MyOptique Terms and Conditions

TERMS AND CONDITIONS

MYOPTIQUE TERMS AND CONDITIONS OF SUPPLY

Any Order and subsequent purchase of Goods (as defined below) or services from MyOptique shall be governed by the following terms and conditions. Please read them carefully. View the MyOptique quality statement. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. In these Conditions: "MyOptique" is the trading name for MyOptique Group Limited, trading on the internet at www.myoptique.com, on the telephone at 08456 882020 and by mail order to Gemini House, Hargreaves Road, Groundwell, Wiltshire, SN25 5AZ. "We" / "Us" / "Our" refers to MyOptique, "You" / "Yours" refers to the Customer UK company number: 05139004. VAT registration number: 123 3377 37, Registered office: 5th Floor Alder Castle, 10 Noble Street, London, EC2V 7QL. Trading office: Gemini House, Hargreaves Road, Groundwell, Wiltshire, SN25 5AZ.

Customer Obligations

By submitting your order to MyOptique you confirm: You are aged 16 or over and are not registered blind or partially sighted; You are in possession of a written prescription for your spectacles that has been given to you by a suitably qualified person in the last 24 months (or 12 months if you are aged 70 or over); and You will supply accurate details of your current prescription (including any notes on the prescription) when requested. Orders to MyOptique must be submitted either via the web at www.myoptique.com, or by telephone on 08456 882020. Submission of an Order represents an offer to purchase Goods from MyOptique, and we 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). Prescription Glasses orders are only accepted by us once your payment has been processed and they have been reviewed and authorised by a Dispensing Optician. In the case of the non prescription goods, your order is accepted once the required payment has been accepted or when the relevant goods are shipped, whichever occurs first. We will confirm acceptance of your Order via email or verbally.

Limitations of Supply

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. On the advice of our Dispensing Opticians, we have absolute discretion as to whether or not to accept your Order. If considered necessary or appropriate before an Order is accepted, MyOptique's Dispensing Opticians have absolute discretion: to contact you to discuss your Order, provide advice and/or arrange a free face-to-face consultation with you; 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.

Prices and Payment

Prices stated are inclusive of any Value Added Tax (VAT) that may be required to be remitted to tax authorities by MyOptique. We will use best endeavours to ensure the accuracy of the prices and price related information stated in our current catalogue and on the Site. However we cannot guarantee that we will not make a mistake and misprice an item inadvertently. If this is the case, the Dispensing Optician reviewing and authorising your Order will notify you of the error before your payment is processed. You will then have the choice to either accept the correct price or to cancel your Order. Payments can be made through credit/debit card or PayPal. Debit and credit card payments may be subject to AVS checks, if payments are not confirmed by the card issuer or fail these checks, dispatch may be delayed. It is therefore imperative that billing details are accurately entered. All payments are checked before dispatch, dispatch can occasionally be delayed if/when payments are investigated further. Where payment details are different to the billing address the order may be subject to enhanced security checks which can occasionally slow down dispatch.

Delivery and Carriage

We will make reasonable endeavours to ensure your Goods are dispatched to you as quickly as possible after placing your order. You will be notified by email at the time your Goods are dispatched. Delivery of the Goods will be made to the address provided by you at the time you placed your Order. 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 MyOptique or our courier is at fault, you will be offered the choice of a full refund or re-delivery.

Returns (of Goods)

Please see our returns policy for full details on dealing with returns.

Promotional Offers & Vouchers

MyOptique reserves the right to change any offer at any time without prior notice. Offer applies between the dates stated (if applicable) only at myoptique.com. Where applicable details will be available on the offer media or at checkout. Promotional offers may not be used for adjustments on previous purchases. Some offers may be subject to a minimum spend. Where applicable details will be available on the offer media or at checkout. A offer discount code cannot be used in conjunction with any other discount codes, unless stated. Third Party Vouchers (such as Groupon vouchers) may be subject to additional terms, which will be detailed at the time of purchasing the voucher and on our site.

Copyright and Trademarks

The Site's design, names, text, images, graphics, logo are all owned by, or licensed to, MyOptique. They may not be reproduced for any commercial or public purpose without the expressed consent of MyOptique. The "MyOptique" name or any other registered or unregistered trademarks displayed on the Site may not be used without the prior consent of MyOptique. These Terms and Conditions of Sales should be read in conjunction with MyOptique's Privacy Policy. Your statutory rights are not affected. For more information about your statutory rights, please visit the Department of Trade and Industry's Consumer Gateway website at: www.consumerdirect.gov.uk.

Your right to cancel

Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase at any point from the time of ordering until seven working days after delivery. If we've already shipped your order, you'll need to package the items and send them back to us. Click here for the relevant return addresses.

If we don't receive the item back from you, we may arrange for collection of the item from your residence at your cost. We will refund the relevant part of the purchase price for that order as soon as possible, and in any case within 30 days after we receive your notification.

