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These Terms and Conditions set out all of the rights and obligations which apply between the Company “Fashion Specs Direct Limited” (hereinafter referred to as the “Seller”) and you as our customer (hereinafter referred to as the “Buyer”).

Fashion Specs Direct Limited is a company registered in the United Kingdom with number 5986776 whose registered office is at 61, Rodney Street, Liverpool, L1 9ER

By using this site Buyer agrees to be bound by these Terms and Conditions to the exclusion of all other Terms and Conditions. The terms and conditions herein, constitute the entire Contract between the parties and supersede all previous communications, whether oral or written. Any change to this Contract may be made only upon mutual agreement of the parties in writing.
 
           
 

1.OFFER/ACCEPTANCE

       

Fashion Specs Direct Limited offers to sell and deliver the products and services specified herein in accordance with the terms and conditions hereof. THIS OFFER EXPRESSLY LIMITS ACCEPTANCE TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY THE BUYER ARE HEREBY OBJECTED TO AND REJECTED UNLESS EXPRESSLY ASSENTED TO IN WRITING BY SELLER.

2.CANCELLATION, RESCHEDULING, RETURNS, AND MODIFICATIONS

Any request for order cancellation, rescheduling, return, or modification must be made in writing and such action must be approved in writing by  Fashion Specs Direct Limited.  The Seller will accept returns at Buyers expense within 30days of shipment. Any out of pocket expenses incurred (including but not limited to P&P costs, handling costs, insurance if any) shall become the responsibility of the Buyer.

We reserve the right to cancel the contract if:

  • Sellers stock is insufficient to deliver the goods ordered and buyer is unable to wait for replenishment of stock.
  • Seller is unable to arrange delivery via established carrier.
  • Prices quoted were inaccurate, even if caused by seller’s error. Seller will promptly notify Buyer of situation and Buyer shall have sole discretion whether to accept or reject the amended price.
  • Buyer has made previous claims, assertions or notifications of damages against Seller.
3.BUYERS OBLIGATIONS

Buyer hereby warrants that he/she has read and expressly accepted these terms and conditions, and by placing an order specifically certifies that:

  • The Buyer is 18 years of age or over;
  • The Buyer is not partially sighted or registered blind;
  • The prescription provided has been issued to you personally by a registered Optometrist, registered Ophthalmic Optician or registered medical practitioner following an eye test undertaken by him or her within the last two years.

Please note that we will not fulfill orders for the following:

  • Lenses of 6 dioptre spheres or more ; or
  • Lenses where the sphere added to the cylindrical value equals 8 diopters or over; or
  • Varifocal or progressive lenses.
 
4. PUPILLARY DISTANCE

The pupillary distance ('PD') is the distance, measured in millimetres, from the centre of one pupil to the centre of the other.

If you do not provide such a measurement when ordering, we will use an appropriate average pupillary distance to complete your order.

By placing an order with us you agree to us using an average PD of 64mm for male distance prescriptions and 62mm for female distance prescriptions. This value will be adjusted accordingly for reading to 61mm for male prescriptions and 59mm for female prescriptions.

 

5. PRICE AND PAYMENT

The price payable for the goods you order is as set out on our website at the time you place your order plus any charges for lens extras, postage & packing and insurance as applicable.
We must receive full payment for the goods you order and any applicable charges for postage, packing and insurance, before your order can be processed. All goods must be paid for in full prior to dispatch.

All prices and delivery costs displayed on the Website are quoted in pounds Sterling. We make every effort to ensure that the prices shown on our Website are accurate. However, in the unlikely event that a price on our Website is incorrect, we are not obliged to serve you at that price. Fashion Specs Direct Limited shall notify you of the misprice and of the actual selling price prior to dispatching your order. We will offer you the choice to confirm your order at the alternative price; you shall be entitled to cancel your order at this point.

Fashion Specs Direct Limited reserves the right to change the prices at any time prior to accepting any order from you without prior notice. All prices quoted on our Website are inclusive of Value Added Tax ("VAT") where applicable, unless otherwise stated but do not include delivery charges that shall be charged at the rates applicable at the time of placing your order. The delivery charges are explained on our Delivery page.


       

6. DELIVERY

Delivery will be to the delivery address stated on the order form. Method of delivery will be via standard Royal Mail packetpost, and the packages we use fit through most letterboxes, with glasses packaged in an appropriate hard case. Our delivery terms and expected times are further set out HERE.

Dates specified for delivery are an estimate only. Time for delivery is not guaranteed. Seller will not be liable for any expenses incurred howsoever caused due to failure to receive goods or otherwise once goods have been dispatched.

Buyer shall be responsible for making all claims with carriers, insurers, warehousers and others for non-delivery, loss, damage or delay. All claims for damages to the product or shortages must be made within thirty (30) days of shipment.

Delivery will normally be up to 28 days following acceptance of an order by Fashion Specs Direct.

Where more than one pair of glasses has been ordered, they may be dispatched in separate shipments.

