IF YOU HAVE DIFFICULTY READING THIS PAGE, PLEASE CONTACT US BEFORE YOU PLACE YOUR ORDER.
These Terms set out the rights and obligations that apply to the supply of goods to you. Please read these Terms very carefully before you place your order. You will be bound by these Terms if we accept your order.
a. You may have other rights granted by law including your statutory rights as a consumer, and these Terms do not affect those rights.
b. No binding contract will exist between us until we have accepted your order. Except as described in paragraph 4a below, you may not cancel any order which has been accepted by us.
c. All goods are sold subject to availability.
d. 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.
e. None of our representatives, agents or sales persons have 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.
f. Optilabs Limited whose premises are at 109 Stafford Road Croydon, trades under the name Optilabs.
g. Copyright Optilabs Ltd.
2. Description of Goods and Services
a. A description of the goods is set out 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 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.
b. When ordering, you must provide use with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must has been given to you by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him or her within the last 2 years.
c. We will rely upon the prescription provided by you and the goods provided will contain lenses matching the prescription that you submitted.
d. 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.
e. Unless you state otherwise, we use an average pupillary distance ‘PD’ to complete your order. 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 to compete your order. We recommend that you consult your Optician to obtain your PD before ordering.
f. You must be over the age of 18 to order from Optilabs, and you must not be registered blind, or partially sighted, or ordering on behalf of someone under 18 years of age.
g. We will not fulfil orders for lenses of over 8 dioptres. You must not attempt to place an order of this kind.
h. We will not fulfil orders for lenses where the sphere value added to the cylindrical value is greater than 8 dioptres. You must not attempt to place an order of this kind.
a. Unless agreed otherwise in writing:
delivery of the goods will take place at the delivery address stated on the order form;
b. Any dates specified by us for delivery of goods are intended to be an estimate and time for delivery is not guaranteed. We aim, however, to deliver most glasses within ten working days.
c. 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).
d. Prices exclude delivery.
4. Inspection of Goods
a. 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.
a. The price for the goods will be the price stated on our website.
b. The price for the goods includes any value added tax payable.
a. Unless we agree otherwise in writing, you must pay to us the price for the goods when placing your order.
b. Payments to us must be made in pounds sterling.
7. Returns & Refunds
a. If you are not entirely happy with your new glasses (other than choice of frame) we will refund your money in full, provided we are informed of the problem within the first seven days after delivery.
b. We will replace any faulty pair of glasses less than a year old on production of a receipt.
8. Your Rights to Cancel this Contract
a. 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).
9. Responsibility for and Ownership of Goods
a. You will be liable for any loss or damage to the goods from the time
of dispatch unless such loss or damage is caused by our negligence.
10. Resale of goods
a. Goods are sold on the condition that they are not resold to the public.
11. Recording of Telephone Calls
a. We may record any telephone calls that you make to our customer helpline.
12. Limitation of our Liability to you
Important – Your particular attention is drawn to this paragraph
a. 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.
b. In all 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.
c. 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 savings.
13. Our Responsibilities
a. We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances outside of our reasonable control. In particular we will not be responsible for delays caused by our suppliers.
14. Contract Personal to You (Your limited right to transfer the contract)
a. 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.
15. Our Right to Transfer the Contract
a. We may assign or subcontract the contract or any part of the contract to any person, firm or company.
16. Your Personal Data
a. We will ensure that our employees, agents and sub-contractors shall, at all times, comply with the provisions of the current Data Protection Act 1998 and General Data Protection Regulations of May 2018. This applies to the information received from you in relation to this contract and any future marketing activity. Optilabs shall only process personal data received from you where necessary to fulfil our obligations under this contract (name, contact information including email, prescription details, and non-identifiable information such as browser type, browser language, and IP address with each query).
From time to time we may send you promotional emails about new products, special offers and/or other information we think you may find interesting using the email address(es) you have provided. You will always be asked to actively ‘opt-in’ to any promotional emails and can unsubscribe at any time using the links on the email or by emailing [email protected]
We are committed to ensuring the information you have provided us with is secure. In order to prevent unauthorised access or disclosure, we employ suitable physical, electronic and management procedures to safeguard and secure your information.
We also employ reasonable administrative, technical and physical measures to maintain the security and confidentiality of all PayPal data and information, including data and information about PayPal users and PayPal. PayPal and Optilabs comply with the requirements of the Data Protection Laws applicable to controllers in respect of the provision of our respective services and otherwise in connection with this Agreement. PayPal and Optilabs each have their own, independently determined privacy policies, notices and procedures for the personal data we hold and are each a data controller (not joint data controllers). In complying with the Data Protection Laws, PayPal and Optilabs, without limitation, implement and maintain at all times all appropriate security measures in relation to the processing of personal data; maintain a record of all processing activities carried out under this Agreement; and not knowingly do anything or permit anything to be done which might lead to a breach by the other party of the Data Protection Laws. In addition to our rights, where we determine that there has been or that there is a reasonable likelihood of a security breach of the Optilabs website or systems that could result in the unauthorised disclosure of customer information, we may take any actions we deem necessary and/or required to provide information related to any such breach.
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a. Any communications between us regarding this contract that are required to be in writing must be sent by first class post or delivered by hand. 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) and at the time of delivery (if delivered by hand).
19. Your Personal Information Rights
Optilabs recognise your rights in our use of your personal information. When we request you to fill in a form on our website, please look for the box that indicate if you do not want the information to be used for direct marketing purposes. Furthermore, if you had previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at [email protected]
We promise not to pass on your personal information to any third party unless we have your permission or are required by law to do so.
You may request full details of your personal information which we hold under the Data Protection Act 1998. A small administration fee may be payable. If you would like a copy of the information we hold on you, write to Optilabs Ltd, 109 Stafford Road, Croydon CR0 4NN
If you have any reason to believe any personal information we hold is incorrect or incomplete, write to us at the above address or email at [email protected] We promise to promptly correct any false information.