Quick Search
Facebook Google Plus Twitter

Terms & Conditions

Terms and Conditions of Sale to a Consumer
 

SUMMARY

 
Please read the following Terms and Conditions before placing your Order. They are important. When you place an order you will be asked to confirm that you have read and agreed to these Terms and Conditions. You will not be able to proceed with the Order if you do not agree to these Terms and Conditions. If your Order is accepted, they will be part of a legally binding Contract between Online Optics trading as “OnlineOptics” (“the Seller”) and you (“the Buyer”). A Contract will be made when the Seller accepts an order.

 
Persons under the age of 18 should use this web site only with the supervision of an adult.  Payment information must be provided by or with the permission of an adult to whom the payment information belongs.

 
The services of this website are only available to consumers (ie. an individual person who is not entering into the Contract for a commercial purpose in the course of carrying on a business). The Seller does not Contract with resellers. If you are seeking to place an Order for Goods for a commercial purpose in the course of carrying on a business then the services of this website are not available to you.  

 
These Terms and Conditions include information which the Seller is required to provide to the Buyer under consumer protection law before entering into a Contract with the Buyer. Where an order is placed through the Seller’s website, the Buyer should print out a copy of the order and these Terms and Conditions so as to keep a permanent paper copy of the applicable Terms and Conditions at the point of contract. These Terms and Conditions are applicable to Contracts entered into from January 2010 subject to subsequent amendment or variation from time to time. 

 
The Contract will consist of the Buyer’s Order, the Seller’s Confirmation of the Order and these Terms and Conditions. The Buyer should therefore print out the Confirmation of the Order when the Buyer receives it. The Buyer must also print out these Terms and Conditions at that stage if that was not done when placing the Order.


The main characteristics of the Goods, the price of the Goods and the delivery charge for postage, packing and insurance, if any, are those stated on the Seller’s website from time to time applicable at the time of Confirmation of the Order. The Contract Price will be the price of the Goods and delivery charge as stated on the website at the time of Confirmation of the Order, plus VAT if applicable, subject to correction or cancellation of the Order at the option of the Buyer in the event of any mistake in the price stated on the website according to the Terms and Conditions set out below. The description of the Goods and the Contract Price will be stated in the Order and confirmed in the Confirmation of the Order. 

 
The Buyer is required to pay the Contract Price in full upon Confirmation of the Order or, if using a NHS Voucher, the balance of the Contract Price in full, if any.

 

The Buyer has a right to cancel the Contract, without giving any reason, at any time before the end of 7 working days after delivery, under Paragraph 18 of these Terms and Conditions and in accordance with the Consumer Protection (Distance Selling) Regulations 2000. However, it is very important to note that this right does not apply in the case of any Goods which are specially made to the individual requirements of the Buyer (ie. bespoke items). The vast majority, if not all, of the Goods supplied by the Seller are bespoke items by reason of their method of manufacture and composite and individually unique nature. In the event the Seller advertises from time to time that it will accept Orders for the supply of any of the following Goods then the right to cancel the Contract will not apply: where the Order is for new frames fitted with new prescription lenses and/or existing prescription lenses; or for new prescription lenses made specifically to the Buyer’s individual requirements which are not carried as stock by our manufacturers and suppliers and sold uncut or cut to the Buyer. 

 
In the case of a defect in any Goods for which the Seller is liable, or if any Goods do not reasonably match the description or other requirements of the Contract, the Buyer will have the right to obtain a refund, or, at the option of the Buyer, the repair or replacement of the Goods in accordance with Paragraphs 24 to 28 of these Terms and Conditions.

 
The Seller can be contacted by writing to its business address at Online Optics, PO Box 10, Newtonmore, PH20 1WX;  or by e-mail via our Contact Us page.


FULL TERMS AND CONDITIONS


1.  CONTRACT: These Terms and Conditions apply to any Contract for a sale of goods advertised through the website with the address www.onlineoptics.co.uk from time to time (“the Goods”) by Online Optics of registered office address Online Optics, PO Box 10, Newtonmore, PH20 1WX incorporated in Scotland under company number sc337140 trading as “OnlineOptics” (“the Seller”) to any consumer (ie. an individual person who is not entering into the Contract for a commercial purpose in the course of carrying on a business and is not a reseller) (“the Buyer”). By entering into the Contract the Buyer represents and warrants to the Seller that the Buyer is an individual person who is not entering into the Contract for a commercial purpose in the course of carrying on a business and is not a reseller. The Seller and the Buyer are referred to together as “the Parties”. All references to “Paragraphs” relate to Paragraphs in these Terms and Conditions.



