Terms and Conditions
Website Terms and Conditions of Supply
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) and services (Services) listed on our website (our site) to you. These Terms apply to orders submitted on our site or over the telephone. For products purchased in-store, please see our In-Store Terms and Conditions of Supply.
These Terms will apply to any contract between us for the sale of Products and Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and Services (if applicable) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and Services (if applicable) from our site. You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 21. Every time you wish to order Products and Services (if applicable), please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 27th October 2018. These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
1.1 We operate the website at www.silisunglasses.com. We are GreatSpex 1.2 . Our email address is firstname.lastname@example.org. Our address is 38 White Rock Road, Paignton, Devon. TQ4 7FU
1.3 To contact us, please see our Contact Us page or email us at email@example.com
COMMUNICATIONS BETWEEN US
2.1 In these Terms, when we refer to "in writing" this includes e-mail.
2.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to GreatSpex at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.4 If you are a business, please note that any notice given by you to us, or by us to you, 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
3.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation) or invoice, whichever is earlier. The Contract between us will only be formed when we send you the Order Confirmation or invoice. Please note that we are not a party to any third party finance agreement that you may enter into.
3.4 If we are unable to supply you with a Product (for example because that Product is not in stock or no longer available) we will inform you of this by e-mail and we will not process your order. Unless agreed otherwise, if you have already paid for the Products and Services (if applicable), we will refund you the full amount as soon as possible.
- IF YOU ARE A CONSUMER
4.1 If you are a consumer, you may only purchase Products and Services (if applicable) if you are at least 18 years old.
4.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
- IF YOU ARE A BUSINESS CUSTOMER
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and Services (if applicable).
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
- OUR PRODUCTS
6.1 The images and pictures of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Products. The packaging of the Products may vary from that shown on images on our site.
6.2 We may include a description of the Products on our site and this information is taken from the manufacturers brochures. Please note that the size of Products may vary slightly from the description given on our site but these variations will never exceed more than 2% of the stated size.
6.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Products ordered are not available and we will not process your order if made.
6.4 Please note that the Products purchased on our site must only be used for domestic (not commercial) purposes.
- YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause12).
8.1 If the order is placed before 1pm Monday-Friday then the item(s) will be sent by First Class Royal Mail (UK Only) that day. Or by standard parcel the same day for International addresses. Orders placed after 1pm Monday-Friday will be posted the next day (If an order is placed on Friday after 1pm it will be sent on Monday). There will be no postal service on Saturday for Free Delivery but can be requested at an additional charge of £5.00. There will be no postal service on a Sunday.
8.2 Any dates specified for delivery are estimates only
8.3 If no one is available at your address to take delivery of the Products and allow us to supply the Services, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery of the Products and supply of the Services.
8.4 If you fail to accept delivery of the Products, or Royal Mail or Courier are unable to deliver the Products due to your error or obstruction:
(a) risk in the Products shall pass to you; and
8.5 Subject to clause 8.4(a), the Products will be your responsibility and must be appropriately cared for from the completion of delivery.
8.6 You own the Products once we have received payment in full, including all delivery charges.
- YOUR RIGHT TO END THE CONTRACT IF YOU ARE A CONSUMER
9.1 You may have a right to end the Contract if:
(a) the Products or Services (if applicable) are faulty or mis-described (see clause 11);
(b) there is a risk that the supply of the Products may be significantly delayed because of an Event Outside Our Control (see clause 16.3); and
(c) you have a right to cancel the Contract within the cancellation period (see clause 12.2).
9.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 12.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your right to cancel is available from your local Citizens' Advice Bureau. Please note that this right to cancel only applies to consumers ordering Products and Services (if applicable) online or by telephone and if you have purchased goods in our showroom (please refer to our In-Store Terms and Conditions of Supply). If you are a business or trade customer this right to cancel does not apply.
9.3 This cancellation right does not apply in the case of:
(a) any custom-made products, such Zeus sunglasses that are made in a specific colour pursuant to your request; and
(b) Services, once these have been completed, even if the cancellation period is still running.
9.4 If you are a consumer you have the right to cancel the Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the Products. If you have purchased Services, you have 14 days after the date of the Order Confirmation to cancel the Contract. However, once we have completed the Services you cannot change your mind, even if the period is still running, If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.5 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by sending a clear statement to us in writing by email to firstname.lastname@example.org. We suggest that you keep a copy of your notification for your records. You may use the model cancellation form set out in the Schedule, but it is not obligatory.
9.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.7 If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
9.8 We may make a deduction from the reimbursement for an amount for the supply of the Service for the period supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full supply.
9.9 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back any Products supplied;
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products;
(c) if no Products were supplied, 14 days after the day on which we are informed about your decision to cancel this Contract; or
(d) in all other cases (including for the supply of Services), 14 days after the day on which we are informed about your decision to cancel this Contract.
9.10 We will make the reimbursement using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Products and Services (if applicable)), unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.11 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.12 If the Products were delivered to you:
(a) Please look at our returns policy
(b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- OUR RIGHT TO END THE CONTRACT
10.1 We may end the Contract for a Product and Services (if applicable) at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and Services (if applicable);
11.IF THERE IS A PROBLEM WITH THE PRODUCTS OR SERVICES
11.1 We are under a legal duty to supply Products and Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to Products and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.HOW TO PAY
12.1 You can only pay for Products and Services (if applicable) using a debit card or credit card.
- OUR LIABILITY IF YOU ARE A CONSUMER
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE USE YOUR PERSONAL INFORMATION
14.1 We are committed to protecting and respecting your privacy and complying with the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation and the Data Protection Act 1998 (Data Protection Legislation).
15.OUR RIGHT TO VARY THESE TERMS
15.1 We may revise these Terms from time to time if there are changes in how we accept payment from you or if there are changes in relevant laws and regulatory requirements.
15.2 Every time you order Products and Services (if applicable) from us, the Terms in force at that time will apply to the Contract.
15.3 Whenever we revise these Terms in accordance with this clause 15, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- EVENTS OUTSIDE OUR CONTROL
16.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you;
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery, we will arrange a new delivery date with you after the Event Outside Our Control is over; and
(c) if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products and Services (if applicable) you have paid for but not received.
We take complaints very seriously. We will endeavour to acknowledge complaints within 5 working days and will provide a likely timescale for resolving the dispute and will keep you informed about progress. You can send us a compliant in accordance with clause 2.2.
18.OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services (if applicable) through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.