Terms And Conditions

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1.	General Conditions
	1.1	These terms and conditions of purchase, which includes the Returns Policy, is applicable to any purchases made on our online practice, any representation made in traditional practice makes to you and to any agreements concluded between you and us.
	1.2	Any services provided on our online practice is supplied by Jays Pharmacy Ltd and it subsidiaries.
	1.3	When placing orders through our online practice you are offering to contract with us for the supply of healthcare products (prescription spectacles, contact lenses, sunglasses and related products).
2.	Your Account
	2.1	On compilation of an order on our online practice you will be asked to register your details. This can be updated at any time.
	2.2	You are responsible for security and proper use of your password.
3	Placing an Order/Acceptance of an Order
	3.1	When you complete an order form you are making an offer to purchase our goods. If we accept your offer this will result in a binding contract between you and us.
	3.2	On submission of your order, you will get confirmation either via telephone or email of it being received. Your prescription will firstly be verified before you receive a confirmation of the order.
	3.3	Payment will be processed after the initial order but prior to dispatch.
	3.4	If there is an error in any representation made by us including but not only pricing errors we are not bound to acceptance of your offer. We will inform you as soon as possible if this occurs and give you the option to cancel.
	3.5	We will inform you either via email or telephone if there is any problem with your order.
	3.6	If the goods ordered are not available we shall offer you either a substitute product or a full refund within 10 days. This is only valid for offers we have sent an email confirmation to.
	3.7	You are welcome to contact us between our working hours (as indicated in contact us) to review the status of your order.
4	Payment
	4.1	We will process payment after receipt of the order but prior to dispatch.
	4.2	VAT is included in the prices quoted but they may exclude delivery charges. Any delivery charges incurred will be advised to you on the order form. If a price changes at any time but this will not affect orders we have already confirmed. We will verify prices before confirmation of an order, however if the item has been priced incorrectly we will contact you for instructions before commencing with the order. Even after confirmation if a price is grossly incorrect we are under no obligation to provide with the product.
	4.3	Payments are processed via PayPal or in store PDQ machine. We will only process payments on verification of your prescription.
5	Your Obligations
		5.1.1	All Customers
		5.1.2	The spectacles or contact lenses purchased through our online practice are to be used as directed by your optometrist or ophthalmic medical practitioner.
	5.2	Contact Lens Customers
		5.2.1	by placing an order you confirm that;
			a) You have a valid current contact lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optician or contact lens practitioner for the contact lenses which you are ordering.
			b) The data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification.
			c) You consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required, and that of 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.
			d) You know of no reason why the contact lenses, which you are ordering, would not be appropriate for you.
			e) You are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
			f) The order placed through this website represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person.
			g) You are aged 18 years or over.
			h) You are legally capable of entering into binding contracts.
	5.3	Prescription Glasses and Prescription Sunglasses
		By placing an order you are confirming that;
		a)You have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses, which you are ordering.
		b)The data you provide to Clive Kay Opticians concerning the condition of your eyes corresponds to the data found on your current prescription.
		c)You consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we would 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.
		d)You know of no reason why the prescription glasses, which you are ordering, would not be appropriate for you.
		e)You are not experiencing any discomfort with the prescription glasses you are currently prescribed to wear.
		f)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.
		g)You are aged over 18 years old.
		h)You are legally capable of entering into binding contracts.
	5.4	NHS Voucher Holders
		We will not be able to honour NHS vouchers on our online practice.
6	Deliveries and Inspection of Goods
	6.1	We can only deliver to valid addresses in England, Scotland, Wales and Northern Ireland.
	6.2	We will deliver prescription glasses, prescription sunglasses, non prescription glasses, contact lenses and accessories to the address specified by you on your order as soon as possible by standard mail services.
	6.3	We aim to dispatch all products within 14 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays out of our control delivery should not exceed 30 days.
	6.4	Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7	Risks During Transport
	7.1	Clive Kay Opticians shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. The risk will pass to you at the moment of delivery.
8	Warranty
	8.1	Clive Kay Opticians warrants that the products to be delivered comply with the agreement between Clive Kay Opticians and you and with your specification (for contact lenses) and/or your prescription (for prescription glasses/sunglasses) (“Warranty”). However, Clive Kay Opticians 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 is caused by negligence of Clive Kay Opticians, its directors, employees, affiliates or other representatives.
	8.2	If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the warranty you should return them immediately to Clive Kay Opticians. Please refer to the Returns Policy. You may request that Clive Kay Opticians replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.
	8.3	The warranty will not apply if a defect has arisen due to any improper use by you of the product or if you or a third party without Clive Kay Opticians written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
9	Privacy
	9.1	We process personal information about you for use with your order only. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.
