Welcome to Tortoise+Black. These Terms & Conditions apply to your use of the Tortoise+Black website and to purchases made through www.tortoiseandblack.com

Please read these Terms & Conditions carefully before placing an order. By placing an order with us, you agree to be bound by these Terms & Conditions.

Tortoise+Black is a trading name of J E Coakley Limited, registered in England and Wales under company number 5372141, with its registered office at Warmington Mill, Eaglethorpe, Warmington, Peterborough, PE8 6FW.

References to "Tortoise+Black", "we", "us" or "our" mean the above company. References to "you" or "your" mean the person using our website or purchasing our products.

1. About our products

We sell designer sunglasses, prescription eyewear, optical frames and related accessories through our website.

We take reasonable care to ensure that product descriptions, photographs, colours, specifications and prices are accurate. However, colours displayed on your device may vary slightly from the actual product, and minor variations in finish or appearance may occur.

All products are subject to availability.

Where a product becomes unavailable after you have placed an order, we will contact you as soon as reasonably possible and will provide a full refund for any amount you have paid for the unavailable product.

2. Prices

All prices displayed on our website are in pounds sterling (£) and include UK VAT where applicable.

We reserve the right to change prices at any time. However, the price applicable to your order will be the price displayed at the time you place your order, unless there is an obvious pricing error.

We make every reasonable effort to ensure that prices and product information are accurate. If we discover an obvious error in the price or description of a product you have ordered, we will contact you before dispatch.

If the correct price is higher than the price shown on the website, you may choose whether to proceed with the order at the correct price or cancel the order for a full refund.

3. Placing an order

When you place an order through our website, you are making an offer to purchase the products selected.

After placing an order, you will receive an email acknowledging receipt of your order. This acknowledgement confirms that we have received your order but does not necessarily mean that we have accepted it.

A contract between you and Tortoise+Black will be formed when we dispatch the products to you and send you a dispatch confirmation.

We reserve the right to decline or cancel an order before dispatch where, for example:

• a product is unavailable;
• we are unable to obtain payment authorisation;
• there has been an obvious error in the product description or price;
• we reasonably suspect fraudulent or unlawful activity;
• you do not meet the eligibility requirements for a particular product; or
• we are unable to fulfil the order for reasons outside our reasonable control.

If we cancel an order after you have paid, we will provide a full refund of the amount paid for the cancelled order.

4. Payment

We accept the payment methods displayed at checkout.

Payment must be authorised and successfully received before an order is dispatched.

All transactions are processed in pounds sterling unless otherwise stated.

Your payment details are processed securely by our payment providers. We do not have access to or store your full payment card details.

5. Delivery

We offer delivery options as displayed at checkout.

Delivery times shown on our website are estimates unless we expressly state otherwise.

We will deliver your order to the delivery address provided when placing your order.

You are responsible for ensuring that the delivery address is accurate and that someone is available to receive the order where required.

If an order is delayed or appears to have been lost in transit, please contact us and we will investigate this with the relevant delivery provider.

We remain responsible for the goods until they come into your physical possession, or the physical possession of a person you have identified to take delivery on your behalf.

Nothing in these Terms & Conditions affects your statutory rights relating to delivery.

6. Prescription eyewear

Prescription eyewear is subject to additional requirements because it is an optical appliance.

6.1 Prescription information

When ordering prescription eyewear, you are responsible for providing accurate prescription information and any other information requested by us, including your pupillary distance (PD) where applicable.

We will use the prescription information supplied by you when preparing your order.

You should carefully check all prescription information before submitting your order.

If you are unsure about any part of your prescription or PD measurement, please contact us before placing your order.

We may contact you if we require clarification or additional information before processing your order.

6.2 Prescription validity

Prescription eyewear will be supplied in accordance with the prescription and information provided to us, subject to any applicable legal and professional requirements.

We may require evidence of a valid prescription or contact the prescribing practitioner where this is necessary to fulfil the order safely and lawfully.

6.3 Eligibility

For prescription eyewear, you confirm that:

• the prescription supplied to us relates to the intended wearer;

• the prescription has been issued following an appropriate sight test by a registered practitioner;

• the information supplied to us is accurate to the best of your knowledge; and

• you will provide any additional information reasonably required to allow us to fulfil the order safely and lawfully.

We may decline to dispense prescription eyewear where we reasonably believe that we do not have sufficient or appropriate information to do so safely or in accordance with applicable optical regulations.

