Terms of website use (these terms)
www.sunglasshut.com/uk is a site operated by Luxottica Retail UK Ltd (We). We are registered in England and Wales under company number 2767938 and have our registered office at 2nd Floor, Verulam Point, Station Way, St Albans, AL1 5HE. Our VAT number is 649 7877 59.
1. Accessing our site
1.1 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.
1.2 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.
1.4 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.
2. Intellectual Property Rights
2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 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.
2.3 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.
2.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
2.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3. Reliance on information posted
3.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.
3.2 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.
4. Our site changes regularly
4.1 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.
4.2 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.
5. Our liability
5.1 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, other members of our group of companies and third parties connected to us hereby expressly exclude:
5.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
5.1.2 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:
126.96.36.199 loss of income or revenue;
188.8.131.52 loss of business;
184.108.40.206 loss of profits or contracts;
220.127.116.11 loss of anticipated savings;
18.104.22.168 loss of data;
22.214.171.124 loss of goodwill;
126.96.36.199 wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6. Information about you and your visits to our site
6.2 By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
7. Uploading material to our site
7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
7.2 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 posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
7.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
8. Viruses, hacking and other offences
8.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, 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.
8.2 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.
8.3 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.
9. Linking to our site
9.1 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.
9.2 You must not establish a link from any website that is not owned by you.
9.3 Our site must not be framed on any other site, 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 the content standards set out in these terms.
9.4 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
10. Links from our site
10.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
10.2 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.
11. Jurisdiction and applicable law
11.1 The English courts will have non-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.
13. Your concerns
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Select product can be found in our stores in the UK while supplies last. In some cases, merchandise displayed for sale on the site may not be available in all stores.
The prices displayed on the site are RRP and are quoted in Pound Sterling. These prices are intended to be valid and effective only in the UK, excluding outlets and airport stores. All products and prices of products described or depicted on this website are subject to change at any time without notice.
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this website.
Thank you for visiting our site.
Terms and Conditions of Sale
1. About these Terms and Conditions of Sale
These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at [www.sunglasshut.com/uk] (the “Site”). The Site and the goods supplied through it are provided by [Luxottica Retail] UK Limited, a limited company incorporated in England and Wales under company number , of [United Kingdom] (referred to here as “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.
We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
Nothing in these Terms and Conditions of Sale will affect your statutory rights. If you have any questions about the Terms of Sale, any of the Additional Policies, the goods or the Site please contact us by visiting us at [http://www.sunglasshut.com/FAQ?storeId=11352&catalogId=11152]. Alternatively you can speak to an advisor by calling [0800 975 079] or you can contact us by e-mail at [Customer.Care@uk.sunglasshut.com].
PART A – INFORMATION ABOUT THE SITE AND THE GOODS
This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.
1. Information provided on the Site
1.1. We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order..
1.2. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that:
a) the colours of goods as shown on the Site will depend on many factors – including your display settings;
b) the actual sizes and shapes of the goods may differ from how they appear on your screen;
c) pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
d) all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
e) we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only. Actual delivery dates may vary. Further delivery details may be available on our delivery service provider's tracking website. Please see PART B below for more information about delivery; and
f) not all goods and promotions that are offered on the Site will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion.
1.3. We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
2.1. We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
3.1. It is your responsibility to ensure that any login details or password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
PART B – BUYING GOODS
This PART B sets out the terms that apply to your purchase of goods from the Site.
1. Placing your Order
1.1. Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site. You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment for those products that have been ordered. Where we use a third party card authorisation service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes. When you place an order for goods via the Site, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
1.2. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
1.3. The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email and an invoice email (as described in paragraph 2.1 below). The invoice email constitutes the VAT receipt for your goods. You should print off a copy of the invoice email together with a copy of these Terms of Sale and the Additional Policies and keep them safe. You will need to refer to these details when contacting us about your order.
2. Order Acceptance
2.1. All orders are subject to acceptance by us. Except as set out in paragraph 2.2 of this Part B below, we will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
2.2. In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see section 5 and our Returns Policy for more details.
2.3. Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
3.1. We will take payment from your credit or debit card at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order and the cost to ship these items (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Invoice Email will include information of the items actually shipped at that time only. We will contact you if we have any problems taking payment from the card details you provide during the order process.
