These terms and conditions (the “Terms and Conditions”) govern the use of www.eyeexpress.co.uk (the “Site”).

This Site is owned and operated by Eye Express. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Eye Express and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 16 years old. By using this Site, users agree that they are over 16 years old. We do not assume any legal responsibility for false statements about age.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

– Glasses.

We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

– Credit Card; and

– Debit.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

– Standard delivery by post. Delivery takes 7 – 10 working days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected.

Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and bank holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:

– Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;

– Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or

– Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at Info@eye-express.co.uk or by post at 909 Walsall Road Great Barr Birmingham B42 1TN. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.

The right to cancel does not apply to:

– Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;

– Custom or personalised goods;

– Goods that will deteriorate or expire rapidly;

– Alcoholic beverages where the price has been agreed upon at the time of purchase, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market that we cannot control; and

– Newspapers, magazines, or periodicals, except for subscriptions to such publications.

Effects of Cancellation

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Refunds

Refunds for Goods

Refund requests must be made within 14 days after receipt of your goods.

Refunds do not apply to the following goods:

– Any goods damaged by customer.

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure:

Please return the glasses in the same condition they were received, using protective packaging, to 909 Walsall Road Great Barr Birmingham B42 1TN. Please return using your nearest post office and pay the necessary postage.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Eye Express and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Eye Express and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of England.

Additional Terms

– Submission of Order

By Submitting your order to Eye Express:

You must be in possession of and be able to supply to us a written valid up to date prescription which is legible. You must also be able to provide any further information that we reasonable request to ensure that we are supplying you with a correct pair of spectacles.

You are not partially sighted or blind.

You are over 16 years old;

– Late or Non delivery

If your Goods are not delivered safely within a reasonable number of days of you receiving notification of dispatch, you should contact us. Customers should promptly inspect goods delivered to them to satisfy themselves that any goods delivered to them are as expected.

In the case of non delivery, if either Eye Express or our courier is at fault, you will be offered the choice of a full refund or re-delivery.;

– Zero Tolerance Policy

Eye Express have a Zero Tolerance Policy that protects our staff from any abusive behaviour and language when interacting with our customers. This includes offensive language, racist or sexist comments, or any other derogatory behaviour. Such incidents are seldom, however, under the approval of our management team this policy will be applied where considered necessary to protect our staff.

Our policy will always allow for fair warning if such behaviour occurs, however in the continuation of any such behaviour detailed within our policy, we reserve the right to block customers from speaking to our staff (via any contact channel) and/or placing future orders

with Eye Express.;

– No warranty on availability of goods

We will make a reasonable effort to ensure that all Orders are fulfilled; however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, we will attempt to contact you to give you a choice to receive an alternative or a refund. If we are unable to contact you, your Order will be cancelled and you will be given a full refund.

We have absolute discretion as to whether or not to accept your Order.

If considered necessary or appropriate before an Order is accepted we have absolute discretion:

to request that you send us a copy of your written prescription; to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription; to request that you obtain your pupillary distance measurement from your optician; or

request that you obtain a new written prescription from your optician.

If the requested information can’t be provided or our attempts to reach you do not receive a reply within 30 days, your Order will be cancelled and refunded.; and

– Delivery Times

Delivery times may vary, the majority of single vision orders are shipped within 7-10 working days from order date, though during busy times this may extend up to 14 working days. However please note that all time-scales are dependent on prescription complexity as well as additional extras chosen, such as lens coatings.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be

inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

01213 567115

Info@eye-express.co.uk

909 Walsall Road Great Barr Birmingham West Midlands B42 1TN