2.  ACCEPTANCE OF AN ORDER: For the purposes of contract law, the advertising or display of information relating to any Goods on the Seller’s website is not an offer for sale but an invitation to a prospective Buyer to offer to buy those Goods. The placing of an Order and the tendering of payment for an Order is treated as an offer to buy the Goods described in the Order. The Parties do not enter into a Contract until the Seller accepts the Order. Acceptance will occur when the Seller sends an automated Confirmation of the Order to the Buyer through the Seller’s website and/or by e-mail, at the moment when that Confirmation of the Order is sent to the Buyer. 



3.  CONTRACT DOCUMENTS: The Contract consists of the Order, the Seller’s Confirmation of the Order and these Terms and Conditions. If the Buyer wishes to amend any matter or information that was stated in the Order or which is set out in the Seller’s Confirmation of the Order, the Buyer must contact the Seller in writing by e-mail as soon as possible after receiving the Confirmation of the Order, time being of the essence since any change will be a variation of the Contract which will require the agreement of the Seller in writing and the Seller might already have begun to process the Order. The Buyer must notify the Seller of any change of address by e-mail as soon as possible if he wishes to change the address for delivery, time being of the essence since the Seller might already begun to process and dispatch the Goods the subject of the Order.



4.  STATUS OF BUYER: The Buyer must be at least 18 years of age in order to enter into a Contract with the Seller and the parent or guardian when ordering on behalf of a young person aged 16 - 17. For the purchase of prescription spectacles or lenses, the Buyer must not be registered blind or partially sighted, and must not order on behalf of any person who is under 16 years of age, or registered blind or partially sighted irrespective of their age.



5.  DESCRIPTION OF GOODS: The main characteristics of the Goods are as stated on the Seller’s website as at the time Confirmation of the Order is sent by the Seller to the Buyer. For the purposes of the Contract, the Goods will be identified in the Order and the description will be taken to include the main characteristics stated on the Seller’s website. 



6.  PRESCRIPTIONS FOR SPECTACLE LENSES: In cases where the Buyer is ordering prescription glasses, the Buyer must provide the Seller with accurate, correct and complete details of the prescription for each lens and any other details or notes that have been included in a prescription given to the Buyer by a registered medical practitioner, registered ophthalmic optician or registered optometrist. The prescription must have been given to the Buyer following a sight test within the last 2 years. If the Buyer is unsure of the appropriate prescription for each lens, the Buyer must consult a registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order. Similarly, the Buyer must provide the Seller with accurate, correct and complete measurements of the Buyer’s applicable pupillary distances for the types of frames and lenses ordered. Similarly, the Buyer must supply the Seller in the additional information section of the Order with accurate, correct, clear and complete details of any re-occurring problems previously had with glasses that the Seller needs to be aware of when manufacturing the Buyer’s glasses.

 

The Seller may require the Buyer to provide the Seller with a copy of the Buyer’s prescription at any stage during the performance of the Contract, including the time when the Seller processes the Order or when considering any claim by the Buyer that the Goods have been damaged in transit or delivered in a defective condition or that for any other reason they do not comply with the requirements of the Contract. The Buyer hereby authorises the Seller to contact the Buyer’s prescription provider in order to verify the accuracy, correctness, completeness and/or authenticity of any and all prescription details provided by the Buyer to the Seller. In all cases the prescription details stated by the Buyer in the Order will be the only binding specifications agreed between the Parties to be used in making the glasses unless the Parties agree to an amendment of the Contract in writing. 



7.  CHANGES IN ADVERTISED PRICES: Prices stated on the Seller’s website or in any advertising material published by the Seller may be altered by the Seller from time to time, in particular to take account of any increase in the Seller’s costs in obtaining the Goods from the manufacturer or supplier, any increase in the Seller’s production and delivery costs or the availability of the Goods advertised. 



