1. Within these conditions
2. Customer obligations
3. Orders for goods
4. Limitations of supply
5. Your account
6. eyebuddy® invitations and discounts
7. Prices and payment
8. Delivery and carriage
9. Inspection of goods and warranty
10. Money back guarantee, Manufacturer warrantees and Price promise guarantee
11. Transfer of risk and title in goods
13. Force majeure (events outside of your and our control)
14. Notices and written communications
15. General provisions
16. Trademarks, patents and copyright
18. Contact us
If you have any difficulty reading any of our Terms & legals, you must contact us before you place your order.
You should print a copy of these Terms and conditions of purchase for future reference
eyebuddy® Terms and conditions of order and supply
Any Order and subsequent purchase of Goods (as defined below) from eyebuddy® shall be governed by the following Terms and conditions of purchase and guarantees. Please read these carefully.
PLEASE NOTE: THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1. Within these conditions: (top)
"eyebuddy®" and "eyebuddy.co.uk” and "eyebuddy.com”, "us" and "we" means eyebuddy® Ltd (VAT No. 941826806, Company No. 6662060 (Registered with Companies House, Cardiff. UK), registered at:
6 Stanley Street,
with offices at:
10 Spinning Gate,
and trading under the name www.eyebuddy.co.uk or www.eyebuddy.com.
"Terms and conditions" in this section means Terms and Conditions of Purchase and Guarantees.
"Goods" means those products made available by eyebuddy® that you would like 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 eyebuddy® with URL address http://www.eyebuddy.co.uk or www.eyebuddy.com and includes test sites and beta versions operated by eyebuddy Ltd at other addresses.
2. Customer obligations (top)
2.1 By submitting a prescription Order you warrant, undertake and represent:
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 anybody else;
2.1.2 that you are in possession of a written prescription (for glasses or prescription sunglasses ordering) and/or contact lenses (for contact lens ordering), 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, and that any recommended retest date has not elapsed;
2.1.3 if sending us your existing glasses to be copied, that the glasses sent to us are made to your written prescription referred to in Clause 2.1.2;
2.1.4 that you know of no reason why the Goods may not be suitable for your requirements;
2.1.5 to supply, full, accurate and complete details of your current prescription (including any notes on the prescription) or a copy of your original prescription when requested, and any contact details as given to you by your optician;
21.6 the data you provide concerning the condition of your eyes corresponds to the data found on your current prescription or contact lens specification.
21.7 you consent to us contacting your optician or contact lens practitioner to verify your glasses or contact lens specification if required 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 contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order;
2.1.8 if you have worn glasses or contact lenses before and have experienced any problems with them, to provide us with accurate and complete details of such problems;
2.1.9 to provide any details reasonably requested by us to confirm that you are eligible to purchase the Goods;
2.1.10 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;
2.1.11 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 us.
2.1.12 you are legally capable of entering into binding contracts;
2.1.13 that you are the authorised holder of any credit/debit card/payment account you may use on the Site; and
2.1.14 that you are resident within the United Kingdom or conform to your own local laws in buying prescription eyewear online.
3. Orders for goods (top)
3.1 Orders must be placed:
3.1.1 via the ordering (ecommerce) system on the Site;
3.1.2 by telephoning us on
0800 083 6474
0800 083 6474 ; or
3.1.3 by completing a mail order form (if available) and posting it to:
10 Spinning Gate,
or faxing it to
0844 824 3525
3.2 We are unable to accept cheques and cannot take responsibility for cheques sent via the post.
3.3 Your submission of the Order, whether submitted via the Site, by telephone, post or fax represents an offer to purchase the Goods from us. eyebuddy® 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). Any confirmation of receipt of the Order will not constitute an acceptance by us of your Order.
3.4 The display of any items or promotions on this Site 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 us this will result in a binding contract between you and us. There will be no binding contract between you and us for the supply of Goods until the Goods have been dispatched to you by us.
3.4 We currently use PayPal as its secure payment provider. Payments can be made for orders on the site using PayPal or the credit and debit cards available through PayPal. It is up to you to cancel any order with recurring payments if they are not required.
4. Limitations of supply (top)
4.1 We 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, We will contact you to give you a choice to receive a replacement or a refund. If we receive no response from you, we may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund. If we notify you that your frame order (with lenses) has had to be ordered direct from the supplier and you accept the order, a cancellation after this will result in a refund of 50% of the frame (not lenses).
