| |
Terms and Conditions
This page tells you the terms of use on which you may make use of our
website www.universityvisionleeds.co.uk (our "Site"), whether as a guest
or a registered user. Please read these terms of use carefully before
you start to use the Site. By using our Site, you indicate that you
accept these terms of use and that you agree to abide by them. If you
do not agree to these terms of use, please refrain from using our Site.
-
About Us
Our Site
www.universityvisionleeds.co.uk is a website operated by Bayfield and
Bartlam Ltd ("we"). We are registered in England and Wales
under company number 4983316 and our main trading address is Lower Ground Floor Union Buildings, Student Uion, University of Leeds, LS1 1UH. Our VAT number is GB 828 8165 93.
-
Accessing our Site
Access to our
Site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our Site without notice
(see below). We will not be liable if for any reason our Site is
unavailable at any time or for any period.
If you choose, or you are provided with, a user
identification code, password or any other piece of information as part
of our security procedures, you must treat such information as
confidential, and you must not disclose it to any third party. We have
the right to disable any user identification code or password, whether
chosen by you or allocated by us, at any time, if in our opinion you
have failed to comply with any of the provisions of these terms of use.
From time to time, we may restrict access to some parts of our Site, or
our entire Site, to users who have registered with us.
You are responsible for making all arrangements necessary
for you to have access to our Site. You are also responsible for
ensuring that all persons who access our Site through your internet
connection are aware of these terms, and that they comply with them.
-
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In
any way that breaches any applicable local, national or international
law or regulation; In any way that is unlawful or fraudulent, or has
any unlawful or fraudulent purpose or effect; For the purpose of
harming or attempting to harm minors in any way; To send, knowingly
receive, upload, download, use or re-use any material which does not
comply with our Content Standards; To transmit, or procure the sending
of, any unsolicited or unauthorised advertising or promotional material
or any other form of similar solicitation (spam); To knowingly transmit
any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any
other harmful programs or similar computer code designed to adversely
affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any
part of our Site; any equipment or network on which our Site is stored;
any software used in the provision of our Site; or any equipment or
network or software owned or used by any third party.
-
Information posted
Any materials or commentary posted on our Site are not intended to
amount to advice on which reliance should be placed. We therefore
disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to our Site, or by anyone who
may be informed of any of its contents.
-
Our Liability
The material
displayed on our Site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we
expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
-
Any liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with our Site or in connection with
the use, inability to use, or results of the use of our Site, any
websites linked to it and any materials posted on it, including,
without limitation any liability for:
- loss of profits or contracts; loss of
anticipated savings; loss of income or revenue; loss of business; loss
of goodwill; loss of data; wasted management or office time; and for
any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law.
-
Information about you and your visits to our Site
We process information about you in accordance with our Privacy Policy.
By using our Site, you consent to such processing and you warrant that
all data provided by you is accurate.
-
Site changes
We aim to update our
Site regularly, and may change the content at any time. If the need
arises, we may suspend access to our Site, or close it indefinitely.
Any of the material on our Site may be out of date at any given time,
and we are under no obligation to update such material.
-
Uploading material to our Site
Any
material you upload to our Site will be considered non-confidential and
non-proprietary, and we have the right to use, copy, distribute and
disclose to third parties any such material for any purpose. We also
have the right to disclose your identity to any third party who is
claiming that any material uploaded by you to our Site constitutes a
violation of their intellectual property rights, or of their right to
privacy.
-
Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, worms,
Trojans, logic bombs or other material, which is malicious or
technologically harmful. You must not attempt to gain unauthorised
access to our Site, the server on which our Site is stored or any
server, computer or database connected to our Site. You must not attack
our Site via a denial-of-service attack or a distributed denial-of
service attack.
By breaching this provision, you would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such
breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use our Site will cease
immediately.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically
harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our
Site or to your downloading of any material posted on it, or on any
website linked to it.
-
Links to or from our Site
Where our
Site contains links to other sites and resources provided by third
parties, these links are provided for your information only. We have no
control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from
your use of them.
You may link to our home page, provided you do so in a way
that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part
where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a
link to any part of our Site other than the home page. We reserve the
right to withdraw linking permission without notice. The website from
which you are linking must comply in all respects with our Content
Standards listed below.
If you wish to make any use of material on our Site other than that set out above, please address your request to info@universityvisionleeds.co.uk
-
Content Standards
These content standards apply to any and all material which you upload
to our Site and any material appearing on any website which you link to
our Site. You must comply with the spirit of the following standards as
well as the letter. The standards apply to each part of any material as
well as to its whole. All material must:
- Be accurate (where they state facts); Be genuinely
held (where they state opinions); Comply with applicable law in the UK
and in any country from which they are posted.
Material must not:
- Contain
any material which is defamatory of any person; Contain any material
which is obscene, offensive, hateful or inflammatory; Promote sexually
explicit material; Promote violence; Promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation or
age; Infringe any copyright, database right or trade mark of any other
person; Be likely to deceive any person; Be made in breach of any legal
duty owed to a third party, such as a contractual duty or a duty of
confidence; Promote any illegal activity; Be threatening, abuse or
invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety; Be likely to harass, upset, embarrass, alarm or annoy any
other person; Be used to impersonate any person, or to misrepresent
your identity or affiliation with any person; Give the impression that
they emanate from us, if this is not the case; Advocate, promote or
assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
-
Termination and Suspension
We will determine, in our discretion, whether there has been a breach
of these terms of use through your use of our Site. When such a breach
has occurred, we may take such action, as we deem appropriate.
