These Terms and Conditions govern the supply of goods sold by Severn Optical Ltd Unit 22 Trench Lock 3, Telford, Shropshire, TF1 5ST or through the website www.thespecsfactor.co.uk (“We”) to the consumer (“You”). The Severn Optical Ltd is registered as a company in England and Wales.
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law and you will be bound by these if we accept your order. If you do not agree to be bound by these Terms and Conditions then please do not continue to place any orders through this site.
If you have any difficulty reading this page you must contact us before you place your order. You must be over 16 years of age and must not be registered blind or partially sighted. Your prescription must have been issued within the last two years. You must provide a copy of your prescription to us if so requested.
1. The Contract
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The prices Payable for goods that you order are set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3. Your Right to Cancel
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for canceling your contract. Please notify us if there is any problem with the goods at the time of cancellation.
3.2 We will refund you the full cost of the frame upon receipt of the returned goods in satisfactory condition.
3.3 We cannot offer any refund on the cost of the lenses because they are custom made items.
3.4 To cancel your contract you must notify us in writing.
3.5 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.6 Once you have notified us that you are cancelling your contract, any sum paid to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of receipt of your returned goods PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.7 The cost of carriage to you is not refundable.
4. Our Right to Cancel
4.1 We reserve the right to cancel the contract between us if :-
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of Goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. A valid signature will be required upon collection or delivery.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
6.6 We shall not be liable for any errors made when entering prescription details online.
7.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (choose and insert relevant postal address, probably shop address) and all notices from us to you will be displayed on our website from to time.
8. Events Beyond Our Control
8.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Third Party Rights
11.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing Law
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13.1 We endeavour to ensure that the photographs appearing on the site represent an accurate illustration of the frames in question however the colour may vary slightly due to differences in computer graphics.
13.2 Any logos appearing on the lenses will not appear on completed spectacles.
13.3 All frames come with a case and lens cloth. Any images of these are for illustrative purposes and may not represent the exact case supplied.
13.4 Images, style, layout and code are all copyright. Reproduction in whole or in part is strictly prohibited.
14. Entire Agreement
Any data supplied to us will not be handed or sold to third parties.