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Terms & Conditions

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.

walters-opticians.com is 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: sales@walters-opticians.com.

1. Introduction

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 Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.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. Ordering

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 us.

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. Pricing

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 sales@walters-opticians.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 sales@walters-opticians.com 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 stage.

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. 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 sales@walters-opticians.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 only.

5.2.1 If you receive damaged goods upon delivery, you should notify us by emailing sales@walters-opticians.com 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 sales@walters-opticians.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 sales@walters-opticians.com 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 goods.

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 carriage costs.

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 return carriage.

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. Delivery

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 dispatched.

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 sales@walters-opticians.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. Licence

7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

(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 written permission.

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 Privacy Policy, any material you transmit or post to this Website will be 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 or inconvenience;
(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; or
(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. Disclaimer

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. Liability

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 details.

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. Miscellaneous

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.

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