Any Order and subsequent purchase of Goods (as defined below) from eyekit.co shall be governed by the following terms and conditions. Please read them carefully.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
The following words and phrases are given the meanings below:
2.1. Provided that You abide by the terms of these Terms & Conditions of Use, You may view and download our Website for your personal use only. In so doing, Eyekit.co reserve the right, to change, suspend or discontinue the Website or the provision of Products under the Website at any time, including the availability of any feature, database, or content. In addition, Eyekit.co may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
2.2. It is your responsibility to ensure that You have the necessary equipment or ancillary services needed to access this website. Eyekit.co accept no liability for or give no warranties in relation for the availability of the website or its application. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
3.1. To place Orders and to receive Products via the Website, You must:
3.2. It is your responsibility to ensure that the information and details provided by you either during registration or at any time thereafter are correct and complete. Eyekit.co accept no responsibility or liability if information provided is incorrect or fraudulently obtained.
3.3. So that our records are up to date and in order that we can maintain the highest level of service to you, we would ask that you advise us immediately of any change to the information that You provided by updating your personal details in the "my account" section of this Website.
4.1. You are aged 16 or over and are not registered blind or registered partially sighted.
4.2. You are in possession of a written prescription for your spectacles, that has been given to you by a registered medical practitioner or registered optometrist (your optician) following the testing of sight by him or her within the last twenty-four months if you are under 70 years old, or within the last twelve months if you are aged 70 or over, and that any recommended retest date has not elapsed.
4.3. You supply, full, accurate and complete details of your current prescription (including any notes on the prescription) or a copy of your original prescription when requested, and any contact details as given to you by your optician.
4.4. No liability is accepted by eyekit.co for any mistakes made by You in providing your prescription or PD(papillary distance) measurement.
4.5. No liability is accepted by eyekit.co for any visual problems that might arise if you request that eyekit.co use an average PD based on your size and gender.
4.6. If You send to eyekit.co your existing spectacles to be copied, that the spectacles sent are made to your written prescription referred to in Clause 4.3.
4.7. If You are experiencing problems with your existing spectacles, You undertake to provide accurate and complete details to eyekit.co
4.8. If You are unsure about your prescription details, You undertake to leave the prescription details clear and call eyekit.co and/or fax/email the prescription details for our qualified optometrist to examine.
4.9. Eyekit.co shall, on the advice of its optician, have absolute discretion as to whether or not to accept an Order.
4.10.If it is considered necessary prior to accepting an order, the Eyekit optician my contact You or your registered medical practitioner or registered optometrist who provided your prescription to verify and/or discuss your prescription.
5.1. When you first register on the Website you will create a password which you may use to enable you to place future orders on the Website without reregistering your details. You are responsible for the security and proper use of this password and must take all reasonable steps to ensure that the password is kept confidential and not disclosed to anyone else. In that respect eyekit.co accepts no responsibility for any misuse of passwords.
5.2. You are responsible for ensuring that no unauthorised access is obtained through your account to the Website or services found on the Website. You agree to notify eyekit.co immediately if your password is misused and take steps to change it.
5.3. You acknowledge that title to the password issued to you remains vested in eyekit.co. If eyekit.co has reason to believe that there is or is likely to be a breach of security or misuse of your password, eyekit.co may change your password and notify you accordingly.
5.4. Eyekit.co reserves the right to suspend or terminate forthwith your account and or the use of the password if it has reason to believe that any registration information you have provided is inaccurate.
6.1. The prices which You must pay for the Products that You Order are set out on the Website at the time You place Your order, except where we discover an error in the price of the Products You have ordered. In this event, we will inform You as soon as possible after receiving Your Order and give You the option of reconfirming Your Order at the correct price or cancelling it. If we are unable to contact You we will treat the Order as cancelled.
6.2. All prices shown on the Website are inclusive of VAT.
6.3. We may delay despatch until receipt of authorisation for payment to be taken from the payment card provided. You can pay by any Mastercard or Visa credit card, Switch or Delta debit card, Solo cards or Electron cards. Your credit/debit card details will be encrypted to protect Your personal card information.
6.4. You may pay for goods by sterling cheques drawn on a UK clearing bank, although goods will not be dispatched until the cheque has cleared.
6.5. All payment must be made in full before goods are dispatched.
6.6. You will receive written confirmation of your order by email to signify the order has been received, payment confirmed and be given an estimated delivery date.
6.7. We reserve the right to refuse sales at our discretion if we believe there is a fraudulent credit card use. You may be asked to provide further proof of your identity and/or proof of credit card/ email address. Failure to do so will result in termination of the transaction. You will be notified by email if eyekit.co cancels your order or if your credit card has not been approved.
7.1. Orders may be placed on-line via the website or by post or by calling eyekit on 01937 835 766 if you reside in the UK and on +44 1937 835 766 if you reside outside the UK.
7.2. Your submission of the Order, whether submitted via the Site, by telephone, fax or post represents an offer to purchase the Goods from eyekit.co. Eyekit.co may confirm receipt of this offer via email (if the Order is placed via the Site) or verbally (if the Order is placed via telephone). Any confirmation of receipt of the Order will not constitute an acceptance by Eyekit.co of your Order.
