Tesco Opticians.com Product Terms and conditions

Please read these product terms and conditions carefully as they affect your rights and liabilities under the law and set out terms under which Tesco Opticians makes items available to you via Tesco Opticians.com

1 Purchase of contact lenses

By making an order for contact lenses you are confirming that:

1.1 you have a valid, in date contact lens specification from your optician for the contact lenses that you are ordering;

1.2 the information you enter into the Tesco Opticians site is true and matches your contact lens specification as provided by your optician;

1.3 you know of no reason why the contact lenses which you are ordering are not suitable for your requirements;

1.4 you are aged 18 years or over;

1.5 you consent to us contacting your optician to verify your contact lens specification and any other necessary information and that if the verified details do not match those provided by you, we will be unable to complete the sale of the products until you have an eye test with an optician;

1.6 you will comply with all instructions for use from your optician and stated on the product or any inserted leaflet; and

1.7 your order made via the Tesco Optician site represents a request for contact lenses by you and the contact lenses are intended for use by you and no other person.

2 Purchase of prescription glasses

By making an order for prescription glasses you are confirming that:

2.1 you are aged 18 years or over;

2.2 you are not registered blind or partially blind;

2.3 if you are under 70 years old, you have a valid current prescription for your glasses which is not over 2 years old;

2.4 if you are over 70 years old, you have a valid current prescription for your glasses which is not over 1 year old;

2.5 the information you enter into the Tesco Opticians site is true and matches your glasses prescription as provided by your optician;

2.6 you know of no reason why the glasses which you are ordering are not suitable for your requirements;

2.7 if requested by us you will provide a copy of your original prescription, contact details of your optician and any other details reasonably requested which confirms that you are eligible to purchase the glasses you have ordered. You consent to us contacting your optician to verify your glasses prescription and any other necessary information and you acknowledge that if the verified details do not match those provided by you, we will be unable to complete the sale of the products until you have an eye test with an optician;

2.8 you will comply with all instructions for use from your optician and stated on the product or any inserted leaflet; and

2.9 your order made via the Tesco Optician site represents a request for contact lenses by you and the contact lenses are intended for use by you and no other person.

3 Prices

The prices payable for the products that you order are clearly set out on the relevant part of the Tesco Opticians site. If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. In those circumstances we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 8 below.

All prices are expressed inclusive of VAT payable unless otherwise stated. The price of an item does not include the delivery charge which will be displayed separately in the checkout area of the Tesco Opticians site.

4 Availability

We try to ensure that we always stock the full product range. If for any reason beyond our reasonable control we are unable to supply a particular item or we consider the item is not suitable for your needs, we will notify you as soon as possible. In such circumstances we will not be liable to you except to ensure that you are not charged for that item.

5 Payment and acceptance

You will be charged for your purchase at the time you place your order. After this time you cannot amend your order (but please see our cancellation policy in section 7 below).

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy in section 8 below. Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched.

6 Delivery

Please note we only deliver to addresses within England, Scotland, Wales and Northern Ireland.

Orders for prescription glasses can only be collected from Tesco stores. Your order will be dispatched to a Tesco Opticians store local to you and we will email you to let you know when your glasses are ready for collection.

Delivery of all other products will be made to the address provided by you when making an order.

Ownership of an item will pass to you when we dispatch the item to you. When an item has been dispatched, risk of damage to or loss of the item passes to you.

We will do our best to deliver your items within 28 days of the despatch of your order. Delivery times specified on the Tesco Optician site are estimates only and are subject to availability. Whilst we make every effort to deliver your items within this time, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control.

7 Cancellation of order

You have the right to cancel your order up to 14 working days after the day following the delivery of an item by calling our Customer Service department on 0845 601 3479.

If the item(s) have not been dispatched we will cancel the order and we will refund payment in accordance with our refund policy in section 8 below. If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund you in accordance with our refund policy in section 8 below. Alternatively, if you have already taken delivery of the item(s) or collected from in-store please follow the procedure for returns in section 9 below.

8 Refund Policy

If you are entitled to a refund we will refund you on the payment card you used to pay for the order. In the event of a refund, all Clubcard points received for the purchase of a refunded item will be removed from your Clubcard account. We will refund the delivery charge if you return all items of your order at the same time.

Refunds for products purchased under a promotional offer will be based on the terms of the promotional price paid.

9 Returns Instructions

We hope that you will be happy with your purchase but should you wish to return an item we aim to make the returns process as simple as possible.

If you change your mind within 14 days of receipt, we are happy to refund or exchange the item provided it is returned as sold with all components intact. Please contact us on 0845 601 3479 to obtain a return number. Note this on a copy of the confirmation email you received when you placed your order and enclose these with the item(s) you want to return. This refund policy is unique to purchases via Tesco.com and does not apply to purchases made at Tesco Opticians.

If any of the items are faulty, please contact us on 0845 601 3479 to obtain a return number. Note this, and the nature of the fault, on a copy of the confirmation email you received when you placed your order and enclose these with the item(s) you want to return.

Please not that in-store Tesco Opticians are not able to process refunds for items ordered via the Tesco Opticians site.

10 Payment

You can pay by MasterCard, Visa credit cards, Maestro cards, Visa Delta cards or Solo cards. We do not currently accept any other forms of payment, including Electron, American Express, cheque or postal order.

Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be give at the time of order. You will not be charged for items until they are dispatched.

Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for Products and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

11 Our responsibility to you

If we are in breach of these Product Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

This section 11 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or personal injury.

Our liability to you in connection with any order will not exceed the total price charged for the items.

12 General

You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.

If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.

We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.

