DAVID CLULOW TERMS AND CONDITIONS OF PURCHASES
Any Order and subsequent purchase of Goods (as defined below) or services from David Clulow shall be governed by the following terms and conditions. Please read them carefully.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER
“David Clulow” is the under the trading name for LUXOTTICA RETAIL UK LTD, trading on the internet at www.davidclulow.com, on the telephone at 08000261962. “We” / “Us” / “Our” refers to David Clulow, “You” / “Yours” refers to the Customer.
UK company number: 02767938. VAT registration number: GB649787759. Registered office: Level 2 The Kensington Building, 1 Wrights Lane, London, United Kingdom, W8 5RY.
1. CUSTOMER OBLIGATIONS
By submitting your order to David Clulow 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 contact lenses and/or eyeglasses 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);
• You have had optical appliances prescribed by a qualified optometrist or dispensing optician and have previously worn such optical appliances in accordance with their instructions and without experiencing any problems with them
• You have ensured that the details you provided during the registration process on our website are complete and accurate and that any prescription details entered by you upon registration, or at any other time, match those issued to you by a qualified optometrist or dispensing optician.
• Your agreement to inform us immediately of any changes to the details you have provided to us during the registration process by updating your account through our website, via telephone or via e-mail. Failure appropriately to update your details will be a breach of the contract between you and us, and we cannot be held responsible for any loss or damage you suffer as a result of your failure to provide us with correct and up-to-date information.
• That the prescription relied upon by you when ordering from us has not expired and is not more than 24 months old.
• Consent to us contacting your prescribing optometrist or dispensing optician for the purposes of verifying your prescription details or obtaining a duplicate copy of your prescription. In the event that we are unable to verify your prescription to our satisfaction, you agree that we will not be bound to process your order and supply you with any optical appliances until such time that you have obtained a valid and up-to-date prescription from a qualified optometrist or dispensing optician.
• That you will speak directly to one of our opticians if you have any queries at all regarding your existing prescription, its validity and/or suitability for your current needs.
• It is your responsibility to check that the optical appliances you have ordered comply with the correct prescription. We accept no liability for injury or damage to eyes due to an incorrect order placed by you.
• That you are aware that our opticians are available on the phone at 8000261962, via email or in person at our designated office address Mon - Fri, 10am - 7pm to discuss your needs and requirements and that you will seek appropriate advice, as necessary, before placing any order(s) with us via our website.
2. ORDERS FOR GOODS
• Orders to David Clulow must be submitted via the web at www.davidclulow.com
• Submission of an Order represents an offer to purchase Goods from David Clulow, 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).
• Contact lenses and/or eyeglasses 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.
3. 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, David Clulow’s Dispensing Opticians have absolute discretion:
• to in exceptional circumstances arrange a free face to face consultation with customers;
• to request that you send us a copy of your written prescription;
• to contact directly, or request that you contact, the optician/optometrist who provided your prescription to verify and/or discuss your prescription;
• request that you obtain a new written prescription from your optician/optometrist.
4. PRICES AND PAYMENT
• Prices stated are inclusive of any Value Added Tax (VAT) that may be required to be remitted to tax authorities by David Clulow.
• We will use best endeavours to ensure the accuracy of the prices and price related information stated 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.
• The price you pay is a retail price as appearing in your basket. In certain territories where we sell, we are required to report part of the sale price to the relevant tax jurisdiction and pay that amount in tax. We do not adjust our prices depending on the sales tax suffered which varies from country to country. And we do not add tax to any amount shown in your basket.
• For customers located in the UK & Northern Ireland the prices of products shown on the website are correct and displayed in full.
• For customers located outside of the UK & Northern Ireland, including customers from the European Union, the gross price will remain the same. However, the customer may be subject to import taxes, customs duties imposed by the destination country. These charges can vary and are based on the price and type of item, package weight and dimensions, origin country, and the taxes, duties, and fees of the destination country. David Clulow isn’t responsible for any additional charges that may apply after a purchase is completed.
• The prices shown on our website do not include postage costs. The postage costs for your order will be shown to you at the time you make that order.
• We may change the advertised prices of services and goods displayed on our website at any time without liability or notice. Such price changes will not affect orders which have already been confirmed
5. 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 David Clulow or our courier is at fault, you will be offered the choice of a full refund or re-delivery.
6. RETURNS
• Please see our returns policy for full details on dealing with returns.
7. LIABILITY
• Our liability in connection with the purchase of any product from us is strictly limited to the purchase price of those goods. Although we take all reasonable steps to protect our systems and software against computer viruses, bugs, Trojan horses and/or other defects, we assume no liability and shall not be responsible for viruses or any other disabling features that affect your computer as a result of using our website, nor for any delays or failures you may experience in connection with, nor any modification, suspension or termination of our website.
• We shall only be liable for losses you suffer in connection with a breach of these Terms and Conditions which could be foreseen at the time when an order was placed. Foreseen is defined as where they could have been contemplated by both you and us acting reasonably.
8. COPYRIGHT AND TRADEMARKS
• The Site’s design, names, text, images, graphics, logo are all owned by, or licensed to, David Clulow. They may not be reproduced for any commercial or public purpose without the expressed consent of David Clulow.
• The “David Clulow” name or any other registered or unregistered trademarks displayed on the Site may not be used without the prior consent of David Clulow.
• These Terms and Conditions of Sales should be read in conjunction with David Clulow’s privacy policy. Your statutory rights are not affected.
9. YOUR RIGHT TO CANCEL
Under the United Kingdom’s Consumer Contracts Regulations, you have the right to cancel the contract for the purchase at any point from the time of ordering until fourteen calendar days after delivery. If we’ve already shipped your order, you’ll need to package the items and send them back to us.
To cancel your order, please email: [email protected] or call the customer service: 08000261962.
10. LAW AND JURISDICTION
These Terms and Conditions are governed by the law of England and Wales. Any disputes arising in connection with these Terms and Conditions shall be resolved before the courts of England and Wales.