TERMS AND CONDITIONS
Terms and Conditions
Please read the following Terms and Conditions before placing your order. When you place an order you automatically agree that you have read and agreed to these Terms and Conditions. The contract is between you and Hopkins and Eye trading as “Hopkins & Eye” (“we” or “us”). If your order is accepted, these terms and your order form will together form a legally binding contract between you and the buyer or customer. A contract will be made when we accept an order, and acceptance will be by way of emailed confirmation of acceptance.
Where an order is placed through our website, you should keep a copy of the order and these Terms and Conditions.
The contract between you and us will consist of the order, our confirmation of the order and these Terms and Conditions. The Buyer should therefore keep a copy of the order when the Buyer receives it and these Terms and Conditions.
The main characteristics of the goods and services ordered by you (the ”Products”), the price of the Products and the delivery charge for shipping and packing are stated on our website or specified in your order form before you confirm your purchase. The “Contract Price” will be the price and delivery charge as stated on the website at the time of the order, plus applicable VAT and/or sales or other taxes. The description of the Products and the Contract Price will be stated in the order and confirmed in the confirmation of your order. You will be required to pay the Contract Price in full before the Products are dispatched to you.
We can be contacted by writing at Hopkins and Eye, by email at hopkinsandeye@gmail.com.
1. CONTRACT: These Terms and Conditions apply to any contract for the sale of Products by us to you. They apply to a consumer sale where you are a person who is not entering into the contract for a commercial purpose in the course of a business. You and us are referred to together as “the Parties”. All references to “Paragraphs” relate to Paragraphs in these Terms and Conditions.
2. ACCEPTANCE OF AN ORDER: For the purposes of contract law, the advertising or display of information relating to any Products on our website is not an offer for sale but an invitation to you to offer to buy those Products. The placing of an order is treated as an offer to buy the Products stated in the order. We do not enter into a contract until you accept an order. Acceptance will occur when we send confirmation to you of acceptance of your order.
3. CONTRACT DOCUMENTS: The contract will consist of the order, our confirmation of the order and these Terms and Conditions. If you wish to change any matter or information stated in the order or which is set out in our confirmation of the order, you must contact us by email as soon as possible after receiving the confirmation, since any change will be a variation of the contract which will require the agreement of each of us. We reserve the right to refuse any such request (e.g. because we have already have begun to process the order). You must notify us of any change of address by email as soon as possible if you wish to change the address for delivery. Changes in the delivery address cannot be guaranteed as this will be influenced by the progress of your order at the time.
4. STATUS OF BUYER: You must be at least 16 years of age in order to enter into a contract with us. For the purchase of prescription spectacles or lenses, you must not be registered blind or partially sighted, and must not order on behalf of any person who is under 16 years of age.
5. DESCRIPTION OF PRODUCTS: The main characteristics of the Products are stated on our website. For the purposes of the contract, the Products will be identified in the order and the description will be taken to include the main characteristics stated on our website.
6. PRESCRIPTIONS FOR SPECTACLE LENSES: In cases where you are ordering prescription glasses, you must provide us with complete and accurate details of the prescription for each lens and any other details or notes that have been included in a prescription given to you by a registered medical practitioner, registered ophthalmic optician or registered optometrist. The prescription must have been given to you following a sight test within the last two years. If you are not sure of the appropriate prescription for each lens, you must consult a registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order. For spectacles you must provide us with an accurate measurement of the pupillary distance for the spectacles. We may require you to provide us with a copy of your prescription during the performance of the contract, including the time when we process the order or consider any claim by you that the Products have been damaged in transit or delivered in a defective condition or that for any other reason they do not comply with the requirements of the contract. In all cases the prescription details stated by you in the order will be used in making the lenses unless we agree to an amendment.
7. CHANGES IN ADVERTISED PRICES: Prices stated on our website or in any advertising material published by us may be altered by us at any time.
