Terms & Conditions

1. Introduction.

Naturally we want you to be happy with your purchases and hope that your dealings with us run as smooth as possible. Please read the following terms and conditions carefully as they clarify the principles and procedures by which we operate. They also contain important information about your rights and obligations. By accessing this website you agree to be bound by them.
Without prejudice to 1.1, by clicking on the button marked 'I accept' and/or by using our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of, or access to our website.
These terms and conditions do not affect your statutory rights under the Sale of Goods Act.
If you do not want to be bound by these terms and conditions then you may not use our website.

2. Definitions.

'conditions' means these terms and conditions.
'personal information' covers any personal details you have provided via the website.
'users' means either the individual or collective users of the website.
'we/us/our' means www.theoptician.co.uk a trading division of Burgess & Lewis Optical Services Ltd. 7 Alexandra Terrace, Kingsthorpe, Northampton, NN2 7SJ, Telephone 01604 792930, Company No. 2574773, VAT No 581118941. Professional Services are provided by Paul Lewis F.B.D.O., GOC registered number D-3643. who is subject to certain professional rules which can be found at www.optical.org or www.abdo.org.uk
'website' represents the website located at www.theoptician.co.uk and any subsequent websites that may replace it.
'you/your' means you, as the user of the website

3. Customer obligations.

By submitting orders to us you confirm the following are true:

you are an adult aged 18 years or over and you are a UK resident
with regard to prescription eyewear, you must supply us with a valid prescription that is not more than 2 years old.(1 year old if you are over 70)
you will supply, either by fax, scanned document via email or via post a copy of your prescription, including any notes or comments, before we make up any prescription orders.
you must agree to use this website in accordance with all the relevant laws.
You will not upload to this website any material that can be deemed offensive, obscene, defamatory, libellous or menacing in character.
You will not use the website in a manner that either violates or infringes upon the rights of any person, firm or Company. (Including, but not limited to, rights of confidentiality or rights of privacy)
You will not attempt to order prescription eyewear on behalf of minors. In this case orders will be cancelled and you may be charged if we have already commenced work on your order
It is your responsibility to ensure your computer system is compatible to use our website and you understand that we are unable to guarantee that any materials available for download from our website will be free from viruses, infection or any other destructive coding. It is your responsibility to ensure that your computer has sufficient safeguards in place.
Please note that our website is only available to individuals who can form a legally binding contract under English Law.

4. Orders for goods.

Orders to 'www.theoptician' will be submitted via the website at www.theoptician.co.uk
Submission of an order represents an offer to purchase goods from www.theoptician.co.uk
Orders for prescription eyewear are only accepted once your payment has been processed and prescription details have been verified by our resident Dispensing Optician. For non prescription products and our 'HomeView' trial service, your order is accepted once payment has been authorised.
When ordering prescription products, unless you notify us otherwise, Pd measurements will be taken to be 65mm for males, 62mm for females. At our discretion, dependant upon your prescription, we may ask for accurate Pds' or refuse to fulfil your order

5. Limitations of supply

We will always make reasonable efforts to ensure fulfilment of orders. However we cannot always guarantee availability. In the case that we are out of stock of the product you ordered, we will attempt to contact you to either offer an alternative product or a refund. If we are unable to contact you, your order will be cancelled and you will be given a full refund. In the case of 'HomeView' at home trial service, where we may send partial goods if some products are unavailable.
We will have absolute discretion as to whether or not to accept your order.
If it is considered necessary we may contact you to discuss either your order, provide advice, verify your prescription details or obtain your optician's details.

6. Prices and Payments

Prices stated are exclusive of VAT at the current rate and delivery charges. Full details will be given at the checkout.
We will endeavour to ensure the accuracy of our prices and related information on our website.
All prices stated are in £ sterling.
Payment is by means of a credit or debit card.
You undertake that for the purpose of buying goods from our website, all the details you have provided are correct, that the payment card is your own and there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain verification of your card details before providing you with any products or services.
All applicable charges for your order must be paid in full before your order is dispatched.
Our acceptance of your order by delivery of the products constitutes a legally binding contract.

7. Delivery and Carriage

We will make every endeavour to dispatch your order as quickly as possible after having placed it.
Royal Mail Special Delivery is available as an optional extra, should you wish the security of having your delivery insured against loss or damage then please select this option when placing your order.
Delivery times and dates posted on our website are estimates only. We will make every endeavour to ensure products are delivered at the times and dates stated but we cannot accept any liabilities for any failure to deliver within the stated timeframe.
You will be notified by Email when your goods have been dispatched.
Delivery of goods will be made to the address you provided when you placed the order.
If your goods fail to be delivered safely, within a reasonable number of days of notification of dispatch, then you should contact us immediately.
We are not responsible for damage occurring after the goods have been handed over to the postal service.
Should you receive damaged goods please retain all documentation so that an insurance claim can be filed against the postal service insurers. If the parcel you receive is damaged, please note the fact when you sign for your goods, before even opening the package to view the contents. If you are unable to open the damaged packaging in the presence of the postman, please ensure you sign for it as "damaged package, goods not yet inspected", ensuring the postal service is aware of a possible claim.
In the case of non delivery, if either us or our courier is at fault then you will be offered the choice of a refund or replacement order.