8.  CONTRACT PRICE: The “Contract Price” will be the price of the Goods as stated on the Seller’s website at the time as recorded in the Order when the Buyer places the Order, plus the Seller’s shipping charges for postage, packing, insurance and/or delivery by means of the appropriate mail service depending on the location of the place where the Goods are to be dispatched and the address for delivery, and Value Added Tax if any at the prevailing rate applicable at the date and time the Contract is entered into, if confirmed in the Confirmation of the Order. If the price of the Goods or shipping charges as stated in the Order or in the Confirmation of the Order is not as currently stated on the website at the time of Order or Confirmation of the Order, the Contract will not be binding on the Parties and the Buyer shall have the choice of either affirming or repudiating the Contract.


The Buyer must check that the details of the Order and the Confirmation of the Order are accurate and correct upon completion of the Order and upon receipt of the Confirmation of the Order and should immediately draw any discrepancy to the Seller’s attention in writing if they are not accurate and correct, time being of the essence since the Seller might already begun to process and dispatch the Goods the subject of the Order. Should the Buyer fail to draw any discrepancy to the Seller’s attention in writing immediately and in any event prior to the Seller beginning to process the Goods then it is hereby agreed that the Buyer has affirmed the Contract as recorded in the Confirmation of the Order. Having regard to the large volume of items listed on the website, it is not possible for the Seller to avoid a mistake occurring in the statement of the price from time to time.


The Seller takes all reasonable action to ensure that prices stated on the website are accurate. In the event of any accidental error in stating the price coming to the Seller’s attention, the Seller will be under no obligation to fulfil the Order at that price. The Seller will inform the Buyer of the mistake as soon as possible and the Buyer will have the option of confirming the Order at the correct price or cancelling the Order. In the event of any cancellation or repudiation under this Paragraph, the Seller will refund any payment made by the Buyer promptly and in full.



9.  PAYMENT: The Buyer must pay the Contract Price in full in cleared funds upon Confirmation of the Order and in any event before the Goods are dispatched to the Buyer. Where the Buyer is making payment with an NHS Voucher either in whole or part the Seller will not process or dispatch the Goods the subject of the Order until the Seller has received the NHS Voucher from the Buyer and verified its authenticity. The Seller will be entitled to full payment even though the ownership of the Goods has not yet passed to the Buyer.



10.  METHOD OF PAYMENT: Payment may be made by any means of payment which is stated on the Seller’s website as being acceptable including NHS Vouchers. Where the Buyer provides information for payment by debit card or credit card or other electronic means of payment, the Seller may take payment of the Contract Price upon Confirmation of the Order or at any stage prior to when the Goods are ready to be dispatched and will send written confirmation to the Buyer when the payment has been taken. The Buyer warrants that the Buyer is the authorised user of any method of payment used to make payment to the Seller.



11.  AVAILABILITY: All products advertised on the Seller website are subject to availability. If, for any reason beyond the Seller’s reasonable control, the Seller is not able to supply the Goods specified in the order for example because the Goods are no longer available to the Seller from the manufacturer or supplier or demand has exceeded supplies of the Goods, the Buyer will not be charged for the Goods and the Seller will refund any payment of the Contract Price already made by the Buyer. In those circumstances the Seller will not be liable to make any other payment to the Buyer and in particular will not be liable for any loss or damage suffered by the Buyer as a result of the failure to supply the Goods.

 

Alternatively, the Seller may offer and the Buyer may agree to accept other Goods by way of a variation of the Contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price and supplies of such a product are no longer available to the Seller from the manufacturer or supplier at a reduced price. In such a case, the Buyer may have the option of purchasing similar or other Goods at the normal price or receiving a refund.