6.4 Prescription errors

If you provide incorrect prescription information, including an incorrect PD measurement, we cannot be responsible for problems arising solely from that incorrect information.

However, this does not affect your statutory rights where the goods supplied do not conform to the contract or where the problem is attributable to an error made by Tortoise+Black.

6.5 Prescription eyewear returns

Prescription lenses may be made specifically to your requirements and may therefore fall within exceptions to the normal statutory cancellation right for personalised goods.

However, our own returns policy may provide additional rights beyond the statutory minimum.

Please see our Returns Policy for full details.

7. Home Trial

Where available, our Home Trial service allows you to try selected frames before deciding whether to proceed with a prescription order.

The specific terms, charge and duration of the Home Trial will be displayed at the time of booking.

Unless otherwise stated:

• Home Trial frames remain the property of Tortoise+Black;
• you must take reasonable care of the frames while they are in your possession;
• frames must be returned within the stated trial period;
• frames must be returned in substantially the same condition in which they were supplied, allowing for reasonable handling and trying on;
• you must not have prescription lenses fitted to, or make alterations to, Home Trial frames; and
• you must follow the return instructions supplied with the Home Trial.

If Home Trial frames are not returned within the required period, or are returned damaged beyond reasonable handling, we reserve the right to charge the applicable Home Trial or replacement fee as explained when you book the service.

Where we take a payment card authorisation or other payment authority for this purpose, you agree that we may use that payment method for any properly payable Home Trial charge.

The Home Trial service is currently available only to UK addresses unless otherwise stated.

8. Returns and your cancellation rights

We want you to be happy with your purchase.

Your statutory rights as a consumer are not affected by anything in these Terms & Conditions.

For most goods purchased online, you have a statutory right to cancel your contract within 14 days of receiving the goods without giving a reason, subject to applicable exceptions.

Where the statutory cancellation right applies, the cancellation period normally ends 14 days after the day on which you, or a person you nominate other than the carrier, takes physical possession of the goods.

You must then return the goods to us without undue delay and, in any event, normally within 14 days of telling us that you wish to cancel.

Please see our Returns Policy for the practical procedure for returning goods.

9. Products made to your specification

Certain products may be made or prepared specifically to your requirements.

This includes prescription lenses and other products that have been personalised or made to your specification.

Where the law permits us to exclude the statutory cancellation right for such goods, that right may not apply.

However, where we offer a voluntary return or refund facility for such products, the terms of that facility will be explained in our Returns Policy.

Nothing in this section limits your statutory rights where goods are faulty, incorrectly supplied or otherwise do not conform to the contract.

10. Faulty, damaged or incorrectly supplied goods

If your goods are faulty, damaged on arrival, materially different from their description or otherwise do not conform to the contract, please contact us as soon as reasonably possible.

We will assess the issue and, where appropriate, provide the remedy required by applicable consumer law.

Depending on the circumstances and applicable law, this may include repair, replacement, price reduction or refund.

Where a repair or replacement is appropriate under your statutory rights, we will meet the necessary reasonable costs associated with providing that remedy.

Nothing in these Terms & Conditions limits your statutory rights.

11. Refunds

Where you are entitled to a refund, we will normally refund the payment method originally used to make the purchase.

Where permitted by law, we may wait until we have received the returned goods or you have provided evidence that they have been returned before processing a refund.

Where a statutory cancellation applies, refunds will be made in accordance with the applicable legal requirements.

Unless the goods are faulty, incorrect or otherwise do not conform to the contract, we may not be required to reimburse additional delivery charges above the cost of our least expensive standard delivery option.

12. Gift Cards

Tortoise+Black gift cards may be purchased for use on www.tortoiseandblack.com.

Gift cards:

• are valid for 24 months from the date of purchase;
• may be used over multiple purchases until the balance has been exhausted or the gift card expires;
• cannot normally be exchanged for cash;
• cannot be used to purchase another gift card;
• cannot be transferred into a bank account; and
• cannot be used in conjunction with another gift card where our checkout system does not permit this.

If the value of your order exceeds the gift card balance, you may pay the difference using another available payment method.

No cash change will be provided where the value of the gift card exceeds the value of the purchase.

If goods purchased using a gift card are subsequently returned, any refund relating to the amount originally paid using the gift card will normally be returned to a gift card.

Gift cards should be treated like cash. We cannot normally replace gift cards that are lost, stolen, damaged or used without your permission.

