"Iris Optical" means Iris Optical Limited (Company No. 08653405), registered and having offices at 6 Maguire Street, London, SE1 2NQ
and trading under the name www.irisoptical.co.uk.
"Goods" means those products made available by Iris Optical that you wish to purchase, as indicated in your Order.
"Order" means orders placed in accordance with the provisions of Section 3.1.
"Site" means the website owned and operated by Iris Optical with URL address http://www.irisoptical.co.uk.
2.1 By submitting your Order you warrant, represent and undertake:
2.1.1 that you are aged 16 or over and are not registered blind or registered partially sighted and are not ordering on behalf of another person;
2.1.2 that you are in possession of a written prescription for your spectacles or contact lenses, and that such prescription has been given to you by a registered medical practitioner or registered optometrist ("your optician") following the testing of sight by him or her within the last twenty-four months if you are under 70 years old, or within the last twelve months if you are aged 70 or over or wish to order contact lenses, and that any recommended retest date has not elapsed;
2.1.3 if sending Iris Optical your existing spectacles to be copied, that the spectacles sent to Iris Optical are made to your written prescription referred to in Clause 2.1.2;
2.1.4 to supply your current prescription (including any notes on the prescription) or a copy of your original prescription or details of the date and location of your last sight test when requested;
2.1.5 that you know of no reason why the Goods may not be suitable for your requirements;
2.1.6 if you have worn spectacles before and have experienced any problems with the spectacles, to provide us with accurate and complete details of such problems; if you have worn contact lenses before and have experienced any problems with the contact lenses, to provide us with accurate and complete details of such problems;
2.1.7 to provide any details reasonably requested by Iris Optical to confirm that you are eligible to purchase the Goods;
2.1.8 that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than your own personal use;
2.1.9 that you are the authorised holder of any credit/debit card you may use on the Site.
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site;
3.1.2 by telephoning Iris Optical on 020 7407 7951; or
3.1.3 in person at one of our stores.
3.2 Your submission of the Order, whether submitted via the Site, by telephone or in-store represents an offer to purchase the Goods from Iris Optical. Iris Optical may confirm receipt of this offer via email (if the Order is placed via the Site) or verbally (if the Order is placed via telephone or in-store). Any confirmation of receipt of the Order will not constitute an acceptance by Iris Optical of your Order.
3.3 There will be no binding contract between you and Iris Optical for the supply of Goods until the Goods have been dispatched to you by Iris Optical or collected by you or a representative appointed by you from one of our stores.
3.4 You may change your Order at any time up until custom lenses have been ordered for you by Iris Optical or the Goods are dispatched to you by Iris Optical or collected by you or a representative appointed by you from one of our stores by contacting Iris Optical by email, telephone, fax or in person at one of our stores.
3.5 Orders involving custom lenses or frames cannot be cancelled once these have been ordered for you by Iris Optical since once ordered by Iris Optical these cannot be returned to their manufacturer. Although we will always attempt to complete your Order within a specfied timescale, failure to do so does not constitute fair reason for cancellation due to deliveries from external suppliers for custom products being outside of our control.
4.1 Iris Optical shall make every effort to ensure that all Orders are fulfilled, however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, Iris Optical will contact you to give you a choice to receive a replacement or a refund.
4.2 Iris Optical has absolute right to refuse acceptance of any Order.
5.1 The price payable by you for the Goods (subject to Clause 5.2) shall be the price stated on the Site or quoted by telephone or in-store at the time your Order is placed in accordance with these Terms and Conditions.
5.2 All prices stated include VAT where applicable. Included in the price displayed on our Site or quoted by telephone or in-store is an optician's dispensing fee (VAT exempt) which comprises 48% of the sale price for prescription spectacles and 40% of the sale price for contact lenses; this will be displayed separately on your receipt for your information once your order has been accepted and completed.
Delivery of the Goods shall take place at the time the Goods first arrive at the delivery address or are collected by you or by a representative appointed by you from one of our stores.
7.1 Upon delivery of the Goods you must inspect them carefully. If any of the Goods do not match the description or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact us by telephone or email or in person at one of our stores and inform us of the problem.
7.2 You must notify Iris Optical immediately if there are any defects in the Goods which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
7.3 If the Goods are defective on delivery, Iris Optical shall at its absolute discretion repair or replace such Goods or give a refund.
8.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited.
8.2 Subject to Clauses 8.1, the total liability of Iris Optical to you in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Iris Optical for the Goods to which the Order relates.
8.3 Subject to Clause 8.1, Iris Optical shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
8.4 Subject to Clause 8.1, Iris Optical shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Iris Optical has been advised of the possibility of such loss or damage.
8.5 Subject to Clause 8.1 Iris Optical shall not be liable to you where the loss or damage results from information provided by you that is inaccurate, false or misleading or that otherwise results from a breach by you of these Terms and Conditions.
8.6 Subject to Clause 8.1, Iris Optical accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
11.1 In the interpretation of these Terms and Conditions:
11.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement; and
11.1.2 "including" means including without limitation and includes shall be construed accordingly.
11.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.
11.3 The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.
11.4 These Terms and Conditions and any relevant Order accepted by Iris Optical constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in Iris Optical's sales literature) and, subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant Order accepted by Iris Optical. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of Iris Optical and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by Iris Optical with you in writing.
11.5 Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order on any occasion shall not be deemed a waiver of such rights.
11.6 If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.
11.7 These Terms and Conditions and any relevant Order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.
© Iris Optical Limited 2013. All Rights Reserved.