Terms and conditions

 

Please read through the terms and conditions carefully before registering for an offer on our website and ordering any products at your nearest Specsfactory partner optician. Upon purchasing a Specsfactory product, you agree to the terms and conditions of purchase.

1 General Provisions

1.1. The following terms and conditions are applicable to all, who purchase a Specsfactory product at a partner optician. The contract is between the buyer and Specsfactory.

1.2. The service is provided by the partner optician and Specsfactory Germany Ltd supplies the products.

1.3. When purchasing a Specsfactory product at one of our partner opticians, you agree that Specsfactory supplies you with healthcare products, including prescription glasses, sunglasses, accessories and related products, (in these terms and conditions also known as “goods” and “products”)). The companies details, you have purchased from, will appear in the receipt provided to you by your nearest partner optician.

Prices

The overall prices promoted for Specsfactory products online,  reflect both the charge for the glasses (frame and lenses), 20% VAT as well as the provision of a tax free insurance. 

3 Purchasing a product 

3.1. The display of any products or promotions at our Specsfactory partner optician or online, shall be construed as an advertisement and not as an offer. On the day of your appointment, your nearest optician will fill out a Specsfactory order form with you and provide you with a fixed price. If the order is accepted and technically possible, this will result in a binding contract between you and us (“Contract”).

3.2. Once you have submitted the order form with an optician, both Specsfactory and the optician will keep hold of your order details. Your order is manufactured by Specsfactory's production facility, once your prescription has been verified. 

3.3. Specsfactory may not be bound by its acceptance of your order if there is an error in any advertisement or representation made by Specsfactory associated with it, including, however not limited to any pricing error on the website. Please read through the footer of any offer and bear the validation time period of an offer in mind.

3.4. You will be informed by e-mail or telephone if the product you have purchased is not available or technically not possible.

3.5. If a product purchased is not available, Specsfactory will offer you a substitute product of equivalent quality and price. If Specsfactory is unable to provide you with an alternative or you do not agree to accept such substitutes, Specsfactory shall reimburse you payment within 14 days of the date Specsfactory receives you order (Refunds policy).

3.6. Orders can only be accepted from residents living in the United Kingdom.

4 Payment

4.1. Payment can either be made upfront in full or 50% deposit upon ordering. The outstanding amount is to the be paid upon collection.

4.2. The prices stated on our website and in our advertisement include VAT. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, however changes will not affect orders in respect of which we have an error. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will verify prices as part of dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's price is higher than the price stated on our website, we will at our discretion, either contact you for instructions before dispatching the product, or reject your order or notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after the product has been ordered.

4.3. Payment can only by made with a credit or debit card at a partner optician's store. Your card details will be encrypted to minimize the risk of authorized access or disclosure.

5 Obligations

5.1. All customers
You undertake to comply to the Specsfactory terms and conditions as well as guidelines provided by your nearest Specsfactory partner optician on the day of your appointment. 

5.2. Prescription glasses

If you decide to purchase glasses at one of our partner opticians / optometrists and wish to use the prescription provided to you by your previous optician, please confirm the following:

a) That the prescription data provided to your nearest Specsfactory partner optician is valid.

b) You agree, that our partner optician contacts your previous optometrist to confirm that your prescription details are correct. If the verified prescription details do not correspond with those provided by you, our partner optician will not be able to process an order with you, without preforming a  new eye test with you.

c) You are 18 years of age or over.

d) You are legally privileged to enter a binding contract.

5.3. NHS voucher holders

You warrant, that you hold a valid NHS voucher – please note that you will need to bring the voucher with you on the day of your appointment at your nearest partner optician as the NHS voucher will be deducted from the retail price. 

6 - Delivery and inspection

Please note - the products will be despatched and delivered within a period of 3 weeks to your nearest partner optician.  

6.1. Once your glasses are delivered to your nearest Specsfactory partner optician, you will be informed either via email or contacted via phone that your glasses are ready for collection and need fitting.

6.2. We aim to dispatch all products upon completion and within 21 working days from the date of your order, subject to validation of your prescription. Please note, we do not guarantee the availability of products or dispatch times. Subject to delays outside Specsfactory control, the overall delivery period should not exceed 30 days.

6.3. Please inspect the goods upon collection for damages, defects or discrepancies. In the event, that the goods are faulty or the prescription is incorrect, please return the goods with immediate effect to your nearest partner and have them replaced if necessary under either your 100% satisfaction guarantee or 1-year insurance.

6.4. Specsfactory shall bear the risk of any damages, theft or loss that occur during transport to the partner optician. The risk will be passed to the customer on the day of collection. Upon collection, please inspect the product/s to check for damages. If there is any damage, please do not use the product/s and return them as set out in the returns policy.

7 Insurance:

7.1. Insured are those, who have purchased a product from Specsfactory and have completely paid for their product.

7.2. The Specsfactory insurance covers 75% of the costs, whilst the other 25% are covered by yourself.

7.3. Your insurance applies when damages to your glasses / lenses as well as changes in your prescription of at least 0,5 dioptre, have taken place within the first 12 months from the date of purchase.

7.4. In such cases, you are to bring your glasses to your partner optician for inspection. The partner optician will then decide, whether the glasses can be repaired or the needs to completely be replaced. 

7.5. Once the insurance expires, Specsfactory will no longer cover for any damages or changes to your prescription.

7.6. Insurance will not apply if a defect has risen due to any improper use by you. This also includes repairs that have been made by third parties.

8 - Warranty

8.1. Specsfactory warrants that the products delivered, comply to the agreement between Specsfactory and the consumer, in addition to that the glasses are manufactured according to the prescription details provided. However, Specsfactory may not be held responsible if your eyes do not tolerate any glasses, except when the lenses were not manufactured correctly according to the specifications provided.

