Terms and Conditions
Terms and Conditions
Terms Conditions
Our Contact details:
Visionquick Limited
2 Ascot Road, Keytec 7 Business Park, Pershore WR10 2JJ United Kingdom
Phone: 01386 576130
Email: enquiries@visionquick.co.uk
Visionquick Limited is a Company registered in England and Wales no 622860
VAT Registration number 910 2415 76
Registered Office Address is:- c/o Duffy Regan & Co, 2 The Cross, Worcester, WR1 3AE
Purchasing from this Website
Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on Checkout and you will be asked for a few details that we need to be able to complete the order.
You must enter your prescription details in full to enable us to complete your order. By ordering prescription spectacles from this site your warrant that :-
- a) Your prescription is less than two years old, (Or less than one year old if you are over 70 years)
- b) You are over 16 years old,
- c) The order is for your own use.
- d) You are not registered blind or partially sighted
Due to limitations in the photographic processes, the website software and the colour rendition of display monitors and printers, all colour samples , swatches, example frames etc displayed on this site are approximations of the colour(s) of the actual product.
We accept most major credit cards and payment is via our secure payment server.
When your confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you a confirmation. We have included this term in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Shipping and Handling
Items will be shipped using either normal post, Royal Mail Special Delivery, or we may use a parcel service.
We reserve the right to contact you regarding shipping costs on very heavy items, as special conditions may apply.
Any offshore or highland deliveries may incur additional charges, we will always discuss this with you prior to shipment.
Delivery Schedule
Your order will be checked by our qualified opticians as soon as possible after you place it with us and passed to our laboratory for manufacture. Glasses are a bespoke, personal item made up especially for you and by their very nature need to be made to your exact requirements. If we have your selected frame in stock then we can generally post your glasses within 2-3 working days from receipt of your order.
We endeavour to keep as many frames and colour combinations in stock as we can, however it is not always possible to have every exact frame available at all times. As a result occasionally we may need to order the frame from our suppliers to fulfil your order. Likewise some lens power / prescription combinations may need to be specially ordered and this can also take additional time. Although we strive to despatch your order as soon as we can, occasionally it may take up to 28 days to fulfil you order
Credit Card Security
Visionquick provides very high levels of internet and physical security to ensure sensitive information is never compromised. We use Protx to process all credit card payments.
Credit/debit card details are secured within 128-bit encrypted sessions.
Sensitive information is stored on a heavily encrypted database that is protected by multiple government approved firewalls.
We do not hold sensitive information on our site, should anyone gain unauthorised access to the database the information they obtain will not allow them to recover credit card details or other sensitive information.
The possibility of obtaining sensitive information from the payment database is minimised due to high levels of encryption; firewall security and the measures taken to ensure the information is indecipherable.
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FULL TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site and Visionquick Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| "Account” | Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; |
| “Carrier” | Means any third party responsible for transporting purchased Goods from our Premises to customers; |
| “Content” | Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
| “Goods” | Means any products that Visionquick advertises and / or makes available for sale through this Web Site; |
| “Visionquick ” | Means Vision Quick Limited a company registered in England and Wales , Registered Number 6228640. |
| “Service” | Means collectively any on line facilities, tools, services or information that Visionquick makes available through the Web Site either now or in the future; |
| “Payment Information” | Means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| “Premises” | Means our place of business located at 2 Ascot Road, Keytec 7 Business Park, Pershore WR10 2JJ; |
| “System” | Means any on line communications infrastructure that Visionquick makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| “Web Site” | means the website that you are currently using www.visonquick.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business. Please see our Business Terms and Conditions of Sale.
4. International Customers
If Goods are being ordered from outside Visionquick’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Visionquick is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Visionquick cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Visionquick Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Visionquick Limited.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Visionquick or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site visionquick.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Visionquick Limited. To find out more please contact us by email at enquiries@visionquick.co.uk or post or telephone
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Visionquick or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Visionquick reserves the right to monitor any and all communications made to us or using our System.
11. Accounts
11.1 In order to purchase Goods on this Web Site and to use the form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Visionquick accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Visionquick immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Visionquick accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Visionquick or you may terminate your Account. If Visionquick terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Visionquick terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Visionquick reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Visionquick correspond to the actual Goods, Visionquick is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size model colour etc of the Goods that you are purchasing and provide personal prescription information.
13.3 Visionquick does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
13.4 All pricing information on the Web Site is correct at the time of going on line. Visionquick reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every day.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Visionquick processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Web Site include VAT. Visionquick Limited’s VAT number is :- 910241576
14. Delivery
14.1 If Visionquick receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Visionquick aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults or you wish to return them as not being suitable , you should contact Visionquick within 14 days to arrange a return and be issued with a Returns Authorisation Number. Goods must not be returned without prior authorisation and should be sent back using a delivery method that provides a proof of delivery signature. Visionquick is not responsible for paying shipment costs and can not be responsible for any goods unless they have been received and a proof of delivery signature from Visionquick has been obtained by the Customer. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. If a discount has been offered dependant upon buying multiple items and you return one of the items then the price you pay for the retained item will be recalculated so as to be our normal non discounted price for that item.
15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. Please contact us for a returns authorisation number in advance of returning the item. You are responsible for the costs of returning an item for inspection and or repair. We can not be responsible for repairs or replacements of Goods that have suffered physical damage, abuse or neglect howsoever caused.
15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Visionquick within 3 days and arrange collection and return. Visionquick is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Visionquick within 21 days of receipt. Goods can only be returned for this reason if the Goods can be re-sold, as new, without any additional work on the part of Visionquick Limited. You are responsible for paying shipment costs if Goods are returned for this reason.
15.6 If you wish to return Goods to Visionquick for any of the above reasons, please contact us to make the appropriate arrangements.
15.7 Visionquick reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1 Any use or enjoyment that you may have already had out of the Goods;
15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.3 The fact that the Goods consist of consumable items such as but not limited to cleaning cloths and solutions and that the packaging has been opened;
15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16. Privacy Policy
Visionquick does not disclose buyers information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the Remember Me Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to Tools | Internet Options | Privacy and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:
16.1 Take and fulfil customer orders
16.2 Administer and enhance the site and service
16.3 Only disclose information to third-parties for goods delivery purposes
17. Disclaimers
17.1 Visionquick makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
Visionquick reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Visionquick is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Visionquick accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Visionquick accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Visionquick Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Visionquick Limited.
20.3 Nothing in these Terms and Conditions excludes or restricts Visionquick Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to: enquiries@visionquick.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Visionquick shall be governed by and construed in accordance with the Law of England and Wales and Visionquick and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