12.  CHANGES MADE BY MANUFACTURER: The Seller will take all reasonable steps to ensure that the Goods supplied to the Buyer match the description referred to in Paragraph 5. However, the Seller might be unable to supply Goods of that description because of changes made by the manufacturer which are beyond the control of the Seller. The following provisions will then apply:-



(a)  If the manufacturer makes any minor change in the design or technical specification of the Goods, which might be done, for example, to improve the appearance, construction or performance of the Goods, the Seller may supply the Goods as changed even though they do not correspond exactly with the description specified in the Order, provided that there is no significant difference in the appearance, performance or quality of the Goods supplied, that they are equivalent for all purposes in using the Goods, that they are of equivalent or superior value and that there is no increase in the Contract Price. In these circumstances, the Seller will inform the Buyer of the minor change made by the manufacturer and the Buyer will be bound to accept the Goods as changed, subject to the Buyer’s right to cancel the Contract where that right is available to the Buyer under Paragraph 18.



(b)  If the manufacturer makes any significant change in the design or technical specification of the Goods which prevents the Seller from supplying Goods which correspond exactly with the description specified in the order, the Seller may offer the Buyer similar Goods as an alternative, provided that the alternative Goods are of equivalent standard of performance and quality and that they are equivalent for all purposes in using the Goods. In these circumstances, the Seller will inform the Buyer as soon as reasonably practicable once the Seller is aware of the change. If the Buyer is not willing to accept alternative Goods, the Buyer will not be charged for the Goods and the Seller will refund any payment of the Contract Price already made by the Buyer. If the Buyer chooses to receive alternative Goods of a higher or lower price than the Goods originally ordered, the Buyer will pay an appropriate further sum to the Seller or the Seller will refund an appropriate sum to the Buyer. The Buyer will still have the right to cancel the Contract where that right is available to the Buyer under Paragraph 18.



13.  DELIVERY DATE: The Seller will take all reasonable steps to ensure that the Goods are delivered to the Buyer as soon as they are available and in any event within 21 days after acceptance of the Order and generally much sooner or receipt and verification of the authenticity of any NHS Voucher used to make payment. However, delays may occur in the Seller obtaining the Goods from the manufacturer or supplier, or in producing prescription glasses or lenses, for reasons which are outside the Seller’s control. If the Seller becomes aware of any matter which indicates that delivery may be delayed beyond the period of 21 days after acceptance of the order, the Seller will immediately inform the Buyer within that period. In any case where the Seller expects that delivery can be achieved within 45 days after acceptance of the Order, the Seller may extend the latest date for delivery to 45 days on notifying the Buyer, without requiring the Buyer’s agreement at that stage.

 

In any other case, the Seller may invite the Buyer to agree to a period for delivery longer than 45 days. If a longer period is agreed, the Seller will send notice of confirmation of the agreement to the Buyer. If the Buyer is not willing to accept a longer period, the Buyer may cancel the Contract and in those circumstances the Buyer will not be charged for the Goods and the Seller will refund any payment of the Contract Price already made by the Buyer.



14.  DELIVERY: The Seller will notify the Buyer when the Goods are ready to be dispatched. The Seller will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Goods will normally be sent by the appropriate mail service depending on the location of the place where they are dispatched and the place where they are to be delivered. Delivery will be taken to have occurred when the Goods are delivered to the address stated by the Buyer in the Order.



15.  OWNERSHIP AND RISK: All risk as to loss of or damage to the Goods will pass to the Buyer on delivery to the address stated in the Order. Legal ownership of the Goods will pass to the Buyer on delivery provided that the Seller has received payment of the Contract Price in full in cleared funds and no other payments are outstanding from the Buyer in respect of any other Goods supplied by the Seller.



16.  EXAMINATION ON DELIVERY: The Buyer must examine the Goods as soon as reasonably practicable after delivery and in any event within 3 working days of delivery to check that they are the correct Goods to be supplied under the Contract and are not damaged. If the Goods appear to be incorrect or are damaged, the Buyer must not use them. The Buyer must inform the Seller as soon as reasonably practicable and in any event within 3 working days of delivery that the Goods are incorrect or are damaged and must return them to the Seller in accordance with Paragraphs 24 to 29.



17.  DAMAGE OR LOSS IN TRANSIT: The Buyer must inform the Seller as soon as reasonably practicable if the Goods are not delivered by the expected date or if they appear to have been damaged in the course of delivery to the Buyer. In the case of Goods which appear to be damaged, the Buyer must return the Goods to the Seller together with all the original packaging. The Seller will examine the Goods and if the Seller accepts that they were damaged in transit, the Seller will repair or replace the Goods (at the option of the Seller) without charge and will refund the reasonable postage costs paid by the Buyer in returning them to the Seller. In the case of Goods which appear to have been lost in transit, the Buyer will be required to complete a non-delivery report form provided by the Seller.

