TERMS AND CONDITIONS
These terms and conditions will apply when you access our Website (www.kenyonopticians.co.uk) (“the Website”) and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
If you find yourself unable to agree to these terms and conditions, then you must not use our product ordering service and we ask that you cancel your order by removing all the items from your basket, which you have selected, and clicking the refresh button at the bottom of the order. If however, you agree to them unconditionally, you will be given the opportunity to click on the “I accept” button, you will then be able to place an order with us to which these terms and conditions will apply.
By clicking “I accept” you confirm to us that you are at least 18 years of age and resident in the United Kingdom.
1 – General Information
For your convenience, we have listed below some general information about ourselves:
- “We, I, us, our” refers to Kenyon Opticians and our trading address is at Kenyon Opticians, 139 Main Street, Bingley, BD16 1AJ;
- We trade under the name “Kenyon Opticians”;
- Our helpdesk e-mail address is firstname.lastname@example.org;
- Our helpdesk contact number is 01274 568622;
- Our VAT number is 500 236 605;
2 – Formation of Contract
Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:
Step 1: Provided that you agree unconditionally to these terms and conditions you will be asked to click on the “I accept” button and enter your payment card details at the appropriate stage. The next page to appear on your screen will be our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers.
Step 2: Nothing on the Website shall be intended or shall be interpreted to mean that we are making a legal offer to you to supply goods, which may appear on the Website. Via the Website we are inviting you to make an offer to us to purchase such goods. It is entirely at our discretion to accept or reject your offer to purchase. On completing the order form you will be given the opportunity to submit an order to us by clicking on the “BUY NOW” button, which appears at the end of the product order form. On receipt of your order, we will send to you notification by electronic mail that your order is being processed.
By completing and submitting the electronic order form you are making an offer to purchase goods, which, if accepted by us, will result in a binding contract. However on occasions we may debit your payment card before a binding contract has been concluded. Such action will under no circumstances constitute acceptance of your offer on our part and, in the event that, we ultimately reject your order, a refund will be made to your payment card.
Once we are in a position to fulfill your order we shall send an email notification to you to confirm dispatch and delivery details.
If you do not wish to submit an order to us, you should remove the item(s) you have placed in your basket and click the refresh button then return to our home page.
Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it will be legible and uncorrupted. These terms and conditions shall override any contrary terms or conditions published by us or appearing on this Website in relation to any order placed by you with
3 – Conditions of Use of this Website and the on-line ordering service
There are some situations where we cannot accept an By clicking on “I accept” you will confirm that you agree fully to these terms and conditions and that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
You agree not to post or transfer to our Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.
The Data Protection Act 1998 (“the Act”) is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our Website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilize it for the purposes of any transaction concluded for or by you through this Website. If you are in any doubt about any data please feel free to e-mail us with details of the problem first.
In consideration of agreeing to your use of this Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this Website belongs to us. Accordingly, any part of this Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
You may only use the trademarks featured in our Website for the purpose of displaying this Website on your computer screen or printing out this Website on your printer in accordance with Condition 2(3) above.
You may not link this Website to any other Website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other Website which may be referred to or accessed by hypertext link with this Website, and we do not endorse or approve the content of such third party
We will collate the information, which you give to us in the order form to provide you with our on line ordering service. By giving us this information, you consent to our use of it in order to process your order.
Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of this Website, your use of it or our on-line ordering service.
Use of this Website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English language.
1 – Description and Pricing
Prices quoted on the Website are stated in UK Sterling, are inclusive of VAT at the current standard rate and exclusive of our delivery charges.
The selling price, recommended retail price, availability and specification of the goods as stated on the Website are subject to change without notice. However, the price shown at the time you place your order will be the price you pay for the goods you have ordered.
2. All photography and descriptions appearing on the Website are for illustration purposes only and, as such, are not binding. Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order and receive a full refund or re-confirm it based on the correct information. If we are unable to contact you we will treat your order as cancelled.
3. Where you have redeemed a promotional code or any other offer against your order, acceptance of this order is subject to our verifying that the code has been issued to you personally, that you comply with all the terms of the offer and qualify for the code. In the event that the code has not been issued to you for your personal use or you do not comply with or qualify for the offer, we shall have the right to reclaim the value of any discount from you and the price of the order will be adjusted notwithstanding the provisions of clause A.3 above.
2 – Delivery and Risk
1. Our acceptance of your offer to purchase goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. Delivery will take place within 30 days, commencing on the day after you have placed your order. We will inform you if we are unable to deliver the goods, which you have offered to purchase and a full refund will be given. For all orders that are in stock, we will endeavor to process and dispatch your order within 1 working day. Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
2. We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify a workplace address at checkout. The delivery address must be in the UK (i.e. has a Royal Mail postcode). The delivery charges to you are as follows and are inclusive of VAT at current UK rates: Standard 2-5 day delivery single item £3.50; Standard 2-5 day delivery multiple items £5.00; First class 1-2 day delivery single item £5.50; First class 1-2 day delivery multiple items £8.50; Combined basket delivery £7.00 subject to overall weight or other delivery restrictions, to any postal address in the UK (excluding Northern Ireland). An additional supplementary charge of £2.50 per parcel will apply to postal addresses in Northern Ireland, some offshore islands and some remote areas of the UK. Some areas may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of all relevant delivery charges when you place your order.
3. Your order will usually be delivered to you during office hours (8-6pm), Monday to Friday. We are unfortunately unable to specify the time at which the goods will be delivered to you. If goods are to be delivered outside these hours we shall contact you accordingly.