We reserve the right to cancel or refuse to accept a gift card where we reasonably suspect fraud, duplication, alteration or other unlawful use.

Nothing in these gift card terms affects any statutory rights you may have.

Full Gift Card Terms & Conditions are available separately on our website.

13. Promotions and discount codes

Promotional offers and discount codes are subject to the specific terms stated alongside each promotion.

Unless expressly stated otherwise:

• promotional codes cannot be exchanged for cash;
• only one promotional code may be used per order;
• promotional codes cannot be applied retrospectively to orders already placed; and
• promotional codes may be subject to minimum spend, product, brand or other exclusions.

We reserve the right to withdraw or amend a promotion where reasonably necessary, including where a technical or pricing error has occurred.

Where an order is subsequently returned, the value of any discount applied to that order may be taken into account when calculating the refund.

14. Product warranties

Some products may be covered by a manufacturer's warranty.

Where applicable, details of the manufacturer's warranty will be provided with the product or made available on request.

A manufacturer's warranty is in addition to, and does not replace, your statutory rights against Tortoise+Black.

15. Product care and damage

You are responsible for taking reasonable care of products after delivery.

Damage caused by misuse, accidental damage, inappropriate storage, unauthorised modification or normal wear and tear may not be covered by a manufacturer's warranty or a voluntary guarantee.

This does not affect your statutory rights where a defect existed at the time of delivery or where otherwise required by law.

For eyewear, normal wear and tear may include cosmetic deterioration, scratching caused by use, accidental damage and damage resulting from improper cleaning or storage.

16. Website content and availability

We make reasonable efforts to ensure that our website is accurate and available, but we do not guarantee that:

• the website will always be available or uninterrupted;
• the website will be completely free from errors;
• all information will always be completely current; or
• the website will be free from viruses or other harmful components.

We may suspend, withdraw or modify all or part of the website from time to time for maintenance, technical, operational or other legitimate reasons.

17. Intellectual property

All content on the Tortoise+Black website, including text, photographs, graphics, logos, designs, page layouts and other material, is owned by or licensed to Tortoise+Black or the relevant third party.

You may use the website for your own personal, non-commercial purposes.

You must not reproduce, copy, distribute, modify, publish, sell or commercially exploit website content without our prior written permission or the permission of the relevant rights holder.

18. Your use of the website

You agree not to use the website:

• for any unlawful purpose;
• to attempt to gain unauthorised access to our systems;
• to introduce malicious software or other harmful code;
• to interfere with the operation or security of the website;
• to place fraudulent orders; or
• in a way that could damage our business, reputation, website or customers.

We reserve the right to suspend or restrict access where we reasonably believe that the website is being misused.

19. Reviews and user-generated content

Where we invite customers to submit reviews, photographs, comments or other content, you must ensure that anything you submit is accurate and does not:

• infringe another person's intellectual property or other rights;
• contain unlawful, defamatory, threatening or offensive material;
• contain malicious software;
• contain another person's personal information without their permission; or
• falsely represent your experience with Tortoise+Black or our products.

By submitting content to us, you grant Tortoise+Black a non-exclusive, royalty-free licence to use, reproduce and display that content for legitimate marketing and business purposes, subject to applicable law.

We reserve the right to remove content that we reasonably believe breaches these requirements.

20. Privacy

We process personal information in accordance with our Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, store and protect your personal information.

21. Limitation of liability

Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

This includes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of your statutory rights; or
• any other liability that cannot legally be excluded or limited.

Subject to the above, we will not be responsible for losses that:

• were not reasonably foreseeable when the contract was formed; or
• arise from circumstances outside our reasonable control.

If you are purchasing products for business, commercial or resale purposes, different legal provisions may apply. Please contact us before placing an order if you are purchasing on behalf of a business and require specific terms.

22. Events outside our reasonable control

We will not be responsible for delays or failures caused by circumstances outside our reasonable control.

Such circumstances may include, for example:

• natural disasters;
• severe weather;
• fire or flood;
• industrial disputes;
• interruption to transport networks;
• failure of telecommunications or internet services;
• cyber incidents;
• government action;
• epidemic or pandemic;
• disruption affecting our suppliers or delivery partners; or
• other events that could not reasonably have been anticipated or prevented.

Where such an event affects your order, we will take reasonable steps to minimise the impact and keep you informed where practical.

23. Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time.