Terms & Conditions
SPEX4LESS TERMS AND CONDITIONS OF SUPPLY
Any order and subsequent purchase of goods, as defined below, or services from Spex4less shall be governed by the following terms and conditions. Please read them carefully and note that they do not affect your statutory rights as a customer. Remember, Spex4less is completely dedicated to your satisfaction.
Throughout these conditions, “Spex4less” is the trading name for Fashion Specs Direct Limited, trading on the internet as www.spex4less.com and www.spex4less.co.uk, by mail order to Everite House, Carr Lane, Hoylake, Wirral, CH47 4BG and over the telephone on 0151 632 6611. Spex4less and SPEX4LESS are registered trademarks of Fashion Specs Direct Limited in accordance with the terms of the Trade Mark Act, 1994 of Great Britain and Northern Ireland. “We”, “Us” and “Our” refers to Spex4less and “You” and “Yours” refers to the Customer. Fashion Specs Direct Limited’s Company Number is 5986776, its V.A.T. Registration Number is 947 4994 58 and its Registered Office is 61 Rodney Street, Liverpool, L1 9ER. Fashion Specs Direct Limited is registered with the Medicines and Healthcare Products Regulatory Agency. The MHRA reference number is 4369.
1. Customer Obligations
This is the most significant and important term as its fundamental purpose is to maintain your safety and well-being in regard to your glasses or reglaze order. Please read this section keeping in mind the reasons for our requirements are to help ensure your well-being following the fulfilment of your order.
By submitting your order to Spex4less, you confirm:
I. You are aged 16 or over. If you are under 16 you should only be dispensed with glasses under the direct supervision of a Registered Optician.
II. You are not buying glasses on behalf of anyone under the age of 16.
III. You are not registered blind or partially sighted.
IV. You are in possession of a written prescription for your spectacles that has been given to you by a suitably qualified person in the last 24 months (or 12 months if you are aged 70 or over). If your prescription falls outside of these timescales, or your Optometrist has recommended an earlier sight test, then you must have another sight test in order to have an up to date prescription before ordering.
V. You will supply accurate details of your current prescription, including any written comments on the prescription, when requested either verbally, by email, mail or fax (depending on Spex4less' requirements).
VI. You are not aware of any reason why the products could be unsuitable to you.
VII. In the event of you not providing a Pupillary Distance (PD) your optician has confirmed that the use of a default measurement will be satisfactory and have not detrimental effect on your well-being. For lenses, other than varifocals, the default PD measurements we will normally use will be as follows: Distance glasses: Women: 62mm Men: 64mm, Intermediate glasses: Women: 60mm Men:62mm, Near glasses: Women: 58mm Men: 60mm. These default PD measurements may vary slightly depending on certain known factors and indicators regarding the frame (in particular, the frame size). Where we are reglazing a frame, we will use the PD contained within it unless you provide a PD to be used within your order.
VIII. You will undertake to have the BVD verified, and adjusted if required, by your optician if such a measurement has been included on your prescription. The BVD stands for Back Vertex Distance and is a measured distance from the apex of your cornea to the back surface of your glasses lens. It is included on any prescription where the sphere or cylinder powers are higher than + or - 5.00D and occasionally on some prescriptions where it is less than this power. This measurement is important as it indicates at what distance your lenses should sit from your eyes for optimum vision based on your prescription. Normally, your lenses will be positioned around 12mm (+/-1mm or so) from your eyes. If your prescription includes a BVD, it is important that the lenses sit at the correct distance to ensure comfortable vision.
2. Making a Purchase and Ordering Goods
I. Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
II. We accept most credit cards for payment. If you are shopping with a non-sterling card your credit card company will convert the UK sterling transaction to your own currency at their exchange rate. We also accept payments via PayPal and personal cheque.
III. You may also place an order over the telephone, by email or by written letter.
IV. Submission of an order to Spex4less represents an offer to purchase goods from Spex4less. Spex4less will confirm receipt of this offer by email.
V. Prescription spectacles and lenses orders are only accepted once your payment has been processed, and your order has been reviewed & authorised by the Spex4less glazing laboratory. Certain factors regarding your prescription, which may be unknown to Spex4less at the time of ordering, may preclude progression of your order.