4.2 We shall make every effort to ensure that the Goods supplied match the descriptions provided on the Site. Whilst we try to ensure that there are no changes to the Goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods.
4.3 We shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order. If considered necessary or appropriate before an Order is accepted, eyebuddy's supervising opticians shall have absolute discretion:
4.3.1 to contact you to discuss your Order, provide advice and/or arrange a free face-to-face consultation with you; or
4.3.2 to contact the registered medical practitioner or registered optometrist who provided your prescription to verify and/or discuss your prescription.
4.4 If considered necessary or appropriate by one of eyebuddy®'s supervising opticians, eyebuddy® may as a condition of acceptance of your Order:
4.4.1 request that you contact the registered medical practitioner or registered optometrist who provided your prescription to verify and/or discuss your prescription;
4.4.2 request that you send eyebuddy® the original written prescription (or a copy thereof);
4.4.3 request that you obtain a new written prescription (if, by way of example only, the prescription provided with your Order contains a retest date that has elaeypsed). imp
4.4.4 request that you obtain your Pupillary Distance (PD) measurement from your optician or that you use eyebuddy's eyeTryon to measure your PD, or if necessary and available, to have a free face-to-face consultation to take your PD measurement.
4.5 We are currently unable to arrange face-to-face consultations. If you are resident in Northern Ireland, we will not accept your Order for glasses if, due to the complexity of your prescription and/or the type of spectacle lenses you order, one of eyebuddy®'s supervising opticians considers it necessary or appropriate for you to have a face-to-face consultation prior to acceptance and/or after delivery of the Goods.
4.6 eyebuddy® has absolute right to refuse acceptance of any Order. Without limitation, an Order may be refused if:
4.6.1 the Order is for single vision spectacle lenses where such lenses have a spherical value of more than +/-8 dioptres, a cylindrical value of more than +/-4 dioptres, a combined spherical value of more than +/-9.75 dioptres; or
4.6.2 the Order is for bifocals or varifocals where such lenses have a distance spherical value of more than +/-8 dioptres, a cylindrical value of more than +/-4 dioptres, a combined spherical value of more than +/-9.75 dioptres, and/or where the power addition between the distance and near elements is less than +0.75 or more than +3.50 dioptres.
4.6.3 the Goods are to be supplied to an address outside the United Kingdom;
4.6.4 multiple frames are puchased for trying-on purposes only. In these circumstances, a maximum of 2 can be ordered at any one time.
4.7 Free standard lenses are only available for customers whose prescriptions fit within the power/prescription range for these lenses, which differ for standard, semi-rimmed and rimless glasses and brand of lenses. In the event, that your prescription is not available in these lenses, other lenses may be offered that are not free of charge. Sunglasses do not include free prescription lenses. Currently full rimmed and semi-rimless/supra glasses include free standard eyebuddy lenses to a Maximum Combined Sphere of +/-9.75 and Cyl of +4.00, if another lens is not selected. Rimless glasses include free standard eyebuddy toughened lenses to a Maximum Combined Sphere of +/- 6.00 and Cyl of +2.00, if another lens is not selected.
4.8 eyebuddy® may use an appropriate, average PD set by its supervising opticians, unless:
4.8.1 you send your PD measurement to us; and/or
4.8.2 one of eyebuddy's® supervising opticians considers at his/her absolute discretion that it is necessary for you to obtain a pupillary distance measurement from an optician.
5. Your account (top)
5.1 When you first register on the Website as a customer you will be required to complete an online registration form. These must include your real details. The details you provide can be updated at Your Account at any time.
5.2 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.
6. eyebuddy® invitations and discounts (top)
6.1 Invitations to other emails within the eyebuddy® system are authorised. These emails come from the user through the eyebuddy® system. eyebuddy® does not email unsolicited promotions to these emails. Reminder invitation emails may be sent by invitees or eyebuddy. However, if registered, the invited member may subscribe to promotions.
6.2 The discounts, number of eyebuddies and their percentages within the eyebuddy® system are at the discretion of eyebuddy® Ltd and do not constitute a binding contact. Whilst they are unlikely to undergo frequent adjustments, they are subject to change.
6.3 Credit for invited eyebuddies will only be given to those email address that are not already held within eyebuddy®. These includes those that are already members as well as those that have already been invited to join eyebuddy®.
