Contents
- Legal information
- General
- Unavailability of the website
- Eligibility
- Ordering products and our acceptance of your order
- Supervision by a Dispensing Optician
- Delivery
- Return of products
- Price Information
- Payment
- Your right to cancel your order
- Liability and Indemnity
- Privacy
- Intellectual Property Rights
- Governing Law
1. Legal information
1. This website is owned and operated by Frames for America, Inc., a Texas corporation, d/b/a:
Frames for America
Head office
2801 S. IH 35 Ste# 170,
78741-5518 Austin, Texas (The United States)
Tel: 0808 101 3433
UK VAT number : 992 2492 87
"FramesDirect" is the trading name for Frames for America, Inc.
2. For all requests and complaints, please contact our FramesDirect Team:
- Telephone: 0808 101 3433
- Fax: 00 1 713 914 0099
- Email:info@framesdirect.com
The postal address is:
2801 S. IH 35 Ste# 170
78741-5518 Austin, Texas
2. General
1. You confirm having received from FramesDirect all necessary information on the website www.framesdirect.co.uk.
2. You have the option to save and print these Terms and Conditions by using the standard functions of your browser or computer.
3. You may only order products through this website if you are in England , Wales, Scotland, or Northern Ireland and the products you are ordering are for your own personal use, and by ordering any products you confirm that this is the case.
4. We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or enforceable, the remainder of these terms and conditions shall continue to have full force and effect.
5. Information about the products available on this website, and the ordering process, is only available in English.
6. You confirm that you are fully able to legally commit to these Terms and Conditions.
3. Unavailability of the website
1. FramesDirect reserves the right to temporarily or permanently shut down the website without notice or liability.
2. FramesDirect is not responsible for damages of any nature that may result from these changes and/or from the temporary unavailability or indeed permanent shutdown of all or part of the website.
4. Eligibility
IN COMPLIANCE WITH THE ENGLISH REGULATION RELATING TO THE SALE OF GLASSES AND CONTACT LENSES, YOU ARE REQUIRED TO CONFIRM THAT, WHEN ORDERING, BY TICKING THE APPROPRIATE BOX:
- YOU ARE AT LEAST SIXTEEN (16) YEARS OF AGE;
- YOU ARE NOT REGISTERED BLIND OR PARTIALLY SIGHTED;
- YOU ARE IN POSSESSION OF A WRITTEN PRESCRIPTION FOR YOUR SPECTACLES THAT HAS BEEN GIVEN TO YOU BY A SUITABLY QUALIFIED PERSON IN THE LAST 24 MONTHS:
- YOU ARE IN POSSESSION OF A WRITTEN PRESCRIPTION FOR YOUR SPECTACLES THAT HAS BEEN GIVEN TO YOU BY A SUITABLY QUALIFIED PERSON IN THE LAST 24 MONTHS;
- YOU WILL PROVIDE ANY DETAILS THAT OUR DISPENSING OPTICIAN MAY REQUIRE.
- You will provide a copy of your written prescription electronically.
5. Ordering products and our acceptance of your order
1. You can use this website to place orders for the products shown.
Orders may also be placed by telephoning Frames Direct at 0808 101 3433.
2. When you place an order with us, we need to obtain various details from you so that we can process your order. You must ensure that the details which you provide each time you place an order are correct and complete.
3. Once you have placed an order to purchase a product, you will receive an email acknowledging your order and the status of your order. It should usually arrive within a few minutes. This acknowledgement
of your order does not indicate that we have accepted your order and it does not create an enforceable contract.
Your order is subject to this acknowledgement of receipt by email.
4. Your order is an offer to purchase any or all of the products from us on, and subject to, these Terms and Conditions. If we accept your order, and so conclude a contract with you, that will happen if
and when we dispatch the ordered products to you. Your payment card will be debited when your order will have been accepted.
5. We may decline to accept your order for any of the following reasons:
• Your failure to fulfil any of the criteria set out in the Terms and Conditions
• The products you ordered being out of stock
• Our inability to obtain authorization for your payment
• Our Dispensing Optician refuses the prescription products
6. Supervision by a Dispensing Optician
All supplies of prescription products will be supervised by a Dispensing Optician. As part of this supervision, the Dispensing Optician may require you to obtain your pupillary distance measurement from your optician and/or send us the original of the prescription.
The Dispensing Optician may also prevent the supply of any prescription products in order to comply with any legal obligation or on grounds of health and safety, even if we have previously accepted your order; if this happens, we will refund any charges associated
with those prescription products.
If you do not provide the pupillary distance, then at our discretion we will either decline your order, or we will determine the pupillary distance for you under certain circumstances. Please call a customer service representative at 0808 101 3433 for more information.
7. Delivery
1. We will deliver the products by leaving them at the delivery 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, Wales, Scotland, and Northern Ireland.
2. We will use reasonable endeavours to deliver the products within 10-14 working days, but delivery within this or any other time is not guaranteed and we do not accept any liability for deliveries made after this time. However, you may cancel your order if we have
not delivered the products within 30 days.
3. You will become the owner of the products when they are delivered provided we have received full payment for them.
8. Return of products
Please see our return policy.
9. Price Information
1. All prices and other charges shown and billed on the website are in US Dollar. The price countervalue in GB pounds or in any other currency can be showned by using the exchange rate converter functionality of the website,
but this countervalue is for information only and will not bind FramesDirect, the price to be charged to you always being the price in US Dollar. Prices and other charges may change, and offers may be withdrawn, at any time
until we have accepted your order.