3.2. Unless otherwise stated, all prices shown on the Site are inclusive of VAT and other applicable taxes. The prices shown do not include the delivery fee, which will be added to your total order price in accordance with our delivery guidelines.
3.3. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order.
3.4. In most cases the delivery fee payable by you for your order will be that which is given by the Site at the time you place your order. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
4. Pricing Errors
4.1. Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
4.2. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
4.3. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
5. Pricing Errors
5.1. The Order Confirmations will include general information about your order but will not include a delivery date for your goods.
5.2. We will then send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider's website and obtain an estimated delivery date.
5.3. Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
a) the delivery address specified for delivery must be within our pre-defined delivery areas, as listed below. We do not deliver to P.O. boxes;
b) although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
c) if delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Order Confirmations have been sent). If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery; and
d) once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.
e) Countries we ship to are [United Kingdom].
5. Pricing Errors
5.1. Where delivery is being made by parcel courier, delivery will be made only to the point of entry of the delivery address.
5.2. On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.
PART C – CANCELLING YOUR ORDER AND RETURNING GOODS
1.“Made to order” goods
1.1. Cancelling your order. Orders for goods that are produced to your specification cannot be cancelled after the Order Confirmations have been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us.Additionally "Made to order" goods are non-returnable and non-refundable once the confirmation email has been received by the customer.
1.2. Faulty goods. If made to order goods have been delivered and found to be misdescribed, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction then these goods can be returned. Please read our Returns Policy for more information about returning the goods.
2. “Finished” goods
2.1. Cancelling your order. You may cancel your order for all finished goods at any time up until we accept your order, which is the date that we send you the Shipping Confirmation email, in accordance with PART B of these Terms of Sale. We also offer a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods.
2.2. Faulty goods. If you discover that your goods are faulty then you may return them to us. Please read our Returns Policy for more information about our return period and how to return the goods.
2.3. Despite the limitations in paragraphs 2.1 and 2.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.
2.4. Where you buy as a consumer, these Terms of Sale and the Additional Policies will not affect your rights under law which cannot be otherwise excluded.
PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
1. About Us
[Luxottica Retail UK Limited] is a limited company incorporated in England and Wales under company number , with registered office at of [2nd Floor, Verulam Point, Station Way, St Albans, Hertfordshire. AL1 5HE]. Our VAT number is .
If you would like more information about us, or want to get in touch with us, please contact us at by visiting [http://www.sunglasshut.com/FAQ?storeId=11352&catalogId=11152]. Alternatively you can speak to an advisor by calling [0800 975 079] or you can contact us bye-mail: [Customer.Care@uk.sunglasshut.com].
2. Our Liability to you
2.1. Our entire liability to you under these Terms of Sale and Additional Policies shall not exceed the price paid for the goods you have purchased through the Site, provided that we take reasonable care when we deliver the goods to you.
2.2 Neither we, nor any of our employees or representatives will be liable to you, whether in contract, tort, statute or otherwise, for any damages, losses, costs, claims, liabilities or expenses of any kind howsoever arising including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
3.1. Details of your warranty rights in respect of each product type are set out in our Warranty Policy. These warranties are in addition to and do not affect your legal rights as a consumer.
4. Events Beyond Our Reasonable Control
4.1. We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
5.1. Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
6.1. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
8. Governing Law
This agreement is governed and shall be construed in accordance with English law. Any claims or disputes arising out of or in connection with under these Terms of Sale or any of the Additional Policies shall be subject to the exclusive jurisdiction of the courts of England and Wales.
PART D – INFORMATION ABOUT CUSTOMISED PRODUCTS
You are solely responsible for any proposed engraving, and Sunglass Hut disclaims any and all liability related to your selection. Luxottica reserves the right to reject any proposed engraving it deems inappropriate, as determined by Luxottica in its sole discretion, including engravings that are proprietary to a third party, confidential, violent, discriminatory, unlawful, infringing, hateful, bullying, abusive, harassing, threatening, obscene, pornographic or sexually suggestive