6.4 The percentage benefits for all types of eyebuddies (e.g., for inviting, joining or buying) may change with or without notice upwards or downwards. This applies to all types of eyebuddies (e.g., ‘Preferred’).
6.5 Vouchers, including free buddies, may be supplied at our discreation, but the number of buddies will still be limited to the current allowable number.
6.6 The full eyebuddy price (before discount) is applicable to anyone who does not register with eyebuddy online. Orders may be taken over the phone but will be charged at the full eyebuddy price unless there is a valid reason (e.g., technical) why the Site cannot be used.
6.7 eyebuddy® Ltd reserves the right to exclude any items from the eyebuddy® discount. In particular, phone orders are usually charged with a maximum of a 15% discount due to higher order costs.
6.8 In the event of functional or technical mistakes within the system, eyebuddy® reserves the right to adjust discounts and, if necessary, cancel orders. If a mistake has been made, the order may be cancelled by either yourself or eyebuddy®.
6.9 eyebuddy Ltd reserves the right to exclude buddies (before or after a purchase is made) in the event that an invited buddy ('invitee' who provides credit) is the same person as the 'invitor'. Indeed, the exact same prescription (as confirmed by the prescription or optician) may only apply to one account and may not be used across multiple user accounts. In the event that this happens, eyebuddy reserves the right to remove the relevant discount. For none prescription products as well, a maximum of 2 people per address may be eligable to receive the same product and consequential discount, unless agreed by an eyebuddy representative.
7. Prices and payment (top)
7.1 Subject to Clause 6.3, the price payable by you for the Goods shall be the price stated on the Site at the time your Order is placed in accordance with these Terms and Conditions.
7.2 Prices stated are in Pounds Sterling and include VAT. When applicable, currency varations may vary. Buying and receiving goods outside the EU (including the Channel Islands) will be VAT exempt. Proof of posting will be retained for excemption purposes. Where applicable, local import duties and tariffs are your responsibility. Please also note, that all refunds (where applicable) will be made in Pounds Sterling and that eyebuddy is not responsible or liable for exchange rate changes (whether increases or decreases) or local bank charges.
7.3 eyebuddy® uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, but cannot guarantee that you will not encounter a mispriced item on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, eyebuddy® will contact you and give you the choice to accept the correct price or to cancel the Order.
7.4 For the convenience of our customers, all purchases made at eyebuddy® separated into the categories of goods and professional services provided. Each category is charged separately. VAT will only be charged on goods provided and is not applicable to the professional services element of the sale. This breakdown is shown to all customers at the point of order, before the sale has been confirmed.
7.5 The postage, packaging and delivery charges for all purchases are given on our Site.
7.6 Payment will be processed at the time of ordering or prior to dispatch depending upon the payment method and order. Payment will be taken using our preferred payment provider (currently PayPal).
7.7 eyebuddy® may from time to time issue voucher codes that may permit an increase eyebuddy® discount and/or discount of product(s). Details of the voucher will be provided with the code, which will be time-bound. eyebuddy® reserves the right to change or remove vouchers if the event an error has been made on our part.
8. Delivery and carriage (top)
8.1 If your order is accepted by eyebuddy®, we will take reasonable endeavours to ensure your Goods are dispatched to you as quickly as possible (after your order has been place). Delivery will typically take place no later than twenty-eight (28) days (subject to prescription validation) following receipt of your Order or, where a eyebuddy®'s supervising optician arranges a face-to-face consultation for you prior to acceptance of your Order, typically no later than twenty-eight (28) days following such a consultation.
8.2 We do not guarantee the availability of products or dispatch times. Subject to delays outside eyebuddy®’s control, the overall delivery period should not exceed twenty-eight (28) days. If the order is delayed beyond these twenty-eight (28) days, the order may be cancelled.
8.3 If your Order is accepted by eyebuddy® and the Goods have not been delivered to the delivery address stated in your Order within twenty eight (28) days, you must notify eyebuddy®. eyebuddy® will check the delivery details with you and the delivery contractor. If the Goods have not been delivered to the delivery address stated in your Order, eyebuddy® will make alternative arrangements to re-deliver within 10 working days.
8.4 eyebuddy® shall bare 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 receipt of delivery. Any defects or damage must be communicated within 7 days of dispatch from eyebuddy. In line with the delivery companies delivery terms, we must wait 28 days from the date of posting in order to consider the item is lost. At this point, if either eyebuddy® or their courier is at fault, you will be offered a full refund or re-delivery.
