|
|
 |
 |
 |
|
 |
Terms and Conditions of Use of Website (Terms of Use)
Thank you for visiting our website. Please read these terms and conditions carefully as they set out the terms of use on which you may make use of our website (www.eyecontact.co.uk) (Website) whether as a guest or registered user. By accessing and/or using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website
Information About Us
The Website is operated by Eyecontact (UK) Limited registered in Kingston upon Hull with company number 4610352 and its registered office at 650 Anlaby Road, Hull, HU3 6UU
1. General Provisions
1.1
These Terms of Use are applicable to any use of the Website.
1.2
The services provided under the Website are supplied by Eyecontact (UK) Limited and its subsidiaries, its ultimate holding company and its subsidiaries (Group).
2. Accessing our Website
2.1
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website, at any time and for any reason, without notice to you. We will not be liable for any reason if the Website is unavailable at any time or for any period.
2.2
From time to time, we may restrict access to some parts of our Website to users who have registered with us. Before you may place an order for the first time for any products advertised on the Website you must complete a registration. Each registration is for a single user only. Your account details can be updated at any time : see Terms and Conditions of Purchase.
3. Reliance on information displayed
3.1
Whilst we endeavour to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website. This does not affect our liability for death or personal injury arising from our negligence, nor for fraud or misrepresentation as to a fundamental matter or other liability that cannot by law be excluded.
3.2
Terms and conditions relating to the price and availability of products advertised on our Website are available at Terms and Conditions of Purchase. Please read the Terms and Conditions of Purchase carefully.
4. Buying goods through our Website
Contracts for the sale of goods formed through our Website are governed by our Terms and Conditions of Purchase. Please read the Terms and Conditions of Purchase carefully. Please understand that if you do not agree to the Terms and Conditions of Purchase, you will not be able to order any products from this Website.
5. Privacy and information about you and your visits to our Website
We process information about you in accordance with our Privacy Statement. By using our Website, you consent to such processing and you warrant that all personal information provided by you is accurate. Please read our Privacy Statement carefully.
6. Intellectual Property Rights Policy
6.1
We are the owner or licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
6.2
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by the Group unless you have first obtained a licence in writing from us or our licensors.
6.3
Use of the Website does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, the Group, including but not limited to the words and logos Eyecontact, Eyecontact Opticians, Reaction and any of the brands advertised on the Website.
6.4
You are permitted to download and print extracts from the Website for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Eyecontact (UK) Limited is strictly prohibited.
6.5
You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Eyecontact (UK) Limited.
7. Rules for use of content
7.1
You may not in any way commercially exploit any content obtained from the Website without the express written permission of Eyecontact (UK) Limited and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
8. Viruses, hacking and other offenses
8.1
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
8.2
By breaching Clause 8.1, you would commit an offense and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
8.3
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it or on any website linked to it.
9. Linking to our Website
9.1
You may link to our home page, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. Such linking must comply with our Intellectual Property Policy set out above in Clause 6. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link where your website contains content that is distasteful, offensive or controversial, infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
9.2
You must not establish a link from any website that is not owned by you.
9.3
Our Website must not be framed on any other website.
9.4
You may not create a link to any part of our Website except for the home page.
9.5
We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.
10. Links from our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
11. Changes to the Website
The Group reserves the right to make changes to the Website, policies and these Terms of Use for any reason and at any time. You will be subject to the Terms of Use in force at the time that you use the Website. You should check the Website from time to time to review the then current Terms of Use.
12. Indemnity
12.1
You agree to indemnify the Group from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms of Use, including the Intellectual Property Policy (set out above in Clause 6), or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
13. Disclaimers and Limitation of Liability
13.1
You agree that the Website, including the content, is provided free of charge. The Group will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
13.2
The Website is intended for use within the United Kingdom. The Group make no representation that any product referred to on the Website is appropriate for use, or available, outside the United Kingdom. Those who choose to access this site outside of the United Kingdom are responsible for compliance with local laws to the extent that local laws are applicable.
13.3
By using this Website, you consent to these Terms of Use and disclaimers, as defined by the Group. The Group reserves the right to change these Terms of Use and disclaimers and will publish a notice on the Website when that occurs.
13.4
The Group does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of Eyecontact, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
13.6
The Group will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, the Group cannot guarantee that the Website will be free from delays, interruptions or errors.
14. Waiver
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms of Use.
15. General
15.1
If any of these Terms of Use is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15.2
The Website is provided as is and the Group excludes all warranties, conditions and representations of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
16. Jurisdiction and applicable law
The Terms of Use shall be construed in accordance with English law. Disputes arising in connection with the Terms of Use or use of the Website shall be subject to the non-exclusive jurisdiction of the English courts.