8. CONTRACT PRICE: The “Contract Price” will generally be the price of the Products as stated on our website at the time when you place the order, plus our shipping charge for shipping (if any), packing and delivery by means of the appropriate shipping service depending on the location of the place where the Products are dispatched and the address for delivery, and Value Added Tax where applicable at the rate applying at that time. We take all reasonable action to ensure that prices stated on the website are accurate. In the event of any accidental error in stating the price, we will be under no obligation to fulfil the order at that price. We will inform the Buyer of the mistake as soon as possible and you will have the option of confirming the order at the correct price or cancelling the order. In the event of such cancellation, we will refund any payment made by the Buyer promptly in full.
9. PAYMENT: You must pay the Contract Price in full in cleared funds before the Products are dispatched to you. We will be entitled to full payment even though the ownership of the Products has not yet passed to you.
10. METHOD OF PAYMENT: Payment may be made by any means of payment which is stated on our website as being acceptable. Where you provide information for payment by credit card or other electronic means of payment, we may take payment of the Contract Price when the Products are ready to be dispatched and will send written confirmation to you that the payment has been taken.
11. AVAILABILITY: All products advertised on website are subject to availability. If, for any reason, we are not able to supply the Products specified in the order because the Products are no longer available, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you. In those circumstances we will not be liable to make any other payment to you and in particular will not be liable for any loss or damage suffered by you as a result of the failure to supply the Products. Alternatively, we may offer and you may agree to accept alternative Products by way of a variation of the contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price and supplies of such a product are no longer available to us from the manufacturer or supplier at a reduced price. In such a case, you may have the option of purchasing similar or other Products at the normal price or receiving a refund.
12. CHANGES MADE BY MANUFACTURER: We will take all reasonable steps to ensure that the Products supplied to you match their description. However, we might be unable to supply Products of that description because of changes made by the manufacturer which are beyond our control. The following provisions will then apply:-
(A) If the manufacturer makes any minor change in the design or technical specification of the Products, which might be done, for example, to improve the construction or performance of the Products, we may supply the Products as changed even though they do not correspond exactly with the description specified in the order, provided that there is no significant difference in the appearance, performance or quality of the Products supplied, that they are equivalent for all purposes in using the Products, that they are of equivalent or superior value and that there is no increase in the Contract Price. In these circumstances, we will inform you of the minor change made by the manufacturer and you will be bound to accept the Products as changed, subject to your right to cancel the contract in accordance with these terms
(B) If the manufacturer makes any significant change in the design or technical specification of the Products which prevents us from supplying Products which correspond exactly with the description specified in the order, we may offer you similar Products as an alternative, provided that the alternative Products are of equivalent standard of performance and quality and that they are equivalent for all purposes in using the Products. In these circumstances, we will inform you as soon as reasonably practicable once we are aware of the change. If you are not willing to accept alternative Products, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you. If you choose to receive alternative Products of a higher or lower price than the Products originally ordered, you will pay an appropriate further sum to us or we will refund an appropriate sum to you . You will still have the right to cancel the contract where that right is available to you under these terms.
13. DELIVERY DATE: We will take all reasonable steps to ensure that the Products are delivered to you as soon as they are available and in any event within 10 days after acceptance of the order. However, delays may occur in obtaining the Products from the manufacturer or supplier, or in producing prescription glasses or lenses, for reasons which are outside our control. If we become aware of any matter which indicates that delivery may be delayed beyond the period of 10 days after acceptance of the order, we will immediately inform you within that period. In any case where we expect that delivery can be achieved within 45 days after acceptance of the order, we may extend the latest date for delivery to 45 days on notifying you, without requiring your agreement at that stage. In any other case, we may invite you to agree to a period for delivery longer than 45 days. If a longer period is agreed, we will send notice of confirmation of the agreement to you. If you are not willing to accept a longer period, you may cancel the contract and in those circumstances you will not be charged for the Products and we will refund any payment of the Contract Price already made by you.
14. DELIVERY: All orders will be sent to you via NZ Couriers. We will notify you when the Products have been dispatched. We will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Products will normally be sent by the appropriate shipping service depending on the location of the place where they are dispatched and the place where they are to be delivered. Delivery will be taken to have occurred when the Products are delivered to the address stated by you in your order.
