Kay Optical
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Terms & Conditions

Delivery Promises

Post and Packing

Product Availability

Payment

Returns and Cancellation Policy

Warranty

Complaints

Errors and Omissions

Contract

Offer

Privacy Notice

Compliance with Laws

Severance

Waiver

Survival

Refusal of Transaction

Liability

Intellectual Property

Copyright

Delivery Promises:

We will try to deliver the goods to you within the time estimated for delivery. If we are unable to do so we reserve the right to deliver them within thirty days beginning with the day after the day of the agreement between us.

Items in stock will be delivered in 2-4 days.

If an item is out of stock we will get hold of it as quickly as possible as soon as we receive it we will send it to you on 2-4 day delivery.

Some items may not be held in our warehouse and may be despatched directly from suppliers.

When you place an item in your trolley an indication will be given as to availability and every possible attempt will be made to fulfil our delivery obligation.

If you wish to check the likely delivery date please email us using form in ‘contact us’ section.

Performance Requirements: The buyer has the right to cancel any order not delivered within thirty days from the date of placing the order, inclusive of that date and without penalty.

Post and Packing:

For items under £10 in value we will despatch by Royal Mail – the cost will be £2.50

For most items under 10kg we will despatch by Citilink – the cost will be £9 or £15 in Highlands and Islands or Northern Ireland.

A few exceptionally heavy items shall be delivered at a cost of £32, or up to £45 if delivering to the Highlands and Islands or Northern Ireland.

Please note we can only accept and deliver orders to UK addresses.

For security reasons we can only deliver to the cardholders / account holder’s address.

A signature is required for all items despatched by courier.

If you wish to check likely delivery date please click onto the courier link.

Our 2-4 day delivery is only available on items that are in stock at our warehouse.

If an item is out of stock, we will get hold of it as quickly as possible, and when we receive it, will send it to you using our 2-4 day delivery service.

When you place an item in your trolley an indication will be given as to availability:

In Stock - Item is available in our warehouse.
Usually available within 14 days - Item is out of stock, but is expected soon. Will be dispatched to you when received at our warehouse.
Ordered Upon Request - Item is out of stock. We will order it for you and dispatch it when it arrives at our warehouse.

Product Availability:

Our web site is regularly updated throughout the day, to ensure that we provide accurate details on product availability, however, we cannot guarantee availability. Orders placed outside our warehouse open hours (9 a.m. - 5.30 p.m. UK time weekdays) may be subject to change. We will contact you as soon as possible if this is the case.

If a product is shown as being out of stock in our warehouse, there is still a chance that a branch may have stock. As such, we may be able to deliver more quickly than indicated on-line.

If you place an especially high-value order we reserve the right to contact you for further confirmation of your order details, prior to authorisation.

Payment:

We accept most major credit and debit cards, including:

Visa Debit / Credit Mastercard Maestro UK Visa Delta Electron Solo

We may offer finance to customers subject to status. This shall be offered subject to clearly detailed contract arrangements, a copy of which shall be retained by the buyer. Your statutory rights under The Distance Selling Regulations 2000 and The Sale of Goods Act. 1979 (as amended) are not affected.

Details of your statutory rights are available on www.oft.gov.uk and www.dti.gov.uk.

Returns and Cancellation Policy:

We want you to be absolutely satisfied with your purchases and if for any reason you are not happy please return it within 30 days and we will replace, exchange or refund it at your request - subject to the following conditions:

The goods must be returned with all accessories, packaging, instructions, etc and must be in unused condition.
Digital products can only be accepted if the software is still sealed.
This offer does not apply to film or other sensitised materials, or to developing and printing services.
A proof of purchase must be supplied.
You must return any free gifts which came with the product.
We will not refund any items that have been specially made to your individual specification or personalised.

This does not affect your statutory rights.

Should any buyer return an item for any reason other than those allowable under the Sale of Goods Act, as is your right within 7 days of receipt under the Distance Selling Regulations, the buyer shall be liable for return postage as allowed by Regulation 8.2 of said Act and must ensure that the product is complete as supplied, in a re-saleable condition and is properly packaged and insured.