Failure to comply with these terms of use may result in our taking all or any of the following actions:
- Immediate,
temporary or permanent withdrawal of your right to use our Site;
Immediate, temporary or permanent removal of any posting or material
uploaded by you to our Site; Issue of a warning to you; Legal
proceedings against you for reimbursement of all costs on an indemnity
basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach; Further legal action against
you; Disclosure of such information to law enforcement authorities as
we reasonably feel is necessary.
We exclude liability
for actions taken in response to breaches of these terms of use. The
responses described in this policy are not limited, and we may take any
other action we reasonably deem appropriate.
-
Jurisdiction and applicable law
The
English courts will have exclusive jurisdiction over any claim arising
from, or related to, a visit to our Site although we retain the right
to bring proceedings against you for breach of these conditions in your
country of residence or any other relevant country. These terms of use
are governed by English law.
-
Transactions through our Site
Contracts for the supply of goods or services formed through our Site
or as a result of visits made by you are governed by our Website Terms
and Conditions of Supply.
-
Intellectual Property Rights
We are
the owner or the licensee of all intellectual property rights in our
Site, and in the material published on it. Copyright laws and treaties
around the world protect those works. All such rights are reserved.
You may print off one copy, and may download extracts, of
any page(s) from our Site for your personal reference and you may draw
the attention of others within your organisation to material posted on
our Site.
You must not modify the paper or digital copies of any
materials you have printed off or downloaded in any way, and you must
not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial
purposes without obtaining a licence to do so from our licensors or us.
If you print off, copy or download any part of our Site in
breach of these terms of use, your right to use our Site will cease
immediately and you must, at our option, return or destroy any copies
of the materials you have made.
-
Variations
We may revise these
terms of use at any time by amending this page. You are expected to
check this page from time to time to take notice of any changes we
made, as they are binding on you. Some of the provisions contained in
these terms of use may also be superseded by provisions or notices
published elsewhere on our Site.
-
Concerns
If you have any concerns about material which appears on our Site, please contact info@universityvisionleeds.co.uk.
Website Terms and Conditions of Supply
The following tells you the terms and conditions on which we supply any
of the products ("Products") listed on our website
www.universityvisionleeds.co.uk ("our Site") 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" when ordering Products
from our Site 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.
-
About Us
Our Site
www.universityvisionleeds.co.uk is a website operated by Bayfield and
Bartlam Ltd ("we"). We are registered in England and Wales
under company number 4983316 and our main trading address is Lower Ground Floor Union Buildings, Univeristy of Leeds, LS1 1UH. Our VAT number is GB 828 8165 93.
Bayfield and Bartlam Opticians are an optometric practice
owned by RE Bayfield and LM Bartlam and are regulated by General
Optical Council.
-
Your Status
By placing an order through our Site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
-
Our Status
We may provide links on our Site to the websites of other companies,
whether affiliated with us or not. We cannot give any undertaking, that
products or services you purchase from third party sellers through our
Site, or from companies to whose website we have provided a link on our
Site, will be of satisfactory quality, and any such warranties are
DISCLAIMED by us absolutely. This DISCLAIMER does not affect your
statutory rights against the third party seller. We will notify you
when a third party is involved in a transaction, and we may disclose
your customer information related to that transaction to the third
party seller.
-
How the Contract is formed between You and Us
- After
placing an order, you will receive an e-mail from us acknowledging that
we have received your order. Please note that this does not mean that
your order has been accepted. Your order constitutes an offer to us to
buy a Product. All orders are subject to acceptance by us, and we will
confirm such acceptance to you by sending you an e-mail that confirms
that the Product has been despatched (the "Despatch Confirmation"). The
contract between us ("Contract") will only be formed when we send you
the Despatch Confirmation.
- The Contract will relate only to
those Products whose despatch we have confirmed in the Despatch
Confirmation. We will not be obliged to supply any other Products,
which may have been part of your order until the despatch of such
Products has been confirmed in a separate Despatch Confirmation.
-
Validation of Contact Lens Specification
By placing an order for contact lenses, you are confirming that you
have a valid in-date contact lens specification from your optician for
the contact lenses which you have ordered, and also that the
information you enter into our Site matches your contact lens
specification as provided by your optician. In the case of University Vision Opticians not being your optician, you consent to your optician
being contacted by University Vision Opticians to verify your
contact lens specification and any other necessary information.
-
Consumer Rights
- If you are
contracting as a consumer, you may cancel a Contract at any time within
14 working days, beginning on the day after you received the Products.
In this case, you will receive a full refund of the price paid for the
Products in accordance with our refunds policy.
