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Terms and Conditions

Please read these Terms and Conditions of Use carefully as they set out the terms under which M&S Opticians makes the Products advertised on www.mandsopticians.com (the Website) available to You, including via any technologies or devices by which we make the Website available to You. You agree that, by ordering any of our Products from the Website, You will be bound by the Terms and Conditions of Purchase.

1. Definitions

The following words and phrases are given the meanings below:

Order

A purchase Order issued by You to M&S Opticians in accordance with these Terms and Conditions of Use for the purchase of Products as contained within this Website.

Products

Prescription glasses, non-prescription sunglasses or such Products which, from time to time, M&S Opticians supply in accordance with these Terms and Conditions of Use.

M&S Opticians

M&S Opticians operated by Owl Optical Ltd

You

The customer

Website

The website www.mandsopticians.com

 

2. Registration and Security

2.1 Provided that You abide by the terms of these Terms & Conditions of Use, You may view and download our Website for your personal use only. In so doing, M&S Opticians reserves the right, to change, suspend or discontinue the Website or the provision of Products under the Website at any time, including the availability of any feature, database, or content. In addition, M&S Opticians may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.

To place Orders and to receive Products via the Website, You must:

  • Be 18 years of age or over
  • Have a valid credit or debit card registered in your name
  • Be resident (and remain resident) in the United Kingdom
  • Complete our registration procedure in which You will need to provide us with personal details needed to process your Order.
  • The Order being placed is for You and not on behalf of another person

By using this Website You agree to M&S Opticians collecting and storing the necessary information about You to allow us to process your Order. The information You provide will be stored securely in accordance with our Customer Privacy Policy, details of which can be found separately on this website.

By placing an Order You are confirming that:

  • You have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which You are Ordering;
  • the data You provide to M&S Opticians concerning the condition of your eyes corresponds to the data found on your current prescription.
  • You consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription should we need to do so, 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 ophthalmic medical practitioner. If, for any reason, You do not wish to undergo an eye test, You may cancel the Order.
  • You know of no reason why the prescription glasses which You are ordering would not be appropriate for You.
  • You are not experiencing any discomfort with the prescription glasses You are currently prescribed to wear.
  • You are not registered blind or partially sighted
  • the Order placed through this Website represents a request for prescription glasses by You, which fulfils the needs of You yourself and no other person.
  • You are legally capable of entering into binding contracts.

2.2 It is your responsibility to ensure that the information and details provided by You, either during registration or at any time thereafter, are correct and complete. M&S Opticians accepts no responsibility or liability if information provided is incorrect or fraudulently obtained.

2.3 So that our records are up to date, and in Order that we can maintain the highest level of service, we would ask that You advise us immediately of any change to the information that You provided by updating your personal details in the "my account" section of this Website.

 

3. Prices and Payment

3.1 The prices which You must pay for the Products that You Order are set out on the Website at the time You place your Order, except where we discover an error in any advertisement or the price of the Products You have Ordered. In this event, we will inform You as soon as possible after receiving your Order and give You the option of reconfirming Your Order at the correct price or cancelling it. If we are unable to contact You we will treat the Order as cancelled.

3.2 All prices shown on the Website are inclusive of VAT.

3.3 We may delay despatch of the Products You have ordered until receipt of authorisation for payment is taken from the payment card provided. You can pay by any MasterCard or Visa credit or debit card, Your credit/debit card details will be encrypted to protect your personal card information. It is your responsibility to keep your password secure. We reserve the right to modify or withdraw a password at our discretion. We are unable to accept American Express and M&S Gift cards/Credit Vouchers.

3.4 All offers are subject to availability, whilst stocks last and may be withdrawn at any time.

 

4. Online offers and discounts

4.1 From time to time we may advertise online offers and discounts on the website

4.2 Offers are not valid with any other promotion, offer, coupon or discount.

4.3 The display of any items or promotions on the Website shall be construed as an advertisement and not as an offer and for exclusive use on the website and may not be used in store.

4.4 Products online may not be available in M&S Opticians stores.

4.4 No other M&S Opticians’ offers or discounts can be used against our online Product prices.

 

5. Order and Acceptance

5.1 Orders may only be placed online via the Website.

5.2 So that we can process your Order promptly and efficiently, we do need to take various details from You. In that respect it is important that the information and details You provide are clear, correct and complete.

5.3 Once You have placed an Order we will send You an email confirming the status of your purchase, including an Order reference and the details of your Order. We will send a further email confirming dispatch.

5.4 All Orders are treated as an offer to purchase Products from M&S Opticians. All such offers will be subject to our acceptance in accordance with these Terms and Conditions of Use. Our acceptance of your Order and the completion of the contract between You and us will take place upon despatch to You of the Products Ordered, and it is at this point that your payment card will be debited. Each separate supply of Products shall constitute a separate contract between us, subject to these Terms and Conditions of Use.