8. Returns Policy

Prescription Eyewear.

When you receive your order, you are advised to inspect it carefully ensuring it is of merchantable quality and fit for the intended purpose.
You must notify us of any problems within 14 days of receipt. Please contact us to obtain an authorisation number before returning any goods either by email at or by post or telephone.
In cases where the goods are faulty, or incorrect due to a failing on our part, we will at our discretion repair, replace or refund the cost of the goods.
In cases where returned goods are found not to be faulty or incorrect then the goods will be returned to you with recourse.
We reserve the right to refuse return of goods after 28 days of your receipt.
Any damage or loss to the product, packaging or documentation may affect the amount of refund made.
In cases of prescription eyewear, refunds will only be available on the empty frame price only. It is recommended that if you wish to purchase a prescription product that you ask for our 'HomeView' service, so you can examine the product before committing yourself.

Non prescription products

On receipt of order you should inspect it carefully ensuring it is of merchantable quality and it is fit for the purpose intended.
You may return products for any reason within 7 days of receipt provided the product remains in their original saleable condition complete with all the packaging. We will then refund the full invoice value of the goods less the original delivery charges within 30 days from the date of purchase.
In the event of faulty goods, or in the case of a claim for damaged goods, the full invoice cost will be refunded.
Refunds can only be made using the same method as the original payment and to the same credit card account.
All return postage is the purchaser's responsibility. www.theoptician.co.uk accept no responsibility for lost or damaged goods. It is recommended that you send returns via registered post.
For exchanges simply return your goods to us within 7 days of receipt and we will dispatch your replacement goods. Postal charges at our standard rate will apply.
We reserve the right not to refund or exchange goods if they are returned unfit for resale.
These terms and conditions do not affect your statutory rights.
We may at any time transfer, assign, replace or subcontract our rights and obligations under these terms and conditions.

9. HomeView' service

We offer a 7 day 'HomeView' trial service to allow you to be sure the product is right for your needs, especially when ordering prescription eyewear.
Goods will be charged at the standard rate plus postage and will be offset against further charges.
Standard returns policy will apply as for non prescription goods.

6. Your right to cancel

Under the United Kingdom's distance selling regulations, you have the right to cancel your order at any time prior to despatch.
In the case of prescription lenses, should work have already started, you will be liable for the cost of work up to that point along with any expenses that may have occurred.
If we have already shipped your order, you will need to package the items and return them to us at the address specified on the invoice

10. Modifications to website.

We reserve the right to change, correct, alter, suspend or discontinue any aspect of our website, the content or services available through it, including your access to it. Unless explicitly stated to the contrary any new features, content, products or services shall be subject to these terms and conditions.
Although we try to ensure the content of our website is accurate, it may contain typographical errors or other inaccuracies.
Our website content is controlled and operated by ourselves or our agents as instructed by us

