INTELLISIGHT OPTICIANS: ONLINE TERMS AND CONDITIONS
Please see the footer of IntelliSight Opticians website www.intellisightopticians.co.uk for links to more of our Terms and Conditions
1. THESE TERMS1.1 What these terms cover.
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US2.1 Who we are.
We are Saltburn Locum Services trading as Intellisight Opticians a company registered in England and Wales. Our Company number is 7759268. Our registered address is 27 Medomsley road, consett, County Durham, DH8 5HE.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 01642 450982 or by writing to us at email@example.com AND 67 High Street, Redcar, TS10 3DD.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU3.1 By placing an order with Intellisight Opticians, you confirm:
- You are aged 16 or over
- You are not registered blind or partially sighted
- If you order prescription lenses, you have a written prescription that has been given to you by a suitably qualified optometrist within the last 24 months, within the expiry period of the prescription, or within the last 12 months if you are aged 70+
- You will supply accurate details of your prescription as requested
How to place your order.
Orders must be submitted via the submission form on our website. Submission of your order represents your offer to purchase goods from us. Once an order has been received we will review it and where appropriate we may contact you to provide further information as set out below:
- In exceptional circumstances we may need to arrange a free face-to-face consultation with you
- Request you post a copy of your written prescription
- Contact you directly or request you contact the optometrist who provided your prescription to verify and/or discuss your prescription
- Request you obtain a pupillary distance measurement from your optician
- Request you obtain a new written prescription from your optician Pupillary distance
Orders for prescription lenses.
Orders containing prescription lenses are only accepted by us once your payment has been processed and the details of the prescription you have provided to us has been checked by our qualified optometrist.How we will accept your order.
Except as set out for prescription lenses above, our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this [in writing] and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order. We will confirm this to you by email when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK.
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
4. OUR PRODUCTS4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Please note unless otherwise stated by you, we will assume an average pupillary distance of 65 mm for men and 62 mm for women.
If no gender is specified at the time of order, it will be set at 65mm.
5. YOUR RIGHTS TO MAKE CHANGESIf you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGESWe may change the product to implement minor technical adjustments and improvements, These changes will not affect your use of the product. But may include minor changes to the colour or specification of the materials used to make the frames.
7. PROVIDING THE PRODUCTS7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
We will deliver them to you as soon as reasonably possible after your order has been processed.
You will be notified by email when your goods have been dispatched.
If the products are ongoing goods. We will supply the, goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.]
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you.
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am to 5.30pm on weekdays (excluding public holidays) 9am to 5pm on Saturday and 10am to 4pm on Sundays.
7.5 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.6 If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 Your legal rights if we deliver goods late.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 When you become responsible for the goods.
The goods will be your responsibility from the time we deliver the product to the address you gave us or where you have collected the goods from us instore.
7.9 When you own goods.
You own the goods once we have received payment in full.
7.10 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, the information set out in Clause 3 relating to a prescription (where relevant) along with any other information we may need inorder to provide the goods.. If so, this will have been stated in the description of the products on our website. We will contact you [in writing] to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) make changes to the product as requested by you or notified by us to you (see Clause 6).
8. YOUR RIGHTS TO END THE CONTRACT8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 DAYS; or
(e) you have a legal right to end the contract because of something we have done.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods (for example, frames and lenses)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example a monthly supply of contact lenses). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund as compensation for the net costs we will incur as a result of your ending the contract
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by calling our customer service line on 01642 450982 or by writing to us at firstname.lastname@example.org.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person or, post them back to us at 67 High Street, Redcar, TS10 3DD.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances [(including where you are exercising your right to change your mind)] you must pay the costs of return.
9.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT10.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, [your prescription];
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
10.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know within a reasonable time in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT11.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01642 450982 or by writing to us at email@example.com or 67 High Street, Redcar, TS10 3DD. Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If you wish to exercise your legal rights to reject products you must either return them in person to us at 67 High Street, Redcar, or post them back to us.
Frames must be returned to us in their original condition and include all provided accessories such as case and cleaning cloth.
Any bottled goods supplied must be unopened and have no evidence of being opened on their tamper–proof seal.
12. PRICE AND PAYMENT12.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on our current online catalogue also on our order page when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay.
We accept payment by all major credit card (except Amex) and Paypal.
You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
If you are ordering prescription lenses you must pay for them in full when you order them as set out in Clause 3.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are described; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION14.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.6 Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Optical Consumer Complaints Service via their website at www.opticalcomplaints.co.uk. Optical Consumer Complaints Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.