Contacting us If you have any concerns about material which appears on our Website, please contact
Eyecontact Customer Service
T: 01482 645369
F: 01482 350688
E: enquiries@eyecontact.co.uk
Last updated 14 January 2010
© Copyright Eyecontact (UK) Limited 2010 All rights reserved.
Terms and Conditions of Purchase
Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Eyecontact makes all products advertised on this Website available to you.
Please read these Terms and Conditions of Purchase carefully before ordering any products from this Website. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Purchase. You should print a copy of these Terms and Conditions of Purchase for future reference.
Terms and Conditions of Use of Website
1. General Provisions
1.1
These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.eyecontact.co.uk, (the Website), any representations the Eyecontact retail outlet (Eyecontact) makes to you and to any agreements concluded between you and Eyecontact.
1.2
The services provided under the Website are supplied by Eyecontact (UK) Limited and its subsidiaries, its ultimate holding company and its subsidiaries (Group).
1.3
By placing orders through this Website you are offering to contract with the Group for the supply of healthcare products including (including prescription glasses, sunglasses, accessories and related products, (also described in these terms and conditions as goods or products)). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
2. Placing an order; acceptance of an order
2.1
The display of any items or promotions on this Website shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, when you complete the on-line order form. If your offer is accepted by Eyecontact this will result in a binding contract between you and us (Contract).
2.2
When you have submitted the order form you will receive an email from us acknowledging that we have received your order and confirming the details of your order (including the full details of the store with which you are contracting) and your order number. Your offer to purchase a product is accepted by Eyecontact when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
2.3
Payment will be processed after receipt of your order but prior to dispatch.
2.4
Eyecontact may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Eyecontact associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.
2.5
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.
2.6
If any goods ordered are not available, Eyecontact may offer you substitute products of equivalent quality and price. If Eyecontact is unable to offer substitutes or you do not agree to accept such substitutes Eyecontact shall reimburse your payment within 10 days of the date Eyecontact receives your order (Refunds Policy). The Contract will only relate to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
2.7
You can view the status of your order in the Your Account section of the Website.
2.8
Orders can only be accepted from residents in the United Kingdom (including the Channel Islands and Isle of Man) for delivery in the United Kingdom (or Channel Islands/Isle of Man).
3. Your Account
3.1
The Your Account facility enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.
3.2
When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at Your Account at any time.
3.3
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
4. Payment
4.1
Payment will be processed after receipt of your order but prior to dispatch.
4.2
The prices stated on the Website are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced.
4.3
We process payment by credit or debit card once you place an order with us. However, if you order contact lenses on their own without prescription glasses, payment will only be processed once your prescription is verified. Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure.
5. Your Obligations
A) All customers
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your optician or Eyecontact.
B) Prescription glasses and prescription sunglasses customers
(referred to throughout as prescription glasses)
By placing an order you are confirming that:
* i) you have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which you are ordering;
* ii) the data you provide to Eyecontact concerning the condition of your eyes corresponds to the data found on your current prescription.
* iii) you consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
* iv) you know of no reason why the prescription glasses which you are ordering would not be appropriate for you.
* v) you are not experiencing any discomfort with the prescription glasses you are currently prescribed to wear.
* vi) the order placed through this Website represents a request for prescription glasses by you, which fulfils the needs of you yourself and no other person.
* vii) you are aged 18 years or over.
* viii) you are legally capable of entering into binding contracts.
C) NHS voucher holders
You warrant that you hold a valid NHS optical voucher: please note you will need to bring this into the store as we.
6. Delivery and inspection of the goods
Please note: delivery can only be to valid addresses in England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands.
6.1
The status of your order may be viewed on the Website using the Your Account section by using your order number.
6.2
Delivery of products will be as follows:
Prescription glasses and prescription sunglasses will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Non-prescription glasses, accessories and other products will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
6.3
We aim to dispatch all products within 14 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Eyecontacts control, the overall delivery period should not exceed 30 days.
6.4
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7. Risk During Transport
7.1
Eyecontact shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
8. Warranty
8.1
Eyecontact warrants that the products to be delivered comply with the agreement between Eyecontact and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) (Warranty). However, Eyecontact may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you except where this caused by the negligence of Eyecontact, its directors, employees, affiliates or other representatives.
8.2
If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to Eyecontact. Please refer to the Returns Policy. You may request that Eyecontact replace the products concerned to the same specification/prescription at its cost (including delivery) instead of issuing a refund. The Warranty will not apply if a defect has arisen due to any improper use by you of the products, modified or attempted to modify them or used for purposes for which they are not intended.
