 30 days of receiving the product(s) and Online Opticians UK.com shall, subject to such products and items being returned in substantially the same condition as when received by you, reimburse you within 30 days of the day on which the returned products and items are received by Online Opticians UK.com. Such a refund will include the total price paid for the products such as glasses, postage and packaging. Monies will be refunded by the same method of payment as originally paid to Online Opticians UK.com;
8.2 refunds will take place within and no later than 30 days from the date we receive the returned goods
8.3 no amount will be refunded if:
8.3.1 the products are not received by Online Opticians UK.com in “as new” condition;
8.3.2 Online Opticians UK.com has not received payment in full for the products;
8.3.3 you are in breach of your obligations under these terms and conditions of supply.
9 Transfer of Risk and Title in Products
9.1 subject to clause 8, title in the products shall pass to you when the products are delivered to the delivery address set out in your order, provided that Online Opticians UK.com has received payment in full for the products;
9.2 subject to clause 8, risk in the products shall pass to you when the products are delivered to the delivery address set out in your order;
9.3 in the event of cancellation, risk in the products remains with you until the products are received by Online Opticians UK.
10.1 nothing in this agreement shall exclude or limit either party’s liability for death or personal injury resulting from that party’s negligence or for fraud or for any other liability that cannot by law be excluded or limited;
10.2 subject to clause 10.1, the total liability of Online Opticians UK.com to you in respect of all claims arising out of or in connection with an order, whether in contract, tort (including negligence of breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Online Opticians UK.com for the products to which the order relates;
10.3 subject to clause 10.1, Online Opticians UK.com shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover;
10.4 subject to clause 10.1, Online Opticians UK.com shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with its agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Online Opticians UK.com has been advised of the possibility of such loss or damage;
10.5 subject to clause 10.1, Online Opticians UK.com shall not be liable to you whether loss or damage results from information provided by you that is inaccurate, false or misleading or that otherwise results from a breach by you of these terms and conditions;
10.6 subject to clause 10.1, Online Opticians UK.com accepts no liability in respect of any non-standard use of the products, such as in extreme sports.
11 Force Majeure
Online Opticians UK.com shall not be liable for failure to comply with these terms and conditions owing to any act or event beyond its control including but not limited to natural disasters, acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
Any notice or other communication to be given under these terms and conditions must be in writing; in the case of notices to Online Opticians UK.com by whatever means as listed in the “contact us” page offered on our website. Any notice or document shall be deemed received, if posted, 2 working days after posting and, if sent by fax/email/telephone, at the time of transmission, provided no transmission failure notice is received.
13 General Provisions
13.1 in the interpretation of these conditions:
13.1.1 the headings are for convenience only and shall not affect the interpretation of this agreement;
13.1.2 “including” means including without limitation and includes shall be construed accordingly.
13.2 you may not assign, sub-contract, sub-licence or otherwise transfer in whole or in part any of its rights or obligations under this agreement;
13.3 these terms and conditions and any relevant order accepted by Online Opticians UK.com constitute the entire agreement between the parties and supersede any prior written or oral agreement, statements, promises or representations made in relation to the subject matter of such order (including all other information on the site and/or contained in Online Opticians UK.com catalogue and sales literature) and, subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these terms and conditions or any relevant order accepted by Online Opticians UK.com. none of our representatives, no variation, amendment or waiver of the terms and conditions by such persons shall have effect unless expressly agreed to by Online Opticians UK.com with you in writing; agents or sales persons have authority to vary, amend, or waive any of these terms and conditions on behalf of Online Opticians UK.com and
13.4 failure by wither party to assert its rights in relation to any breach of these terms and conditions or any relevant order on any occasion shall not be deemed a waiver of such rights;
13.5 if any provisions of these terms and conditions and any relevant order is found to be unenforceable, the remaining provisions shall continue on force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these terms and conditions;
13.6 these terms and conditions and any relevant order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.