Our Terms & Conditions
Welcome to the Terms and Conditions page for
walters-opticians.com. All of the terms and conditions specified below
apply to the use of this website at www.walters-opticians.com, and by accessing
this website including, but not limited to, the placing of an order you agree to be bound by these terms and conditions.
If you do not accept these terms, do not use this website.
an online website owned and operated by
Walters-Opticians Ltd, 34 Markets Place, Gainsborough, Lincolnshire,
UK, DN21 2BY; company registration number: 04371147; VAT registration number: 716234453.
Should you need to contact Walters-Opticians Ltd our telephone number is +44(0)
1427 616506 and our contact email address is: firstname.lastname@example.org.
1.1 Subject to acceptance
of these terms you will be able to access most areas of this website without providing
any registration details. Certain areas will not be available unless placing an
order or if you have previously placed an order with us.
1.2 We may revise these
terms and conditions at any time by updating this posting. You should check this
Website from time to time to review the then current terms and conditions, because
they are binding on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located on particular
pages of this Website. If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue to use this Website.
2.1 You are deemed to have
placed an order with us when you complete our online checkout process for goods
you are offering to buy through this website. As part of the checkout process you
will be given the opportunity to check your order and correct any errors. We will
forward an order acknowledgment to the contact e-mail address you specify in the
checkout process detailing the products you have ordered and the total cost to you.
2.2 All payments are immediate
and are made through a secure payment system as part of the checkout process.
2.3 The placing of an order
does not constitute our acceptance of your order and no legally binding contract
exists between us at this stage.
2.4 We will process your
order as soon as possible, usually the same day. Once we have checked product stocks
and have determined that we are able to fulfil your order in full, we will send
an order acceptance e-mail to the contact address you provided in the checkout process.
This will include when possible an estimation of when we expect to dispatch your
order. Our acceptance of your order constitutes a legally binding contract between
2.5 We reserve the right
not to accept your order for any reason including, but not limited to:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions;
(e) if we suspect fraudulent activity
2.6 Should we refuse an
order for any reason we will notify you by e-mail as soon as possible. Any payment
made to us will be refunded to the credit / debit card used by you in the checkout
process as soon as it is practicle for us to do so. This is usually within 5 working
days and will be no later than 30 days from the date of your order.
3.1 All prices displayed
on this website include VAT at the current United Kingdom rate when the delivery
country is one in which we are legally bound to collect VAT. If you change the currency
view of the website and change the delivery destination to a country that is not
one for which we collect VAT, then prices will be displayed without any such any
VAT / Sales Tax.
3.2 Where we charge separately
for packing, carriage and insurance and other relevant charges, the appropriate
rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 We will accept payments
taken through our secure payment gateway in the following currencies only: Pounds Sterling (£), United States
Dollar (USD $), Australian Dollar (AUD $), EURO (€).
4. Cancellation Policy
4.1 If you wish to cancel
your order prior to the goods being dispatched, please send an email to email@example.com
providing your order reference and your contact details stating that you wish to
cancel the order.
4.2 If the goods have already
been dispatched and you have not yet recieved them and you are in the European Union, please send an email
to firstname.lastname@example.org providing your order reference and your contact details
stating that you wish to cancel the order. You should then refuse to accept the
order on delivery (i.e. do not sign for the goods), otherwise you will have to bear
the cost of returning them to us and should refer to our Returns Policy. If you are outside the EU, we can not cancel your order at this
4.3 Should you have cancelled
your order in accordance with sections 4.1 or 4.2 of our Cancellation Policy, any
payment you have made to us will be refunded in full to the credit / debit card
used in the checkout process. This will normally be within 5 working days of your
notice of order cancellation, and no later than 30 days.
4.4 Customers in the European Union have the right to cancel an order
up to 7 working days after receiving the goods from us for any reason. Should you
wish to cancel under theses terms please refer to section 5.1 of our Returns Policy
5 Returns Policy
5.1.1 If you are a customer
in the European Union, you
may return any goods ordered from us up to 7 working days from the date you receive
such goods for any reason excluding frames that include a non-plano prescription lens (these are a customised product an are excluded under these terms). In such case any goods received in the order must be
returned 'as new', without any alteration, with all packaging and labels intact,
and at your cost. You should not return the goods until you have notified us by
emailing email@example.com providing your order reference, contact details
and requesting an RMA for returning goods under the Distance Selling Regulations.
If returning goods received damaged, faulty or under warranty the relevant subsections
of this policy below should be observed.
5.1.2 We will accept returns
from customers outside the European
Union for goods received damaged, faulty or under warranty conditions
5.2.1 If you receive damaged
goods upon delivery, you should notify us by emailing firstname.lastname@example.org
providing your order reference, your contact details and requesting an RMA number
within 5 working days of you receiving your order. You should also provide a short
description of the damage observed.
5.2.2 If you notice within
14 days of you receiving goods that they are faulty, and the goods have not been
altered in any way - for example by a dispensing optician - you should notify us
by emailing email@example.com providing your order reference, your contact
details and requesting an RMA number. You should also provide a short description
of the fault observed.
5.2.3 If after 14 days you
wish to return your items under warranty, you should notify us by emailing firstname.lastname@example.org
providing your order reference, your contact details and a brief description of
the fault. In many cases, manufacturers have their own warranty procedures in place
and this may be a quicker route in resolving warranty issues. If this is not the
case, we will organise an RMA for you.