3. Payment and Pricing
I. Prices stated are inclusive of any Value Added Tax (VAT) that may be required to be remitted to tax authorities by Spex4less and will always be shown in pounds sterling (GBP).
II. We will use best endeavours to ensure the accuracy of the prices and price related information stated on our website. However we cannot guarantee that we will not make a mistake and misprice an item inadvertently. If this is the case we will notify you of the error. You will then have the choice to either accept the correct price or to cancel your Order.
III. The price you pay is a retail price as appearing in your basket. In certain territories where we sell, we are required to report part of the sale price to the relevant tax jurisdiction and pay that amount in tax. We do not adjust our prices depending on the sales tax suffered which varies from country to country. And we do not add tax to any amount shown in your basket.
IV. Some countries may have rules imposed locally that will charge import VAT to the purchaser. Spex4less is unable to provide any refunds for such costs.
V. Vision points earned from your previous purchases can be used to obtain a discount at their current value. Vision points are non transferable and have no cash value. Vision points expire 24 months from their issue date and cannot be exchanged for cash. We reserve the right to withdraw our vision point scheme at any time without prior notice. We also may remove or adjust abnormally high vision point balances for any reason and without notification.
4. Credit Card Security
When the order is placed at our website, credit card numbers are encrypted using 256 bit encryption. Online payments are secured with the latest SSL technology verified by Geo Trust Extended Validation SHA256 SSL CA and is publicly auditable.
5. Shipping and Delivery
I. Spex4less ensures that your Goods are dispatched as soon as possible after your order has been placed.
II. Spex4less will confirm dispatch to you by email, to the email address you have provided with your order, in order to give you an expectation of the arrival of your Goods.
III. Delivery will be made to the delivery address you have provided with your order.
IV. Non-UK worldwide shipping is via one of Royal Mail’s International delivery services: Royal Mail International Tracked and Signed For, International Signed For and International Tracked.
V. UK shipping is by Royal Mail First Class, Royal Mail First Class Recorded or Royal Mail Special Delivery – depending on which shipping option is selected by the customer.
VI. Please note that Special Next Day delivery does not imply that your glasses will be manufactured any quicker (our glasses Delivery Schedule will give you an expectation of when they will be dispatched) – rather, it is a shipping option for the customer to select for added peace of mind with regard to trackability and speed of delivery after dispatch from Spex4less.
VII. Customer’s Own Courier: We will also gladly use a courier of the customer's choice at their own expense, arrangement and risk. However, we do not refund our own shipping costs if this option is taken up and nor do we accept any responsibility for breakages or damages to the Goods which are apparent on or after delivery to the customer.
6. Delivery Schedule
We aim to deliver most orders within 1 to 7 working days. However, we ask in our terms that you allow up to 15 working days for delivery of your glasses. This allows time for us to re make your glasses should there be any quality failures whilst processing your order. We will always attempt to notify you of any delays. Each pair is individually crafted to your specification and is likely to be dispatched to you as per the schedule below:
• Standard Frames (Single Vision)
Most standard frames with single vision lenses will usually be dispatched between 1 & 7 working days.
• Standard Frames (Bifocal)
Most standard frames with bifocal lenses will usually be dispatched between 2 & 7 working days. Please allow 2 to 3 days longer for anti-reflective coated bifocals.
• Standard Frames (Varifocal)
Varifocal glasses are normally dispatched 5 to 10 working days after we receive your varifocal fitting frame (usually dispatched to you within 1-2 days of receiving your order - unless a designer frame see designer frames below), together with your varifocal photograph and copy of your prescription, back at our glazing lab.
• Designer Frames
Designer frames are usually dispatched within 2 to 10 working days. However, some models & colours may take longer if out of stock with our suppliers. (We will always notify you of any delays with designer frames and give you the option to exchange or cancel)
• Rimless Frames
Rimless glasses are usually dispatched within 2 to 10 working days.