5.5 All Orders are subject to verification, receipt of payment and stock availability.

5.6 In the event that the Products Ordered are not available, You will be notified by our Customer Services department using the contact details You have provided. You will then have the option to (i) wait until the Products are available from stock, or (ii) cancel your Order.

5.7 If you would like to exercise your right of cancellation, you must inform us of this decision by a clear statement, including your name, address, contact details and details of the order you wish to cancel. You can cancel your order by contacting us at [email protected]

 

6. Delivery

6.1 Delivery will be made to the address specified by You when You place your Order. This may vary from your payment card address, but please note that we can only deliver Products within England, Scotland, Wales and Northern Ireland. We cannot deliver to the Channel Islands, the Isle of Man or PO Box addresses.

6.2 We cannot be held responsible for ensuring stock of each specific Product is available at all times, or for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances. We aim to dispatch all Products within 14 days of your Order being placed subject to validation of your prescription.

6.3 Orders up to £100 in value will incur a delivery charge of £4.95. Delivery is free for all Orders over £100 in value.

6.4 Ownership of the Products You Order on the Website shall pass to You on delivery provided that we have processed your card payment and received the full payment for such Products.

6.5 Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies.

 

7. Returns

General terms applicable to all Products purchased online:

7.1 To ensure we can process your refund effectively, we unfortunately cannot accept returns to our M&S Opticians stores.

7.2 For any reason You are not happy with your Order You can return the Products to us in its original packaging, unmarked and complete with any tags and labels.

7.3 If You are not happy with items in your Order, You can return them up to 35 days after receiving them and get a full refund.

7.4 Refunds will be made back to your original payment method within 7 days of us receiving the returned goods.

7.5 If a promotional discount was applied to your order, the same discount will be applied when calculating your refund, such that the amount refunded will reflect the actual price you paid for the goods.

7.6 We monitor the number of returns made by our customers. Repeated returns will be noted and may, at our discretion, lead to future orders being rejected.

7.7 This Returns Policy does not affect your statutory rights as a consumer and your rights in respect of faulty or defective goods. For more information on your statutory rights, we recommend that you contact your local Citizens Advice Bureau or Trading Standards Office.

 

8. Warranties

8.1 M&S Opticians warrants that the Products supplied comply with the agreement between M&S Opticians and You.

8.2 If it becomes evident within 60 days of delivery that the Product You have Ordered fails to meet the above criteria, You should return them immediately to M&S Opticians Please refer to the Returns Policy.

8.3 Our warranty will not apply if:

  • a defect has arisen due to any improper use by You of the Product
  • You or a third party, modify or attempt to modify them without the written permission of M&S Opticians
  • they are used for purposes for which they are not intended.

8.4 Nothing within these terms and conditions, affects your common law or statutory rights.

8.5 M&S Opticians warrants that it will provide the Products with reasonable skill and care, within a reasonable time, and substantially as described in these Terms and Conditions of Use. Notwithstanding this M&S Opticians does not make any other promises or warranties (either express or implied) about the provision of the Products.

 

9. Liability

9.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent representation.

9.2 In the absence of any negligence or breach of duty by us, your use of any of the Products other than in accordance with their instructions is entirely at your own risk.

9.3 You are entirely responsible for all liabilities, claims and expenses which may arise out of the information, details or content You submit, post or transmit via the Website, or from your use/misuse of the Website or the use/misuse by any person for whom You are responsible or from your violation of these Terms and Conditions of Use.

 

10. General

10.1 M&S Opticians accepts no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms and Conditions of Use, in the event that the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

10.2 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

10.3 These Terms & Conditions of Use are subject to English law. We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement and You want to take court proceedings, You must do so within the United Kingdom.

 

11. Force Majeure

11.1 In the event that either M&S Opticians or yourselves are prevented from fulfilling a contractual obligation to the other by virtue of circumstances beyond their control, including but not limited to postal strikes, electrical failure, transport interruption etc. they will not be obliged to carry out that obligation.

11.2 While a Force Majeure situation continues to operate M&S Opticians and You may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any Order accepted by M&S Opticians as terminated without further obligation to the other.

11.3 If M&S Opticians has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, M&S Opticians will be entitled to charge You for that fulfilled part.

11.4 Once a Force Majeure is operating if You have paid for a Product yet to be dispatched to You, M&S Opticians shall return to You the amount paid.

 

12. Disputes

12.1 If proceedings are brought by You against M&S Opticians such proceedings shall be brought in an appropriate court in England and Wales. This Agreement shall be construed in accordance with English law.

 

13. Waiver

13.1 If You breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when You breach these Terms and Conditions.

If You have any question regarding our Terms and Conditions of use, please contact our Customer Services team on 0330 135 5330 between the following times:

Monday to Friday: 8.00am-6.00pm.