8.5 Any delivery charge applicable is exempt from your eyebuddy® discount. This is because this is charged at standard rates.
8.6 All domestic and international delivery charges (where applicable) are published on this site.
9. Inspection of goods and warranty (top)
9.1 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 and inform us of the problem within 7 days of dispatch from eyebuddy.
9.2 The Goods will contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription you set out in your Order, do not use the Goods or any items accompanying the Goods and please contact us by telephone or email and inform us of the problem within 7 days of dispatch from eyebuddy.
9.3 eyebuddy® warrant that the products to be delivered comply with the agreement between eyebuddy® and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) ("Warranty"). However, eyebuddy® 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 eyebuddy®, its directors, employees, affiliates or other representatives.
9.4 If the Goods are defective on delivery, eyebuddy® shall repair or replace such Goods or provide a refund providing this is communicated within 7 days of dispatch. Please refer to the Returns page on the Site. You may request that eyebuddy® replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund. Maucfacturer warrantees are 12 months. The replacement of any product within this period is subject to their approval that there is a defect. Their assessment is independent from eyebuddy and considered final.
9.5 If the Goods are defective in accordance with any of Clauses 8.1, you agree to return the defective Goods to eyebuddy® in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.
9.6 Subject to Clause 9.7, eyebuddy® shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods returned for the reasons set out in Clause 9.1 and 9.2 and shall, upon written request, reimburse you the reasonable costs of returning the defective Goods.
9.7 You will be liable for the costs of replacement Goods (including posting, packing and delivery) until the returned Goods are received by eyebuddy®.
10. Money back guarantee, Manufacturer warrantees and Price promise guarantee (top)
10.1 You may upon notice in writing to us (in accordance with the provisions of Clauses 7 and 8), cancel your Order, without reason for all products except contact lenses and opthalmic lenses within glasses (which are ordered to a custom prescription). Such right to cancel continues until the expiry of seven (7) days from the date of dispatch of the Goods by eyebuddy®. This is listed on the dispatch note sent with each order.
10.2 In the event of cancellation you shall promptly return the Goods, and any items and packaging accompanying the Goods and eyebuddy® shall, subject to such Goods and items being returned in substantially the same condition (i.e., unmarked) as when received by you, reimburse you within seven (7) days of the day from which notice of cancellation is given or the returned Goods and items are received by eyebuddy®. This is determined by eyebuddy. Such a refund will include a maximum of the total price paid for the Goods but shall not include any costs of returning the Goods to eyebuddy® such as postage and packing. Conlact lenses and Opthalmic lenses (glasses lenses) cannot be refunded as they are custom made to prescription specifications. eyebuddy reserves the right to charge for its own postage costs(including in the case of orders outside the UK) if orders are returned. This includes orders where the postage is charged at £0.00. PLEASE NOTE that if a frame is returned and they have been glazed with the free Standard eyebuddy (non-branded) lenses (with or without a MAR coating), there is a nominal prescription fee (eyebuddy discounts do not apply to this) that will be deducted from the frame refund, which is to cover the prescription charges and lenses that eyebuddy incur. This is up to £25 for full-rimmed glasses and up to £50 for semi-rimless/rimless glasses. No prescription fee is applied if the lenses are other than these lenses. For other products, you may exchange your product or receive a refund. Exchanges may involve an additional cost to you (in the event the exchange product is more than the product requested) or a partial refund (in the event the exchanged product is lower than the product requested). Monies will be refunded by the same method of payment as originally paid to eyebuddy® unless over 60 days from the original purchase. After 60 days (from the original payment), all refunds will be made by cheque to the person who made the original payment transaction.
10.3 No monies will be refunded if:
10.3.1 the Goods are not received by eyebuddy® in "as new" condition;
10.3.2 eyebuddy® has not received payment in full for the Goods; or
10.3.3 the refund is for a pair of glasses that cost below £25 that have been glazed as the prescription fee will be taken into account. No additional fee will be requested if the value of the glasses is below £25.
10.3.4 you are in breach of your obligations under these Terms and Conditions of Supply, if, by way of example only, you provide a false certification.
10.4 eyebuddy® 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 evident that some of the products have been used.
