Terms & Conditions
TERMS & CONDITIONS
Pureoptical.co.uk Terms & Conditions of Supply & Website Use
BY USING THE PURE OPTICAL® CO.UK YOU ARE AGREEING TO COMPLY AND BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR WEBSITE. THESE TERMS AND CONDITIONS SHOULD BE READ BEFORE MAKING A PURCHASE FROM PURE OPTICAL.CO.UK OR ANY ASSOCIATED COMPANIES.
By ordering goods from the Pure Optical® (otherwise referred to as ‘we’ ‘us’ ‘our’ ‘our website’) website, you are entering into a legally binding contract with P O Ltd. You are therefore agreeing to be governed by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you must not order from this website.
The website www.pureoptical.co.uk is operated by P O Ltd. P O Ltd is a company registered in Gibraltar under the company number 119103.
Our registered office is at:- Suite 4 Giro's Passage Gibraltar.
These Terms and Conditions represent the entire agreement between you the customer and P O Ltd in respect of all services and goods provided to you by P O Ltd. Pure Optical® is a protected registered trade mark in the UK under No. UK00003061600.
2. Website usage
Permission is given for you to view our website and any sub pages within with the same domain name, for your personal use only on a temporary basis subject to these terms and conditions. We reserve the right to withdraw the entire service provided by the site or amend the site at any time without any requirement to give notice. No liability whatsoever will be accepted by P O Ltd in any way should our site be unavailable at any time.
We reserve the right to restrict access to certain parts of the site at any time without notice to both registered users and non-registered users.
You agree to ensure that any persons using the site through your internet connection are aware of these terms and conditions. You are entirely responsible for your own arrangements in enabling you to access this site through your internet connection.
3. Usage restrictions
Your permission to use the site is only given on the understanding that your usage is only for lawful purposes.
You are not permitted to use our site in any way that:-
a. Does not comply with local national or international laws or regulatory statutes.
b. Harms or attempts to harm minors in any way.
c. Is in any way unlawful, fraudulent by intent or purpose.
d. Constitutes ‘spamming’ by sending and transmitting unauthorised advertising material or similar.
e. Knowingly transmits or receives a virus or viruses including any harmful programmes or codes which knowingly harms any computer equipment, hardware or software.
You agree to use our website only for lawful purposes. Your usage must not infringe the rights of any third party by restricting the usage or enjoyment of our website by any third party. You agree that you will not interfere with any workings of our website or hack into any server computer system server or router connected or associated with our website with the intention of disruption or otherwise.
4. Communications & Permissions
Visiting our website opens a communication with us electronically and in doing so you give permission to receiving communications from us electronically either by email or information posted on the site and that you agree that all or any of these written communications satisfy all legal requirements.
In providing us with your contact details, being email address and telephone number, you agree that we have your permission to contact you using those details provided. Once you place an order, you agree to receive communications relating to product safety and compliance where we deem appropriate. We may in addition, continue to communicate and provide you with price information and offers where this is advantageous to you.
5. Intellectual Property
P O Ltd are the sole owners or licencee of all the intellectual property within our Site and any material published on it. The website and all content within is protected by copyright. The intellectual property rights are used either with permission from the owners of those rights or are owned by us.
You have permission to view and download the site content for your personal use only. Copying, reproducing or otherwise transmitting content for any reason whatsoever is prohibited.
We recognise all trademarks and logos not owned by us which are displayed on our site registered or otherwise. Any trademarks displayed are with the permission of the owners. Trademarks are indicated where known. No licencing or rights of use are inferred or granted in relation to any trademarks within the site.
