Availability of goods
• All goods advertised on the site are subject to availability. If an item that you wish to order is unavailable, we shall inform you by telephone or e-mail.
• We shall not charge you for goods that we cannot supply for any reason. However we will not be responsible for any losses or damage that may occur if we fail to supply goods.
• We have made every effort to display all the goods on the website as accurately and fairly as possible. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there may be some minor variations to the description and/or specification of the goods due to changes made by the manufacturers or the fitting of the lenses.
• We will meet our responsibilities under this contract within a reasonable time unless it is impossible to do so because of circumstances beyond our reasonable control; in particular we will not be responsible for delays caused by our suppliers.
Conditions of sale (for prescription glasses)
• You confirm that you are aged over 16 years of age and are legally able to purchase prescription spectacles from SpeckyFourEyes.com.
• You confirm that you are not registered blind or partially sighted.
• You agree that you will provide any details reasonably requested by SpeckyFourEyes.com to confirm that you are legally able to purchase prescription spectacles.
• You agree to make purchases on the SpeckyFourEyes.com website using your correct name, address, date of birth and any other details requested.
• All prescriptions that you supply to us must have been given to you by a registered medical practitioner or registered optician following a sight test by him or her within the last two years.
• Unless specifically agreed by phone or email, we will only supply glasses with lenses of a spherical power between +8.00 and -8.00(dioptres) and a cylindrical power between +4.00 and -4.00(dioptres). Should you require lenses outside of these values call us on 03448 20 20 20 or email email@example.com. An out of range fee may apply.
• If your prescription has a PRISM value there is an additional charge of £15 per lens.
• When ordering from us, we shall rely upon the prescription provided by you. You are responsible for entering the prescription information and PD (pupillary distance) measurement as requested. No liability is accepted by SpeckyFourEyes.com for any mistake made by you in providing your prescription or PD measurement.
• If no PD measurement is provided we will use an average PD of 63mm for bifocal and single vision distance lenses, or a PD of 60mm for single vision reading lenses. We take no responsibility for any visual problems you may encounter for an incorrect PD, SpeckyFourEyes® recommend that you consult your Optician to obtain your PD before ordering, and provide that measurement to us when ordering.
• If you are in doubt about any of the information do not enter it. Leave the prescription area clear and call us on 03448 20 20 20 or email us at firstname.lastname@example.org.
• Prices displayed on our website are correct at time of display. We reserve the right to alter prices from time to time without notice. However, once your order has been accepted, we will not change the price that applies without your agreement.
• All prices displayed are inclusive of UK VAT at the prevailing standard rate. UK VAT is charged on all sales to customers located within the UK or within another member state of the European Community.
Try at Home
• If an order is placed from the Try at Home order there will be no £4.99 charge for the service. If no order is placed from the Try at Home order £4.99 will be charged.
• We will pre-authorise your card to the total cost of the frames. Your credit card will not be charged for this amount, unless you fail to return the glasses to us.
• All returns must be returned to us within a seven days. Any glasses received later than seven days may be returned to you and a refund not given.
• The returned frames are your responsibility until they are delivered to our returns department. For your protection, we recommend you use a postal service that insures you for the value of the goods you are returning. We cannot refund items lost in the post.
• We use D28 Bifocal lenses as standard for bifocal lenses. These are 28mm wide 'D-shaped' segments that are positioned 3mm below the centre of the lens and horizontally are centred on your PD (Pupillary Distance). If you would like different shaped segments or positioned different to 3mm below the centre we need to be notified before an order is placed or provided in the "Brief notes for our opticians" during checkout.
• We accept payment by Visa/Mastercard/Maestro/American Express and PayPal.
• All credit and charge card payments are subject to validation and authorization by the card issuer. If your card issuer refuses to authorize payment, we will not be liable for any non-delivery or delay.
• You may pay for goods by sterling cheques drawn on a UK clearing bank or by Bank Transfer, although goods will not be dispatched until the funds have cleared.
• Transactions are processed in GBP. All other currencies displayed online are given as a guide, and may be subject to variation.
• All payment must be made in full before goods are dispatched. Payment is processed at the time of order.
• We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from SpeckyFourEyes.com.
• When your order is shipped from our warehouse we will send you a confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions below.
