EYE 2 EYE SHOP TERMS AND CONDITIONS OF SUPPLY
Any Order and subsequent purchase of Goods (as defined below) from Eye2Eye shop shall be governed by the following terms and conditions. Please read them carefully.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
"Eye2eye Shop offices at 231 Grange Road Birkenhead Wirral CH41 2PH and trading
under the name www.eye2eyeshop.com
"Goods" means those products made available by Eye 2 Eye Shop that you wish
to purchase, as indicated in your Order.
"Order" means orders placed in accordance with the provisions of Section 3.1.
"Site" means the website owned and operated by Eye2EyeShop with URL address http://www.eye2eyeshop.com
2.1 By submitting your Order you warrant, represent and undertake:
2.1.1 that you are aged 16 or over and are not registered blind or registered
Partially sighted and are not ordering on behalf of another person;
2.1.2 that you are in possession of a written prescription for your spectacles, and
that such prescription has been given to you by a registered medical practitioner or registered optometrist ("your optician") following the testing of sight by him or her within the last twenty-four months (24) if you are under 70 years old, or within the last twelve months (12) if you are aged 70 or over, and that any recommended retest date has not elapsed;
2.1.3 If sending Eye 2 Eye Shop your existing spectacles to be copied, that the
Spectacles sent to Eye 2 Eye Shop are made to your written prescription referred
to in Clause 2.1.2;
2.1.4 to supply, full, accurate and complete details of your current prescription
(including any notes on the prescription) or a copy of your original prescription
when requested, and any contact details as given to you by your optician;
2.1.5 that you know of no reason why the Goods may not be suitable for
2.1.6 if you have worn spectacles before and have experienced any problems with
the spectacles, to provide us with accurate and complete details of such problems;
2.1.7 to provide any details reasonably requested by Eye 2 Eye Shop to confirm that
you are eligible to purchase the Goods;
2.1.8 that you are acting in your capacity as an individual consumer and the Goods or
any part of the Goods shall not be used for resale or for anything other than your
own personal use;
2.1.9 that you are resident within the United Kingdom; and
2.1.10 that you are the authorised holder of any credit/debit card you may use on
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site;
3.1.2 By telephoning Eye 2 Eye Shop on 0151 513 0799
3.1.3 3.2 Your submission of the Order, whether submitted via the Site, by telephone,
fax or post represents an offer to purchase the Goods from Eye 2 Eye Shop.
Eye 2 Eye Shop may confirm receipt of this offer via email (if the Order is placed via
the Site) or verbally (if the Order is placed via telephone). Any confirmation of receipt
of the Order will not constitute an acceptance by Eye 2 Eye Shop of your Order.
3.3 There will be no binding contract between you and Eye 2 Eye Shop for the supply of
Goods until the Goods have been dispatched to you by Eye 2 Eye Shop.
4.1 Eye 2 Eye shall make every effort to ensure that all Orders are fulfilled, however we cannot guarantee the availability of Goods. All designer Frames and Sunglasses are supplied direct from the manufacturer to us and therefore from time to time these can be temporally out of stock this is usually because the goods are the latest designs. If the Goods you have ordered are unavailable, Eye 2 Eye Shop will contact you to give you a choice to receive a replacement or a refund. If Eye 2 Eye Shop receives no response from you, Eye 2 Eye Shop may, at its absolute discretion, wait for the goods to come into stock or cancel the Order and provide a Full refund.
4.2 Eye 2 Eye Shop tries to ensure that the Goods supplied match the descriptions provided on the Site. Whilst Eye 2 Eye Shop tries to ensure that there are no changes to the Goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods.
4.3 Eye 2 Eye Shop shall, on the advice of its supervising optician, have absolute discretion as to whether or not to accept an Order.
4.4 Eye 2 Eye Shop will use an appropriate, average pupillary distance set by its supervising opticians, unless:
4.4.1 you send your pupillary distance measurement to us.
4.4.2 Orders cancelled before despatch may incur a charge for time and materials used in preparation of the order.
4.4.3 You accept responsibility for entering your prescription details.
5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated on the Site at the time your Order is placed in accordance with these Terms and Conditions.
5.2 Prices stated are in Pounds Sterling and include Professional fees and VAT.
5.3 Eye 2 Eye Shop uses reasonable endeavours to ensure the accuracy of the prices and price related information stated on the Site, but cannot guarantee that you will not encounter a miss priced item on the Site. If an item is miss priced or if the price has changed, Eye 2 Eye Shop will contact you and give you the choice to accept the correct price or to cancel the Order.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site.
