These Terms and Conditions set out all of the rights and obligations which apply between the Company "Designer Specs Direct " (hereinafter referred to as the "Seller") and you as our customer (hereinafter referred to as the "Buyer").
Designer Specs Direct is a wholly owned subsidiary of Fashion Specs Direct Limited. Fashion Specs Direct Limited is a company registered in the United Kingdom with number 5986776 whose registered office is at 61, Rodney Street, Liverpool, L1 9ER
By using this site Buyer agrees to be bound by these Terms and Conditions to the exclusion of all other Terms and Conditions. The terms and conditions herein, constitute the entire Contract between the parties and supersede all previous communications, whether oral or written. Any change to this Contract may be made only upon mutual agreement of the parties in writing.
1. OFFER/ACCEPTANCE
DesignerSpecs Direct offers to sell and deliver the products and services specified herein in accordance with the terms and conditions hereof. THIS OFFER EXPRESSLY LIMITS ACCEPTANCE TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY THE BUYER ARE HEREBY OBJECTED TO AND REJECTED UNLESS EXPRESSLY ASSENTED TO IN WRITING BY SELLER.
2. CANCELLATION, RESCHEDULING, RETURNS, AND MODIFICATIONS
Any request for order cancellation, rescheduling, return, or modification must be made in writing and such action must be approved in writing by Designer Specs Direct. The Seller will accept returns at Buyers expense within 30days of shipment. Any out of pocket expenses incurred (including but not limited to P&P costs, handling costs, insurance if any) shall become the responsibility of the Buyer.
We reserve the right to cancel the contract if:
- Sellers stock is insufficient to deliver the goods ordered and buyer is unable to wait for replenishment of stock.
- Seller is unable to arrange delivery via established carrier.
- Prices quoted were inaccurate, even if caused by seller's error. Seller will promptly notify Buyer of situation and Buyer shall have sole discretion whether to accept or reject the amended price.
- Buyer has made previous claims, assertions or notifications of damages against Seller.
3. BUYERS OBLIGATIONS
Buyer hereby warrants that he/she has read and expressly accepted these terms and conditions.
4. PRICE AND PAYMENT
The price payable for the goods you order is as set out on our website at the time you place your order plus any charges for extras as specified or ordered, postage & packing and insurance as applicable.
We must receive full payment for the goods you order and any applicable charges for postage, packing and insurance, before your order can be processed. All goods must be paid for in full prior to dispatch.
6. DELIVERY
Delivery will be to the delivery address stated on the order form. Method of delivery will be by recorded delivery with frames packaged in an appropriate hard case. Our delivery terms and expected times are further set out HERE.
Dates specified for delivery are an estimate only. Time for delivery is not guaranteed. Seller will not be liable for any expenses incurred howsoever caused due to failure to receive goods or otherwise once goods have been dispatched.
Buyer shall be responsible for making all claims with carriers, insurers, warehousers and others for non-delivery, loss, damage or delay. All claims for damages to the product or shortages must be made within thirty (30) days of shipment.
7. RECEIPT OF GOODS
Buyer should undertake a careful inspection of the goods upon receipt. If on inspection they appear to be defective in material or workmanship, the Seller undertakes at its discretion to replace, repair or refund to the Buyer the price of the goods. In no circumstances will liability exceed the cost of replacement or the price paid by you for the goods.
If the Goods or any part thereof are damaged or lost while in the custody of a carrier, the Seller will, at its sole option, either replace such Goods or part thereof, or refund to the Buyer the cost or price of the same.
Any Goods returned to the Seller and replaced by the Seller shall be the property of the Seller.
The Seller's liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Goods and, save as provided in this clause, the Seller shall not be under any liability, whether in contract tort or otherwise, in respect of defects or injury.
The Sellers liability is limited to a full refund. This does not affect your statutory rights as a consumer.
8. ERRORS
The Seller shall not be liable for any errors made by the Buyer or third parties when supplying or entering prescription details.
9. GOVERNING LAW
This Contract is made in, governed by and shall be construed in accordance with the laws of The United Kingdom. If the products purchased hereunder are purchased by a Buyer residing in a country other than the United Kingdom, then the parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from this Contract.
10. WARRANTY
Seller warrants that each product will be new, original, free of defects in materials and workmanship, and conform to specifications set forth in published data sheets (Please note that representations and photography on Sellers site is for information purposes only. Due to limitations in the media, goods may in some cases appear to be different due to colour and form. Seller has made best efforts to make images appear as close as possible, but cannot be held responsible for cosmetic differences), for a period of one (1) year. The warranty commences on the date the product is shipped Seller. Seller's sole liability and responsibility under this warranty is to repair or replace any product which is returned to it by Buyer and which Seller determines does not conform to the warranty. Product returned to Seller for warranty service will be shipped to Seller at Buyer's expense and will be returned to Buyer at Seller's expense. In no event shall Seller be responsible under its warranty for any defect which is caused by negligence, misuse or mistreatment of a product or for any unit which has been altered or modified in any way. The warranty of replacement products shall terminate with the warranty of the product.
11. WARRANTY DISCLAIMER
SELLER'S EXPRESS WARRANTY TO BUYER CONSTITUTES SELLER'S SOLE LIABILITY AND THE BUYER'S SOLE REMEDY WITH RESPECT TO THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, LIABILITIES AND REMEDIES. EXCEPT AS THUS PROVIDED, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
12. FORCE MAJEURE
Seller shall not be liable for any loss or damage resulting from any delay in delivery or failure to give notice of delay when such delay is due to any cause or event beyond Seller's control, including, without limitation, acts of nature, unavailability of supplies or sources of energy, riots, wars, fires, strikes, labor difficulties, delays in transportation, delays in delivery or defaults Seller's vendors, or acts or omissions of the Buyer. In the event of delay due to any such cause, time for delivery shall be extended for a period of time equal to the duration of such delay and the Buyer shall not be entitled to refuse delivery or otherwise be relieved of any obligations as a result of the delay
13. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO ANY CAUSE WHATSOEVER
14. INTELLECTUAL PROPERTY
All Intellectual Property rights, including, but not limited to copyright, design rights and trade marks displayed on or contained in this website are our property.
No forbearance or indulgence shown or granted by the Seller to the Buyer shall in any way effect or prejudice the right of the Seller against the Buyer or be regarded as a waiver of these conditions
15. TERMINATION
These Terms and Conditions govern all communications and transactions between you and us. If you no longer agree to be bound by these Terms and Conditions, you must immediately cease use of the site.
To the fullest extent permitted by law, we reserve the right to suspend or deny at our sole discretion, access to all or any portion of this website without notice. Any withdrawal of access to this website will be effective without prior notice and we may immediately deactivate or delete your account and all related information and files. We shall not be liable to you or any third party for withdrawal of access to this website.
16. NOTICES
All notices from you must be in writing and sent to Designer Specs Direct , Fashion Specs Direct Limited at 4, Newlyn Close, Wirral, CH47 7AT.
17. MISCELLANEOUS
These Terms and Conditions, together with our privacy policy, represent the whole of the agreement relating to the supply of goods to you by us.
No written or verbal communication by any member of our staff should be taken to be a variation of these Terms and Conditions or a representation regarding the quality of any goods offered for sale. We will not be liable for any such representation being untrue or misleading, save for fraud or fraudulent misrepresentation. |