MyOptique Group Limited

SITE TERMS OF USE FOR WWW.MYOPTIQUE.COM (THE "SITE")

Your access to, and use of, the Site constitutes your acceptance, without limitation or qualification, of these Terms of Use. If you have any questions about the Terms of Use, please Contact Us.

WHO RUNS THE SITE?

Thank you for accessing the Site which is owned and operated by MyOptique Group Limited, a company incorporated in England (registered number 05139004), having offices at Gemini House, Hargreaves Road, Groundwell, Wiltshire, SN25 5AZ and trading under the name www.myoptique.com ("MyOptique").

WHO MAY USE THE SITE?

The Site is for visitors who wish to find out more about MyOptique and for private consumers who wish to purchase MyOptique's products ("you") using this Site. You should read these Terms of Use in conjunction with the Privacy & Cookie Policy, which is incorporated in these Terms of Use by reference.

YOUR RIGHT TO USE THE SITE

Subject to these Terms of Use, MyOptique grants to you a right to access the Site for the purposes of viewing the website and making purchases on the Site. You may only use the Site for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Placement of an order via the Site will not result in a binding contract until the goods are dispatched to you by MyOptique. MyOptique uses reasonable endeavours to ensure the accuracy of the prices and price related information stated on the Site, but cannot guarantee that you will not encounter a mispriced item. If an item is mispriced, MyOptique will contact you and give you the choice to accept the correct price or to cancel the order.

CHANGES TO THE TERMS OF USE

MyOptique reserve the right, at its sole discretion, to change, add to or delete any or all of these Terms of Use at any time without prior notice, and will post these changes on the Site. Your continued use of the Site after such changes have been posted will constitute your acceptance of those changes. Additional Terms of Use You agree to abide by all additional terms of use displayed in the Site, as they may be updated from time to time. In case of differences or discrepancies between these Terms of Use and the terms governing such specific parts of the Site, the latter shall prevail in respect of your visit to the relevant specific parts of the Site only.

COPYRIGHT

The Site's design, names, text, images, graphics, logo and the arrangement of the same ("the Materials") are all owned by, or licensed to, MyOptique or otherwise used by MyOptique as permitted by applicable law. The Materials may not be reproduced for any commercial or public purpose, republished, posted, broadcast, distributed or transmitted by you, or provided by you to any third party without the express written consent of MyOptique.

TRADEMARKS

Except as expressly provided in these Terms of Use, MyOptique does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, and you must not use the "MyOptique" name or any other registered or unregistered trade marks displayed on the Site without the prior written consent of an authorized officer of MyOptique.

NO WARRANTY

MyOptique is providing the Site and its contents on an "as is" and an "as available" basis, without any representation or warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, merchantability or title in relation to the Site. For the avoidance of doubt, this exclusion does not apply to goods sold via the Site. The content of the Site may contain inaccuracies and typographical errors. MyOptique tries to ensure, but cannot guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. Any of MyOptique information or other content contained within the Site is correct to its knowledge, but MyOptique accepts no responsibility for any errors or omissions therein. MyOptique reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice. MyOptique does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. MyOptique does not assume any responsibility or risk for your use of the Internet.

THIRD PARTY SITES AND CONTENT

As a convenience to you, MyOptique may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ("Third Party Content"). If you use these sites, you will leave the Site. If you decide to visit any linked site or decide to use any of the Third Party Content, you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. MyOptique is not a publisher of any such content. Such Third Party Content and all information contained on the linked sites contain the views, opinions, statements, offers, and other material of the respective users, participants or authors. MyOptique makes no warranty or representation regarding, and does not endorse, any linked sites, any Third Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that MyOptique, or any of the Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trade mark, trade name, logo, or copyright symbol of MyOptique or any of its affiliates or subsidiaries.

INFORMATION YOU SUBMIT TO THE SITE

All information MyOptique asks you to submit to the Site will be treated in accordance with the Privacy & Cookie Policy. Please note, MyOptique will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that MyOptique have obtained through your use of the Site. All information you submit to the Site, whether solicited or unsolicited will not be regarded as confidential.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, MyOptique, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise. Nothing in these Terms of Use shall prevent you from claiming for loss suffered pursuant to contracts between you and MyOptique for sale of goods in accordance with the Terms and Conditions of Supply.

CHANGES TO THE SITE

MyOptique may terminate, change, suspend or discontinue any aspect of the Site at any time. MyOptique may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. MyOptique reserve the right to terminate your secure log-in and suspend your access to secure areas of the Site upon becoming aware that you have breached these Terms of Use.

NO WAIVER

No waiver by MyOptique of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by MyOptique of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of England. The courts of England are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.

SEVERABILITY

If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms of Use are intended to be effective, then to the extent that, and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.