11. Information you provide to us

The following information applies to the way we handle any information you provide us with, for example when placing an order with us, or when signing up for our newsletter.
In providing information, you authorise us to use, store or process personal information which identifies and relates to you, including but not limited to your name and address details, so as to enable us to provide the necessary services through our website, either by us, our partners, successors, associates, subcontractors, agents or other third party providers.
When using our site to buy or choose products or services we may collect information about your buying behaviour. If you send us correspondence such as email or post, then we may retain this information within a specific file for you. All such information collected by us shall remain private and confidential to us and will not be shown, distributed or sold to any other third parties as defined within the data protection act.
Please ensure that the information you provide is both accurate and complete and that all information (where applicable) contains your correct name, address and other requested details. For more information on how we deal with your personal details, please read our privacy policy.
By accepting these terms and conditions you agree to the processing of your information. If you need to change or review any of your personal details held by us, then you should either email or write to us at the address given on our homepage.
VI. Additionally, the following will also apply to all messages, emails, postings, suggestions, ideas and concepts or other materials submitted to us ('content') by you.
- You must have ownership or the authority to submit any content for publication on our website which must also be legal, honest, decent and truthful and be compliant with all applicable laws, standards, regulations and relevant codes of practice.
- All content submitted to us must not infringe any copyright, design, privacy, publicity, trade mark, data protection or other rights of any 3rd party. Content submitted should be neither abusive, obscene, threatening, defamatory or libellous of any person or be otherwise unlawful.
- Any content you submit must not advertise or otherwise solicit for funds, goods or services. Additionally we have the right to monitor submitted content, which we may reject, edit or remove if we believe it fails to comply with any of the above. We also reserve the right to block in coming e mails or other content if we believe its content is either non compliant or inappropriate.
- Any content that you submit to us automatically grants us non-exclusive, irrevocable, royalty free, worldwide licence to publish it, excluding any information of a personal nature. You are solely responsible for the submitted content, keeping us fully and effectively indemnified against all actions, claims, losses, damages and liabilities, proceedings, costs and expenses, loss of business and/or profits, business interruption and any other pecuniary or consequential loss, including legal expenses accrued by us that arises directly or indirectly out of publication of any content that you have submitted to us.
- Use of our website for any illegal purpose or any purpose that contravenes our terms and conditions, including without limitation the posting or transmitting if any libellous, defamatory, inflammatory or obscene material is prohibited. Breaching any of these terms or conditions will result in immediate termination of your right to use this website without notice. We reserve the right to deny access to persons failing to comply with these terms and conditions.
- It is your responsibility in all respects of use for protecting the confidentiality of any username, password or email verification you have been given or you have chosen to use on our website. They may be neither shared or transferred to any 3rd party and you are responsible for notifying us immediately of any unauthorised use or breach of security that you become aware of.
- You assume total responsibility and risk for use of our website and the information contained within.

12. Our liabilities to you

For any product you purchase from our website we promise that:
We can rightfully sell the product
The product corresponds to it's description
The product is of merchantable quality and will be fit for it's described purpose or for any purpose you have notified us before purchase and that we have not otherwise informed you that it is not fit for that purpose in writing and that the advise we have provided will be given to the best of our ability and with reasonable skill and care.
We exclude all other express or implied terms and conditions, warranties, endorsements or representations whatsoever in regard to any products, including without limitation the products, our website, information or service provided through our website
We shall endeavour to ensure that materials and information contained within our website remain accurate but is provided on an 'as is' basis and you assume full responsibility and risk for use of our website and the information contained within
We accept no liability for any indirect or consequential loss of the following data, profit, revenue or business(whether direct or indirect) in each case however caused, even if foreseeable. In circumstances where you suffer loss or damage due to the viewing, use or performance of our website or of it's materials contained within, other than as a direct result of purchasing products(which are subject to the exclusion and limitations of liability expressed in these terms and conditions) No liability for this loss or damage, except in case of our negligence, whether due to inaccuracy, errors or omission or any other cause on part of us, our agents, persons or entity shall be accepted.
If we become liable to you for any reason, our liability will be limited to the amount paid by you for the product or service concerned, excepting any liability we may have for death or personal injury due to our negligence or our fraudulent misrepresentation.
Limitations and exclusions within this clause do not affect your non excludable statutary rights and applies only to the extent permitted by the applicable laws.

13. Our obligations

We reserve the right to change these terms and conditions at anytime, with the newest version being posted on our website and will be the version by which our website is governed.
These terms and conditions along with our privacy policy, order form, payment instruction if any, form the agreement between us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or our agents and you unconditionally and irrevocably waive any rights to claim damages and/or to rescind these terms and conditions by any reason of any misrepresentation that is not contained within these terms and conditions, privacy policy, order form or payment method.
Should any provision or term of these terms and conditions become or be declared illegal, invalid or unenforceable then such term shall be removed from these terms and conditions.
Except in the respect of payment obligations, neither of us will be responsible for failure of any obligation to each other due to caused beyond our respective, reasonable control.
Should a failure or delay by either party in enforcing their obligations or exercising their right under these terms, will not result in a waiver of that obligation or right.
These terms and conditions do not confer rights to any persons other than you and/or us pursuant to the contracts(Rights of third parties)Act 1999

14. Notices

All notices shall be given to us either via email at or by post at the previously stated address
Notices will be served on you at the email or postal address you provided to us during any ordering process and will be deemed to be received on the next working day or within 5 days of the date of posting

15. The Law

All terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the buyer agrees to submit to the jurisdiction of the courts of law in England. To our best endeavours we have ensured that our website complies with UK laws. However we cannot undertake that the materials contained within our website are appropriate or available for use in locations outside the UK and therefore we limit all transactions to residents of the UK only.

16. Copyright

The website is Copyright 2010, www.theoptician.co.uk All rights reserved. All inages, text, logos, codes and styles are copyright and may only be reproduced by written consent from us. Related brands and texts have been reproduced with the permission of the copyright owners

17. Replacement terms and conditions

These terms and conditions replace all previous terms and conditions applicable to the use of this website and/or sale of products