Terms and Conditions
Terms and Conditions
The sale and supply of all Products (“the Products”) via the A.B Optics Website (“the Website”) (or over the telephone or in store as applicable throughout these Terms and Conditions) is governed by the following terms and conditions (the “Terms and Conditions”): You should print a copy of these Terms and Conditions for your future reference.
The Website is operated by A.B Optics Limited (referred to in this Agreement as “A.B Optics”, “we”, “us” or “our”). A.B Optics Limited is registered in England and Wales under company number 5573331 and has its registered office at 25 Michael Drive, Edgbaston, Birmingham, England, B15 2EL. VAT registration number 937811893.
If you accept these Terms and Conditions, please click on the button marked “I accept” at the end of this page before ordering any Products. If you do not wish to accept the Terms and Conditions, you will not be able to order any Products.
CHANGES TO THESE TERMS AND CONDITIONS
We may from time to time make changes to these Terms and Conditions. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. We reserve the right to make changes to this policy and you should check back from time to time to ensure you are aware of any changes. Your continued use of this website will demonstrate your acceptance of these changes.If you place orders for Products after changes are posted and you are notified in this way this will demonstrate that you agree to be legally bound by the Terms and Conditions as updated and/or amended. In the event you do not agree to any revised Terms and Conditions, you should not place further orders for Products.
AGE REQUIREMENT AND ACCURACY OF INFORMATION
You must be able to lawfully enter into and form contracts in accordance with English Law. You undertake to us that the details you give to us whilst using the Website are correct, in particular, the credit/debit card you are using is your own. If your details change, it is your responsibility to inform us via the Website or by contacting us as set out in the Contact Us section at the end of these Terms and Conditions.
We reserve the right to request proof of your eligibility to buy the Products.
You agree that purchases made on the Website are for your own personal or gift use. Purchases are not to be used for re-sale, commercial purposes or any other commercial benefit. A.B Optics reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
ORDERING PRODUCTS AND HOW THE CONTRACT IS FORMED
There are three ways to place an order for Products with A.B Optics:
- On this website
- Visiting us in store
Before placing an order for products please ensure you have read these terms in their entirety and in particular have familiarised yourself with our returns policy.
Where possible we recommend that you place your order in store and have your frames professionally fitted. The style of frame you choose for your glasses is personal to each person and we recommend trying the frames we have available to ensure that your chosen frame is the one most suitable. We appreciate that visiting our store is not always possible and that is why we also provide a website and telephone service.
If you would like to come to our store and try a particular frame or have the opportunity to see the range we stock and what options may work well for you then we would be pleased to reserve a particular frame for you.
By agreeing to order Products on this Website (or over the phone or in store as the case may be) you are agreeing to purchase at the price and in the way described. A.B Optics’ acceptance of the order is conditional on the following provisions:
- Receipt and acceptance of payment.
- Ability of the seller to provide the item.
- When ordering prescription glasses.
- Giving A.B Optics a copy of your prescription (kindly note that if you are under 70 then this prescription must not be more than 2 years old and if you are over 70 it must not be more than 1 year old) and your optician’s contact details
i) Being aged 16 years or over.
ii) You are not registered blind or partially blind
iii) That to the best of your knowledge the Products you are ordering are suitable for you and there is nothing you are aware of that may affect their suitability.
iv) Permitting A.B Optics to contact your optician for any necessary information relating to fulfilling your order and A.B Optics having the right not to fulfil the order if the information received from the optician does not match that received from you.
v) Although the Products are obtained from A.B Optics you will follow the instructions of your opticians in using the Products.
- When ordering contact lenses.
- Being 16 years or over.
- Holding a valid and in date contact lens specification from your optician and providing a copy of such to A.B Optics.
- Providing A.B Optics with details of your optician and consenting to A.B Optics contacting your optician for any necessary information relating to fulfilling your order and A.B Optics having the right not to fulfil the order if the information received from the optician does not match that received from you.
