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Terms of use

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

General conditions of use

Definitions

“Conditions” means General Conditions and the Special Conditions;

“General Conditions” means the conditions set out below as revised from time to time;

“Internet” means the global network of computer systems using TCP/IP protocols including (but not limited to) the World wide Web.

“Personal Information” means the details provided by You to Us including (but not limited to) name, delivery and billing addresses and payment information;

“Product” means a product displayed for sale on the Website;

“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided;

“Special Conditions” means the terms and conditions in the Product Description which shall take precedence where inconsistent with the Conditions of Use;

“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and

“Users” means the users of the Website collectively;

“Website” means the collection of pages published on the Internet with the URL www.onestopglasses.co.uk or any other such site owned or operated by Us that may replace it from time to time;

“We/Us” means One Stop Glasses Limited and “Our”, “Ours” and cognate terms shall be interpreted accordingly;

“Working Day” means every day of the year except Saturdays and Sundays and English statutory and public holidays.

“You” means a user of this Website, any person (whether corporate or unincorporated) accessing the Website by any means and “Your”, “Yours” and cognate terms shall be interpreted accordingly .

Licence

We grants to You a single non-exclusive and non-assignable licence to access the Website and make use of the functions provided as part of the Website subject always to the Conditions which shall not be amended or waived without Our written agreement.

1. Use of the Website

1.1 Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by You for products must be placed strictly in accordance with these Conditions.

1.2 Personal Information

1.2.1 You warrant that:

1.2.1.1 The Personal Information which You are required to provide is true, accurate, current and complete in all respects; and

1.2.1.2 You will notify Us immediately of any changes to the Personal Information affecting any order by contacting Us by e-mail at infoonestopglasses.co.uk or by telephoning us on 01254 760111.

1.2.1.3 You will not in using the Website impersonate any other person or entity or use a false name or a name that You are not authorised to use.

1.3 Privacy policy

1.3.1 We will treat all Your Personal Information as confidential (although We may disclose this information in the circumstances set out below). We will keep it on a secure server and We will fully comply with current applicable English Data Protection and consumer legislation.

1.3.2 When You shop on this Website, We will ask You to input and will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and prescription details.

1.3.3 When ordering, You must provide us with details of the relevant prescription that is to be applied to the Product. All prescriptions provided to Us must be given to You by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him or her within the last two years.

1.3.4 We will rely upon the prescription provided by You and the Product provided will contain lenses matching the prescription that You submitted.

1.3.5 We may also collect information about where You are on the internet (eg the URL You came from, IP address, domain types such as .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of Our Website that were viewed during Your visit, any advertisements You clicked on, and any searches that You performed on Our Website ("User Information").

1.3.6 We confirm that any Personal Information that You provide to Us (or that is available on public registers) and any User Information from which We can identify You, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process Your Personal Information and User Information only for the following purposes:

1.3.6.1 Processing Your orders;

1.3.6.2 Performing the contract;

1.3.6.3 For statistical purposes to improve this Website and its services to You;

1.3.6.4 To administer this Website.

1.3.7 You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, email or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

1.3.8 When You order online you accept that You wish to receive information from Us by post, e-mail or telephone, about products, promotions or special offers that We feel may be of interest to You. In the event that You do not wish to be contacted for such purposes, You may unsubscribe from Our mailing list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing Us at infoonestopglasses.co.uk or by telephoning us on 01254 760111.

1.3.9 When You opt in, you agree to receiving information from Us by email about products, promotions or special offers that We feel may be of interest to You. . In the event that You do not wish to be contacted for such purposes, You may unsubscribe from Our mailing list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing Us at infoonestopglasses.co.uk or by telephoning us on 01254 760111.

1.3.10 Your Personal Information will be disclosed to third parties who will help process Your order and payment. We will not release Your Personal Information to any outside company for mailing or marketing purposes.

1.3.11 We may disclose Your Personal Information and /or User Information without your consent if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities or where otherwise provided for by the Data Protection Act 1998 and applicable Codes of Practice.

1.4 Indemnity

You agree fully to indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or that of any other person accessing the Website using Your Personal Information.

1.5 Our rights

1.5.1 We shall disclose Your Personal Information to a Registered Dispensing Optician in order that the contract can be performed. The Registered Dispensing Optician shall manufacture the Product and effect the sale to You as our sub-contractor on Our behalf.

1.5.2 We reserve the right to:

1.5.2.1 Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You for any modification to or withdrawal of the Website; and/or

1.5.2.2 Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

1.6 Third-party links

To provide increased value to Our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. If You have a particular concern regarding the way Your personal information will be used then You are advised to read the privacy statement on the relevant site.