Except as expressly set out in these Product Terms & Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

When ordering from the Tesco Optician site we accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.

These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

13 Customer Services

If you have any queries please contact us by email at help@tescoopticians.com or by telephone on 0845 601 3479.

The Tesco Opticians site is operated by Tesco Stores Limited trading as Tesco Opticians, New Tesco House, Delamare Road, Cheshunt, Herts, EN8 9SL.

Company Registration Number No.519500, VAT No.GB220 4302 31

Terms and conditions for use of Tesco Opticians website

These Terms and Conditions govern your use of the Tesco Opticians website (Tesco Opticians site) and your relationship with Tesco Opticians (Tesco Opticians, we or us). Please read them carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms and Conditions, please do not register for or use the Tesco Opticians site. Please note that to use the service provided on the Tesco Opticians site, you are required to register as an authorised user on the site.

1 Use of the Tesco Opticians site

The Tesco Optician site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Tesco Opticians site you agree to be bound by these Terms and Conditions.

All orders and purchases made on the Tesco Opticians site will also be governed by the Product Terms and Conditions - please click here to see these.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2 Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided to you on registration or via a suitable announcement on the Tesco Opticians site. The changes will apply to the use of the Tesco Opticians site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Tesco Optician site. If you continue to use the Tesco Opticians site after the date on which the change comes into effect, your use of the Tesco Opticians site indicates your agreement to be bound by the new Terms and Conditions.

3 Clubcard, vouchers and coupons

This paragraph on Clubcard is in addition to the terms and conditions of Tesco Clubcard.

To be awarded Clubcard points applicable to purchases on the Tesco Opticians site you need to have a valid Tesco Clubcard or a Tesco e-Clubcard number that you must enter when requested on the Tesco Opticians site.

Clubcard points received for the purchase of a refunded item may be removed from your Clubcard account. The following items cannot be redeemed against purchases on the Tesco Optician site: (a) paper Clubcard Vouchers, electronic Clubcard Vouchers (which are issued for use on Tesco.com (b) bonus coupons (which may be received with the quarterly Clubcard mailing, by email, awarded online or handed out in a Tesco store), and (c) product or discount coupons issued by manufacturers or promoters.

4 Excluded Services

The services provided by the Tesco Opticians site do not include the provision of computer or other necessary equipment to access the Tesco Opticians site. To use the Tesco Opticians site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs you may incur.

5 Intellectual Property

The content of the Tesco Opticians site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Tesco Opticians site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Tesco Opticians site without written permission from Tesco Opticians.
No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco Opticians or its affiliated companies including, without limitation, the trade marks TESCO, TESCO.COM, TESCO CLUBCARD and TESCO OPTICIANS.

6 Use of the Tesco Opticians site

You may not use the Tesco Opticians site for any of the following purposes:

Tesco Opticians reserves the right to refuse to post material on the Tesco Opticians site or to remove material already posted on the Tesco Opticians site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

7 Availability of the Tesco Opticians site

Although Tesco Opticians aims to offer you the best service possible, Tesco Opticians makes no promises that the services at the Tesco Opticians site will meet your requirements. Tesco Opticians cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services on 0845 601 3479 or help@tescoopticians.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Tesco Opticians site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco Opticians will attempt to restore the service as soon as it reasonably can.

8 Tesco Opticians right to suspend or cancel you registration

Tesco Opticians may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Tesco Opticians site.

The suspension or cancellation of your registration and your right to use the Tesco.com Site shall not affect either party's rights or liabilities.

Paragraphs 5, 6 and 9 of these Terms and Conditions shall survive cancellation.

9 Liability

The Tesco Opticians site is provided by Tesco.com without any warranties or guarantees. You must bear the risks associated with the use of the internet.

The Tesco Opticians site may provide content from other Internet sites or resources and while Tesco Opticians tries to ensure that material included on the Tesco Opticians site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco Opticians will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Tesco Opticians site. If Tesco Opticians is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Tesco Opticians site.

Nothing in this paragraph applies to Tesco.com's liability in respect of products sold through the Tesco Opticians site.

Nothing in these Terms and Conditions shall exclude Tesco Opticians' liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

10 Third Party Websites

As a convenience to Tesco Opticians customers, the Tesco Opticians site may include links to other web sites or material which are beyond its control. Tesco Opticians is not responsible for content on the Internet or the World Wide Web pages on any site outside the Tesco Opticians site.

11 Advertising and Sponsorship

Part of the Tesco Opticians site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Tesco Opticians site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

12 International Use

Tesco Opticians makes no promise that materials on the Tesco Opticians site are appropriate or available for use outside the United Kingdom, and accessing the Tesco Opticians site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.

13 General

You may not transfer any of your rights under these Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.

If you breach these Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms & Conditions.

We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond our reasonable control.

Except as expressly set out in these Terms & Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

These Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

14 Customer Services

If you have any queries please contact us by email at help@tescoopticians.com or by telephone on 0845 601 3479. The Tesco Opticians site is operated by Tesco Stores Limited trading as Tesco Opticians, New Tesco House, Delamare Road, Cheshunt, Herts, EN8 9SL. Company Registration Number No.519500, VAT No.GB220 4302 31

Tesco Opticians trade mark acknowledgments

Certain registered trade marks are displayed on Tesco Opticians website. Such trade marks are used on the website for the sole purpose of describing the origin of the various products.

Tesco Opticians acknowledges in particular the following trade marks:

• [Tesco]
• [Tesco.com]
• [Tesco Stores Limited]
• [Tesco Opticians]
• [Brink]
• [Bench]

With the exception of those trade marks beginning 'Tesco', Tesco Opticians does not have any links to any of the above trade marks.