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1. Basis of Terms & Conditions GOVERNING JURISDICTION This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.  

1.1 The supply of goods by Designer Eyewear is subject to English Law under the Sale of goods Act 1979. 

1.2 Your order and acceptance of the Terms & Conditions will constitute a legal agreement. In accepting our Terms and Conditions you are stating that you not partially sighted or blind registered, over 16, have a prescription that is less than two years old and that your prescription is less than 10.00 dioptres in power. Our acceptance of this order and delivery of the goods will form a legal binding contract between Designer eyewear.co.uk and you the customer.

 

2. The Customer 

2.1 By law we are not permitted to sell spectacles to children under the age of 16. By accepting these terms and conditions you are confirming that you are over 16 years of age. 

2.2 By law we are not permitted to sell spectacles to people who are partially sighted or blind registered. By accepting these terms and conditions you are confirming that you are not partially sighted or blind registered.

2.3 By law we are not permitted to sell spectacles to people who have complex prescriptions; defined as a prescription with a power greater than 10 Dioptres Sphere in any meridian. By accepting these terms and conditions you are confirming that you do not have a complex prescriptions; defined as a prescription with a power greater than 10 Dioptres Sphere in any meridian.

2.4 The prescription must be less than 2 years old and have been provided by a registered Optometrist following an eye examination. By accepting these Terms and Conditions you are stating that the prescription has been supplied by a qualified ophthalmic practitioner or registered optometrist and that it is less than two years old. 

2.5 If requested to do so you must provide us with evidence that we can legally supply you with corrective eyewear. 

2.6 The customer must provide correct and current contact details including name, address, telephone, and e-mail.

 

3. The Display, Description and Availability of Goods  

3.1 The products on our website are presented as accurately as possible given the limits of photographic, website design and graphic techniques. We indicate sizes and colours as clearly as possible and endeavour to accurately describe our products in an informative manner. 

3.2 The products shown in photographs may vary slightly in colour or appearance from those supplied to the customer due to issues raised in 3.1 but should be a honest representation of the product supplied. 

3.3 All goods are sold subject to their availability. If a product is no longer available from our suppliers or is out of stock we shall inform the customer either by telephone, text or email ASAP and offer either a refund or an alternative product. 

3.4 Customers will not be charged for products that cannot be supplied to them. 

3.5 Designer Eyewear will not be responsible for the loss or damage to any products not supplied by them.

 

4. Display of Prices. 

4.1 The prices shown on this website are inclusive of the standard rate of UK VAT, which currently stands at 20%. VAT is charged on all orders to the EU. 

4.2 The prices on this website are correct at the time of use. 

4.3 We reserve the right to adjust the prices of our products as we see fit without prior notification. 

4.4 Once an order has been placed by a customer the price agreed is fixed and not subject to any prices changes of other products on this site.

 

5. Delivery Charges 

Postage and Packing is free of charge to addresses in the United Kingdom and just £11.95 to overseas addresses. We use Royal Mail to deliver your goods.

 

6. Price Match Promise 

Designer Eyewear will match any genuine price for identical products supplied by us on the sending to us the details of a webpage, or a written quote by email, post, or fax. This means that it must be compared on a like for like basis as follows:

1. The supplier must also be a Registered Optician based in the UK 

2. The frame must be exactly the same model including the same make, frame number, size and colour. 

3. The prescription for which the party is giving the quote must be the same as he prescription supplied by us. 

4. The price includes any extras and options such as VAT, coatings, tints and delivery charges that we have supplied or quoted for. 

5. The warranties and guarantees must be as good as ours. 

6. The price that the customer is asking us to match is not part of a special promotion or discount.

7. The customer must ask us to match any price within two weeks of receiving their new glasses. 

Please note that Price Match cannot be used in conjunction with any other offer we may chose to run.

 

7. Payments 

7.1 The site follows a logical buying process. The customer selects the frame they wish to buy and then selects any lens options such as thinner lenses or tints. When they have completed their order they will need to click the Checkout tab. This will take them to a secure area where they will enter private information, prescription details and banker’s card details. 