7.3. So that we can process your Order promptly and efficiently we do need to take various details from You. In that respect it is important that the information and details You provide are clear, correct and complete.
7.4. On submission of your order You are consenting to Eyekit securely transmitting the data entered by You to secure ecommerce serves we utilise in the United States.
7.5. Once You have placed an Order we will send you an email to confirming the status of your Purchase.
7.6. All Orders are treated as an offer to purchase Products from Eyekit.co. All such offers will be subject to our acceptance in accordance with these Terms & Conditions of Use. Our acceptance of Your Order and the completion of the contract between You and us will take place upon despatch to You of the Products ordered. Each separate supply of Products shall constitute a separate contract between us subject to these Terms & Conditions of Use.
7.7. All Orders are subject to verification, receiving payment and also stock availability.
7.8. In the event that the Products ordered are not in stock, You will be notified when You go to checkout and given a realistic delivery date. You will have the option either to (i) remove the item from your basket or (ii) continue with the purchase.
7.9. Eyekit.co tries to ensure that the Goods supplied match the descriptions provided on the Site. Whilst Eyekit tries to ensure that there are no changes to the Goods to be supplied, it is possible that there might 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.
7.10. Any offers for Products at discounted prices, detailed on the Website, may be made available from time to time for You to Order (subject to our acceptance) for a limited period of time as stated in that offer.
8.1. Eyekit.co shall, on the advice of its optician, have absolute discretion as to whether or not to accept an Order.
8.2. Eyekit.co may refuse an order if:
8.3. Eyekit.co reserve the right to cancel the contract if the stock item ordered is no longer available. If the order is cancelled, You will be notified by email.
9.1. Delivery will be made to the address specified by You when You place Your Order. This may vary from Your payment card address, but please note that we cannot deliver to P.O Box addresses.
9.2. All items will be delivered to the address specified by the customer on the order form.
9.3. Upon delivery of goods you should carefully inspect them. If any of the goods are damaged or lost, please contact eyekit.co immediately to inform us of the problem and do not use the goods.
9.4. Each of the items delivered will include written confirmation of the prescription of the goods (when a prescription is ordered). If the prescription stated does not match the prescription ordered, please contact eyekit.co to inform us of the problem and do not use the goods.
9.5. You must notify eyekit.co immediately if there are any defects in the Goods which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
9.6. If the Goods are defective on delivery, eyekit.co shall at its absolute discretion repair or replace such Goods or give a refund.
9.7. Ownership of the Products You Order on the Website and risk in the Products shall pass to You on delivery provided that we have processed Your card payment and received the full value for such Products.
9.8. We will do our best to deliver your Order within the times stipulated under ‘Delivery Information’ within the Website. 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.
9.9. You should notify us immediately if you have not received your goods within 28 days.
10.1.You may cancel your Order at any time prior to despatch by calling eyekit on 01937 835 766 if you reside in the UK and on +44 1937 835 766 if you reside outside the UK or by emailing us on firstname.lastname@example.org or by going into ‘Your Account’ and cancelling it yourself.
10.2.If you wish to cancel your Order after the Products have been despatched you shall promptly return the Goods, and any items and packaging accompanying the Goods and Eyekit shall, subject to such Goods and items being returned in substantially the same condition as when received by you, reimburse you within thirty (30) days of the day on which notice of cancellation is given or the returned Goods and items are received by Eyekit, whichever is the earlier. Such a refund will include the total price paid for the Goods but shall not include any costs of returning the Goods to Eyekit such as postage and packing. Monies will be refunded by the same method of payment as originally paid to Eyekit.
10.3.Risk in the Goods remains with you until the Products are received by eyekit.co.
10.4.No monies will be refunded if:
11. Inspection & Warranties
11.1.You must notify Eyekit immediately if there are any defects in the Goods which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
11.2.If you discover a manufacturing defect within the manufacturers warranty period, you must notify Eyekit immediately.
11.3.Eyekit.co warrants that the products supplied comply with the agreement between eyekit.co and yourself.
11.4.If it becomes evident within 14 days of delivery that the Product(s) You have ordered fail to meet the above criteria, You should return them immediately to eyekit.co .Please refer to the Returns Policy. You may request that eyekit.co replace the Products concerned instead of issuing a refund.
11.5.Our warranty will not apply if a defect has arisen due to any improper use by You of the product and any related products or if You or a third party, modify or attempt to modify them without eyekit.co 's written permission, or use them for purposes for which they are not intended.
12.1.If you are not happy with your Product for any reason You can return it to us in its original packaging, unmarked and complete with any tags and labels within 14 days of receiving Your Products. You will have the choice of replacing Your Product with an alternative model or a full refund. Please follow the returns procedure under ‘Returns Policy’ which can be accessed via the link from this website.
12.2.If the Products are within their manufacturers guarantee, you will be able to return the Product based on the criterion set out in the manufacturers guarantee. Accidental breakage and lens scratches will not be covered.