6. Your Status, Responsibilities and Website Registration
By registeriing your details with pureoptical.co.uk and communicating with us via the website you declare to us that:-
a. That you are 16 years of age or older.
b. That you may legally enter into a binding contract
c. That you have completed our registration procedure.
d. That you have previously worn optical appliances according to professional instruction without experiencing any problems and that those appliances were prescribed by a qualified Optometrist or Dispensing Optician.
e. That the prescription details entered during the registration process or at any other time including the time of ordering are accurate, complete and up to date and are in accordance with the details issued to you by a qualified Optometrist or Dispensing Optician.
f. That you agree to provide us with any prescription changes since registration through the website or by email or telephone. We will not be held responsible for any loss or damage you may suffer should you not provide these updated details and by not providing those details you have breached you contract between you and us.
g. That your prescription details entered by you and that we have examined are no more than 24 months old, issued by a qualified person, have not expired and that we can rely upon these as being true and accurate in relation to the supply by us and procurement by you of optical appliances from P O Ltd..
h. That you Consent to us contacting your prescribing Optometrist or Dispensing Optician to verify your prescription details. Should we be unable to verify your prescription, we will not be bound to process your order or supply you with any optical appliances until we have sight of an up to date prescription issued by an Optometrist or Dispensing Optician.
i. That it is entirely your responsibility to check that the optical appliances you have ordered comply with your correct prescription. We accept no liability for injury or damage to eyes due to an incorrect order placed by you which does not match your prescription or where your prescription is out of date.
j. That you will follow all the enclosed instructions supplied with any optical appliances or other products supplied by us to you.
k. That any optical products ordered by you are entirely for your own use requirements and needs and that the optical goods ordered are not for another person and not for another person who does not hold an up- to- date prescription.
l. That you are that our qualified opticians are available for advice via telephone or email between 9am and 5pm Monday to Friday and that you will speak to them should you have any doubts regarding the suitability for you of any optical appliance we offer.
j. That you are aware that we strongly advise you not to order any product not currently prescribed to you and that you will attend regular contact lens check up appointments with your optician.
k. That you understand that P O Ltd. is not obligated to fulfill your order if you do not have a valid prescription as defined within these terms and conditions.
7. Contract Formation & Acceptance
Your order constitutes an offer to us and does not by itself complete a contract between you and us. A binding contract exists between you and us only once we have accepted your offer. P O Ltd are not obligated to accept your offer and we may refuse to accept an offer for any reason whatsoever, including but not limited to inability to take payment from you. We do not accept and will not accept any liability whatsoever in respect of refusing or otherwise failing to accept any offer from you. These Terms and Conditions may not be construed as creating an obligation on us to accept any offer from you.
Having placed and paid for your order, the order confirmation email sent to you from us will constitute our acceptance of your offer and a contract then exists between us. The email will confirm the details of the goods ordered, your payment and delivery details.
Should your order be refused after payment is taken, the payment will be refunded in accordance with clause 11 below.
These terms and conditions apply to each individual order and supply and each transaction represents an individual contract between us and you. We are not obliged to continue to supply you on the basis that we have done so previously.
In the event that an order placed under our Terms and Conditions is returned, any free gifts supplied with your order and advertised on our website in relation to that order must also be returned together with the order and to the same return address (see clause 12 and 13).
8. Prices and Payment
All prices listed on our website will apply at the time of the order being placed except if there has been an error.
Prices shown are subject to delivery charges unless free delivery is offered. The postage options will be shown at the time of ordering.
Optical dispensing services are included in the supply of prescription optical appliances ordered via our website. These services are provided by Optical Dispensing Ltd. and represent a minimum of 35% of the total price charged excluding VAT of the appliances shown on our website. This optical dispensing charge is in relation to the availability of general optical advice given by our qualified opthalmic optician or an optical consultant working under the supervsion of our qualified optician, in relation to fit, comfort wear times, suitability of the appliance, prescription checking, eye care and handling. This charge is specific to prescription optical appliances. Therefore, no dispensing charge is levied for any non- prescription goods ordered through this site.
We reserve the right to change the advertised price at any time and without notice or liability. Prices shown at the time of receipt of your confirmation of order email will apply. (a contract has been made) Between placing your order and the confirmation receipt, prices may change (before a contract has been made).
We will make every effort to ensure that prices shown are correct. However, errors are possible. Should an error be made, we are not obliged to supply at the incorrect price up to and including the point where your offer is made. We may contact you to query if you wish to continue with your order .If you confirm that you wish to continue, we will treat this as a new order (offer) and the terms laid down here will apply once again. We reserve the right to reject any offer we receive. We will not be responsible for the payment and processing of any applicable import duties associated with orders made through our website. We will not be liable for any breaches of import laws, duties and regulations of the countries to which products are delivered.