9. Privacy
9.1
We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.
10. Cancellation Right
10.1
If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the Website within 7 working days following the day your order is delivered to you (the Return Period). To cancel the Contract please contact Customer Service (either by phone or email) to request a returns reference and the relevant returns address. Prescription glasses/ sunglasses can be returned to the Eyecontact store from where you collected them. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.
10.2
You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date you inform us of the wish to cancel and the date the product is returned by you to Eyecontact you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by Eyecontact, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.
11. Retention of Title
11.1
Eyecontact remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Article 10.1.
12. Liability
PLEASE CONTACT US AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE
12.1
Subject to Clause 12.5 and Clause 13, any liability of Eyecontact (whether in contract, tort or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
12.2
We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events (see Clause 13) or in verifying your prescription. Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
12.3
Without prejudice to the provisions set out above, Eyecontact will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
12.4
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
12.5
Eyecontact and the Group does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Eyecontact, its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
12.6
Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
13. Force Majeure (events outside of your or our control)
13.1
Neither Eyecontact nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc.
13.2
While a Force Majeure continues to operate, Eyecontact and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Eyecontact as terminated without further obligation to the other.
13.3
If Eyecontact has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Eyecontact will be entitled to charge you for that fulfilled part.
13.4
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Eyecontact shall return to you the amount paid.
14. Returns Policy
14.1 Refund / replacement
Eyecontact will issue a full refund or replacement of goods in all instances where:
* prescription glasses/sunglasses are supplied to the wrong prescription/specification. See Warranty in Clause 8.1
* products are supplied damaged
* products ordered by you (and which are confirmed by Eyecontact as available) either within 21 days of the dispatch date do not arrive at the delivery address
* products you have ordered are returned to Eyecontact as undeliverable by the postal service
* you exercise your cancellation right and you have canceled the Contract between us within the seven-day cooling-off period. Please see Clause 10
A refund or replacement will be issued to you following receipt by Eyecontact of the returned goods. Such refund or replacement will be provided within 30 days of the date the returned goods are received.
14.2 All returns (except undeliverable items)
You should report immediately to Customer Service in the event you wish to return the goods for any of the reasons set out in Clause 14.1. Eyecontact will issue you with a returns reference and advise you of the applicable returns address.
14.3
Please note that all returns (including where you exercise your cancellation rights) are to be returned with all component parts within 30 days of you receiving the goods. Please note the implications of Clause 14.6 that will apply for late returns.
14.4 Undeliverable items
If goods are returned to Eyecontact as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by Eyecontact of the goods, then a refund will be made within 30 days of that date
14.5 Postal charges
Eyecontact will pay the postal charge for goods returned under this Returns Policy.
14.6 Late returns
If we do not receive the returned goods within 35 days of your cancellation, we will make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation you will be deemed to have accepted the goods. At this point a new purchase contract will arise and you will be charged the order price for the goods.
14.7
Eyecontact may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.6.
14.8 Refunds
Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same payment details as supplied to pay for the goods. Eyecontact reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
15. Intellectual Property Rights
You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of Eyecontact (UK) Ltd. See our Intellectual Property Rights Policy at General Terms and Conditions of Use of Website which apply to all trademarks and copyright material.
16. Changes to the Terms and Conditions of Purchase
You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
17. Waiver
17.1
If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3
No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
19. Written Communications
19.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.2
All notices given by you to us must be given to Eyecontact Customer Service at enquiries@specsavers.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
20. Transfer of Rights and Obligations
20.1
The Contract between you and us is binding on you and us and on our respective successors and assigns.
20.2
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
20.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
21. Entire Agreement
21.1
Eyecontact intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Customer Service.
21.2
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.
21.3
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. Jurisdiction and applicable law
The Terms and Conditions of Purchase and the Contract shall be construed in accordance with English law. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Contacting us
If you have any comments or concerns about material which appears on our Website, please contact:
Eyecontact (UK) Ltd
T: 01482 645369
E: enquiries@eyecontact.co.uk
Registered Office
650 Anlaby Road
Hull
East Yorkshire
HU3 6UU
Registered in Kingston upon Hull
Registration No 4610352
Last updated 14 January 2010
© Copyright Eyecontact (UK) Limited 2010 All rights reserved. See our Intellectual Property Rights Policy at General Terms and Conditions of Use of Website which apply to all trademarks and copyright material.
|
|
|
|
|
|
 |
|
 |
|
|
|