2. Purchase of products

2.1 Order Acceptance

2.1.1 Order acceptance and the completion of the contract between You and Us will take place on the despatch to You of the Products ordered unless We have previously notified You that We do not accept Your order or You have previously cancelled it in accordance with the instructions set out below.

2.1.2 Non-acceptance of an order may be a result of one of the following:

2.1.2.1 The product You ordered being unavailable from stock ;

2.1.2.2 Our inability to obtain authorisation for Your payment;

2.1.2.3 The identification of a pricing or product description error;

2.1.2.4 You not meeting the eligibility to order criteria set out under 2.6 in the General Conditions.

2.1.3 If there are any problems with Your order, We will contact You using the Personal Information provided by You.

2.1.4 The sales contract is completed in England.

2.1.5 If You wish to exercise Your right to cancel this contract prior to order despatch, follow the procedure set out in Order Changes/Cancellation below. If Your order has already been dispatched please follow the procedure set out in Returns below.

2.1.6 We reserve the right to reject any offer to purchase by You at any time.

2.1.7 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.

2.2 Order Changes/Cancellation

2.2.1 If this contract has been made between us via telephone, Internet or correspondence (including email) without any face to face contact having occurred between us, then You will have a 7 day period from the date when the order is placed in which to cancel this contract. This right does not apply [where and to the extent that] we have started to customize any materials (including manufacturing goods) in accordance with Your requirements.

2.2.2 If You wish to change or cancel an order then You should contact Us as provided for below. We will endeavour to act on Your request but We may have already forwarded Your order to the Dispensing Optician and the customisation of the Product may have commenced and/or arrangements may be being made to send the product out to You. If this is the case then We cannot always cancel the order.

2.2.3 To change or cancel an order, e-mail us immediately infoonestopglasses.co.uk or telephone us on 01254 760111 giving:

2.2.3.1 Customer Name

2.2.3.2 Order Number

2.2.3.3 Date of the order

2.2.3.4 Details of the change

2.2.4 If Your order is unable to be cancelled for the reasons provided above please follow the procedure set out in Our Returns policy below.

2.2.5 If You are cancelling because of any problem with the goods, please notify Us of the problem at the time of cancellation.

2.3 Returns

2.3.1 We hope You will be highly satisfied with any product purchased on Our Website but if You wish to return a defective item to Us then We aim to make it as quick and convenient as possible. We will (at your option) replace or exchange the goods or refund the price of the item.

2.3.2 To return goods E-mail Us at infoonestopglasses.co.uk or telephone us on 01254 760111 stating the reason for the return.

2.3.3 If the goods are faulty, incorrect or damaged on delivery We will meet the cost of return (but we ask that You allow Us to nominate the carrier) and We will refund the price paid for the goods including delivery charges. Where substituted goods have been provided and they are faulty, incorrect or damaged on delivery We will meet the cost of return (but we again ask that You allow Us to nominate the carrier).

2.3.4 Please ensure in both of the above situations that the item is securely wrapped for transit. Failure to comply will mean that We will deduct Our recovery costs from any refund We owe You.

2.3.5 Once We have received and verified the returned item We will initiate the refund, replacement or exchange.

2.3.6 Should it become apparent upon receipt of the goods that the prescription provided by You was incorrect, You must return the goods to Us immediately and ensure that the item is securely wrapped for transit .

2.3.7 Where clause 2.3.6 applies, once We have received and verified the returned item and obtained confirmation that all of the obligations in clause 2.3.6 have been complied with, We will provide you with replacement goods in accordance with the new prescription details that You provide to Us and issue You with a further invoice totaling 50% of the original cost.

2.3.8 This policy is in addition to any statutory rights that You may have as a consumer, which remain unaffected, and We do not exclude liability for death or personal injury arising from Our negligence or for fraudulent misrepresentation.

2.4 Description of Products

2.4.1 Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

2.4.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance policy above.

2.4.3 Unless You state otherwise, We will apply an average pupillary distance (“PD”) to complete Your order. If You wish to apply Your own personal PD to a Product, We recommend that You consult Your optician to obtain Your PD before ordering, and provide that number to Us when ordering.

2.4.4 For the purposes of Regulation 7 & 8 of the Distance Selling Regulations 2000 the information available in the vicinity of the Products on the Website is provided in discharge of Our obligation to provide information to consumers. You are invited to produce a hardcopy of that information from the Website to retain for Your records.

2.5 Payment

2.5.1 All prices are shown inclusive and exclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of Your order is the price of the Products ordered including VAT, plus delivery charges. Payment can be made by any of the methods specified on the Website. Once we are in full and cleared funds the goods will be despatched.

2.5.2 You confirm that the credit or debit card You use to place an order is Yours.

2.5.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We may refuse Your order.