A signature will be required on delivery of the goods to you if you select this delivery method or if any of our suppliers send goods directly to you via this method. Receipt of a signature at the delivery address will be proof that the order has been delivered to you.
All risk of loss or damage will pass to you upon delivery.
3 – Title
Title to the goods ordered remains with us until such time as payment in cleared funds has been received from you.
4 – Payment
1. Payments are accepted on the credit and debit cards listed on the Website as well as Paypal or alternative payment methods.
2. We may debit your payment card before a binding contract has been concluded. Such action will under no circumstances constitute acceptance of your offer on our part and, in the event that, we ultimately reject your order, a refund will be made to your payment card.
3. All payments will be encrypted to ensure that any transaction effected through the Website is as secure as possible.
5 – Right to Withdraw
1. In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason, at any time during a period of seven working days (Monday to Friday inclusive) which in the case of goods shall begin from the day after the day of receipt of the goods by you. If you use or damage the goods you shall not be entitled to exercise your right of cancellation. Your right of cancellation will not apply if you have ordered goods that are engraved or personalized in any way.
2. If you wish to exercise your right to withdraw from your transaction with us you must notify us accordingly either by email or by fax within the timeframe specified in clause 5 (1) above. Thereafter you shall be required to return the goods to us at your own expense in the same condition as they were received by you and in any event within 7 days of the date you notify us of your intention to withdraw.
3. We agree to reimburse you within 30 days of notification of withdrawal, the purchase price and original delivery costs you paid for the goods. We will not reimburse the cost of any additional services requested by you such as express delivery or gift-wrapping.
6 – Returns Policy
1. Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure but in any event in accordance with the procedure set out in clauses 3 to 6.7 inclusive below. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the goods had been delivered in accordance with the contract between us.
2. Where a valid claim in respect of any of the goods, which is based on a defect in the quality or condition of the goods or their failure to meet specification, is notified to us in accordance with these terms and the goods are in our possession and the defect has been verified by us, we may in our sole discretion choose either to replace the goods free of charge or to refund to you the price paid for the goods and any costs incurred by you in returning the goods to us, in which case we shall have no further liability to
3. If you wish to notify any defect in the goods please contact us via the Website or in writing within 7 working days of the date the goods were received by you providing relevant invoice numbers and a contact telephone number. We shall then contact you by e-mail to provide you with a returns number for you to quote when you return the goods to us.
4. All goods must be returned to us in secure packaging by special delivery to our address detailed above and they must be received by us unused, unworn and in the same condition as they were received by you. Pierced products must be returned with the hygiene seal intact. The relevant invoice and a copy of the e-mail stating our returns number provided to you must accompany goods returned.
5. You are responsible for ensuring that we receive any goods returned to us in a proper condition as detailed in clause 6.4. We cannot be held responsible for any damage caused in transit after you have posted the goods to us.
6. You will be responsible for all postage costs incurred in returning goods to us in accordance with this clause.
7. Once we have received goods from you in the condition detailed in clause 6.4 we shall verify your complaint and in the event that such complaint is found to be valid we shall reimburse to you the original price and delivery costs paid for the goods together with any postage costs incurred by you in returning the goods to However where your complaint is not found to be valid we shall not be obliged to refund any sums to you.
This guarantee is in addition to and does not affect your statutory rights.
7 – Warranties and Liability
1. Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
2. We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
3. To the fullest extent permitted by applicable law, we disclaim all liability for our employees’, agents’ or sub-contractors’ negligence. However, nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence or by the negligence of our employees, agents or sub-contractors.
4. All conditions, terms, representations and warranties relating to the goods sold on the Website, which are not expressly stated in this Agreement, are hereby excluded to the fullest extent permitted by law.
5. Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
6. We have used reasonable care and skill in compiling the content of the Website but make no warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website. You should ensure that the goods, which you are purchasing from us, are suitable for your intended purpose.
Although every effort is made to ensure complete accuracy, some prices or details shown on the Website may change from time to time, and it is possible that errors may occur. We will use reasonable endeavor to rectify any errors as swiftly as possible.
8 – Termination
We reserve the right to terminate any contract with you should you be in breach of your obligations under Part 1 Section 3 and I or Part 1 Conditions 2 and I or 3 as stated above
1 – Complaints
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in section 1 of Part A above. We will try to do our best to solve any problems that arise.
2 – Force Majeure
We do not take responsibility for any event, which is outside our reasonable control, nor for any consequential loss arising from such an event
3 – Entire Agreement
These terms and conditions constitute the entire agreement between you and us relating to the provision of goods appearing on the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in these terms and conditions.
4 – Interpretation
In this Agreement:
Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
Words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa;
Any reference to a party to this Agreement includes a reference to his successors in title and permitted assigns;
The headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
5 – Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
6 – Sever-ability
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
7 – Assignment
We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
You may not assign or transfer any of your rights or sub-contract any of your obligations under these terms and conditions except with our specific permission in writing.
8 – Amendment to Terms
We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on the Website.
9 – Third Party Links
There may be links on our Website to third party Websites, from time to time, which we believe may be of interest to you. We do not have any control over the content of these Websites nor can we be liable in respect of anything contained on these Websites.
10 – Intellectual Property
All intellectual property rights relating to the Website belong to us absolutely. You are permitted only to use material on the Website as expressly authorised by
Any unauthorised use of material on the Website is strictly prohibited.
11 – Third Party Rights
A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.