SUNGLASSES FOR SPORT LTD
Registered company number 6142163
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “Retail Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 “Seller” means Sunglasses For Sport Ltd, Power House, The Street, Old Basing, BASINGSTOKE, Hampshire RG24 7BY;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. These Terms and Conditions are available to view on the website and are also provided with the documentation included with Goods despatched to a customer.
2.1 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.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller’s current retail price on the Seller’s website (www.sunglassesforsport.com) at the date of order or as agreed between the parties. The price is inclusive of VAT unless otherwise specified and inclusive of delivery charges (UK mainland addresses only). For international orders delivery charges apply.
3.2 Payment of the total purchase price must be made in full before despatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. The Seller will use Royal Mail postal services for delivery and will use the Royal Mail ‘Signed For’ service for any order over £40.00 in value.
4.2 All Goods will be despatched within 2 working days of the order being placed. The Seller aims to despatch the same (working) day of the order. The standard delivery time does not apply to of stock items; special order items not held in stock or prescription sunglasses made to order. For these items an estimated delivery time will be quoted to the Buyer.
4.3 The Seller shall use its best endeavours to meet any date stated for delivery.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with any of the contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the Goods to the Seller. The Buyer shall be entitled to replacement Goods or a full refund including return postage costs.
6.3 Goods to be returned must clearly include the Buyer’s name and address and the original or copy invoice/delivery note number.
6.4 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.
6.5 Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a full refund by informing the Seller in writing (for example by email) within 14 days of receipt of the Goods. The Seller operates a “no quibble” return policy and no reason for returning the goods needs to be provided. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding any additional Special Delivery or International Delivery charges, if any) except for return postal charges within 14 days after the day on which the Seller receives the Goods back. This right to cancel does not apply where Goods are made to the Buyer’s specifications that is any time after the Seller has started to customise any materials (including manufacturing any Goods) in accordance with the Buyer’s personalised requirements.
6.6 Goods to be returned should be addressed to: Sunglasses For Sport Ltd, Power House, The Street, Old Basing, Basingstoke, Hampshire RG24 7BY United Kingdom.
In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of one year from the date of delivery. All Evolution sunglasses / eyewear are warranted for a period of 2 years from the date of delivery.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.