7.2 All payments must be made at the time of ordering any goods. 

7.3 We use PayPal to process your payment for peace of mind and security. 

7.4 We accept all major debit and credit cards. 

7.5 All orders are subject to the successful authorization and processing of a customer’s payment by PayPal, delivery of any orders are conditional on the successful completion of their payment. 

7.6 We do not have access to credit/debit card details because the shopping cart uses advanced encryption technology and at no point do we see or record your card details. Since the transactions are handled directly by PayPal we take no responsibility for the use or misuse of a customer’s credit or debit card and they use them at their own risk.

 

8.Delivery 

8.1 We shall deliver orders within 28 days subject to stock levels and assuming that neither our suppliers nor us incur difficulties in the making of your glasses, we cannot be held responsible for late delivery due to the acts or omissions of third parties including manufacturers and suppliers being out of stock. 

8.2 We will supply all goods to the postal address stipulated on an order, this can be anywhere in the world to which the Royal Mail deliver. 

8.3 The customer is obliged to supply the correct delivery address details when placing an order, we reserve the right to only supply to addresses that correspond to the billing address. 

8.4 The prices shown on this website do not include delivery outside of the UK. 

8.5 If the delivery time is more than 28 days from the date of ordering we reserve the right to extend this deadline if we deem it to be reasonable. 

8.6 If you chose not to accept goods that we send to you within the 28 day normal delivery time or in instances arising from point 7.5 we reserve the right to recoup costs from the customer to cover Postage and insurance. 

8.7 On receipt of goods at the address specified in an order the responsibility for and risk of damage to the goods shall pass to the customer.

8.8 All our products are examined after leaving our lab to check that the prescription is correct and for any

manufacturing flaws or damage. However, on receipt of the goods the customer should immediately inspect them for

any faults or signs of damage, if any are found the customer should not use the glasses but inform Designer Eyewear

by email giving a brief description of the problem along with their name, contact details and order number.  

Any goods that are found to be damaged on receipt will be exchanged for new ones if they are returned to us within 14 days. 

8.9 Inside the delivery package will be a copy of the prescription of the glasses, if this does not tally with the customer’s order they should contact us immediately. 

8.91 Any goods that are returned to Designer Eyewear are done so at the customer’s expense. We strongly advise that a postal service is used that gives proof of delivery at our Returns postal address, we will not provide a refund or an exchange for products that we do not receive back from the customer unless the customer can provide evidence that they have been returned to our correct Returns Address.

 

9. Giving Us Your Prescription

9.1 It is the obligation of the customer to correctly enter the prescription information from which the lenses will be produced into our information fields, if any help or guidance is required it is up to the customer to contact us by e-mail or phone.  

9.2 We recommend that the customer obtains their PD or interpupillary distance from their optician. Failing this they should either have a friend measure it or measure it themselves as shown in the guide on this site. If a customer chooses to select the default setting we shall use a measurement of 64 and 62 for distance spectacles for men and women respectively and a near inset of 4mm for reading prescriptions. 

9.3 Varifocal lenses require more accurate measurements than single vision lenses and we strongly advise you to have your correct distance PD available for ordering varifocals. We recommend that you order the frames on a frame only basis and ask a local optician to dispense them for you for a fee (typically £20). The optician will provide you with the correct height and PD of the optical centres of the lenses. 

9.4 A customer that chooses to select the default settings or gives a PD or height reading when ordering lenses, especially varifocals, do so at their own risk. Designer Eyewear will not be held responsible for the optical performance or suitability of the glasses that arise from the PD or heights selected or by the selecting of the default options by the customer when ordering glasses. 

9.5 Any injuries to the customer themselves or to third parties or damage to property that arise from issues raised in section 9.4 are the responsibility of the customer.

 

10. Statutory Rights 

10.1 The statutory rights of a customer are not affected by our 14 day limit on returns for fault or manufacturing flaws. 