Payment for services and goods purchased from our website must be made through Worldpay through our website. Payment can only be accepted by credit or debit card through this provider,. From time to time, we may change the provider(s) through whom we will accept payments. The listed providers will be amended accordingly. When a credit card is offered as payment method during checkout, a pre-authorisation process will commence for the full amount against your card. Payment has not been made at this time. This check is a security process with benefits for both us and you to ensure that your card is not being used fraudulently and for us that the payment is genuine and authorised. Should the order not be placed, this check will be removed from your card by your company within a few days (times vary from company to company). Should an order be confirmed, the payment will then be authorised and the payment will be taken by Pure Optical.
Payment will be made to us at the time that the order is placed. Please note that clause 7 will apply at this point and no contract yet exists. A refusal of your order after payment is taken will invoke clause 14 accordingly.
9. Automatic Re ordering service** NOT CURRENTLY AVAILABLE
Our automatic reordering service creates new orders at intervals specified by you. These orders are considered in the same way as manual offers and the Terms & Conditions listed here apply in the same way.
The acceptance by you of our Terms and Conditions authorises P O Ltd. to take payments from your card at the time of the new automatic re-order, using the details provided by you.
Orders placed through our re order process will be despatched via Royal Mail 1st Class for all UK delivery addresses.
Amendments or cancellation of your automatic re order service can be made via the ‘my account’ area on the site.
Should payment for an Automatic Re Order order fail, we will attempt to take payment again the following day. A second payment failure will result in an email or call to take revised payment details.
We will deliver to the address declared when you placed your order. This is the address within the ‘Confirm Order Details’ section on the site. It is your responsibility to check and confirm that the Delivery Address is correct. Once confirmed you will receive an Order Confirmation e-mail from us. If the delivery address incorrect it is your responsibility and we cannot be liable for any consequential loss or damage so caused.
Where Royal Mail special delivery is unable to deliver as there was no one available to sign, the package will be returned to the sorting office. You must contact them to check if it has been returned to the sorting office before calling us.
Stock availability and delivery details of any products are available in the ‘your basket’ section. We endeavour to have all items available to avoid any delivery delays but this cannot be guaranteed. We will deliver as soon as possible once the item comes into stock.
We do not accept responsibility for delays or failures resulting from circumstances beyond our control, including although not limited to, manufacturer delays, postal delays or strikes, mechanical breakdowns, traffic delays and the weather. Should a delivery fail to arrive after you have recieved shipping notification, you must inform us within 5 working days of the receipt of the shipping notification. No replacements will be sent unless this notification is received within this stipulated time.
11. Passing of Ownership and Risk to Customer
All goods shall remain the property of P O Ltd. until you have taken delivery and we have received full payment for those goods The goods are your responsibility and at your risk from the moment of delivery onwards.
12. Order Cancellation
Any products purchased from PureOptical co.uk are subject to the distance selling regulations whereby you may cancel your contract with us and return your purchase(s) for a full refund provided the goods are in good condition including the packaging, irrespective of any fault or otherwise within a period of 7 working days from the day after delivery. (where a working day is any day which is not a Saturday, Sunday or Bank Holiday celebrated in Gibraltar).
In order to exercise your right to cancel under the clause above, you must return the products unopened and unmarked in their original packaging to us at Pure Optical, PO Box 7452, Hook, RG27 7LH. You will be liable to pay the postage and packaging costs of returning the goods.
The cost of the products returned, but not the cost of postage and packaging, shall then be refunded to you in accordance with clause 13 below.
13. Returning Goods
You may return a product to us at Pure Optical, PO Box 7452, Hook, RG27 7LH. The goods must be unopened and totally un-marked in the original packaging. We will examine the returned products and notify you via email or telephone whether they are in an acceptable condition for a refund, provided we are satisfied with the condition we will refund the cost of the goods to your credit card excluding the original delivery postage and packing costs. The cost and any risks attached in returning the goods to us are your responsibility. We will not accept any returns for refund after one calendar month from date of shipping unless a return is made in relation to faulty product.
