Freedom of Imformation
Version 3 ammended 02/07/2008
Definitions
Buyer means the individual, advocate or organisation that buys or agrees to buy the Goods from the Seller.The “Company” shall mean “The Outside Clinic a trading name of Complete Price Eyewear Ltd”
“Head Office” is as shown in the conditions as the Sellers address.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller means: “The Outside Clinic a division of Complete Price Eyewear Ltd”
Buyer means: “Customer, Client or Patient”
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Conditions
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at:
The Outside Clinic, Old Town Court, 10/14 High Street, Old Town Swindon Wiltshire SN1 3EP
Ordering
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.All orders must be accompanied by a minimum of 50% deposit of the quoted price. When this payment is received at Head Office, an order will be placed on behalf of the buyer this is the acceptance of order date.
Legal Entitlements
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.If the Seller discovers that the Buyer is not legally entitled to relief from payment as prescribed in the NHS GOS3 optical voucher. The seller may seek to recover any and all costs incurred
Price and payment
The price of the Goods shall be that which is communicated to the patient at the point of purchase and is shown on Company receipts and correspondence.The price is inclusive of VAT.
The price includes where relevant delivery charges.
All orders must be accompanied by a minimum of 50% deposit of the quoted price
After the order is received the Seller shall confirm by post the details, description and price for the Goods together with information on the right to cancel
Payment of the price must be made in full at point of delivery of the Goods.
Delivery
Goods supplied within the UK (excluding Northern Ireland) will normally be delivered within 28 days working days of acceptance of order.Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Rights of seller
The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.The Seller shall not be liable to anyone for withdrawing any Goods from stock or for refusing to process an order.
The Seller reserves the right to withdraw any goods from their stock at any time.
Warranty
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Cancellation and return
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
You have the right, in addition to your other rights, to cancel the Contract and recieve a refund by informing the seller within 7 working days of the acceptance of order date.
Refunds are limited to the cost of stock items such as frames but will not be applied to be-spoke products such as lenses.
The right to cancel does not apply to contracts for the supply of consumable goods, if these have been unsealed by the Buyer.
In the event of cancellation, the Seller shall be responsible for the recovery of the Goods from the Buyer and the Seller shall inform the Buyer within 21 days of cancellation of the date when the Seller will collect the Goods.
The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies due for the Goods (after recovery of all reasonable costs incurred by the Seller/if any within 30 days of cancellation.
All refunds will in the form of a cheque made payable to the buyer and posted to the delivery address.
Goods to be returned must clearly show the Buyer’s name and their scheme ID number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
The seller may recover any and all reasonable costs incurred from deposits or monies held against order for Goods
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.