10.5 If you discover a manufacturing defect within twelve months of delivery, you must notify eyebuddy® immediately. All glasses supplied by eyebuddy® are covered by a 12 month guarantee against any defects or breakages including the lenses. In the event that this is required, eyebuddy® will send them off to the manufacturer for their assessment and they will either repair or replace them if they are defective. Please note that their decision is final in this case. eyebuddy is unable to cover postage or glazing in the event that the manufacturer deems they are not defective.
10.5.1. eyebuddy® shall not repair or replace any Goods or give a refund if (i) it has not received the defective Goods back from you or (ii) if the defect is caused by misuse or mistreatment of the Goods.
10.5.2. In the event of a prescription discrepency we will check the lens prescription using a manual and automated focimeter to confirm or unconfirm the specification is accurate. If it is confirmed that eyebuddy supplies glasses lenses that are not made to the prescription specification (within British Standards (BSA)), eyebuddy will either replace or refund (upon return of glasses) the glasses and reasonable return postage costs. If you are experiencing any difficulty with seeing out of your glasses, please visit your local optician for an eye-test. If you find your current in-date prescription is found to be wrong upon a re-check, then the optician should replace your lenses free of charge.
10.6.1 eyebuddy® may refuse to accept future orders from those who have made previous unsubstantiated or unconfirmed claims for non-delivery of goods or for failure to return goods.
10.7. eyebuddy® offers a Price Promise Guarantee.
10.7.1 If, after either your personal eyebuddy® discount or a 20% (15% for registering and 5% for inviting 5 friends) eyebuddy® discount (which ever is higher), you find any like for like product on our site cheaper elsewhere within the UK, either published online or on the high-street, we will usually adjust our prices to ensure they are lower than the identified competitor for that product. Exceptions to this will occur only if the prices quoted are not considered appropriate, such as if they are supplied below cost price or are likely to be grey-imports or not authentic. Price match must be published and we reserve the right to have reasonable time to investigate competitors prices with the company their suppliers. If they do not provide enough information to provide evidence of a price for an exact complete product (e.g., glasses, lenses) that is genuine and not a grey import, then we reserve the right not to price match. In particular, branded opthalmic lenses are sometimes quoted as fully-finished by some competitors when they may be semi-finished. Therefore, we reserve the right to access what we believe is 'like-for-like' for opthalmic lenses. Also post & packaging charges must be taken into account as a like for like comparison.
10.7.2 If you have already purchased a product, and you find the same product cheaper elsewhere (including postage & packaging), within 7 days of purchase, either online or on the high-street, then we will refund you the difference between the price you paid and the price quoted elsewhere, subject to Section 10.7.1.
10.7.3 The price quoted must be confirmed in writing, or in literature, by the company supplying the product concerned, so that the quotation can be verified. In all cases, the product compared:
10.7.3.1 must be like-for-like and complete (i.e., same lenses, postage and other charges to be taken into account).
10.7.3.2 must be complete. Therefore, as way of example only, if a spectacle lens or frame was found cheaper elsewhere as a part of a package (e.g., complete spectacles), then this would not be considered like for like. If however, the same complete package was cheaper, we would refund the difference if a purchase has been made, and would look to adjust our prices accordingly.
10.7.3.3 must not be a grey import.
10.7.3.4 come from a company based or distributing outside of the United Kingdom.
11. Transfer of risk and title in goods (top)
11.1 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 eyebuddy® 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 eyebuddy®; (b) due to a manufacturing design or design fault.
11.2 Subject to Clauses 9 and 10, title in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order provided that eyebuddy® has received payment in full for the Goods.
11.3 Subject to Clauses 9 and 10, risk in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order.
11.4 In the event of cancellation, risk in the Goods remains with you until the Goods are received by eyebuddy®.
11.5 In the event of a Home Trial, the products will remain the property of eyebuddy® through the period of the Home Trial.
11.5.1 If a Home Trial is undertaken, you are placing an Order to buy the products in questions after ten (10) days, unless you decide to return them to eyebuddy® before the end of this period. If eyebuddy® do not receive the products within this period, you will be charged the full prices of the products (less any monies already paid towards the products). Payment will be taken on the same card you made to place your order.
12. Liability (top)
PLEASE CONTACT eyebuddy® AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE.
12.1 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.
12.2 Subject to Clauses 9.1, the total liability of eyebuddy® 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 eyebuddy® for the Goods to which the Order relates.
12.3 Subject to Clause 9.1, eyebuddy® 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.
12.4 Subject to Clause 9.1, eyebuddy® 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 eyebuddy® has been advised of the possibility of such loss or damage.