• Specialist Safety (impact Resistant) Sports Frames & Goggles
All specialist safety sports glasses and goggles are usually dispatched within 5 to 10 working days.
• Sports frames and Sunglasses
All sunglasses sports glasses are usually dispatched within 2 to 10 working days. (high wrap and mirrored prescription lenses can take up to 15 working days).
• Safety Glasses
Prescription safety glasses are usually dispatched within 5 to 10 working days.
7. Safety Sports Glasses & Goggles
It is important to note that while safety and sportswear may enhance performance, the materials are designed to offer a degree of impact resistance but are not unbreakable.
Lenses used in sports eyewear are designed to protect and improve the safety of your eyes while participating in sports. Although polycarbonate and other sports lenses have a high degree of impact resistance, this does not mean that they are unbreakable or that you will not suffer any injury while wearing them. Of course, nothing in these terms excludes or limits our liability for death or personal injury which arises from our negligence or any breach of our statutory duty.
8. Frame Measurements
The information regarding frame dimensions is as accurate as possible. Some frame dimensions rely on data supplied by the manufacturer. From time-to-time batches of frames supplied to us may have slight variations in size. This is why sizes specified are nominal in order to allow for such variance of they occur and should be used as a guideline for fitting purposes.
9. Warranty, Exchanges and Returns
We guarantee your satisfaction with a full 100% money back or exchange guarantee. If you do not like your glasses, please complete the returns form, downloadable from our Exchanges and Returns webpage, and return them to us within 30 days and we will either credit your account for the total cost of the glasses or exchange them making any price adjustments for you, depending on your preference.
When returning your glasses, please enclose a note which details the reason for their return, your contact details and your order number. Should you wish to speak with us first, before you return your glasses, then please telephone us on 0151 632 6611 during normal working hours (09:00 to 17:00 Monday to Friday, with the exception of Bank Holidays & Sundays, and 09:00 to 12:00 on Saturdays). You may also email us at [email protected] or use the Live Help facility which is accessible from any of our web pages.
When you do return a product, we recommend that you obtain proof of postage from the Post Office as we are unable to take responsibility for packages lost in post when returned by you.
Should the reason for return be due to an error at Spex4less, we will gladly refund your postage costs if requested. This is limited to the amount paid on your original order. All glasses returned for reasons other than faulty frames or lenses must be in their original condition and include any accessories, cases, cloths, branded boxes and any other included brand material which was sent to you upon dispatch of your order.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm. Please note we will only refund the standard postal charge and not any enhanced postal tracking charges such as Recorded or Special delivery. Refund of shipping will only be considered where the returned item has a fault caused by our mistake or error.
10. Frame Trials
A Home-trial service is available for some of our frames to help customers make a better-informed purchasing decision. However, we are unable to offer this on all our frames and products and the availability this service is at the discretion of the company.
Where we agree to a frame trial, we will take a payment up front for the products, typically a proportion of the cost advertised on our website. The trial frame(s) must be returned to us within one week, at your own cost and risk (we recommend using a tracked service for your own peace of mind). Upon receipt of the frame(s) back at Spex4less, you will be given the following options so long as the frame(s) and packaging is/are in perfect resaleable condition:
1. The option to purchase the frame(s) where we will offset the cost of the trial payment against the cost of the full cost as it appears on our website at the time you confirm and pay for your order.
2. A full refund of your trial frame(s) payment, less our shipping charges for sending the frame(s) out to you.
3. A credit of the trial frame(s) payment against any other purchase at Spex4less. Where the cost of such a purchase is less than the trial frame(s) payment, the difference will be refunded to you.
11. Accessing Our Website
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website, at any time and for any reason, without notice to you. We will not be liable for any reason if the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website to users who have registered with us. Your account details can be updated at any time.
12. Reliance on Information Displayed
Whilst we endeavour to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website.
13. Gift Vouchers
A Spex4less Gift Voucher can be used in full or part payment for any products purchased from Spex4less in the UK. The minimum value needed to purchase a Spex4less Gift Voucher is £10 and the maximum value which can be stored on a Spex4less Gift Voucher is £200.