2.5.4 All card payments are processed by HSBC Bank plc or other such person as We may nominate from time to time.

2.6 Refusal of Transaction

2.6.3 We will not fulfil orders for varifocal, progressive lenses or prescriptions of a sphere over 6 dioptres and/or a cylindrical value over 2 dioptres.

2.6.4 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason to anyone at any time at Our sole discretion. We will not be liable to You or any third party by reason of Our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or suspending any transaction after processing has begun.

2.6.5 To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law You must:

2.6.5.1 Be over the age of 18 years, You must not be registered blind or partially sighted or ordering on behalf of someone under 18 years of age;

2.6.5.2 Register by providing Your real name, phone number, e-mail address, payment details and other requested information;

2.6.5.3 Provide us with details of a relevant prescription to be applied to the Products. All prescriptions must be given to You by a registered medical practitioner or registered ophthalmic optician following a test of sight by him or her within the last 2 years.

2.6.5.4 Stipulate a delivery address. Please note that PO box numbers, hotels and accommodation addresses are not acceptable

2.6.5.5 Possess a valid credit or debit card.

2.6.6 By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

2.7 Delivery

2.7.1 Where delivery or despatch times are stated anywhere on the Website, the times are approximates only and while We endeavour to deliver to You within the time stated, delivery could be delayed due to events beyond our control. The time of delivery is not the essence of the contract.

2.7.2 Goods will be delivered to You by a third-party carrier and the cost of delivery will be included in the total price of the order and notified to You on the checkout page of the Website, prior to completing your order.

2.7.3 We aim for delivery to take place within 14 working days from the date You placed Your order.

2.7.4 If for any reason You do not accept delivery of any Product in accordance with this paragraph then We may charge You an additional fee to cover any reasonable direct cost incurred by Us as a result.

2.7.5 Upon delivery of a Product you should carefully inspect the Product. If any of the Products are damaged or lost, please contact us to inform us of the problem and do not use the Product.

3. General

3.1 Intellectual property and right to use

3.1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or the owners under licence from whom the content appears. You are permitted to use this material only as expressly authorised by Us.

3.1.2 You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content on this site or any other manner of exploitation of any contents of the Website in part or in whole is strictly prohibited.

3.1.3 Any copyright material posted on this Website which is not Our property is acknowledged as such. All right to this copyright remain with the proprietor of the copyright subject to a licence to Us.

3.2 Compliance with laws

3.2.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

3.3 Limitation of liability

3.3.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.

3.3.2 We cannot guarantee that the appearance/and or colours of the Products shown on this site exactly reproduces the appearance and/or colours of the Products themselves, this will vary according to the resolution and the screen type of your computer. All sizes quoted are approximates.

3.3.3 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

3.3.4 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website will be available to You at any time. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website. You are responsible for maintaining suitable virus protection software on Your computer.

3.3.5 We shall not be liable for the non-accessibility of this Website due to the technical inefficiency or failure (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.

3.3.6 We accept no responsibility for the inaccessibility of this Website caused by the Users of non-compatible, defective or obsolete hardware or software, nor shall We be liable for failure to inform Users of the hardware and software required for use of the Website.

3.3.7 We will not be liable in contract, tort (including, without limitation, negligence), or for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

3.3.7.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

3.3.7.2 Any loss of goodwill or reputation; or

3.3.7.3 Any special or indirect losses;

suffered or incurred by any party arising out of or in connection with any use of the Website.

Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants or employees.

3.4 Force Majeure

We shall not be liable to You where performance of any of Our obligations to You is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government or any other cause not within Our reasonable control.

3.5 Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

3.6 Waiver

No waiver by Us of any provision of the Conditions shall be construed as a waiver of any proceeding, succeeding or continuing breach of any provision of the Conditions.

3.7 Entire agreement

3.7.1 These Conditions govern Our relationship with You. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation.

3.7.2 Nothing in this Clause shall limit or exclude Our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.

3.8 Law

3.8.1 The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.

3.8.2 The submission by the parties to such jurisdiction shall not limit Our right to commence any proceedings arising from any breach of these conditions in any other jurisdiction it may consider appropriate.

3.8.3 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served by prepaid recorded delivery or special delivery or by facsimile transmission or be electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile (with correct answerback) or electronic mail(to the correct addressee) or if later at 9.00am on the next Working Day.

3.8.4 In the event that You are resident outside England Your address for service in England shall be the address notified to Us in the absence of such or where such address is outside England You shall not object to any application by Us for an alternative means or place of service or dispensing with service.

3.9 Statutory Rights

Where the User is a consumer as defined by the Distance Selling Regulations 2000 the consumer’s statutory rights are not affected by the Conditions.