7. AVAILABILITY OF GOODS

All goods which you may order on the website are ordered subject to availability and Fashion Specs Direct Limited reserves the right to withdraw certain goods at any time without notice. Whilst we will make every effort to have adequate stock of goods available, occasionally we may be unable to fulfill your order. If we are unable to fulfill an order (in whole or in part) we will advise you of this by email or phone. You will then be given the opportunity to cancel your order and we will refund your card account (or however paid) with the full cost of those items. Fashion Specs Direct Limited reserves the right to discontinue supplies of goods at any time and excludes all liability in respect of any claim arising from you or any third party caused directly or indirectly by such discontinuance.  

  

8. RECEIPT OF GOODS

Buyer should undertake a careful inspection of the goods upon receipt. If on inspection they appear to be defective in material or workmanship, the Seller undertakes at its discretion to replace, repair or refund to the Buyer the price of the goods. In no circumstances will liability exceed the cost of replacement or the price paid by you for the goods.

If the Goods or any part thereof are damaged or lost while in the custody of a carrier, the Seller will, at its sole option, either replace such Goods or part thereof, or refund to the Buyer the cost or price of the same.

Any Goods returned to the Seller and replaced by the Seller shall be the property of the Seller.

The Seller's liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Goods and, save as provided in this clause, the Seller shall not be under any liability, whether in contract tort or otherwise, in respect of defects or injury.

The Sellers liability is limited to a full refund. This does not affect your statutory rights as a consumer.

9. ERRORS

The Seller shall not be liable for any errors made by the Buyer or third parties when supplying or entering prescription details.

10. ONLINE VOUCHERS/INVITATION CODES

Where customers have been granted a discount code for use against their order, it may only be used against frames bought with prescription lenses.

Fashion Specs Direct Limited issues such codes to targeted groups or individuals for marketing purposes and such codes are not intended for general use. Therefore, in the event that Fashion Specs Direct Limited suspects misuse of any codes, it reserves the right to cancel the code used in that particular customer order. The customer will then be given the opportunity to cancel their order and we will refund your card account (or however paid) with the full cost of those items.

11. GOVERNING LAW

This Contract is made in, governed by and shall be construed in accordance with the laws of The United Kingdom. If the products purchased hereunder are purchased by a Buyer residing in a country other than the United Kingdom, then the parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from this Contract. .

12. WARRANTY

Seller warrants that each product will be free of defects in materials and workmanship, and conform to specifications set forth in published data sheets (Please note that representations and photography on Sellers site is for information purposes only. Due to limitations in the media, goods may in some cases appear to be different due to colour and form. Seller has made best efforts to make images appear as close as possible, but cannot be held responsible for cosmetic differences), for a period of one (1) year. The warranty commences on the date the product is shipped Seller. Seller’s sole liability and responsibility under this warranty is to repair or replace any product which is returned to it by Buyer and which Seller determines does not conform to the warranty. Product returned to Seller for warranty service will be shipped to Seller at Buyer's expense and will be returned to Buyer at Seller’s expense. In no event shall Seller be responsible under its warranty for any defect which is caused by negligence, misuse or mistreatment of a product or for any unit which has been altered or modified in any way. The warranty of replacement products shall terminate with the warranty of the product.

13. WARRANTY DISCLAIMER

2
SELLER’S EXPRESS WARRANTY TO BUYER CONSTITUTES SELLER’S SOLE LIABILITY AND THE BUYER'S SOLE REMEDY WITH RESPECT TO THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, LIABILITIES AND REMEDIES. EXCEPT AS THUS PROVIDED, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

14. FORCE MAJEURE

Seller shall not be liable for any loss or damage resulting from any delay in delivery or failure to give notice of delay when such delay is due to any cause or event beyond Seller’s control, including, without limitation, acts of nature, unavailability of supplies or sources of energy, riots, wars, fires, strikes, labor difficulties, delays in transportation, delays in delivery or defaults Seller’s vendors, or acts or omissions of the Buyer. In the event of delay due to any such cause, time for delivery shall be extended for a period of time equal to the duration of such delay and the Buyer shall not be entitled to refuse delivery or otherwise be relieved of any obligations as a result of the delay

15. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO ANY CAUSE WHATSOEVER

16. INTELLECTUAL PROPERTY 

All Intellectual Property rights, including, but not limited to copyright, design rights and trade marks displayed on or contained in this website are our property.

No forbearance or indulgence shown or granted by the Seller to the Buyer shall in any way effect or prejudice the right of the Seller against the Buyer or be regarded as a waiver of these conditions

17. TERMINATION

These Terms and Conditions govern all communications and transactions between you and us. If you no longer agree to be bound by these Terms and Conditions, you must immediately cease use of the site.

To the fullest extent permitted by law, we reserve the right to suspend or deny at our sole discretion, access to all or any portion of this website without notice. Any withdrawal of access to this website will be effective without prior notice and we may immediately deactivate or delete your account and all related information and files. We shall not be liable to you or any third party for withdrawal of access to this website.

18. NOTICES

All notices from you must be in writing and sent to Fashion Specs Direct Limited at 4, Newlyn Close, Wirral, CH47 7AT.

19. MISCELLANEOUS

These Terms and Conditions, together with our privacy policy, represent the whole of the agreement relating to the supply of goods to you by us.

No written or verbal communication by any member of our staff should be taken to be a variation of these Terms and Conditions or a representation regarding the quality of any goods offered for sale. We will not be liable for any such representation being untrue or misleading, save for fraud or fraudulent misrepresentation.

       
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