When products are purchased using a Spex4less Gift Voucher, no change will be given in cash but any value remaining on a Spex4less Gift Voucher will be shown on the original invoice and can be used in full or part payment for future purchases. You can check your remaining balance by calling Spex4less on 0151 632 6611. Where a Spex4less Gift Voucher holder wishes to use a Spex4less Gift Voucher to buy products with a value higher than the value on the Spex4less Gift Voucher, he/she will be required to pay the difference in value.
The value on a Spex4less Gift Voucher cannot be exchanged for cash or refunded. Where Spex4less agrees to provide a refund for products purchased using a Spex4less Gift Voucher, the amount of the purchase price paid using that Spex4less Gift Voucher will be reimbursed by way of a further Gift Voucher for use at Spex4less.
A Spex4less Gift Voucher will expire and any remaining value will be removed if the Spex4less Gift Voucher is not used to make a purchase within 24 months. Each voucher will show its expiry date (which will be 24 months from its original date of purchase). Please keep the Spex4less Gift Voucher safe and treat it like cash. Spex4less does not collect and store personal information on the holders of Spex4less Gift Vouchers and therefore, if a Spex4less Gift Voucher is used without the consent of the Spex4less Gift Voucher holder, or is lost, stolen or damaged, Spex4less cannot replace or reimburse the value on the Spex4less Gift Voucher. Treat your voucher like cash. Lost or stolen vouchers cannot be replaced.
Spex4less may take any action it considers appropriate if it has reasonable grounds for believing you are misusing the Spex4less Gift Voucher Scheme. This may include withholding all or part of the value credited on a Spex4less Gift Voucher. Spex4less may vary these terms and conditions for legal, security or regulatory reasons or may suspend or discontinue the Spex4less Gift Voucher scheme at any time. Spex4less will give such notice of any variation of the terms and conditions or any suspension or discontinuance of the Spex4less Gift Voucher scheme as is reasonably possible, whether by notices displayed on Spex4less website or otherwise. If the Spex4less Gift Voucher Scheme is discontinued Spex4less will give Spex4less Gift Voucher holders a reasonable period to use any remaining value on the Spex4less Gift Vouchers. These terms and conditions do not affect your statutory rights.
Spex4less Gift Vouchers cannot be purchased in conjunction with any other discount cards or promotion codes. Spex4less Gift Vouchers are issued by and remain the property of Fashion Specs Direct Limited, Everite House, Carr Lane, Hoylake, Wirral, Merseyside, CH47 4BG.
You may not sell the Spex4less Gift Vouchers to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the Vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of Vouchers by you to a third party.
14. Trademarks and Copyright
The terms Spex4less and SPEX4LESS are registered trademarks of Fashion Specs Direct Limited in accordance with the terms of the Trade Mark Act, 1994 of Great Britain and Northern Ireland. They, or any other registered or unregistered trademarks displayed on the Site, may not be used without the written prior consent of Spex4less.
15. The General Data Protection Regulation (GDPR)
The way that Spex4less does business is encompassed by its obsession with the health, safety and care of its customers. This care extends to protection of its customers’ information. It has systems in place to ensure that all our customers’ information is secure and never divulged to another party. This protection and ethos is also encompassed within current law and a new regulation in force from May 25, 2018. The new regulation is called the General Data Protection Regulation (GDPR).
The two fundamental objectives of the GDPR are to:
1. give citizens and residents back control of their personal data; and
2. simplify the regulatory environment for international business by unifying the regulation within the EU.
Under the new legislation, the Spex4less’s data controllers must ensure personal data is processed lawfully, transparently, and for a specific purpose. Once that purpose is fulfilled and the data is no longer required, it should be deleted. As a customer, you will let us know if you no longer wish to keep the information we hold for you. This information may take many forms from contact details, to prescriptions, notes & information you have provided and orders you have made. Spex4less will be intent on following and exceeding the requirements of this new regulation. One of the most important elements of the new regulation is that we are not allowed to use your information without your very specific permission to do so.
For further clarity, article 5 of the GDPR stipulates the following with regards to how personal data is treated:
a) processed lawfully, fairly and in a transparent manner in relation to individuals;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.