E-COMMERCE TERMS & CONDITIONS

1.            THESE TERMS & CONDITIONS

 1.1          What these terms cover

These are the Terms & Conditions on which we will supply products (which may include goods, services or digital products) to you through our website. By placing an order through our website, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, do not order products through our website.

 1.2          Why you should read them

Please read these Terms & Conditions carefully before you submit your order to us. These Terms & Conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 2.            INFORMATION ABOUT US AND HOW TO CONTACT US

 Who we are and how to contact us

This website is owned and operated by Clear day Ltd trading as Style Optique Our registered office address/ main trading address is 18- 20 Cheshire Street, Market Drayton, Shropshire, TF9 1PD You can contact us by email at info@styleoptique.co.uk

 3.            OUR CONTRACT WITH YOU

 3.1          Your order is an offer to purchase

You may offer to purchase products from us by submitting an order through our website. It is your responsibility, when submitting your order, to ensure all the details you have supplied are correct, and that you have ordered the correct products with the correct description and quantity. We will not be responsible for any errors made by you in your order.

 3.2          How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. These Terms & Conditions will be incorporated into that contract.

 3.3          If we cannot accept your order.

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because you are located outside our delivery area or we cannot meet your delivery deadline, or because we have identified an error in the price or description of the product.

 

 4.            OUR PRODUCTS AND SERVICES

 4.1          Product images on our website

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display any colours and details accurately, your product may vary slightly from those images. The packaging of the products we supply may also vary from that shown. These differences will not affect your use of the products.

 4.2          Information required from you

If you are ordering bespoke products, it is your responsibility to ensure that you submit accurate information to us when ordering.

We may charge you additional sums if you do not give us the information we have requested in order to provide our goods or services to you, or if you do not do any preparatory work required in order for us to provide those goods or services.

 5.            YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. This will depend on whether or not fulfilment of your order has begun. If it is possible to change your order, we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change and pay any increase in price.

 

6.            OUR RIGHTS TO MAKE CHANGES TO OUR PRODUCTS OR SERVICES

6.1          Minor changes we can make without notice to you

 We may from time to time make minor changes to our products, for example:

(a)           to reflect changes in relevant laws and regulatory requirements;

(b)           to implement minor technical adjustments and improvements;

(c)           to update any digital content we make available, provided it still matches the description given to you at the time you bought it.

By law, we do not need to give you advance notice of these changes, which will not affect your use of the product.

 

6.2          We can suspend or withdraw products

We can suspend the supply of our products (for example to deal with any technical problems, update or change the product). Unless the suspension is urgent, we will notify you in advance. Depending on the circumstance and length of suspension, we may adjust the price payable by you. If the suspension will be for more than 30 days, you can contact us by email at info@styleoptique.co.uk to end the contract and receive a refund for any sums you have paid in advance for products which you have not received.

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We will let you know in advance if we decide to do this, and we will refund any sums you have paid in advance for products which will not be provided to you.

 7.            PRICE AND PAYMENT

 7.1          Where to find the price for the product or services we supply

The prices of the products or services we supply will be the prices indicated on the relevant pages on our website. We use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 7.2 for what happens if we discover an error in the price of the product you order.

7.2          What happens if we got the price wrong

Despite our best efforts, some of the products or services we sell may occasionally be incorrectly priced on our website. In these circumstances, we may decline to supply the incorrectly priced products, in which case we will let you know as soon as possible and refund any sums you have paid.

 7.3          When you must pay and how you must pay

We will charge you when we accept your order. Unless we agree with you otherwise in writing, you must pay for the products before we supply them.

If the rate of VAT changes between the date you order and the date we supply the goods or services, we will pass this increase on to you unless you have already paid in full.

If we are unable to collect the payments due from you, we will charge interest on the overdue amount at the rate of 4% per year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date for payment until the date of actual payment.

You will pay us the overdue amount plus interest together with the costs of enforcement against you.

 8.            DELIVERY OF THE PRODUCTS

 8.1          Delivery costs

The costs of delivery will be as displayed to you on our website.

 8.2          Delivery times

During the order process we will provide you with an estimated delivery time for your order. This will depend on the products ordered and your location. Those delivery times are estimates only of the average time for delivery, and timing shall not be of the essence of the contract between us.

If the supply of our products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will try to minimise the delay. Provided we do this, we will not be liable to compensate you for delays caused by the event. However, if there is a risk of substantial delay you may contact us by email at info@styleoptique.co.uk to end the contract and receive a refund for any products you have paid for but not received.

8.3          Responsibility and ownership

You will be responsible for the products we supply from the time we deliver them to the email address you have provided. You will own the products once we have received payment in full from you.

 8.4          Customs duties and taxes

Additional customs duties and taxes can sometimes occur on international orders. These are not included in the price of our products, are outside our control, and we are not responsible for them. Please check with your local customs office directly to see if they will apply customs duties or taxes on your purchases.

 9.            YOUR LEGAL RIGHT TO CHANGE YOUR MIND

 9.1          Your legal right to change your mind

For most products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to conditions, which we set out below.

 9.2          The deadline for changing your mind

If you change your mind about a product, you must let us know no later than 14 days after:

 (a)           the day we deliver your product, if it is goods. If the goods are delivered on a subscription basis, you can only change your mind after the first delivery. If delivery of the goods is split over several deliveries, the 14 day period runs from the day after the last delivery;

 (b)           the day we confirm we have accepted your order, if that order is for a service;

 (c)           the day we confirm we have accepted your order, if it is for digital content for downloading or streaming. However, you can’t change your mind about digital content once we have started providing it, or you have started to download or stream them.