• Non acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- You do not meet the eligibility to order criteria as set out in the rest of this document.
Delivery of goods
• All items will be delivered to the address specified by the customer on the order.
• Upon delivery of goods you should carefully inspect them. If any of the goods are damaged or lost, please contact us immediately to inform us of the problem and do not use the goods.
• We aim to complete and send all orders within 3-20 working days. All items will be delivered as quickly as possible and within 28 days. However we cannot guarantee that goods will be delivered by the estimated delivery date. You agree that we shall not be liable to you for any losses, damages or charges incurred by you because of the late delivery of goods.
• Some glasses can take longer due to complexities that can occur within high prescriptions or with certain coating combinations. Some orders may be delayed if a copy of a prescription is required by our opticians.
• You should notify us immediately if you have not received your goods within 21 days.
• When you have received the goods at the specified address, the risk of damage to the goods is passed to you.
• If for any reason (not due to our fault) you do not accept delivery of any of the goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).
• It is our aim to ensure that you are completely satisfied with the goods that you receive from us. Nonetheless, under the Consumer Contracts (Distance Selling) Regulations 2014 customers have a 14 day cooling off period. Therefore, for whatever reason, if you are not completely satisfied with the goods that you have purchased you have the right to a full refund, alteration or replacement.
• This government regulation excludes goods made to customers specifications or goods that are personalised, such as prescription orders. However, on top of our legal requirements we will refund the value of the frame, providing that it is in original condition. Unfortunately we cannot refund the value of the personalised lenses made to your prescription.
• To return products please complete the form on our returns page.
• The risk of damage to any goods returned to us will remain with you until they have been delivered and accepted by us at our premises.
Resale of Goods
• Goods are sold on the condition that they are not resold to the public.
Recording of Telephone Calls
• We may record any telephone calls that you make to our customer service department for training purposes and quality control.
• Goods purchased from our website are subject to English Law.
• None of the conditions set out in these terms and conditions shall affect your statutory rights as a consumer.
• Individual goods may be the subject of additional guarantees or warranties given by their manufacturers to you.
• We shall not accept any liability for any ordering errors made by you when submitting your order. Please ensure that all details are correct before submitting your order.
• We do not accept responsibility and will not be liable for any damage to the goods caused by you.
• We shall not be liable to any person for any damage or loss that may arise from the use of any goods advertised on our website.
• Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.
• Our maximum liability (and that of our employees, agents and subcontractors) to you in connection with any physical damage caused to your property through the negligence of us (or our employees, agents and subcontractors) will not in any circumstances exceed £10,000. In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.
• In no circumstances will we (or our employees, agents or subcontractors) be liable to you for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated saving.
Disclaimer of Warranty
• The content (as defined below) contained in this site is provided by SpeckyFourEyes® as a service to its customers. This site does not contain information about eye diseases, nor does this site contain medical information that may be relevant to your eye care needs. The information provided in this site is only general health information, and is intended only to facilitate communication between you and your Optician or Doctor. This site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care.
• Any medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your Registered Ophthalmic Optician. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site. SpeckyFourEyes® does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information or service on this site. The information, services, and products contained in this site are provided "as is" without warranty of any kind, express or implied.
Your Personal Data
• We will ensure that our employees, agents and sub-contractors shall, at all times, comply with the provisions of the Data Protection Act 1998 in relation to data received from you in relation to this contract and shall only process personal data received from you where necessary to fulfill our obligations under this contract.
• A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
• When you visit our website we send you a cookie. Cookies may be used in the following ways:
- To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
- To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
- Two types of cookies may be used on this website, -session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
• These Terms supersede all previous verbal or written statements and agreements relating to the goods and/or services. All information contained in our sales literature or correspondence is provided for guidance only and does not form part of this contract, unless we agree otherwise with you in writing.
• None of our representatives, agents or sales persons has authority to vary, amend or waive any of these Terms on our behalf and no amendment or addition to any of these Terms shall be deemed to have been accepted unless we agree otherwise with you in writing.
www.SpeckyFourEyes.com Ltd (UK Company No: 05500837) whose registered office is at 10 Mercury Quays, Ashley Lane, Shipley, West Yorkshire, BD17 7DB, trades under the name www.SpeckyFourEyes.com
Updated 27th June 2014