5.5 All accepted methods of payment are on our site.
5.6 We reserve the right to amend prices without notice.
6.1 Delivery of the Goods shall take place at delivery address stated on your Order
(which must be a United Kingdom address).
6.2 If your Order is accepted by Eye 2 Eye Shop, delivery will take place no later than 28 days following receipt of your Order; and/or where a Eye 2 Eye Shop supervising optician arranges direct or via email /Fax an extension to that time limit with you.
7.1 Upon delivery of the Goods you must inspect them carefully. If any of the Goods do not match the description or appear to be damaged, do not use the Goods or any items accompanying the Goods, and please contact us by telephone or email and inform us of the problem.
7.2 The Goods will contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription you set out in your Order, do not use the Goods or any items accompanying the Goods and please contact us by telephone or email and inform us of the problem.
7.3 You must notify Eye 2 Eye Shop immediately if there are any defects in the Goods, which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
7.4 If the Goods are defective on delivery, Eye 2 Eye Shop shall at its absolute
discretion replace such Goods or give a refund.
7.5 If the Goods are defective in accordance with any of Clauses 7.1 to 7.3, you agree to return the defective Goods to Eye 2 Eye Shop in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.
7.6 Subject to Clause 7.7, Eye 2 Eye Shop shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods returned for the reasons set out in Clause 7.1 to 7.3 and shall, upon written request, reimburse you the reasonable costs of returning the defective Goods.
7.7 You will be liable for the costs of replacement Goods (including posting, packing and delivery) until the returned Goods are received by Eye 2 Eye Shop.
8.1 In the event of cancellation you shall promptly return the Goods, and any items and packaging accompanying the Goods and Eye 2 Eye Shop shall, subject to such Goods and items being returned in substantially the same condition as when received by you, reimburse you within 28 days of the day on which notice of cancellation is given or the returned Goods and items are received by Eye 2 Eye Shop, whichever is the earlier. Such a refund will include the total price paid for the Goods but shall not include any costs of returning the Goods to Eye 2 Eye Shop such as postage and packing. Monies will be refunded by the same method of payment as originally paid to Eye 2 Eye Shop.
8.2 No monies will be refunded if:
8.3 The goods are not retuned within Ten days (10)
8.3.1 the Goods are not received by Eye 2 eye Shop in "as new" condition with all items present.
8.3.2 Eye 2 Eye Shop has not received payment in full for the Goods; or
8.3.3 you are in breach of your obligations under these Terms and Conditions of Supply, if, by way of example only, you provide a false certification.
8.4 If you discover a manufacturing defect within six months of delivery, you must notify Eye 2 Eye Shop immediately.
8.4.1. If you return the defective Goods stating the manufacturing defect to Eye 2 Eye Shop, Eye 2 Eye Shop shall at its absolute discretion repair or replace such Goods or give a refund.
8.4.2. Eye 2 Eye Shop shall not repair or replace any Goods or give a refund if (i) it has not received the defective Goods back from you or (ii) if the defect is caused by misuse or mistreatment of the Goods or cared for in accordance with any specific instructions issued with the product.
8.4.3. Eye 2 Eye Shop shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect. You the purchaser shall by responsible for the postage retuning them to Eye 2 Eye Shop and the safekeeping until such time as they are delivered to Eye 2 Eye Shop including any period in transit.
9.1 Subject to Clause 8, title in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order provided that Eye 2 Eye Shop has received payment in full for the Goods.
9.2 Subject to Clause 8, risk in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order.
9.3 In the event of cancellation, risk in the Goods remains with you until Eye 2 Eye Shop receives the Goods.
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 Clauses 10.1, the total liability of Eye 2 Eye Shop to you in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Eye 2 Eye Shop for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, Eye 2 Eye 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, Eye 2 Eye Shop shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Eye 2 Eye Shop has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 Eye 2 Eye Shop shall not be liable to you where the 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, Eye 2 Eye Shop accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
Eye 2 Eye Shop 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 Eye 2 Eye Shop, by recorded post to Eye 2 Eye Shop
231 Grange Road Birkenhead Wirral CH41 2PH, and in the case of notices to you, by post, fax or email to the address or other contact address set out in your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by fax or email, at the time of transmission, provided no transmission failure notice is received
13.1 In the interpretation of these Terms and Conditions:
13.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement; and
13.1.2 "including" means including without limitation and includes shall be construed accordingly.
13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.
13.3 The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.
13.4 These Terms and Conditions and any relevant Order accepted by Eye 2 Eye Shop constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site) 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 Eye 2 Eye Shop. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of Eye 2 Eye Shop and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by Eye 2 Eye Shop with you in writing.
13.5 Failure by either 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.
13.6 If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.
13.7 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.