- Although the Products are obtained from A.B Optics you will follow the instructions of your opticians in using the Products.
- That to the best of your knowledge the Products you are ordering are suitable for you and there is nothing you are aware of that may affect their suitability.
- You will be the only person using the Products ordered and will not permit any other person to use them.
We reserve the right to contact you to discuss any aspect of your order if we deem it necessary or appropriate to do so. Given the nature of the Products we may need to advise you as to what you are purchasing and ask you to come in store for a consultation as to the Products you wish to purchase. Additionally we may need to discuss your prescription.
We reserve the right not to accept your order for any reason and we may refuse service to anyone at any time at our sole discretion.
All orders made by you are subject to acceptance by us. After you place an order, we will acknowledge receipt of your order by sending you an order acknowledgement email (or verbally acknowledging the order if ordered by telephone or in store). For the avoidance of doubt this acknowledgement email (or verbal confirmation) will NOT constitute our acceptance of your order. Your order will only be accepted by us when we have dispatched your order. Only our communication of our acceptance of your order and dispatch of the Products to you will contract A.B Optics, in accordance with these Terms and Conditions.
NO CONTRACT IS ENTERED INTO BETWEEN YOU AND A.B Optics UNTIL WE HAVE CONFIRMED THAT THE PRODUCTS HAVE BEEN DISPATCHED OR ARE READY TO BE COLLECTED IN STORE.
A.B Optics will use its reasonable endeavours to keep copies of all contracts for orders placed for Products by you, but cannot guarantee that it will keep a copy of every agreement for an unlimited time due to the number of orders for Products that it receives. You should therefore print out a copy of these Terms and Conditions and the shipping confirmation email in relation to all purchases and keep them in a safe place as a record of each transaction. Contracts with A.B Optics are concluded in English.
There may be occasion when A.B Optics has to refuse an order, for example if the items selected are not available, or if it has not been possible to obtain authorisation for your payment or if there has been a price or product description error. In the event of this you will be notified as soon as possible. Where for any reason the item cannot be provided within 30 days, any payment received will be refunded in full (at the discretion of A.B Optics).
TRADEMARKS AND COPYRIGHT
All brand names, product names and titles used in the Website are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of the above and moreover any such use may constitute an infringement of the holders’ rights.
PRICES, PAYMENT AND DESCRIPTION
We strive to ensure that all pricing and item descriptions are accurate. Photos are made available to provide as accurate a reflection as possible of the real item; however customers must acknowledge that there may be slight variations to items when viewed on screen. A.B Optics recommends that you visit their store to view Products before purchasing.
The prices for any Products ordered will be as quoted on our Website from time to time, except in the case of obvious errors. All prices are inclusive of VAT but exclusive of delivery and costs (for delivery costs please see the delivery section of these Terms). We reserve the right to change prices and descriptions listed without notice. Prices are correct at the time of order only and relate to internet purchases only. All orders for Products are subject to availability.
You may pay for your order by major credit or debit cards as listed: VISA, Master Card and most UK credit cards. Payment must be received by us before the Products are dispatched. We will charge your credit card or debit your bank account when you make your order. All credit card payments are subject to validation checks and authorisation by the card issuer. If the card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
By making an offer to purchase a Product you expressly authorise us to perform credit checks and, where we feel necessary, to transmit or obtain information about you to or from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports on your spouse if necessary) to authenticate your identity, to validate your credit card, to obtain an initial credit authorisation and to authorise individual purchase transactions.
You are solely responsible for meeting the cost of any import duties or other forms of taxation or levies (if any) in respect of any Products ordered and delivered to you in your own jurisdiction.
DELIVERY AND AVAILABILITY
A.B Optics delivers throughout the UK.
Retail orders received between Monday and Friday will be dispatched during the next working day. Orders received during the weekend, will be dispatched on Monday.
Please note that Products will only be dispatched once payment has been accepted and a billing and delivery address have been verified and the conditions of sale as detailed in these Terms and Conditions satisfied.
