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Terms & conditions

INTERPRETATION

In these Terms and Conditions the following words and phrases shall have the following meanings:

“The Buyer” means the person, firm or company who purchases the Goods from the Company:

“The Company” means SpeckyFourEyes®

“Contract” means the contract between SpeckyFourEyes® and the Buyer which shall be deemed to incorporate these Terms;

“Goods” means any goods agreed in the Contract to be supplied by SpeckyFourEyes® to the Buyer;

“Place of Delivery” means the place to which the Goods are to be delivered.

In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

GENERAL

 

You may have other rights granted by law including your statutory rights as a consumer, and these Terms do not affect those rights.

No binding contract will exist between us until we have accepted your order. Except as described below, you may not cancel any order which has been accepted by us.

All goods are sold subject to availability.

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 35 WESTGATE HUDDERSFIELD WEST YORKSHIRE HD1 1PA, trades under the name www.speckyfoureyes.com.

Copyright © 2005-2007 www.SpeckyFourEyes.com Ltd.
 

DESCRIPTION OF GOODS AND SERVICES

 

A description of the goods is set out in our catalogue and on our website and any other documents referred to in our catalogue and on our website. 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 which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the goods. If an order is placed and during the customisation process the original frame colour is no longer available from our suppliers, we shall glaze the lenses into a frame colour that is similar to the original.

When ordering, you must provide us with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must have been given to you by a Registered Medical Practitioner or Registered Ophthalmic Optician following an eye examination by them within the last 2 years.

We will rely upon the prescription provided by you and the goods provided will contain lenses matching the prescription that you submitted.

If you are unsure of the relevant prescription to be applied to the goods, please consult a Registered Medical Practitioner or Registered Ophthalmic Optician before placing an order.

Unless you state otherwise, we use an appropriate average Pupillary Distance 'PD' to complete your order. This PD measurement has been provided by fully qualified Dispensing Opticians. By agreeing to these terms and conditions, and unless you state otherwise, you will be agreeing to let us use an average PD of 63mm for bifocal and single vision distance lenses, or a PD of 60mm for single vision reading lenses. SpeckyFourEyes® recommend that you consult your Optician to obtain your PD before ordering, and provide that measurement to us when ordering.

You must be over the age of 16 to order from SpeckyFourEyes®, and you must not be registered blind, or partially sighted, or ordering on behalf of someone under 16 years of age.

We do not supply spectacles with single vision lenses of a spherical power greater than +8.00 and –8.00 (dioptres) and a cylindrical power greater than +4.00 and –4.00 (dioptres) - please do not request us to do this.

 

DELIVERY

 

Unless otherwise agreed in writing - delivery of the goods will take place at the delivery address provided on the order form or the delivery address provided on the online order form. Plus the delivery of the goods must be to a valid UK address and any dates specified by SpeckyFourEyes® for delivery of the Goods are intended to be an estimate only. Every attempt will be made to deliver the goods within a reasonable time; however delivery may take up to 28 days depending on circumstances. SpeckyFourEyes® cannot be held responsible for delays in the delivery caused by the manufacturer or any other third party. If delivery is not within the agreed time SpeckyFourEyes® will arrange another time for delivery.

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).

Subject to the other provisions of these Terms, SpeckyFourEyes® shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 120 days.

 

INSPECTION OF GOODS

 

Risk in the Goods shall pass to the Buyer on delivery. Upon delivery of the goods you should carefully inspect them. If any of the goods are damaged or lost, please contact us to inform us of the problem and do not use the goods. Each of the goods will contain written confirmation of the prescription of the goods. If the prescription stated does not match the prescription ordered, please contact us to inform us of the problem and do not use the goods.

If SpeckyFourEyes® recommends that you purchase optional products during your order process and you do not accept these recommendations, SpeckyFourEyes® will not take responsibility for goods not thought of as being aesthetically pleasing or breakages due to non recommended lenses.