 

The Seller will investigate the matter and may make inquiries with the carrier to determine whether the Goods have been lost. If the Seller finds that the Goods have been lost in transit, the Seller will replace them without charge, except in case where Paragraph 11 (Availability) or Paragraph 12 (Changes made by Manufacturer) applies, in which case the provisions of those Paragraphs will apply, or where the Parties agree that the Seller will refund any payment of the Contract Price already made by the Buyer instead of replacing the lost Goods.  


18.  CANCELLATION: The Buyer will have the right to cancel the Contract at any time before the end of 7 working days beginning with the day after the Goods are delivered to the Buyer, without giving any reason for cancelling it. This right is given to the Buyer by the Consumer Protection (Distance Selling) Regulations 2000. However, in accordance with those Regulations, this right does not apply to any Goods which have been made to the Buyer’s own specification or to the individual requirements of the Buyer. The right to cancel the Contract therefore does not apply in the case of any Goods which are specially made to the individual requirements of the Buyer (ie. bespoke items). The vast majority, if not all, of the Goods supplied by the Seller are bespoke items by reason of their method of manufacture and composite and individually unique nature. In the event the Seller advertises from time to time that it will accept Orders for the supply of any of the following Goods then the right to cancel the Contract will not apply: where the Order is for new frames fitted with cut prescription lenses; for any cut prescription lenses; or for new prescription lenses made specifically to the Buyer’s individual requirements which are not carried as stock by our manufacturers and suppliers and sold uncut or cut to the Buyer. 

 

To exercise the right of cancellation in cases where the right exists, the Buyer must send written notice of cancellation to the Seller before the end of the period of 7 working days referred to above, by post or by fax or by e-mail, stating that the Buyer is cancelling the Contract. The day on which the notice of cancellation is posted or sent by fax or e-mail will be treated as the day on which notice of cancellation is given. Paragraphs 19 to 21 apply in such cases. If the Buyer cancels the Order whether in the case of any prescription glasses and/or lenses or otherwise, whether the right of cancellation under this Paragraph does or does not apply, or if the Buyer wishes to vary the Order, the Buyer will be liable to pay and shall pay the Seller all actual and reasonable costs and charges incurred including those incurred in confirming and proceeding with the Order, and in refunding the Buyer any payments made including in any event an administrative charge of £10 for processing any such cancellation.

 

The Seller shall be entitled to deduct these reasonable costs and charges from any payment made by the Buyer before refunding the same. The Buyer shall be deemed to have expressly cancelled the Order if any NHS Voucher used to make payment for the Order has not been received by the Seller within 21 days of receipt of Confirmation of the Order by the Buyer and the Seller shall be entitled to treat the Order as cancelled and to apply the cancellation provisions hereof before refunding any additional payment that may have been made by the Buyer.



19.  RETURN OF GOODS ON CANCELLATION: On cancelling the Contract under Paragraph 18, the Buyer will be under a duty to take reasonable care of the Goods, if they have been delivered, and to return them to the Seller at the Buyer’s expense as soon as reasonably practicable. The Buyer must not use the Goods if he chooses to cancel the Contract, since the purpose of cancellation is to restore both Parties to the position they would have been in if the Contract had not been made. In returning the Goods, all risk as to loss of or damage to the Goods will be the Buyer’s risk until they are received by the Seller. The Seller will not be required to refund the postage costs paid by the Buyer, except in a case where the Seller has supplied alternative Goods under Paragraph 12(b), in which case the Seller will refund the Buyer’s reasonable postage costs.



20.  REFUND AFTER CANCELLATION: The Seller will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. Provided that the Goods are complete and have not been used or damaged between delivery and their return by the Buyer, the Seller will refund the whole of the Contract Price to the Buyer and Value Added Tax excluding the original shipping charges if incurred by the Seller due to late cancellation by the Buyer and all actual and reasonable costs and charges incurred in confirming and proceeding with the Order, and in refunding the Buyer any payments made including in any event an administrative charge of £10 for processing any such cancellation. The refund will be made promptly and no later than the later of 30 days after the Goods are returned or notice of cancellation was given.