- To cancel a
Contract, you must inform us in writing and return the Product(s) to us
(at our address specified in paragraph 1. above) immediately, in the
same condition in which you received them, and at your own cost and
risk. Prior to despatch you should telephone us on 0113 245 5618 to
obtain a Returns Authorisation Number and quote this when returning the
Product(s).
- This provision does not affect your statutory rights.
-
Risks and Title
- Ownership
of the Products will only pass to you when we receive full payment of
all sums due in respect of the Products, including delivery charges.
- The Products will be at your risk from the time of delivery.
-
Price and Payment
- The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
- These
prices include VAT but exclude delivery costs unless expressly stated
on the Site in relation to particular Products or promotions. The costs
of delivery will be shown on the Site at the time you order the
Products.
- Prices are liable to change at any time, but
changes will not affect orders in respect of which we have already sent
you a Despatch Confirmation.
- Our Site contains a large
number of Products and it is always possible that, despite our best
efforts, some of the Products listed on our Site may be incorrectly
priced. We will normally verify prices as part of our despatch
procedures so that, where a Product's correct price is less than our
stated price, we will charge the lower amount when despatching the
Product to you. If a Product’s correct price is higher than the price
stated on our Site, we will normally, at our discretion, either contact
you for instructions before despatching the Product, or reject your
order and notify you of such rejection.
- We are under no
obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you a Despatch Confirmation, if the
pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as a mis-pricing.
- Payment for all
Products must be by credit or debit card. We accept payment with most
major credit and debit cards, details of which are available when you
pay for Products ordered. We will not charge your credit or debit card
until we despatch your order.
-
Availability and Delivery
Your order will be fulfilled by the delivery date set out in the
Despatch Confirmation or, if no delivery date is specified, then within
30 days of the date of the Despatch Confirmation, unless there are
exceptional circumstances.
-
Our Refunds Policy
- When you
return a Product to us, we will examine the returned Product and will
notify you of your refund via e-mail within a reasonable period of
time. We will usually refund any money received from you using the same
method originally used by you to pay for your purchase. We will usually
process the refund due to you as soon as possible and, in any case,
within 30 days of the day we received your cancellation or the day we
confirmed to you via e-mail that you were entitled to a refund for
delivery of the defective Product.
- Products returned by you
because of a defect will be refunded in full, including a refund of the
delivery charges for sending the item to you and the cost incurred by
you in returning the item to us.
- Products returned by you
within the 14 day period referred to in Condition 6 above will be
refunded in full, including the cost of sending the item to you.
However, you will be responsible for the cost of returning the item to
us.
-
Our Liability
- We warrant to you that any Product purchased from us through our Site is of satisfactory quality.
- Our
liability in connection with any Product purchased through our Site is
strictly limited to the purchase price of that Product.
- This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We
accept no liability for any loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings,
loss of data, waste of management or office time or for any indirect or
consequential loss or damage of any kind however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable.
-
No Commercial Use
Products are available for non-commercial and domestic use only. We
reserve the right to refuse orders from businesses or that we consider
are for commercial or other non-domestic concerns.
-
Import Duty
- If you order
Products from our Site for delivery outside the UK, they may be subject
to import duties and taxes, which are levied when the delivery reaches
the specified destination. You will be responsible for payment of any
such import duties and taxes. Please note that we have no control over
these charges and cannot predict their amount. Please contact your
local customs office for further information before placing your order.
- Please
also note that you must comply with all applicable laws and regulations
of the country for which the Products are destined. We will not be
liable for any breach by you of any such laws.
-
Written Communications
Applicable laws require that some of the information or communications
we send to you should be in writing. When using our Site, you accept
that communication with us will be mainly electronic. We will contact
you by e-mail 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 contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
-
Transfer of Rights and Obligations
- The Contract between you and us is binding on you and us and on our respective successors and assigns.
- You
may not transfer, assign, charge or otherwise dispose of a Contract, or
any of your rights or obligations arising under it, without our prior
written consent.
- We may transfer, assign, charge,
sub-contract or otherwise dispose of a Contract, or any of our rights
or obligations arising under it, at any time during the term of the
Contract.
-
Events outside our Control
- We
will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is
caused by events outside our reasonable control ("Force Majeure
Events").
-
A Force Majeure Event includes any act,
event, non-happening, omission or accident beyond our reasonable
control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil
commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our
performance under any Contract is deemed to be suspended for the period
that the Force Majeure Event continues, and we will have an extension
of time for performance for the duration of that period. We will use
our reasonable endeavours to bring the Force Majeure Event to a close
or to find a solution by which our obligations under the Contract may
be performed despite the Force Majeure Event.
-
Severability
If any of these terms and Conditions or any provisions of a Contract
are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to
that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
-
Our right to vary these Terms and Conditions
- We have the right to revise and amend these terms and conditions from time to time.
- You
will be subject to the policies and terms and conditions in force at
the time that you order Products from us, unless any change to those
policies or these terms and conditions is required to be made by law or
governmental authority, or if we notify you of the change to those
policies or these terms and conditions before we send you the Despatch
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).
-
Law and Jurisdiction
Contracts for the purchase of Products through our Site will be
governed by English law. Any dispute arising from, or related to, such
Contracts shall be subject to the exclusive jurisdiction of the courts
of England.
|
|
|