Delivery in the UK will be via courier service or Royal Mail and may require being signed for upon receipt. You bear the risk once delivery of the Products has been signed for.
The delivery costs will be payable by the customer at the same time that payment for the goods is taken.
We want to get your order to you quickly but it is not possible to give an exact estimate of when you will receive your goods, although we will keep you updated of your order’s progress.
The time involved in shipping your order depends on your prescription, what customisation is required and current stock levels. In some instances we can post goods within 1 to 3 days, but on other occasions it can take 2 to 3 weeks. We can however assure you that once the goods have been received by us (in the instances where the order is sent externally to be customised) we will check them as quickly as possible and post them to you via special delivery.
If we have the goods you have ordered in stock and there is no need for any customisation then in most instances we can post them to you within 24 hours.
Please note that we shall not bear any responsibility for delays in posting your goods that are not directly related to us e.g. postal strikes.
OWNERSHIP AND RISK
We retain ownership of all Products ordered until they have been delivered to you. Ownership of and risk in all Products shall pass to you upon delivery.
We strongly advise you to check Products thoroughly upon delivery.
If you do not accept delivery of the goods or cancel your order outside of the terms of these Terms and Conditions then the risk of the Products will remain with you until we receive them back in good condition.
OUR REFUND POLICY
Prescription lenses are specially adapted for you and your prescription and as such we do not offer refunds on prescription lenses.
We appreciate that having received your new frames you may feel that they are not right for you and that you would like the opportunity to change them. Within 7 days of taking delivery of the Products, provided the frames are in ‘as new’ condition (in their original unopened and unmarked packaging) we would be happy to either refund the cost of your frames in full or exchange them for new frames (either crediting or charging you the difference in cost between the old frames and the new).
You shall be responsible for the cost of returning the frames to us and also our costs in sending you the new frames (if any).
How to return an item:
- Send us an email (or telephone our enquiry line) stating the items that you wish to return, your order number, name and address.
- We will email you to confirm we’ve received your returns notification email and will also send you the address to send the items to (or confirm this by telephone as the case may be).
- Once we have received the item(s) we will process the refund.
- PLEASE ALLOW UP TO 10 WORKING DAYS FOR THE REFUNDED AMOUNT TO SHOW UP ON YOUR CREDIT/DEBIT CARD STATEMENTS.
Please note that all delivery costs (both for initial delivery of the items and for their return) paid by the customer are non-refundable.
A.B Optics does not accept any responsibility for any returns lost or damaged in the post. A.B Optics advises customers to return goods using a ‘signed for’ service such as Royal Mail special delivery service.
CONSUMER CONTRACTS REGULATIONS
The Consumer Contracts Regulations – which came into force on 13 June 2014 and implement the Consumer Rights Directive – give you rights when shopping online, so you’re covered if things go wrong.
CANCELLING GOODS AND SERVICES
The Consumer Contracts Regulations also give you key cancellation rights when you enter into contracts at a distance over the phone or online.
YOUR RIGHT TO CANCEL
Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods. If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
YOUR RIGHT TO A REFUND
You should get a refund within 14 days after we receive the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.
A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
REFUNDING THE COST OF DELIVERY
We will refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, we will only refund the basic cost.
There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel. These include tailor-made or personalised items. Also included are goods that have been mixed inseparably with other items after delivery. Always check our terms and conditions.
CANCELLATION OR DAMAGE
If you decide to cancel your order after you have purchased it, then please contact us on the same day to let us know. We would be happy to cancel your transaction and to refund your purchase if the product has not been dispatched already.
If you receive a Product which is faulty or damaged please notify us immediately by email and we shall make arrangements for you to return the relevant Product to us.
Upon receipt of the Product, we will examine it to see if it is faulty or damaged. We may, as we think appropriate, either credit you with an appropriate sum in respect of the Product or we shall (subject to availability) repair it or send you a replacement Product. This does not affect your statutory rights.