 21.  RETURN OF GOODS TO BUYER AFTER CANCELLATION: If the Goods have been used or damaged between delivery to the Buyer and their return to the Seller, the Buyer will not be entitled to any refund of the Contract Price under Paragraph 20. Unless otherwise agreed between the Parties, the Seller will then return the Goods to the Buyer and will be entitled to charge the Buyer for the Seller’s reasonable shipping costs in returning them to the Buyer by means of an appropriate mail service determined by the Seller. The Seller will not be obliged to return the Goods to the Buyer until the Buyer has placed the Seller in clear funds for the shipping costs for returning the Goods to the Buyer.



22.  MANUFACTURER’S WARRANTY: The Seller will supply the Goods to the Buyer with the benefit of any warranty given by the manufacturer. The terms of any such warranty will be taken to be included in the Contract between the Seller and the Buyer. Any Goods which fail to meet the standards provided by the manufacturer’s warranty must be returned to the Seller, at the Seller’s expense by refunding the reasonable postage costs paid by the Buyer, for repair, replacement or refunding the Contract Price in accordance with the terms of the warranty. If the Goods are not defective within the terms of the warranty, they will be returned to the Buyer at the Buyer’s expense, unless any other provisions of these Terms and Conditions give the Buyer a right to reject the Goods or to cancel the Contract.



23.  QUALITY AND FITNESS: The Goods will be of satisfactory quality and will be fit for all the purposes for which Goods of the kind in question are normally supplied. These are requirements made by the Sale of Goods Act 1979. The quality of the Goods includes their state and condition, appearance and finish, freedom from minor defects, durability and safety. The Seller does not provide any services by way of maintenance or repair of the Goods once they have been supplied to the Buyer in good condition and in compliance with all other requirements of the Contract. The Seller will not be liable for any damage to the Goods caused by any misuse, mistreatment or other failure to take care of the Goods by the Buyer or any other person following delivery.



24.  REJECTION BY REASON OF DEFECTS: The Buyer may reject the Goods in the case of any defect in workmanship or materials or any other matter resulting in the Goods not being of satisfactory quality or reasonably fit for the purpose for which such Goods are normally supplied, or in the event that the Goods do not comply with the requirements of the Contract in any other respect, including any failure to correspond with the description required by the Contract. In the case of prescription glasses or lenses, this includes any case where it appears to the Buyer that the prescription of the lenses does not match the prescription stated in the order. If the Buyer considers that the Goods are defective or do not comply with the requirements of the Contract, the Buyer must inform the Seller as soon as reasonably practicable after discovering the defect. Paragraphs 25 to 29 apply in such cases.



25.  RETURN OF REJECTED GOODS: If the Buyer rejects the Goods in accordance with Paragraph 24, the Buyer must return them to the Seller as soon as reasonably practicable after discovering the defect. If the Buyer is found to be entitled to a refund of the Contract Price in accordance with Paragraph 27, the Seller will refund the reasonable postage costs paid by the Buyer in returning the Goods to the Seller, as stated in Paragraph 27. 



26.  EXAMINATION OF REJECTED GOODS: The Seller will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. If it appears to the Seller, or any expert consulted by the Seller, that there was no defect in the Goods or failure to comply with the requirements of the Contract when they were delivered to the Buyer and the Buyer disagrees with that opinion, the Parties may appoint an independent expert to examine the Goods and report to the Parties as to the condition of the Goods or any other matter which caused the Buyer to reject them.



27.  REFUND IN THE CASE OF DEFECTIVE GOODS: Where the Seller agrees that the Goods were defective or failed to comply with the requirements of the Contract when they were delivered to the Buyer, or an independent expert appointed by the Parties reports that they were defective or failed to comply with the requirements of the Contract, the Seller will refund the full Contract Price to the Buyer promptly and in any event within 30 days after the Goods are confirmed as defective by the Seller or by the independent expert. The Seller will also refund the reasonable postage costs paid by the Buyer in returning the Goods to the Seller.