5.3 When requested, we will
send an e-mail to you with your RMA number and instructions of where to return your
5.4 When sending goods back
to us you should use suitable packaging and use a carriage method with adequate insurance cover. You should also obtain a
certificate of posting and are strongly advised to use a carriage method where a
signature will be required upon delivery (please bear in mind that proof of postage
is not proof of delivery). Any goods returned to us are at your own risk.
5.5 All returns, for whatever
reason, will be inspected by qualified technicians.
5.5.1 If goods returned
to us under sections 5.2.1, 5.2.2 and 5.2.3 are found to be faulty / damaged, we
will repair or replace the item at our cost and reimburse your reasonable return
5.5.2 If goods returned
to us under sections 5.2.1, 5.2.2 and 5.2.3 are found to NOT be faulty / damaged,
we will return the goods to you, and in such instance you will be liable for the
5.5.3 For goods returned
under section 5.1.1, we will refund the credit / debit card you used in the checkout
process with the full amount you paid in your order. This will usually be within
5 working days of our receipt of your goods and no longer than 30 days
6.1 We aim to deliver goods
ordered through this website within 14 days from the time of our acceptance of an
order, but this may vary depending upon the goods being ordered and availability.
6.2 Prior to dispatch, we
will inspect your goods to ensure they are sent defect free. We will send an email
to the contact address provided during the checkout process when goods have been
6.3 We use the 'Royal Mail'
as our carrier, and a signature will be required upon delivery. The service used
is dependant upon the delivery location:
6.3.1 For mainland UK deliveries
the 'Special Delivery' service is used. Delivery should be expected the next working
day following dispatch notification.
6.3.2 For all other locations
the 'International Signed For' or 'Airsure' delivery service is used. Most EU countries
should expect delivery within 5 working days of dispatch notification. Other countries
should expect delivery within 8 working days
6.4 Should you not receive
your delivery after the timescales indicated in 6.3.1 or 6.3.2 please email email@example.com
with your order reference and contact details.
6.5 Should you fail to take
delivery of the goods and they are returned to us, you will be liable for the cost
of redelivery (unless you are an EU customer and have notified us of order cancellation
in compliance with section 4.2).
6.6 The cost of delivery
for goods is clearly given during the checkout process of the website, and can also
be found by reading the Delivery information provided elsewhere in this website.
6.7 Delivery outside of
the United Kingdom may be subject to other costs and taxes applicable at the country
of delivery. Should this be the case, you agree that you are liable for such costs.
7.1 You are permitted to
print and download extracts from this Website for your own use on the following
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear
in all copies.
7.2 Unless otherwise stated,
the copyright and other intellectual property rights in all material on this Website
(including without limitation photographs and graphical images) are owned by us
or our licensors. For the purposes of these terms and conditions, any use of extracts
from this Website other than in accordance with clause 7.1 above for any purpose
is prohibited. If you breach any of the terms in these terms and conditions, your
permission to use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1,
no part of this Website may be reproduced or stored in any other website or included
in any public or private electronic retrieval system or service without our prior
7.3 Any rights not expressly
granted in these terms are reserved.
8. Service Access
8.1 While we endeavour to
ensure that this Website is normally available 24 hours a day, we will not be liable
if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website
may be suspended temporarily and without notice in the case of system failure, maintenance
or repair or for reasons beyond our control.
9. Visitor Material & Conduct
9.1 Other than personally
identifiable information, which is covered under the
considered non-confidential and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images, sounds, text and
other things embodied therein for any and all commercial or non-commercial purposes.
9.2 You are prohibited from
posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other country in the world;
(d) which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data).
9.3 You may not misuse the
Website (including, without limitation, by hacking).
9.4 We will fully co-operate
with any law enforcement authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material in breach of clauses
9.2 or 9.3.
10.1 While we endeavour
to ensure that the information on this Website is correct, we do not warrant the
accuracy and completeness of the material on this Website. We may make changes to
the material on this Website, or to the products and prices described in it, at
any time without notice. The material on this Website may be out of date, and we
make no commitment to update such material.
10.2 The material on this
Website is provided "e;as is"e; without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, we provide
you with this Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the use of reasonable care
and skill) which but for these terms and conditions might have effect in relation
to this Website.
11.1 We, any other party
(whether or not involved in creating, producing, maintaining or delivering this
Website), and any of our group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill, data, contracts, use of money,
or loss or damages arising from or connected in any way to business interruption,
and whether in tort (including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked to this Website
or the material on such websites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or your downloading
of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms
and conditions shall exclude or limit our liability for (i) death or personal injury
caused by negligence (as such term is 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 applicable law.
11.3 If your use of material
on this Website results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
11.4 You agree to indemnify
us fully, defend and hold us, and our officers, directors, employees and agents,
harmless from and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and conditions by
you, or your use of this Website, or the use by any other person using your registration
12. Governing Law & Jurisdiction
12.1 These terms and conditions
shall be governed by and construed in accordance with English law. Disputes arising
in connection with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
12.2 We do not warrant that
materials/items for sale on the Website are appropriate or available for use outside
the United Kingdom. It is prohibited to access the Website from territories where
its contents are illegal or unlawful. If you access this Website from locations
outside the United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
14.1 You may not assign,
sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of
these terms and conditions is found by any court of competent jurisdiction to be
invalid, the invalidity of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.