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. Price
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. Liability
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. Notices
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. Invalidity
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.
10. Privacy
10.1 You acknowledge and agree to be bound
by the terms of our privacy policy.
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. Images
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
14.1 These terms and conditions, together
with our current website prices, delivery
details, contact details and privacy policy,
set out the whole of our agreement relating
to the supply of the goods to you by us.
Nothing said by any sales person on our
behalf should be understood as a variation
of these terms and conditions or as an
authorised representation about the nature
or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation,
we shall have no liability for any such
representation being untrue or misleading.
Privacy Policy
Any data supplied to us will
not be handed or sold to third parties.