Should a product supplied by us is found to be faulty or varies from the specification of your order you may return it to us at the above address. Please include a letter indicating the nature of the fault or error and your preference as to a refund or replacement.
We will inspect the products and provided we agree that they are faulty or incorrect we will either replace the goods or refund them according to clause 14. Any replacements will be delivered standard 1st class post free of charge. Any refund will include post and packing.
Please send faulty lenses in a lens case in solution so that an inspection can be carried out. No refunds or replacements will be issued if the lens or lenses are not in a condition to be properly inspected.
All refunds will be made to the same card originally used to make the purchase. We will complete a refund as soon as possible following the return of the goods and we have confirmed that a refund is due. The offer process will follow either a refusal of acceptance of an offer and payment to us and or our confirmation that a refund is due subject to the terms outlined here. We will process all refunds within 10 days subject to the above.
We accept no liability to pay interest on any amounts due for refund.
15. Links & Adverts
Our website may provide links to other third party websites and resources. which are not under our day to day control. No liability or responsibility is admitted by us when you click through to these sites for any losses or damage to your equipment or by any site which links to our website. This does not exclude your rights against the third party the terms of which should be read. Should any third party be involved in your transaction with us under the Terms and Conditions stated here, we may notify you that this will occur and your personal information may be disclosed to that third party (s) in order to complete the contract between us to supply.
16. Written Communications
The use of our website constitutes permission from you that you accept electronic communications and other communications from us either by email or information posted on our website and that those communications or any notices or contracts comply with any legal precedent that those communications are legally compliant with communications to you in writing. It is your responsibility to reads any notices and information sent to you. This condition (16) does not affect your statutory rights.
17. Force Majeure
We will not be responsible or liable for any service failures or delays or consequential losses in relation to our obligations under any contract between us that is caused by a Force Majeure Event outside our control.
A Force Majeure Event may include but us not limited to:-
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. riot, invasion, terrorist attack or threat of terrorist attack, civil commotion, war , or threat or preparation for war;
b. storm, flood, earthquake, fire explosion, subsidence, epidemic or other natural disaster;
c. strikes, industrial action.lock-outs or other industrial action
d. disablement of,railways, shipping, aircraft, road transport or other means of public or private transport;
e. disablement of public or private telecommunications networks;
f. by government acts, legislation, decrees, regulations or restrictions of any government.
g. pandemic or epidemic.
Should any Force Majeure Event prevent us from carrying through our obligations under our contract with you, we will complete those obligations as soon as is practicable following the Force Majeure Event. During the event our obligations to you are not enforceable. We will investigate any alternative procedures which will allow us to comply with our obligations to you during the Force Majeuer Event. Should the Force Majeure Event occur within our organisation or our control we will bring that event to a close as soon as possible.
19. Our Liability
We shall not be liable or responsible for any viruses or any damage whatsoever which may affect your computer(s) caused by using our site. Our liability is limited only to the purchase price of any optical goods under the Terms and Conditions stated here. We take all steps to protect our systems form viruses including Trojan Horses but we shall not be responsible for delays or failures by your equipment including during or after any changes we make to our site nor shall we be responsible for any losses suffered as a result of suspension or failure of our website at any time. Liability for products supplied by P O Ltd shall be limited to that supply element only. Liability for dispensing services for prescription appliances shall be limited to the supply of those dispensing services only.
Our liabilities are limited to the Terms and Conditions stated here unless the breach could have been reasonably foreseen by you or us defined as an event which could have been foreseen by either of us acting in a reasonable manner.
Should any legal authority rule that any of the terms and conditions stated here are unlawful and or not able to be enforced by us, only that individual term will be severed leaving all other terms fully enforceable.
21. Law and Jurisdiction
These Terms and Conditions are governed by the law of Gibraltar. Any disputes arising in connection with these Terms and Conditions shall be resolved before the courts of Gibraltar.
22. Right to vary these Terms and Conditions
We fully reserve the right to change and amend these Terms and Conditions at any time without liability.