 

TRY BEFORE YOU BUY AND VARIFOCAL ORDERS

 

Try before you buy: Please note SpeckyFourEyes® will deduct 10% (re-stocking fee) from the original amount paid plus £3.50 for postage and packaging should you wish to return the glasses and not proceed with a purchase. All returns must be sent - within a 10 day period - using Recorded Delivery or Special Delivery (both are Royal Mail services) as we cannot be held responsible for returned goods that are lost in transit. All glasses must be returned in a saleable condition. Any glasses returned damaged will attract the full list price. If you select 5 or more frames to try before you buy we will deduct 10% (re-stocking fee) from the most expensive pair - from the original amount paid - and then 5% (re-stocking fee) for all other frames.

Should you wish to go ahead with the purchase, simply return the glasses together with your prescription and a note specifying your lens requirements within a 10 day period - using Recorded Delivery or Special Delivery (both are Royal Mail services) as we cannot be held responsible for returned goods that are lost in transit.

 

PRICE

 

The price for the goods will be the price stated in our catalogue or on our website. The price for the goods includes any value added tax payable.

All our goods are despatched using Royal Mail or another reputable delivery service and proof of postage is obtained for each and every order. If goods are not received within 28 days of the order being accepted, please contact us immediately.

 

PAYMENT

 

Unless we agree otherwise in writing, you must pay to us the price for the goods when placing your order.

Payments to us must be made in pounds sterling.

 

CONTRACT CANCELLATION RIGHTS

 

If this contract has been made between us by telephone or correspondence (including e-mail) 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 at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).

 

RESPONSIBILITY FOR AND OWNERSHIP OF GOODS

  You will be liable for any loss or damage to the goods from the time of delivery unless such loss or damage is caused by our negligence.  

RESALE OF GOODS

  Goods are sold on the condition that they are not resold to the public.  

RECORDING OF TELEPHONE CALLS

 

SpeckyFourEyes® may record any telephone calls that you make to our customer service department mainly for training purposes.

 

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.

 

LIMITATION OF OUR LIABILITY TO YOU

 

These Terms set out the rights and obligations that apply where we supply goods to you. Please read them carefully before you place your order as you will be bound by these Terms if we accept your order. If you have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before you place your order.

IF YOU HAVE DIFFICULTY READING THIS PAGE, YOU MUST CONTACT US BEFORE YOU PLACE YOUR ORDER

Important - Your particular attention is drawn to this paragraph

    • 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
       
 

OUR RESPONSIBILITIES

 
We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances beyond our reasonable control. In particular we will not be responsible for delays caused by our suppliers.
 

CONTRACT PERSONAL TO YOU

 
This contract is personal to you. Nobody other than you will be able to benefit from this contract. You may not transfer your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.
 

OUR RIGHT TO TRANSFER THE CONTRACT

  SpeckyFourEyes® may assign or subcontract the contract or any part of the contract to any person, firm or company.  

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 fulfil our obligations under this contract.
 

USE OF COOKIES

 

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).

 

30 DAY GUARANTEE / RETURNS

 

The 30 day guarantee period begins from date of order of goods. The guarantee covers goods that have a manufacturing fault only. If this is the case, please return your glasses to SpeckyFourEyes® and we will replace them free of charge. Items must be sent to us using Royal Mail registered post - where a tracking number is provided. The guarantee does not cover glasses that are ill fitting or non-aesthetically pleasing to the wearer. If you wish to return your glasses for a refund for this reason you need to return the glasses, with the case and cloth in good order,  at which point we will consider refunding an amount for the frame only.  All returns must me sent using Royal Mail Recorded Delivery or Royal Mail Special Delivery as we cannot be held responsible for returned goods that are lost in transit. We cannot refund the cost to manufacture the lenses as these are custom made to your prescription even though this cost is not passed on the customer it still remains a cost that we carry.

The cost of carriage and insurance is non-refundable.

 

COMMUNICATIONS

 

Any communication between us regarding this contract that is required to be in writing must be sent by first class post or facsimile. Any written communication will be treated as having been served on the person receiving it 3 working days after posting (if sent by first class post), at the time of transmission (if sent by facsimile and a satisfactory transmission report is obtained).

COPYRIGHT NOTICE. Copyright © 2005-2007 www.SpeckyFourEyes.com Ltd., All rights reserved. The name ‘SpeckyFourEyes®’, 'eyePod™', logo and ‘just click and you’ll see™’ plus products and promotions belong exclusively to www.SpeckyFourEyes.com Ltd , and are protected from copying and simulation under trademark and copyright laws.

 
 
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