Where you purchase Products either via our Website or over the telephone the Consumer Contracts Regulations – which came into force on 13 June 2014 implements the Consumer Rights Directive – giving you rights when shopping online, so you’re covered if things go wrong.You have 14 days from entering into a service contract in which you can cancel it.
This right of cancellation does not apply to goods that have been made to your own specification such as prescription lenses.
If you are entitled to cancel your order under the Regulations and the Products have been dispatched then you will be responsible for returning the Products to us in ‘as new’ unopened and unmarked condition.
Nothing in these Terms and Conditions shall limit or exclude A.B Optics’ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for A.B Optics to exclude or restrict liability.
Subject to the above:
A.B Optics shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the contract; and
A.B Optics’ total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price of the Products.
For the avoidance of doubt A.B Optics accepts no liability whatsoever for any fault in the Products where the Products have been used in a non-standard fashion.
Where these Terms and Conditions require you to notify us of certain things in writing, notices should be sent to us by email. If we need to notify you of anything, we will do so by email or post to the email or postal address you provide during the order process. Notices will be deemed received 24 hours after the email is sent or three days after the date of posting.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, A.B Optics may choose various third party websites to link to from its own site. However, even if the third party is affiliated with us, A.B Optics has no control over these linked sites which each have separate privacy and data collection practices, independent of A.B Optics. A.B Optics has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, A.B Optics seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
All customer information given during the order process is collected and stored lawfully in accordance with the Data Protection Act 1998. All information held on our systems is password protected. We do not use any information given for marketing purposes without your consent. If you are concerned about the confidentiality of any information given, please contact us at email@example.com.
If you register with us, initially we will need your name, and e-mail address.
When placing your order, we will take your billing and shipping information and telephone number to process your order and to contact you in the event of any issues with your order and we may give this number to couriers who deliver your order.
When placing your order, you will be taken to SagePay’s secure payment gateway where you will be able to enter your payment card information. We will never directly hold nor store any of your payment card details.
We will not share any of the personal information listed above with outside parties except to the extent necessary to complete your order.
When you enter your personal information you will be registered and automatically signed up to our newsletter. You can enable or disable this feature at any time via My Account.
We take security very seriously. Please read the following policy to understand how we will treat your personal information when you use our site.
Worried about ordering over the Internet? We have done the worrying for you: SagePay’s secure server ensures that your personal details stay personal. Shopping with us should never mean taking risks.
How do you know if a web site is secure? When asked to enter personal details such as your credit card number a secure web site will show an icon at the bottom of your browser window that displays the SSL symbol.
Every credit card purchase you make at this site is done through SagePay’s Secure Server Technology. This provides many security features, including:
Authentication – this assures your browser that your data is being sent to the correct computer server, and that the server is secure.
Encryption – this encodes the data, so that it cannot be read by anyone other than the secure server.
Data Integrity – this checks the data being transferred to ensure it has not been altered.
This site uses Sage Pay for card security which has security measures in place to protect the loss, misuse and alteration of the information under its control. SagePay use Secure Socket Layers (SSL) technology to ensure the privacy of the information provided. At no time are the customers debit/credit card details transmitted un-encrypted over the Internet.
We only use SagePay to collect/process transaction information. For further details please click here
We shall not be liable for any failure to provide the Website and/or the failures or delays in delivery where this is due to circumstances beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unenforceable, it shall so far as it is unenforceable, be deemed deleted and the remaining provisions of these Terms and Conditions shall continue to apply.
A.B Optics shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
A person who is not a party to a contract between A.B Optics and you shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that contract.
The English Courts will have exclusive jurisdiction over any claim arising from or related to this Website and all Products. English Law will apply to these Terms and Conditions.
To contact us by email: firstname.lastname@example.org.
A.B Optics reserves the right to make changes to this policy and you should check back from time to time to ensure you are aware of any changes. Your continued use of this Website will demonstrate your acceptance of these changes.