28.  REPAIR OR REPLACEMENT OF DEFECTIVE GOODS: This Paragraph applies as an alternative to a refund of the Contract Price under Paragraph 27. At the option of the Buyer, the Seller may repair the Goods, replacing any part as necessary, where it is practicable for the Seller to do so, and return the Goods to the Buyer. As a further alternative, at the option of the Buyer, the Seller may replace the defective Goods with other Goods which comply with the requirements of the Contract, where such Goods are available to the Seller, or with any other Goods which are available to the Seller and acceptable to the Buyer. If the Buyer chooses to receive replacement Goods of a higher or lower price than the Goods originally ordered under the Contract, the Buyer will pay an appropriate further sum to the Seller or the Seller will refund an appropriate sum to the Buyer. Where the Goods are repaired or replaced under this Paragraph, the Seller will refund the reasonable postage costs paid by the Buyer in returning the Goods to the Seller and will pay the cost of returning the repaired Goods or delivering replacement Goods to the Buyer.



29.  RETURN OF NON-DEFECTIVE GOODS: Where the Parties agree that there was no defect in the Goods or failure to comply with the requirements of the Contract when they were delivered to the Buyer, or where an independent expert appointed by the Parties reports that there was no defect or failure when they were delivered to the Buyer, the Seller will return the Goods to the Buyer and will not be required to refund the postage costs paid by the Buyer in returning them to the Seller. The Seller will be entitled to charge the Buyer for the actual and reasonable costs of examining the Goods, including the cost of any examination by an independent expert. The Seller will also be entitled to charge the Buyer for the cost of any repair or replacement of parts carried out by the Seller at the request of the Buyer and the reasonable cost of returning the Goods to the Buyer by means of an appropriate mail service determined by the Seller. The Seller will not be obliged to return the Goods to the Buyer until the Buyer has placed the Seller in clear funds for all of the aforesaid actual and reasonable costs.



30.  PATENTS AND TRADE MARKS: The Seller will take all necessary action to ensure that the sale of the Goods to the Buyer will not infringe any third party’s intellectual property rights, namely any patents, trade marks, service marks, design rights, copyright, trade or business names or other similar rights, whether or not such rights are registrable in the United Kingdom. The Seller will take legal responsibility to pay all sums which the Buyer would be liable to pay, including all reasonable costs incurred by the Buyer, in respect of any claims made against the Buyer where the possession of the Goods involves any actual or alleged infringement of the intellectual property rights of any third party by the Seller. 



31.  DEATH AND PERSONAL INJURY LIABILITY: The Seller will pay reasonable compensation in respect of any death or personal injury which is caused by the reasonably foreseeable result of any defect in the Goods or any negligent or other unlawful act or omission by the Seller. This liability includes the Seller taking legal responsibility to pay all sums which the Buyer would be reasonably liable to pay, and all reasonable costs reasonably incurred by the Buyer, in respect of any such foreseeable claims made against the Buyer by any other person subject at all times to the representations and warrantees from the Buyer contained in Paragraph 1. It is expressly agreed that any such liability arising from the Buyer acting as a reseller is not foreseeable and is hereby specifically excluded under these Terms and Conditions without prejudice to the generality of the same.



32.  GENERAL LIABILITY OF THE SELLER: The Seller will be liable for any losses or expenses reasonably incurred by the Buyer which are the reasonably foreseeable result of a breach of these Terms and Conditions by the Seller or any other unlawful act or omission by the Seller. In the case of any defect in the Goods where no death or personal injury is caused, the liability of the Seller will be limited to the amounts stated as being payable by the Seller under Paragraphs 27 and 28, namely the full Contract Price and the refund of any reasonable postage costs paid by the Buyer in returning the Goods. The Seller will not be liable for any indirect loss such as any additional costs incurred by the Buyer in obtaining another product from another source, or any other loss or expenses incurred by the Buyer by being prevented from using the Goods from the expected date of delivery or at any time after that date. 