12.3.Products made to your specification or goods that are personalised such as the provision of prescription products will incur a restocking fee equivalent to the cost of the products personalised. In the example of prescription glasses, the cost of the lenses will not be refunded.
12.4.Your account will be credited once the Product(s) have been received by us and have been checked to ensure that the returns policy has been correctly adhered to. As soon as this has been completed we will despatch a replacement or refund the full amount paid as appropriate. Please note that we can only make refunds to the card that was used to place the original order.
12.5.If the Goods are defective you agree to return the defective Goods to Eyekit in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.
12.6.Eyekit.co shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse you the reasonable cost of returning the defective Goods.
12.7.Eyekit.co shall not repair or replace any Goods or give a refund if (i) it has not received the defective Goods back from you or (ii) if the defect is caused by misuse or mistreatment of the Goods.
13.2.Your email address is essential in order for us to be able to supply You with important information such as order confirmations and changes to the service. By registering with eyekit.co You accept that Your email address may be used to supply You with such information.
13.3.By ordering through the Website you expressly consent to Eyekit.co processing data relating to your credit card and order details to enable the fulfilment of your order and processing your personal information so that Eyekit.co can efficiently provide you with information about new features and services available on the Website.
13.4.In order to place an order on the Website you will need to have cookies enabled. We use several cookies for the order process which store information about your login, selected product, prescription and optician details.
13.5.You may be contacted from time to time in relation to the products and services offered by eyekit.co.
13.6.It is our policy not to share your personal details or information with third parties, unless we are acting under a statutory or legal obligation to do so.
13.7.You can amend your details yourself by signing in to Customer Login screen or you can notify eyekit.co if you wish to remove or have changes made to your personal information.
13.8.If you do not wish to receive information relating to new features or promotional offers you may opt out of this by simply not ticking the consent box when prompted to do so when entering your details or at a subsequent date by unsubscribing to a newsletter or promotional offer.
13.9.We take every precaution to protect Personal Information collected through eyekit.co. In the event that our system is infiltrated by unauthorised third parties we will not be liable for any resulting misuse of the Personal Information.
14.1.Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited.
14.2.In the absence of any negligence or breach of duty by us, Your use of any of the Products other than in accordance with their instructions is entirely at Your own risk.
14.3.Subject to Clause 14.1, Eyekit.co shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if eyekit.co has been advised of the possibility of such loss or damage.
14.4.You are entirely responsible for all liabilities, claims and expenses which may arise out of the information, details or content You submit, post or transmit via the Website, or from Your use/misuse of the Website or the use/misuse by any person for whom You are responsible or from Your violation of these Terms & Conditions of Use.
14.5.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.
14.6.We do not accept responsibility and will not be liable for any damage to the goods caused by you.
14.7.Eyekit.co warrants that it will provide the Products with reasonable skill and care, within a reasonable time, and substantially as described in these Terms & Conditions of Use. Notwithstanding this eyekit.co do not make any other promises or warranties (either express or implied) about the provision of the Products.
14.8.In that respect Eyekit.co expressly excludes any and all liability for:
14.9.In the event that either party are in breach of the arrangements under these Terms & Conditions of use, neither party will be responsible for any losses that the other suffers as a result, save those which are a foreseeable consequence of the breach.
15. Re-glazing of your Eyewear
15.1. Eyekit.co will not accept responsibility for the replacement of frames that are damaged during the re-glazing process.
15.2. Wherever possible, your old lenses will be returned to you. However, eyekit.co will not accept responsibility for old lenses that are lost or damaged during the re-glazing process.
15.3. Eyekit.co will not take responsibility for loss or damage to your frames in transit from you to eyekit.co.
15.4. Eyekit.co reserves the right to refuse to re-glaze any frames they deem unsuitable. If this occurs, your frames will be posted back to you and the amount you paid refunded less the postage cost of returning them back.
15.5. Eyekit.co cannot re-glaze any protective eyewear containing the British Safety Kite mark or equivalent unless originally supplied by eyekit.co or where you can provide a certificate of conformity that shows it is less than two years old.
16. Intellectual Property Rights
16.1.The content of the website is protected by copyright, trade mark, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from eyekit.co.
16.2.No licence is granted to You in these Terms & Conditions of Use by Eyekit.co.
17.1.If proceedings are brought by you against eyekit.co such proceedings shall be brought in an appropriate court in England and Wales. This Agreement shall be construed in accordance with English law.
17.2.A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
17.3.These Terms and Conditions and any relevant Order accepted by eyekit.co constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site) and, subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant Order accepted by eyekit.co. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of eyekit.co and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by eyekit.co with you in writing.
17.4.Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order on any occasion shall not be deemed a waiver of such rights.
17.5.If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.
17.6.All pictures have been taken by Eyekit or supplied to us and are for illustrative purposes only. Whilst we try to ensure the colour of products match, there might be some variation. If you are unhappy with your purchase you can return your product as per 12.1 of the Returns policy.
18. Force Majeure
In the event that either Eyekit.co or yourselves are prevented from fulfilling a contractual obligation to the other by virtue of circumstances beyond their control, including but not limited to postal strikes, electrical failure, transport interruption etc. they will not be obliged to carry out that obligation.