12.5 Subject to Clause 9.1 eyebuddy® 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.
12.6 Subject to Clause 9.1, eyebuddy® accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
12.7 We will use our best endeavours to deliver the goods to you within the time frames set out in Clause 8 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.
13. Force majeure (events outside of your and our control) (top)
13.1 For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond eyebuddy®’ control, but as a consequence of which eyebuddy® is unable to fulfil its obligations.
13.2 Neither eyebuddy® nor your shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to Acts of God, natural disasters, riots, civil action, strikes (e.g., postal), electrical failure, transport interruption, shortage of supplies, lock-outs, war (or threat of), industrial action, invasion, terrorist attack (or threat of) disease, explosion, storm, flood, earthquake, subsidence or fire.
13.3 If eyebuddy® has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, eyebuddy® 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, eyebuddy® shall return to you the amount paid.
14. Notices and written communications (top)
14.1 Any notice or other communication to be given under these Terms and Conditions must be in writing; in the case of notices to eyebuddy®, by post to:
10 Spinning Gate,
or by email to email@example.com or fax on 0844 824 3525, and in the case of notices to you, by pre-paid post, fax or email to the address or other contact address set out in your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by fax or email, at the time of transmission, provided no transmission failure notice is received.
14.2 Applicable laws require that some of the communications or information 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. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
14.3 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, contracts 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.
14.4 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or four 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.
15. General provisions (top)
15.1 In the interpretation of these Terms and Conditions:
15.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement; and
15.1.2 "including" means including without limitation and includes shall be construed accordingly.
15.2 The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not assign, sub-contract, sub-license, dispose of or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.
15.3 eyebuddy® may transfer, sub-contract, sub-license, dispose of or otherwise transfer in whole or in part any of its rights or obligations under this Agreement, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
15.4 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.
15.5 These Terms and Conditions and any relevant Order accepted by eyebuddy® 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 eyebuddy®'s catalogue and 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 eyebuddy®. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of eyebuddy® and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by eyebuddy® with you in writing or on the Site.
15.6 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 or relieve either party from compliance with obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.7 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.
15.8 eyebuddy® reserves the right to revise and make changes to these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms and Conditions 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 confirmation by email (in this 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 products ordered). Terms and conditions on the site may change so we suggest reviewing these prior to all orders.
15.9 These Terms and Conditions and any relevant Order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of them.
16. Trademarks, patents and copyright (top)
16.1 The ‘eyebuddy®’ name or any other registered or unregistered trademarks displayed on the Site may not be copied or used without the prior consent of eyebuddy®. eyebuddy®’s registered trademark is 007005895.
16.2 eyebuddy® has Patents and a significant number of claims relating to the entire eyebuddy® functionality (Patent Application Number: G81207709.5) and the PD measurer and Virtual Try-On (Patent Application Number: GB1107370.7). eyebuddy® reserves the right to protect these claims in British and/or International courts.
16.3 All content in whole and every part of the eyebuddy® site, related literature and materials belong to eyebuddy® Ltd. Names, logo, design, text, images, graphics and any other content and the arrangement ("items”) of the Site are all either owned by or licensed to eyebuddy®, or permitted by relevant law. These items or any others belonging to eyebuddy® Ltd may not be used, sold, copied, republished, broadcast, adapted, distributed or transferred or reproduced in whole or in part in any manner or in, or on, any media by you or any person or organization without the prior written consent of the relevant owner and an eyebuddy® director. This is for any purpose, whether public or commercial.
16.4. Material available through third party links is the copyright of the relevant owner. Permission to use material owned by third parties should be requested from the relevant owner.
16.5. You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of eyebuddy®.
16.6 . Please see our Trademarks, Patents and Copyright policy for further information.
Warning: Any unauthorised act in relation to our registered trademarks, patents or our confidential copyright work may result in both a civil claim for damages and criminal prosecution.
17.3 Your statutory rights are not affected. For further information about your statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway website at: www.consumerdirect.gov.uk.
18. Contact us (top)
If you have any comments or concerns about these Terms & Conditions of Purchase & Guarantees or any other material which appears on our Site, please Contact Us.
This document was last updated on 11th May, 2012.
This site is operated by eyebuddy® Ltd whose registered office is at 6 Stanley Street, Liverpool. L1 6AF. Our Company Number is 6662060, VAT Registration Number is 941826806, Registered TM is 007005895.