 9.3          How to let us know that you have changed your mind

To let us know that you have changed your mind, contact us via email at info@styleoptique.co.uk

9.4          When you can’t change your mind

You cannot change your mind about an order for:

(a)           digital products, after you have started to download or stream them;

(b)           services, once these have been provided;

(c)           products sealed for health protection or hygiene purposes, once these have been unsealed after delivery to you;

(d)           goods which are made to your specification or which are personalised;

(e)           goods which have become inseparably mixed with other items after their delivery to you;

(f)            perishable goods, like food or flowers;

(g)           catering, accommodation and leisure services which we have agreed to provide to you on a specified date

9.5          Refunds if you change your mind within 14 days

If you change your mind about goods we have supplied within 14 days, you must return them to us within a further 14 days. Returns are at your own cost. Please keep evidence of postage.

 

If you have used or damaged the goods you want to return, we will reduce the amount of refund due to you to compensate us for its reduced value. Depending on the extent of use or damage, no refund may be due.

If you are entitled to a refund, then we will refund you, using the method you used for payment:

(a)        within 14 days of you telling us you have changed your mind, if you have purchased a service, digital content or goods which have not been received from us;

b)         within 14 days of receiving from you any goods you have returned to us, if you have purchased and received goods from us.

 9.6          Right to a refund if you have received our services before you change your mind

If you bought a service from us, we will not refund you for any services you received before you notified us that you had changed your mind.

 9.7          Right to end an ongoing contract

If you have an ongoing contract with us (for example for regular services or a subscription to digital content or goods) you may still have a right to terminate that ongoing contract after the 14 day ‘cooling off period’ described above has expired. Please see the information on our website, or contact our customer service team at info@styleoptique.co.uk

10.          YOUR LEGAL RIGHTS IF THERE IS SOMETHING WRONG WITH THE PRODUCTS WE SUPPLY

We are committed to upholding our legal duty to provide you with products which are as described on our website and which meet the requirements imposed by law. Your legal rights are summarised below, and you can visit the Citizens Advice website www.citizensadvice.org.uk for further details.

Summary of your key legal rights:

If you have purchased goods from us, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

·               Up to 30 days: if your goods are faulty, then you can get a refund.

·               Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

·               Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If you have purchased digital content from us, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

·               If your digital content is faulty, you're entitled to a repair or a replacement.

·               If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

·               If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

If you have purchased services from us, the Consumer Rights Act 2015 says:

·               You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

·               If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

·               If a time hasn't been agreed upfront, the service must be carried out within a reasonable time.

If you believe the product we have supplied is defective, please contact us by email on info@styleoptique.co.uk attaching photos of any wrong, damaged or defective items so that we can arrange a refund or replacement. We will pay the costs of returning any wrong, damaged or defective goods to us. Any refunds will be issued to the same method of payment used to purchase the products.

 11.          OUR RIGHTS TO END THE CONTRACT

We may end our contract with you, and claim reasonable compensation for your breach of contract if:

(a)           you do not make a payment to us when it is due, despite reminders; or

(b)           you do not, within a reasonable time, allow us to deliver the products to you;

(c)           you do not provide us with the information, cooperation or access we need to provide the product to you.

12.          OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If we fail to comply with these Terms & Conditions, we may be liable for loss or damage you suffer that is a foreseeable result of our breaking the contract.

We are not responsible for:

(a)           any loss or damage that is not foreseeable;

(b)           any loss or damage caused by a delaying event which was outside our control, provided we notified you and took steps to minimise the delay;

(c)           any loss or damage you caused or could have avoided by taking reasonable action (for example by following our instructions);

(d)           any loss of profit, loss of business, business interruption, loss of business opportunity or other loss suffered by you in connection with your business, trade, craft or profession;

(e)           any other indirect or economic loss.

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Products.

13.      Our intellectual property

13.1        All Content supplied by is our property (or the property of our licensors, as appropriate) and is protected by copyright and other intellectual property laws. All intellectual property rights subsisting in our Content shall at all times remain our exclusive property (or the property of our licensors, as appropriate). Nothing in these T&Cs shall vest in you any rights in the Content or any other material provided by or belonging to us (or our licensors, as appropriate).

13.2      When you pay us to supply our Content, we will grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use the Content solely for your use. The licence granted to you does not give you any rights in the Content (including any material that we may licence from third parties).

13.3      You may not, at any time copy, record, reproduce, modify, rent, sell, publish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Content (or any part of it) or make Content (or any part of it) available to any other person.

13.4      You may not remove any copyright or proprietary notices from the Content.

14.          HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Notice. Our Privacy Notice is available on our website, or by emailing us at info@styleoptique.co.uk

15.          OTHER IMPORTANT TERMS

15.1       We may transfer our contract with you to someone else

We may transfer our rights and obligations under these terms to another organisation, for example if we sell our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2       You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under our contract to another person if we agree to this in writing.

15.3       Amendments to these terms

We reserve the right to amend these Terms & Conditions from time to time without prior notice to you. The version of the terms that will apply to your order will be those on our website at the time you place your order.

 

15.4       Entire agreement

These Terms & Conditions contain the entire agreement regarding the supply of products by us to you. You have not relied on any other representation, warranty or other provision and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

15.5       No third party rights

The contract under which you are purchasing products from us is between you and us. No other person shall have any rights to enforce any of its terms.

15.6       If a court finds part of this contract invalid, the rest will continue in force

Each of the clauses set out in these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.7       No waiver

If we do not immediately enforce this contract if you breach it, this will not prevent us taking steps against you for breach of contract at a later date.