2. Although we try to ensure all our prices displayed on our website are accurate, errors may sometime occur. If we discover an error in the
price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct
price or cancel it. If we are unable to contact you, we may treat your order in respect to the incorrectly price item as cancelled.
3. Prices shown on the website and on the order confirmation are inclusive of customs duties and value added taxes (VAT).
4. The total charges payable by you, including all delivery charges, which will be stated separately, will be those shown immediately
before you submit your order by clicking the ' submit ' button.
10. Payment
1. We only accept payment for orders in US Dollars.
2. You can pay by credit card, Visa, MasterCard, American Express, Discover, Diners Club or by Google Checkout.
3. FramesDirect has chosen CyberSource (Payment Service Provider) to secure card payments online. The validity of the Customer's payment
card will be verified by CyberSource. Payment may be refused for any number of reasons (e.g. stolen or blocked card, credit limit reached,
incorrect details entered).
11. Your right to cancel your order
1. Under the Consumer Protection (Distance Selling) Regulations 2000, you have a statutory right to cancel your order. If you wish to exercise this right,
you must write to us within 7 working days; this period starts on the day after the products are delivered. For details of how you may write to
us, see here. Please give full details of the order, including any order number we have given you for it.
2. If you cancel your order in accordance with clause 11.1, we will refund all of the charges you have paid in connection with the order within 30 days, except
that we may deduct a sum equal to any direct costs we incur in recovering the products if you do not return them to us at your own expense.
3. If you cancel your order in accordance with clause 11.1, and/or opt to NOT refuse your order upon delivery, you have a legal duty to keep the products you have received,
to take reasonable care of them, and to make them available to us. You will be treated as having been under this duty from the time you received the products.
12. Liability and Indemnity
1. So far as a product's optical performance is concerned, a product is of satisfactory quality and reasonably fit for its purpose if it is undamaged and it complies with its
description on this website and the relevant prescription (if any). It is your responsibility to ensure that the prescription is still appropriate before you order the products.
2. We have no liability for any indirect or consequential loss or damage.
3. We have no liability to you for any loss or damage suffered by anyone other than you.
4. We have no liability for any loss or damage arising in respect of any event or activity which you are unable to attend, undertake or participate in as a consequence of a product:
(i) not meeting its description, (ii) being defective (i.e. it is not of satisfactory quality or reasonably fit for its purpose), or (iii) being delivered late.
5. We have no liability for any disappointment or loss of enjoyment.
6. We have no liability for any loss of income, profit or anticipated savings.
7. We have no liability for any damage to goodwill or reputation.
8. Our liability in respect of late delivery or non-delivery of a product is limited to a refund of all the charges (including delivery charges and taxes) you have paid us for the product
and your direct and reasonable expenses (if any) in communicating with us and returning the product to us.
9. Our total liability to you for any loss or damage resulting from a product not meeting its description or being defective (i.e. it is not of satisfactory quality or reasonably fit for
its purpose), is limited to the charges (including delivery charges and taxes) you have paid us for the product and your direct and reasonable expenses (if any) in communicating with us and returning the product to us.
10. The exclusions and restrictions of our liability set out in this clause 12 cover our liability on any legal basis for all loss, damage, costs and expenses of any kind whatsoever (even if they arise in the ordinary
course of things as a result of our acts or omissions) however they arise, even if that is as a result of our negligence or any other negligence for which we are liable.
11. As special exceptions, any liability we may have in respect of any of the following is not restricted by anything in this clause 12: (i) any personal injury resulting from negligence, whether or not it results in death;
(ii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (iii) any liability under Part 1 of the Consumer Protection Act 1987; (iv) any liability
under the Data Protection Act 1998; (v) any liability for fraud or fraudulent misrepresentation.
13. Privacy
1. When you place orders online, we collect certain personal information (e.g. name, address, email address, prescription, credit/debit card details) from you. FramesDirect (i.e. Frames for America, Inc.) is the data controller
for this information, and we will use that information:
• In connection with the processing and fulfillment of your order - this may involve our disclosing the information to third parties we have appointed to help us with this.
• To fulfill our statutory and other non-contractual legal obligations.
• To inform you of special offers and any other services provided by FramesDirect.
We will process your personal information in accordance with the Data Protection Act of 1998. For further details on how we will process this information, please read our Privacy Policy.
2. We will not receive your bank or payment card details: these will be transmitted direct from you to CyberSource so that it can process your payment. We have received its professional commitment to us that it will take all reasonable technical
and organizational measures to prevent that personal information being lost, corrupted or disclosed or obtained without authorization, and it will be the data controller for that personal information, and it alone is responsible for its processing
of that information. We do not have liability for its acts or omissions.
3. We and/or CyberSource collect and process your personal information in jurisdictions outside the European Economic Area where there may be less stringent data protection laws. Nevertheless, your personal data will be protected by codes of secrecy
and security with which FramesDirect.co.uk, Third parties and their respective employees are required to comply.
14. Intellectual Property Rights
1. This website, and each element (including the domain name, brands, logos, signs, drawings, illustrations, photographs, text, graphics and other files) and their presentation are protected by intellectual property rights which either belong to FramesDirect,
or their use by FramesDirect has been authorized.
2. No element of the website may be copied, reproduced, modified, republished, loaded, altered, transmitted or distributed in any way whatsoever, via any medium whatsoever, in part or in whole, without the prior written permission of FramesDirect
except for strictly personal, private and non-commercial use, without modification of the elements present on the website.
3. Product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
15. Governing Law
1. These terms are governed by, and are to be construed in accordance with, the laws of England and Wales.
2. Any disputes (whether of a contractual or other nature) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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