33.  CONFIDENTIALITY: The Seller will treat as confidential all information obtained from the Buyer in placing an order and in the course of the Contract. The Seller will not disclose any of that information to any third party without the prior written consent of the Buyer, except to such persons and to such extent as may be necessary for the proper performance of the Contract or compliance with any other legal obligation. The Seller will not use any of that information, without the prior written consent of the Buyer, otherwise than for the purposes of the Contract and obtaining payment from the Buyer for such sums properly due and owing to the Seller under the terms of these Terms and Conditions. For the avoidance of any doubt the Buyer hereby consents in writing to the Seller using that information to obtain payment from the Buyer for all such sums properly due and owing to the Seller under the terms of these Terms and Conditions.



34.  TERMINATION: Either Party may terminate the Contract by giving written notice to the other Party with immediate effect, if the other Party is in breach of these Terms and Conditions and either: (a) the other Party has not corrected the breach to the reasonable satisfaction of the first-mentioned Party within 30 days, or such other reasonable period as may be specified by the first-mentioned Party, after service of written notice specifying the breach and requiring it to be corrected within that reasonable time; or (b) the breach is not capable of being corrected or is in law a fundamental breach of the Contract.



35.  NOTICES: Any written notice or notification to given between the Parties under these Terms and Conditions may be delivered by hand or sent by pre-paid first class post or by facsimile transmission or electronic mail. It will be treated as given on the day when the Party concerned delivers it by hand, posts it, or sends it by fax to the correct fax number of the other Party or by e-mail to the correct e-mail address of the other Party.



36.  VARIATION: These Terms and Conditions will not be varied unless the variation is agreed by both Parties. All variations will be set out or confirmed in writing between the Parties.



37.  THIRD PARTIES: No person other than the Seller and the Buyer has any right to enforce the Contract under the provisions of the Contracts (Rights of Third Parties) Act 1999.



38.  CONSUMER PROTECTION LAW: The Seller intends these Terms and Conditions to comply with all applicable provisions of the law relating to the Sale of Goods and Consumer Protection, including in particular the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977, the Consumer Protection (Distance Selling) Regulations 2000, the Sale and Supply of Goods to Consumers Regulations 2002, and the Unfair Terms in Consumer Contracts Regulations 1999. If any provision of these Terms and Conditions is inconsistent with any applicable provisions of law, the rights given to the Buyer under those provisions of law will override the provision in these Terms and Conditions without prejudice to the remaining terms of these Terms and Conditions.



39.  AMENDING THE TERMS OF CONTRACT: If any provision in these Terms and Conditions is declared by any court of competent jurisdiction or other competent authority of competent jurisdiction to be void, illegal or otherwise unenforceable, the Parties may amend that provision in a reasonable manner to achieve the original intention of the Parties without any illegality. Alternatively, at the discretion of the Seller, any such provision may be removed from these Terms and Conditions and the remaining provisions will remain in full force and effect. 



40.  APPLICABLE LAW AND JURISDICTION: The Contract is made in England and Wales. The Contract and the relationship between the Parties will be governed by and construed in accordance with the Laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any legal claims whatsoever arising from or in connection with the Contract or the relationship between the Parties.


41.  FORCE MAJEURE: The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond the Seller’s reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).


42.  DESIGN, IMAGES, TINTS AND REPRODUCTION: Whilst all care is taken during the photography and editing of the images of frames the actual colour of frames may vary slightly from that shown due to differences in individual users’ VDU screens’ characteristics. The Buyer should be aware that the tint picture colours are also only a guide due to the fact that colourisation on individual users’ VDU screens can be different. We will not accept liability for shade differences in tint colour. Further the Buyer should be aware that colour tints do not afford UV protection unless the tinted lens sold are specifically stated to include UV protection. Images, code, layout and style are all copyrighted. Reproduction in whole, or in part, is strictly prohibited without written permission.


43.  COMPLAINTS: The Buyer may make any complaint to the Seller concerning the performance of the Contract by writing to the Seller at its business address, Online Optics, PO Box 10, Newtonmore, PH20 1WX; or by e-mail via our Contact Us page.

Shopping Basket
No items in basket
0 Items 0.00
> Checkout
To remove an item from your basket just click
Buy glasses in Sage Pay
Free UK Glasses Postage
Bench Glasses
Calvin Klein Glasses
Porsche Design Glasses
Givenchy Glasses
Anna Sui Glasses
Hackett Glasses
Oscar and Fitch Glasses
Paul Costelloe Glasses