Should a buyer wish to return defective goods, the buyer must make all goods supplied available for collection by our courier, at our cost on a working day. The buyer will undertake to pack the goods in their original protective packaging, if available, but in any event, adequately for transit of goods of the nature supplied. A refund of monies paid will be made by the method of original payment and only for the goods made available to the seller for collection. Collection of the goods will be from an address and on a date to be mutually agreed between the seller and the buyer. Where goods are not made available for collection we reserve the right to charge the buyer any cost incurred in collection.

Where the goods are being returned as faulty, the seller will reserve the right to inspect the goods and to verify that the goods are defective and those defects are attributable to the goods supplied as claimed by the buyer, before offering a replacement or refund. Should the goods be found not to be faulty the Company may require the consumer to pay for return postage as allowed by Reg 8(2) of the Distance Selling Regulations 2000 by way of deduction from refund.

To arrange for return of your goods please contact us using the on-line contact form. Alternatively you may write to us at:

Kay Optical
89(b) London Road
Morden Surrey
SM4 5HP

Where we are responsible for uplift please do not return goods without contacting us to arrange collection.

Warranty:

In addition to your statutory rights, all products are covered by the manufacturer's warranty. Failure of the goods within the warranty period should be referred to relevant manufacturer. Should you require contact details you may contact us for advice.

Complaints:

We value our customers' satisfaction very highly. If you have any complaints regarding your Web Order please email on complaints@kayoptical.co.uk.

Should you require to call us please phone: +44 020 8648 8822

We apologise if your call is not answered promptly as our staff may be dealing with other issues.

Errors and Omissions:

We make every effort to ensure that the information on our site is accurate and up to date. Products may vary slightly in terms of colour or minor detail from those shown. We will promptly correct any errors brought to our attention. If you find an error please contact us.

We can accept no responsibility for information or opinions from third-parties, contained within this site, or for the content of links from this site.

We reserve the right to withdraw any item from sale, at any point, prior to contract completion, for whatever reason.

Contract:

The buyer and seller shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

The product shall be provided to you for private domestic and consumer use only

Accordingly under no circumstances does the company accept liability for any business loss (which includes without limitation any loss of contract, loss of profits, loss of revenue, loss of anticipated savings in expenditure, or any loss or corruption of data) as a result of the company's breach of this agreement or the company's negligence or otherwise. Each party shall only be liable for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

The seller shall not be liable for the costs of carriage where the failure of the goods arises from the buyer's misuse or there is no remedy under the terms of the contract.

Offer:

The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.

The contract is deemed to be made upon our despatch of the goods.

Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by email and in which case there will be a concluded agreement between you and us.

Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by email or phone and offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid. You may accept our offer by email within the period stated and in which case there will be a concluded agreement between us.

Please note that we reserve the right to not supply goods where we have reasonable grounds to believe that an order may be fraudulent, even if this is upon completion of a contract, so as to safeguard both legitimate parties interests.

Privacy Notice:

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

Processing your orders
For statistical purposes to improve this Website and its services to you
To serve website content to you
To administer this website
If you consent, to notify you of products or special offers that may be of interest to you. (We need opt-in function)

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

When you create a shopping account while ordering online you will be given the option to receive information from Focus on Price.co.uk by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you select the appropriate option as you go through the registration process. You may unsubscribe from our contact list at any time by accessing your account and amending the options.

Your Personal Information may be disclosed to freight businesses who will help process your order. We require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company for marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and / or User Information we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time - if you do not accept Cookies you will not be able to use this Website.

Please check back frequently to see any updates or changes to our privacy policy.

Compliance with Laws:

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts

Severance:

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall not be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver:

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival:

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Refusal of Transaction:

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website, removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

Register by providing your real name, phone number, e-mail address, payment details and other requested information
Be over 18 years of age
Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
Possess a valid credit or debit card issued by a bank acceptable to us

Liability due to circumstances beyond our control:

The Company shall not be liable for any delay or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company, i.e. acts of god, riots, floods, fire, earthquake, war, civil commotion.

Intellectual Property and right to use:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Copyright:

The design and text of this site is Copyright © Kay Optical Limited.

Some product images and product descriptions within this site are Copyright © their respective owners.

All brand names, logos and trademarks are property of their respective owners.

© Kay Optical
89(b) London Road Morden Surrey SM4 5HP
Tel: +44 020 8648 8822 Fax: +44 020 8687 2021
Email: info@kayoptical.co.uk