8.2. If the product provided is faulty or damaged during fitting by a Specsfactory parner optician, Specsfactory will replace the product free of charge. If the partner optician performs an eye test and the prescription details are incorrect, Specsfactory will replace the lenses according to the new  prescription free of charge. 

8.3.The warranty will not apply if a defect has risen due to any improper use by you of the products, if you or a third party without Specsfactory written permission attempted to modify them or used them for purposes for which they are not intended.

8.4. Should further upgrades be requested and included in the remake of the faulty glasses, the additional costs for the upgrades need to be covered either upfront or upon collection.

9 - 100% Satisfaction guarantee:

If you are unable to adapt to your glasses, you have the right to exchange your lenses twice within the first 6 months from the date of your purchase at Specsfactory's costs. Should performing this fulfilment lead to high costs, this will limit the customers right of fulfilment. During a replacement, you are to accept an alternative product with similar features being either of equal or higher value. If you wish to take a product of lower value (Bifocals or single vision glasses) within the framework of the 100% satisfaction guarantee, you will receive a refund of the difference. However, should the value of the replacement exceed that of the original order, the fee is to be covered by you.

10 - Privacy

10.1 Please read through our privacy policy carefully to understand our use of treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.

11 - Cancellation Right

11.1. If you are contracting as a consumer, you may only then cancel the contract and return the product to a Specsfactory partner optician if you cannot tolerate your lenses and Specsfactory cannot offer you an appropriate alternative (depending on your prescription). To cancel your order, please contact the customer care team (either by phone or email). If you return the products, you are obliged to comply with the requirements of the returns policy. You must return all the products in the re-sealable packaging provided with them.

12 - Retention of Title

Specsfactory remains the owner of any products delivered to the partner optician until the purchase price has been paid in full and no right of cancellation remains available to you under 11.1.

13 - Force Majeure (events outside of your or our control)

13.1. Neither Specsfactory nor you, will be obliged to fulfil any contractual obligation if either of us is prevented from doing so, due to circumstances outside our respective control, This includes, however is not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war, or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence’s, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. etc.

14 - Returns Policy and Refund

14.1. Specsfactory can issue a full refund if

a) You cannot tolerate your glasses.

b) The glasses are delivered faulty. 

c) The glasses are manufactured according to the prescription details provided.

You can either make use of your 100% satisfaction guarantee. Your lenses will hereby be replaced once or you can switch to bifocals or single vision. If Specsfactory cannot offer an appropriate alternative due to a very high prescription, a full refund will be made.

14.2. If there is a delay in the delivery of the product ordered with a partner optician, depending on the reason, you can request a discount. Please notify the Specsfactory customer care if there is a delay.

14.3. Specsfactory provides a replacement if: 

a) The prescription glasses are supplied with the wrong prescription/specification.

b) Products are supplied faulty.

C) The partner optician accidentally damages your glasses during fitting.

14.4. All returns
You should report immediately to the customer care team in the event that you wish to return the goods for any of the reasons in Clause 14.1. Specsfactory will ask you to return your prescription glasses to the Specsfactory store from where you collected them.

14.5. Refunds will be limited to the maximum value of the original order and will only be issued against the same payment details as supplied to pay for the goods. Refunds and payments of discounts will take place within 30 days via back transfer. We therefore require the customers bank details in order to do a bank transfer. Refund is not possible via card terminal back to credit or debit card. Refunds can be refused as long as the product has not been returned to the Specsfactory partner opticians. Should the product be returned in a 

14.6. Defective goods,
Nothing within the terms and conditions of purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to customer care team as soon as possible after discovery of the problem.

If you have any questions regarding the returns policy please contact our customer service.

15 - Intellectual Property Rights

You may not use any of the Intellectual Property Rights on the Website or in our products without express written consent of Specsfactory.

16 - Changes to the terms and conditions

The group reserves the right to revise and make changes to these terms and conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in our system's capabilities. You will be subject to the terms and conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

17 - Waiver

17.1. If you breach these terms and conditions of purchase or if we fail to insist upon strict performance of any of your obligations under the contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach then and this shall not constitute a waiver of such rights or remedies and shall not reliever you from compliance with such obligations.

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3. No waiver by us of any of the terms and conditions of purchase shall be effective unless it is expressly stated to be waiver and is communicated to you in writing.

18 - Severability

If any of these terms and conditions of purchase us deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

19 - Written communications

19.1. Applicable laws require, that some of the information or communication sent to you should be in writing. When using our website, you accept that communication with us will mainly by electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contract notices, information and other communication provided to you electronically, complies with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.

19.2. All notices given by you to us must be given to Specsfactory customer care team per email: at info@specsfactory.co.uk. We may give notice to you either by email or phone immediately when posed on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such email was sent to the specified email address of the address.

20 - Transfer of rights and obligations

20.1. The contract between Specsfactory and the Consumer is binding and on our respective successors and assigns.

20.2.You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.

20.3. You may not transfer, assign, charge, sun-contract or otherwise dispose of the contract, or any of your rights or obligations arising under it, at any time during the term of the contract and will use reasonable endeavours to inform you in advance of any such assignment.

21 - Entire Agreement

21.1. Specsfactory intends to rely upon these terms and conditions together with any documents expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral in writing. You should therefore carefully read these terms and conditions of purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Customer Service.

21.2. We acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these 7erms and conditions of purchase or any document expressly referred to in them expressly agreed in writing between us.

21.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

22 - Jurisdiction and applicable law

The terms and conditions of purchase and the contract shall be construed in accordance with English law. Any dispute arising from or related to the terms and conditions of purchase or the contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.