Terms & Conditions for ‘Order Online’ and Website Use
OVERVIEW
This website is operated by Brignall Opticians Ltd. Throughout the site, the terms “Brignall Opticians”, “we”, “us” and “our” refer to Brignall Opticians Ltd. Brignall Opticians Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. ONLINE PURCHASING TERMS & CONDITIONS
The terms and conditions in this section apply only to orders placed via our website.
a. Your status & responsibilities
By purchasing contact lenses or related accessories, you:
Can enter into a purchase contract with us
Are a registered patient at Brignall Opticians, by which we mean:
You have a valid Contact Lens specification from a qualified optician which we have noted on your optical records at our practice. If the specification was provided by an optician not our practice, we have further been able to contact the issuing optician to verify the specification
You agree to follow the advice given to you when the prescription was issued, including but not limited how to use the contact lenses and how long to wear them
Are willing to accept delivery of your items in the United Kingdom. We cannot ship internationally.
Every effort is made to ensure the order delivered matches your prescription. However, you should check the lenses are the type that matches your prescription before use.
b. Contract Formation
Placing an order using our website does not form a purchase contract between you and us. A contract will only be formed once we have accepted your order, including after verifying that you meet the above criteria. We may refuse to accept an order for any reason, including but limited to inability to take payment from you. We will inform you if we cannot accept your order. Each order constitutes a separate contract.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review Returns & Refunds below.
You may cancel or withdraw the contract by returning the products to us, in line with the section Returns & Refunds, below.
c. Delivery
Your products will be delivered to the address given when you place your order, not the address we hold on your optical records. You agree to check this before confirming your order. We cannot be liable for any loss or damage due to an incorrect delivery address supplied by you.
We use different couriers who may have different requirements on what you must do if your products could not be delivered to the supplied address.
We cannot guarantee delivery times for items your order. Some lenses which are bespoke (such as lenses to correct astigmatism) may take longer. We will endeavour to deliver your lenses in a timely manner. Your order may be split into multiple deliveries.
A minimum of a 5 day grace period will apply before replacements are sent for orders which do not arrive after being shipped by us or our suppliers.
All products remain our property until full payment is received.
3. RETURNS & REFUNDS
The terms and conditions in this section apply only to orders placed via our website.
a. Returns
You may return any unwanted products to us for a full refund by notifying us within 14 days after delivery. Any contact lens or solution box must be unopened, unmarked and in its original packaging. If your order was delivered in multiple shipments, the 14 day deadline applies from delivery of the last shipment. We cannot reimburse you for the cost of the return and the return is at your own risk.
If you are returning faulty or damaged products, please include a note to stating the nature of the fault and whether you would like a replacement or refund. Lenses which have been removed from their original packaging must be returned in a lens case with some suitable solution to allow us to analyse the lens for faults. We will reimburse you the standard UK Royal Mail 2nd class postage cost for the return of any faulty lenses.
Send your items to ONLINE RETURNS - Brignall Opticians, 33 New Road, Chippenham, SN15 1HP, with your order number and email address used when placing the order.
b. Refunds
Refunds will be made via the same payment method as the original order (e.g. to the same payment card). Goods must be received within 14 days of notifying us that you wish to return them, or other evidence of posting provided. The refund may be withheld until the goods are received or evidence of posting is provided.
4. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon in place of advice from an optician.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. The price for your order, including postage charges if applicable, will be shown to you before you make your purchase.
Although every effort is made to price products correctly, we may refuse to accept your order if the item you ordered was priced incorrectly. At our discretion, we may contact you to ask if you wish to proceed at the correct price before cancelling your order.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. PRODUCTS
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. PERSONAL INFORMATION
Your submission of personal information through the store is described in our Privacy Notice.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brignall Opticians Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the place of registration of Brignall Opticians Ltd.
17. DISPUTE RESOLUTION
You may bring any dispute or issue with your use of this website to us and we will always try to solve them amicably.
18. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
19. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@brignallopticians.co.uk.