Terms & Conditions
This page (together with any documents referred to on it) advises you of the terms and conditions on which we supply any of the products (Products) listed on our website, brosgillopticians.co.uk, to you. Please read these Terms and Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
Please click on the button marked "I accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions you will not be able to order any Products from our site.
This website at www.brosgillopticians.com is the property of Lineastral Limited. We are registered in England and Wales under company number 2314770 with our registered office being at Century House, 29, Clarendon Road, Leeds LS2 9NZ. Our main trading address is 55, Street Lane, Roundhay, Leeds LS8 1AP. Our VAT number is 481991800.
We are regulated by the General Optical Council.
- Variation of these Terms and Conditions
- The contract between us
- Restrictions on the formation of this contract
- The goods to be supplied
- Rights for you to cancel your contract
- Cancellation by us
- Delivery of goods to you
- Inspections of goods
- Events beyond our control
- Third party rights
- Governing law
- Entire Agreement
1.Variation of these Terms and Conditions
We reserve the right to change or modify these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically. Your use of the Site following the posting of any changes means you accept and agree to the changes.
2.The Contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provided in your order form. Our acceptance of your order brings into existence a legally binding Contract between us.
3. Restrictions on the formation of this Contract
In order to order from us you must:
(a) Be over the age of 18 years.
(b) Be legally capable of entering into binding Contracts.
(c) Not be ordering on behalf of someone under 18 years of age.
(d) Not be registered blind or partially sighted.
(a) The price payable for goods that you order is as set out in our website.
(b) The prices on the site include any Value Added Tax (VAT) payable.
(c) You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
(d) If delivery is to be made outside of the United Kingdom you may be liable for additional customs duties on your order. We cannot predict what these may be or prevent them being applied. For further information we recommend that you contact your local Customs Bureau.
5.The Goods to be Supplied
(a) A description of the goods is set out on the site. Whilst we will attempt
to ensure that there are no changes to the goods it is possible that there might be some minor variations to their description and/or specification which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the goods.
(b) We cannot guarantee that the colours of the product shown on the site
will look like the actual product that you receive. Although we use highly advanced photographic techniques and take special care to ensure accurate colour representation, actual colours can vary from virtual colours due to the varied colour settings used by your computer monitor.
(c) When ordering, you must provide us with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must have been given to you by a registered Medical Practitioner or registered Ophthalmic Optician (Optometrist) following a site test by him or her within the last 24 months.
(d) The goods will contain lenses made up to the prescription provided by you. It is your responsibility to ensure this information is accurate.
(e) Unless you state otherwise we use an appropriate average pupillary distance (PD) to complete your order. By agreeing to these Terms and Conditions and unless you state otherwise you accept a PD measurement of 63 mm for single vision distance lenses and of 60 mm for single vision reading lenses. We recommend that you consult your optician to obtain your PD before ordering and provide that number to us when ordering via the "Pupil Distance" option on the order form.
(f) The goods will be fitted with lenses of prescriptions spherical power of no greater than +6.00 or -8.00 dioptres and cylindrical power of no greater than +/-2.00 dioptres. Prescriptions outside of this range unfortunately cannot be fulfilled.
6.Rights for you to cancel your Contract
(a) You may cancel your Contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty.
(b) To cancel you must notify us in writing by either e-mail or post.
(c) If you have received the goods before you cancel your Contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your Contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
(d) Once you have notified us that you are cancelling your Contract any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
7. Cancellation by us
We reserve the right to cancel the Contract by us if:
(a) We have insufficient stock to deliver the goods you have ordered;
(b) We do not deliver in your area; or
(c) One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your Contract we will notify you by e-mail and we will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8.Delivery of goods to you
(a) We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
(b) Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
(c) You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
(d) You agree that will not be liable for any losses, damages or charges incurred as a result of the late delivery of goods.
9. Inspection of goods
(a) Upon delivery you should carefully inspect the goods. If any of the goods supplied are damaged or lost please contact us to inform us of the problem within 5 working days and do not use the goods.
(b) Each of the goods supplied will contain written confirmation of the prescription used. If the prescription stated does not match the prescription ordered please contact us to inform us of the problem within 5 working days; do not use the goods.
(a) If the goods we deliver are not what you ordered or are damaged or
defective or the delivery is of any incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address with the problem within 10 working days of the delivery of the goods in question.
(b) If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) To make good any shortage or non-delivery;
(b) To replace or repair any goods that are damaged or defective; or
(c) To re-fund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law we will not be liable for you for any indirect or consequential loss, damage or expenses (including any loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6 above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
11.Lineastral Ltd is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, (site owner) makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liabilities of (site owner) howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by the law.
12. Neither Lineastral Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
13. Notwithstanding the foregoing, none of the exclusions and limitation in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Unless otherwise expressly stated in these Terms and Conditions all notices from you to us must be in writing and sent to our contact address at
55, Street Lane, Roundhay, Leeds, LS8 1AP and all notices from us to you will be displayed on our website from time to time.
15. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have
ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown assistance or network access, flood, fire, explosion or accident.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
19. Governing law
The Contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
20. Entire agreement
These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy, policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.