AVAILABILITY OF GOODS
- All goods advertised on this website are subject to availability. If an item that you wish to order is unavailable, you will be contacted by telephone or e-mail.
- You will not be charged for goods that we cannot supply for any reason. However, we will not be responsible for any losses or damage that may occur if we fail to supply goods.
- Every effort has been made to display all goods on the website as accurately and fairly as possible.
- We will meet our responsibilities under this contract within a reasonable time unless it is impossible to do so because of circumstances beyond our control; in particular we will not be responsible for delays caused by our suppliers.
CONDITIONS OF SALE (FOR PRESCRIPTION EYEWEAR)
- You confirm that you are over 16 years of age and are legally able to purchase prescription spectacles from Tortoise+Black.
- You confirm that you are not registered blind or partially sighted.
- You agree that you will provide any details reasonably requested by Tortoise+Black to confirm that you are legally able to purchase prescription glasses.
- You agree to make purchases on the Tortoise+Black website using your correct name, address, date of birth and any other details requested.
- All prescriptions that you supply to us must have been given to you by a registered medical practitioner or registered optician following a sight test by him or her within the last two years.
- When ordering from us, we shall rely upon the prescription provided by you. You are responsible for entering the prescription information and PD (pupillary distance) measurement as requested. No liability is accepted by Tortoise+Black for any mistake made by you in providing your prescription or PD measurement.
- Should you request we use an average PD then we take no responsibility for any visual problems you may encounter.
- If you are in doubt about any of the information do not enter it. Leave the prescription area clear and call us on 01780 433033.
- Prices displayed on our website are correct at the time of display. We reserve the right to alter prices from time to time without notice. However, once your order has been accepted, we will not change the price that applies without your agreement.
- For prescription eyewear, all prices shown are fully inclusive of two prescription lenses, optical adaptors (if required) and glazing.
- All prices displayed are inclusive of UK VAT at the prevailing standard rate. UK VAT is charged on all sales to customers located within the UK or within another member state of the European Community.
- Prices are fully inclusive of packaging and delivery.
CONDITIONS OF SALE (FOR HOME TRIAL)
- We offer a 7-day Home Trial service to enable you to see the look and feel of three different products before deciding to go ahead with a prescription order. This service is priced at £7.95. We may charge an additional fee (‘Home Trial Fee’) for this service, should the frames not be returned within the timescales specified or be returned in a damaged state.
- By submitting your request for a Home Trial and in consideration for our acceptance of the order, you are agreeing that you will be charged the Home Trial Fee if you do not return the frames sent to you in the Home Trial, within 7 calendar days following receipt by you.
- To take payment of the Home Trial Fee, we will attempt to use the same payment card you used at the time of placing your Home Trial and your agreement of these Terms and Conditions is your authority for us to do so.
- Once payment is successfully made you then have the same right of return as if you had made any other purchase of goods on our website (see returns policy below)
- The Home Trial service is available to UK residents only and is not offered to any addresses outside the UK.
- We accept secure payment by Visa/MasterCard/Maestro/American Express and PayPal.
- All credit and charge card payments are subject to validation and authorization by the card issuer. If your card issuer refuses to authorize payment, we will not be liable for any non-delivery or delay.
- You may pay for goods by sterling cheques drawn on a UK clearing bank, although goods will not be dispatched until the cheque has cleared.
- Transactions are processed in GBP. All other currencies displayed online are given as a guide, and may be subject to variation.
- All payment must be made in full before goods are dispatched. Payment is processed at the time of order.
We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Tortoise+Black. As your order is shipped from our warehouse we will send you a confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions below.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- You do not meet the eligibility to order criteria as set out in the rest of this document.
DELIVERY OF GOODS
- Delivery will be by Royal Mail, DPD, UPS or DHL but no additional charges will be levied for this service.
- All items will be delivered to the address specified by the customer on the order form.
- Each of the items delivered will include written confirmation of the prescription of the goods. If the prescription stated does not match the prescription ordered, please contact us to inform us of the problem and do not use the goods.
- Upon delivery of goods you should carefully inspect them. If any of the goods are damaged or lost, please contact us immediately to inform us of the problem and do not use the goods.
- All items will be delivered as quickly as possible and within 28 days. However, we cannot guarantee that goods will be delivered by the estimated delivery date. You agree that we shall not be liable to you for any losses, damages or charges incurred by you because of the late delivery of goods.
- You should notify us immediately if you have not received your goods within 21 days.
- When you have received the goods at the specified address, the risk of damage to the goods is passed to you.
- It is our aim to ensure that you are completely satisfied with the goods that you receive from us. Nonetheless, under the Consumer Contracts Regulations 2013 customers have a 14 working day cancellation/cooling off period. Therefore, for whatever reason, if you are not completely satisfied with the goods that you have purchased you have the right to a refund, alteration or replacement. This cancellation right starts the day the contract is concluded and lasts until 14 working days after delivery.
- This government regulation excludes goods made to customers’ specifications or goods that are personalized, such as prescription orders. However, on top of our legal requirements we will refund the value of the frame, provided it is in original condition and complete with case and cleaning cloth. Unfortunately, we cannot refund the value of the lens made to your prescription.
- In addition to the legal rights outlined above, for non-prescription products only, we will offer a refund for up to 14 days after delivery. Returned goods must be unused, unworn, have their original packaging and tags attached.
- Premium delivery charges (e.g. next day and international delivery) are non-refundable, unless a product is found to be faulty.
- Please follow the instructions on our returns page. You should request proof of postage and keep your receipt from the Post Office until your return has been processed. Without this proof of postage, we regret that we cannot be held responsible for anything lost or damaged in transit.
- If not using our returns label, the risk of damage to any goods returned to us will remain with you until they have been delivered and accepted by us at our premises.
- Lens scratching is considered to be wear and tear, and so is not covered by manufacturer’s warranties. As such, returns for ‘lens scratching’ will only be accepted upon receipt of the order, not once the product has been used.
- Lens fogging is a natural reaction in certain conditions. Returns will not be accepted for ‘lens fogging’, apart from in exceptional circumstances.
- Goods purchased from our website are subject to English Law.
- None of the conditions set out in these terms and conditions shall affect your statutory rights as a consumer.
- Individual goods may be the subject of additional guarantees or warranties given by their manufacturers to you.
- We shall not accept any liability for any ordering errors made by you when submitting your order. Please ensure that all details are correct before submitting your order.
- We do not accept responsibility and will not be liable for any damage to the goods caused by you.
- We shall not be liable to any person for any damage or loss that may arise from the use of any goods advertised on our website.
- Nothing in these terms excludes or limits our liability for death or personal injury where they result from our negligence or the negligence of our servants and agents in the course of their duty.