Please make yourself familiar with the following terms and conditions, which cover all orders from Atlantic Optical. Please note they do not affect your statutory rights. 1.About these conditions- “Atlantic Optical” and “atlanticoptical.co.uk” means Atlantic Optical (UK) Ltd. (Company No. 3075278), based at Atlantic Optical (UK) Ltd., 7-9 Willowbrook Business Park, Llandogo Road, St. Mellons, Cardiff, CF3 0EF and trading under www.atlanticoptical.co.uk “Order” refers to orders placed as set out in section 2 below. “Goods” means any items that you want to purchase through an order that we make available for sale. “Site” refers to the website operated and owned by Atlantic Optical 2.Goods orders 2.1 Submission of an Order constitutes an offer to purchase Goods from Atlantic Optical. No initial confirmation of receipt of the Order by Atlantic Optical, whether verbally or by e-mail, will represent an acceptance of that Order. Accompanied by a valid authority to debit the price of the Goods from your debit card or credit card account. 2.2 Atlantic Optical reserves the right to reject any Order on any grounds and if it does accept an Order then it will despatch an official acceptance of the Order to you by email if you have given Atlantic Optical your email address, or if not then by fax if you have given us a fax number of if not then by ordinary post. 2.3 A binding contract will exist between Atlantic Optical and you as soon as we have accepted your Order. 2.4 If you want to change your Order, please contact us as soon as you can. If we have not yet made up the goods in accordance with your initial Order, then we will endeavour to meet your changed requirements but cannot guarantee to be able to do so. 3.Your obligations - 3.1 When you place an Order, you must give accurate contact details of yourself, or Atlantic Optical has the right to reject the order. 3.2 By placing an Order you also confirm that you do not know any reason why the Goods might be unsuitable for you. 3.3 If Atlantic Optical so requests then you must prove that you are eligible to buy the Goods. 3.4 You must provide Atlantic Optical with details of any problems you have experienced when wearing glasses in the past. 3.5 By placing an Order, you confirm that you are an individual consumer and that the Goods are solely for your own personal use and are not for resale in whole or in part. 4.Fulfilment (inc. Prescription Orders) 4.1 Atlantic Optical will make every effort to fulfil Orders promptly and effectively. The availability of Goods can sometimes be out of our hands, though. If Goods are unavailable, Atlantic Optical will offer you alternatives or your money back. If you do not respond to such offer within five business days Atlantic Optical has the right to provide replacement Goods of similar quality or refund your money. 4.2 Atlantic Optical makes every effort to make sure your Goods match the Site descriptions. However, small variations can occur to parts, owing to manufacturers’ changes. 4.3 Atlantic Optical has absolute discretion on whether to accept or reject an Order.5. Delivery - 5.1 Delivery of Goods is effected when the Goods are consigned by us into the Royal Mail (or other delivery system). 5.2 Delivery will be effected no later than 28 days after we have accepted your Order or, if a face-to-face consultation is required, 28 days after such consultation with a Atlantic Optical optician, if this is necessary.6. Inspection 6.1 When you receive Goods from us you should inspect them immediately and carefully. It is your responsibility to contact us if anything is missing, or if they appear not to match the description or seem damaged or defective. If so, do not use them. You must also notify us if you have difficulty using the Goods. 6.2 It is your responsibility to check the written information about the Goods and to contact us if the Goods do not appear to match the written information and/or your prescription. 6.3 Should your Goods prove defective when delivered, at our discretion we will repair or replace them or offer a refund provided you return them in the same condition as you received them and with the packaging intact. 6.4 If Goods appear faulty, Atlantic Optical will pay the costs of returning them to us, including postage, packing and delivery. Note, though, that you are responsible for these costs until they are received by Atlantic Optical. 6.5 If you think that the Goods appear faulty you should not wear them or use them 7.Transfer of risk 7.1 If you cancel your Order risk remains with you until Goods despatched by Atlantic Optical have been received back by Atlantic Optical in good condition. 7.2 If you want to cancel an Order and/or reject the Goods, then the risk of loss of the Goods remains with you until the Goods have been received back by Atlantic Optical. 8. Refund Guarantee 8.1 After you have cancelled your order in writing and returned the Goods to us, complete with all included items and packaging, Atlantic Optical shall, provided the Goods are in unused and the same condition as you received them, reimburse you within 28 days of the date we receive the Goods back from you. This refund will be for the price you paid for the spectacle frames but not postage and packing or other costs of returning the Goods to us. You will be reimbursed by the same method you used to pay for your Goods. 8.2 To claim your refund, your Goods must be in as-new condition; we must have received payment in full and you must have met all your obligations under these Terms and Conditions. 8.3 You are obliged to tell us immediately by e-mail, fax or post about any manufacturing defects you notice within 3 days of delivery. At our absolute discretion, we will repair or replace the Goods or refund your money. Note that we are unable to do this if we have not received the defective Goods from you or if the problem is due to misuse. 8.4 In the case of a manufacturing defect, Atlantic Optical will pay the return postage, packing and delivery of your Goods for repair or replacement. Reasonable postage costs of returning the defective Goods will also be paid for, subject to the request being made in writing. 9. Liability 9.1 This Agreement does not exclude or limit liability for fraud, death, personal injury or other liability caused by one party's negligence. 9.2 Atlantic Optical will not be liable to you for any losses, such as contracts, insurance cover, income, goodwill or profits. 9.3 Atlantic Optical shall not be liable to you for losses however caused in relation to this Agreement, even if advised of the possibility of loss or damage. 9.4 Atlantic Optical can accept no liability for non-standard use of the Goods or if loss or damage results from inaccurate, false or misleading information provided by you. 9.5 Our total liability to you with regard to legal claims connected with an Order will not exceed the total sums received by us for the Order. 10.General matters 10.1 The headings in these Terms and Conditions are purely for convenience and do not affect the interpretation of this Agreement. 10.2 The Contracts (Rights of Third Parties) Act 1999 and any laws that supersede or amend it shall not apply to these Terms and Conditions and third parties have no right to enforce any contract. 10.3 Your obligations and rights under this Agreement are not sub-contractible or transferable in whole or in part. 10.4 These Terms and Conditions and your Order are the entire agreement between us and supersede all other agreements, promises or statements about the Order, including on the Site and in our catalogue and sales literature. Neither party has a remedy if a term is not set out in these Terms and Conditions or in your Order, except in the case of fraudulent misrepresentation by the other party. Our representatives, staff or agents will not vary or waive these Terms and Conditions; any such changes will not be effective unless expressly agreed to by us in writing. 10.5 Either parties’ failure to assert its rights if these Terms and Conditions are breached does not mean those rights are waived. 10.6 Should any of these Terms and Conditions or Order be unenforceable, the others will remain in force subject to modifications that may be required to achieve their objectives. 10.7 English law and any relevant Order govern these Terms and Conditions. Both parties hereby agree that any disputes will be subject to jurisdiction of the English courts.11. Force Majeure-Atlantic Optical will not be liable for failing to fulfil its obligations under these Terms and Conditions because of any extraordinary event or circumstance beyond the control of each party, such as war, riot, natural disaster or strike action.12. Notices-Any notices to fiorellisunwear.co.uk must be in writing, by prepaid post, to Atlantic Optical, Unit 7-9 Willowbrook Business Park, Llandogo Road, St. Mellons, Cardiff, CF3 0EF or by fax to 029 20 362137. Notices to you must be by prepaid post, fax or e-mail to the address in your Order. Posted notices will be deemed received two working days after posting. If e-mailed or faxed, they will be deemed received in the absence of a failure notice.
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