 

11.Liability.

11.1 Goods purchased from our site are subject to English Law only.  

11.2 Nothing in these terms and conditions is to be taken to exclude or restrict any rights which applicable law grants to a customer in respect of such goods. Individual goods may be the subject of additional warranties or guarantees given by their manufacturers directly to the customer. 

11.3 We shall not be liable to any person for any damage or loss that may arise from the use of any goods displayed on our site. 

11.4 We do not accept any responsibility and will not be liable for any damage to the goods caused by the customer. 

11.5 Without prejudice to your statutory rights, all the information and materials contained in this site (including, without limitation, text, graphics and links) are provided on an "as is" basis with no warranty and in particular, we do not represent or warrant that the information accessible via this site is accurate, complete or current or that the use of this site will be uninterrupted or error-free.

11.6 Notwithstanding anything else in these terms and conditions, in relation to any one event or series of events relating to the purchase of any goods from the Designer Eyewear web site, we will not be liable for:

(i) claims relating to the availability of the Designer Eyewear range, the Designer Eyewear web site, points of purchase, or the success or level of sales resulting there from;  

(ii) any indirect, incidental or consequential damages or lost profits. 

11.7 Neither the buyer or the seller shall be liable to the other or be deemed to be breach of contract by reason of any delay in performing or any failure to perform, any of it obligations in relation to the goods, if the failure was beyond that parties control i.e.; act of God, explosion, flood, fire or accident. War or threat of war, sabotage, or insurrection. Change in Acts, restrictions, regulations or bye-laws. EXCLUSION OF LIABILITY

11.8 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website),

shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your

or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other

direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

Nothing in these Terms shall exclude or limit liability for

(i) death or personal injury caused by our negligence or the negligence of our servants and agents in the course of

their duty (as defined by the Unfair Contract Terms Act 1977);

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or 

(iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

11.9 Our maximum liability (and that of our employees, agents or subcontractors) to you in

connection with any physical damage caused to your property through the negligence of us
(or our employees, agents and subcontractors) will not in any circumstances exceed £10,000

11.91 In all other 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.

12. General

12.1 Should we choose not to exercise any right in these Terms and Conditions it does not affect our right to exercise any other right.

12.2 We reserve the right to change these terms and conditions at any time without prior notice to the customer.

12.3 These terms and conditions shall be governed by and construed in accordance with English Law.

12.4 All items listed on the website are subject to their availability.

12.5 We reserve the right to refuse to sell any item to any customer, as we deem fit.

12.6 All logos and original text on this website are the property of Designer Eyewear.

12.7 Any phone calls made to us maybe recorded as a true record of a conversation.

12.8 All rights, benefits and privileges that are created by this contract for the customer are non-transferable.

12.9 Designer Eyewear does not act in the capacity or function or purpose of a medical practitioner or optometrist. We do not provide advice or treatment of medical conditions. Any health related issue must be addressed to your General Practitioner or Optometrist.

 

13. Privacy Policy

13.1 Designer Eyewear does not disclose customers' information to third parties other than with a postal service so that your goods can be delivered. Our delivery agent, a third party, will not disclose any of the details to any other third party.

13.2 Our website uses cookies to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details for future orders. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools / Internet Options / Privacy' and select ‘block cookies’. If, however, you turn the cookies function off, you will be unable to place orders or benefit from the other features that use cookies. Cookies are only used for the efficient working of the website and your convenience they are not used to identify you in any way.

13.3 Designer Eyewear is committed to protecting the Customer's privacy and to providing the Customer with a secure on-line buying environment.

13.4 Designer Eyewear complies with the Data Protection Act 1998, all our employees, agents and sub- contractors are required to always comply with all of the provisions of this Act in relation to data received from the customer regarding this contract and shall only process personal data received from the customer where necessary to fulfil our obligations under this contact.

13.5 Designer Eyewear may assign or subcontract or any part of this contract to any third person, firm or company.

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