Eyedezigns Terms & Conditions Terms and conditions for the supply of goods through a website-business
to consumer
1- The contract between us
We must
receive payment of the whole of the price for the goods
that you order before your order can be accepted. Once
payment has been received by us we will confirm that
your order has been accepted by sending an email to you
at the email address you provide in your order form.
Our acceptance of your order brings into existence a
legally binding contract between us.
2- Our right to refuse your order
2.1 We reserve the right to refuse
to accept your order for any reason including, without
limitation and whether or not payment has been received
by us, if:
2.1.1 we have insufficient stock to deliver the goods you have ordered;
2.1.2 we do not deliver to your area; or
2.1.3 one or more of the goods you ordered was listed at an incorrect
price due to a typographical error or an error in the pricing information
received by us from our suppliers.
2.2 If we do refuse your order we will notify you by e-mail and will
re-credit to your account any sum deducted by us from your credit card
as soon as possible but in any event within 30 days of your order.
We will not be obliged to offer any additional compensation for disappointment
suffered.
3- Price
3.1 The prices payable for goods
that you order are as set out in our website.
3.2 You may be required to pay extra for delivery and it might not
be possible for us to deliver to some locations. Our delivery charges
are set out in our website for orders outside the UK, UK postage is
free.
4- Right for you to cancel your contract
4.1 You may cancel your contract
with us for the goods you order at any time up to the end
of the seventh working day from the day after the date
you receive the ordered goods. You do not need to give
us any reason for canceling your contract nor will you
have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you have received the goods before you cancel your contract
then you must send the goods back to our contact address at your own
cost and risk. If you cancel your contract but we have already processed
the goods for delivery you must not unpack the goods when they are
received by you and you must send the goods back to us at our contact
address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are canceling your contract,
any sum debited to us from your credit card will be re-credited to
your account as soon as possible and in any event within 30 days of
your order.
4.5 If you cancel the contract but do not return the goods to us in
the condition they were in when delivered to you or do not pay the
costs of delivery, we shall be entitled to deduct the direct costs
of recovering the goods from the amount to be re-credited to you.
4a - Refund Policy / 21 day Guarantee
Our guarantee is valid from the date of purchase
via the eye dezigns website, for 21 days. If the sunglasses
are faulty or unhappy with them just send them back and
we can give you a refund exchange for another pair. Items
mustl be sent back with shipping cost paid for by the
consumer.
5- Delivery of
goods to you
5.1 We will deliver the goods
ordered by you to the address you give us for delivery
at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted
and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they
have been delivered to you. Once goods have been delivered to you they
will be held at your own risk and we will not be liable for their loss
or destruction.
6- Liability
6.1 If the goods we deliver are
not what you ordered or are damaged or defective or the
delivery is of an incorrect quantity, then (except where
you are dealing as a consumer within the meaning of the
Unfair Contract Terms Act 1977) we shall have no liability
to you unless you notify us in writing at our contact address
of the problem within 10 working days of the delivery of
the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the
date on which you ordered them, then (except where you are dealing
as a consumer) we shall have no liability to you unless you notify
us in writing at our contact address of the problem within 40 days
of the date on which you ordered the goods.
If you notify a problem to us under this condition then at your option
we will either:
6.2.1 make good any shortage or non-delivery;
6.2.2 replace or repair any goods that are damaged or defective; or
6.2.3 refund to you the amount paid by you for the goods in question
in whatever way we choose.
and (except where you are dealing as a consumer) we shall have no further
liability to you.
6.3 Save as precluded by law and except where you are dealing as a
consumer, we will not be liable to you for any indirect or consequential
loss, damage or expenses (including loss of profits, business or goodwill)
howsoever arising out of any problem you notify to us under this condition
and we shall have no liability to pay any money to you by way of compensation
other than to refund to you the amount paid by you for the goods in
question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other
permits to purchase goods from our site. The importation or exportation
of certain of our goods to you may be prohibited by certain national
laws. We make no representation and accept no liability in respect
of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions
is intended to limit any rights you might have as a consumer under
applicable local law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability to you for any death
or personal injury resulting from our negligence.
7- Notices
Unless otherwise expressly stated
in these terms and conditions, all notices from you to
us must be in writing and sent to our contact address at
(insert postal address) and all notices from us to you
will be displayed on our website from to time.
8- Events beyond our control
We shall have no liability to
you for any failure to deliver goods you have ordered or
any delay in doing so or for any damage or defect to goods
delivered that is caused by any event or circumstance beyond
our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems
or network access, flood, fire, explosion or accident.
9- Invalidity
If any part of these terms and
conditions is unenforceable (including any provision in
which we exclude our liability to you) the enforceability
of any other part of these conditions will not be affected
to the extent that they are capable of continuing in force
without the unenforceable term or condition.
10- Privacy
You acknowledge and agree to
be bound by the terms of our privacy policy.
11- Third party rights
Except for our affiliates, directors,
employees or representatives, a person who is not a party
to this agreement has no right under the UK Contracts (Rights
of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy
of a third party that exists or is available apart from
that Act.
12- Governing law
The contract between us shall
be governed by and interpreted in accordance with English
law and the English courts shall have jurisdiction to resolve
any disputes between us.
13- Entire agreement
These terms and conditions, together
with our current website prices, delivery details, contact
details and privacy policy, set out the whole of our agreement
relating to the supply of the goods to you by us and except
where you are dealing as a consumer:
13.1 Nothing said by any sales person on our behalf should be understood
as a variation of these terms and conditions or as an authorised representation
about the nature or quality of any goods offered for sale by us; and,
13.2 Save for fraud or fraudulent misrepresentation, we shall have
no liability for any such representation being untrue or misleading.
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