10	Cancellation Right
	10.1	If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the website within 7 working days following the day your order is delivered to you. To cancel the contract please contact us by either phone or email to request a returns reference and the relevant returns address. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.
	10.2	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 Clive Kay Opticians 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 Clive Kay Opticians, our agents or employees; b) due to a manufacturing design or design fault; or c) due to fair wear and tear.
11	Retention of Title
	11.1	Clive Kay Opticians remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you.
12	Liability
	12.1	Any liability of Clive Kay Opticians (whether in contract, tort or otherwise) resulting from delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
	12.2	Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
	12.3	We will use our best endeavours to deliver the goods to you within the timeframes set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events or in verifying your prescription. Such events may cause the delivery or your order to be delayed. Any delay in 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.
	12.4	Without prejudice to the provisions set out above, Clive Kay Opticians will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
	12.5	Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any damage that may arise from your use of them or your reliance on content contained in them.
	12.6	Clive Kay Opticians does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Clive Kay Opticians, its directors, employees, affiliates or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for nay breach on the statutory implied terms as to title.
	12.7	Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods of their fitness for purpose.
13	Force Majeure
	13.1	Neither Clive Kay Opticians nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing due to a circumstances outside or respective control including but not limited to postal strikes, electrical failure, transport interruption strikes, lock outs or other industrial action civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster., impossibility of the use of railways, shipping, aircraft, motor transport or other means of public service or private transport, impossibility of the use of public or private telecommunications networks, the acts, decree, legislation, regulation or restriction of any government etc. (“Force Majeure”). Force the purpose 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 Clive Kay Opticians control, but as a consequence of which Clive Kay Opticians is unable to fulfil its obligation.
	13.2	While a Force Majeure continues to operate, Clive Kay Opticians and you may suspend their respective obligations under any agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Clive Kay Opticians as terminated without further obligation to the other.
	13.3	If Clive Kay Opticians has already fulfilled its obligation under any agreement in part when Force Majeure occurs, Clive Kay Opticians will be entitled to charge you for that fulfilled part.
	13.4	Once Force Majeure is operating if you have paid for a product yet to be dispatched to you, Clive Kay Opticians shall return to you the amount paid.
14	Returns Policy
	14.1	Refunds/Replacement
		14.1.1	Clive Kay Opticians will issue a full refund or replacement of goods in all instances where;
			a) Prescription glasses/sunglasses or contact lenses are supplied in the wrong prescription/specification.
			b) Products are supplied damaged.
			c) Products ordered by you (and which are confirmed by Clive Kay Opticians as available) either within 21 days of the dispatch date do not arrive at the delivery address.
			d) Products you have ordered are returned to Clive Kay Opticians as undeliverable by the postal service.
			e) You exercise your cancellation right and you have cancelled the contract between us within the seven-day cooling off period.
		14.1.2	a refund or replacement will be issued to you following receipt by Clive Kay Opticians of the returned goods. Such refund or replacement will be provided within 30 days of the date the returned goods are received.
	14.2	All Returns (except undeliverable items)
		14.2.1	you should report immediately to customer service in the event you wish to return the goods for any of the reasons set out above. Clive Kay Opticians will issue you with a returns reference and advise you of the applicable returns address.
	14.3	Undeliverable items
		14.3.1	if goods are returned to Clive Kay Opticians as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by Clive Kay Opticians of the goods, then a refund will be made within 30 days of that date.
	14.4	Clive Kay Opticians will pay the postal charges for goods returned under this Returns Policy.
	14.5	Late Returns
		14.5.1	If we do not receive the returned good within 35 days of your cancellation, we will make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation you will be deemed to have accepted the goods. At this point a new purchase contract will arise and you will be charged the order price for the goods.
	14.6	Clive Kay Opticians may refuse to accept future orders from those who have made previous unsubstantiated claims for no delivery of goods or for the failure to return he goods within the times specified.
	14.7	Refunds
		14.7.1	Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same payment details as supplied to pay for the goods. Clive Kay Opticians reserve the right to proportionately reduce the level of the refund if only some of the original quantity of the products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
	14.8	Defective Goods
		14.8.1	nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to Customer Services as soon as possible after discovery of the problem.
	14.9	If you have any questions regarding the returns policy please contact our Customer Services.
15	Intellectual Property Rights
	You may not use any of the Intellectual Property Rights in the Website or in the products without express written consent of Clive Kay Opticians.
16	Changes to Terms and Conditions of Purchase
	16.1	Clive Kay Opticians reserves the right to revise and make changes to these terms and conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the Terms and Conditions of Purchase 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 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 the products).
17	Severability
	17.1	If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unforeseeable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
18	Written Communications
	18.1	When using are site for orders you accept all forms of communication with be by electronic means complying with any legal requirement that such communications be in writing.
19	Transfer of Rights and Obligations
	19.1	The contract between you and us is binding on you and us.