15. OWNERSHIP AND RISK: All risk as to loss of or damage to the Products will pass to you on delivery to the address stated in the order. Legal ownership of the Products will pass to you immediately before we despatch the product provided that we have received payment of the Contract Price in full in cleared funds and no other payments are outstanding from you in respect of any other Products supplied by us.
Please read the following Terms and Conditions before placing your order. When you place an order you automatically agree that you have read and agreed to these Terms and Conditions. The contract is between you and Hopkins and Eye trading as “Hopkins & Eye” (“we” or “us”). If your order is accepted, these terms and your order form will together form a legally binding contract between you and the buyer or customer. A contract will be made when we accept an order, and acceptance will be by way of emailed confirmation of acceptance.
Where an order is placed through our website, you should keep a copy of the order and these Terms and Conditions.
The contract between you and us will consist of the order, our confirmation of the order and these Terms and Conditions. The Buyer should therefore keep a copy of the order when the Buyer receives it and these Terms and Conditions.
The main characteristics of the goods and services ordered by you (the ”Products”), the price of the Products and the delivery charge for shipping and packing are stated on our website or specified in your order form before you confirm your purchase. The “Contract Price” will be the price and delivery charge as stated on the website at the time of the order, plus applicable VAT and/or sales or other taxes. The description of the Products and the Contract Price will be stated in the order and confirmed in the confirmation of your order. You will be required to pay the Contract Price in full before the Products are dispatched to you.
We can be contacted by writing at Hopkins and Eye, by email at hopkinsandeye@gmail.com.
1. CONTRACT: These Terms and Conditions apply to any contract for the sale of Products by us to you. They apply to a consumer sale where you are a person who is not entering into the contract for a commercial purpose in the course of a business. You and us are referred to together as “the Parties”. All references to “Paragraphs” relate to Paragraphs in these Terms and Conditions.
2. ACCEPTANCE OF AN ORDER: For the purposes of contract law, the advertising or display of information relating to any Products on our website is not an offer for sale but an invitation to you to offer to buy those Products. The placing of an order is treated as an offer to buy the Products stated in the order. We do not enter into a contract until you accept an order. Acceptance will occur when we send confirmation to you of acceptance of your order.
3. CONTRACT DOCUMENTS: The contract will consist of the order, our confirmation of the order and these Terms and Conditions. If you wish to change any matter or information stated in the order or which is set out in our confirmation of the order, you must contact us by email as soon as possible after receiving the confirmation, since any change will be a variation of the contract which will require the agreement of each of us. We reserve the right to refuse any such request (e.g. because we have already have begun to process the order). You must notify us of any change of address by email as soon as possible if you wish to change the address for delivery. Changes in the delivery address cannot be guaranteed as this will be influenced by the progress of your order at the time.
4. STATUS OF BUYER: You must be at least 16 years of age in order to enter into a contract with us. For the purchase of prescription spectacles or lenses, you must not be registered blind or partially sighted, and must not order on behalf of any person who is under 16 years of age.
5. DESCRIPTION OF PRODUCTS: The main characteristics of the Products are stated on our website. For the purposes of the contract, the Products will be identified in the order and the description will be taken to include the main characteristics stated on our website.
6. PRESCRIPTIONS FOR SPECTACLE LENSES: In cases where you are ordering prescription glasses, you must provide us with complete and accurate details of the prescription for each lens and any other details or notes that have been included in a prescription given to you by a registered medical practitioner, registered ophthalmic optician or registered optometrist. The prescription must have been given to you following a sight test within the last two years. If you are not sure of the appropriate prescription for each lens, you must consult a registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order. For spectacles you must provide us with an accurate measurement of the pupillary distance for the spectacles. We may require you to provide us with a copy of your prescription during the performance of the contract, including the time when we process the order or consider any claim by you that the Products have been damaged in transit or delivered in a defective condition or that for any other reason they do not comply with the requirements of the contract. In all cases the prescription details stated by you in the order will be used in making the lenses unless we agree to an amendment.
7. CHANGES IN ADVERTISED PRICES: Prices stated on our website or in any advertising material published by us may be altered by us at any time.
8. CONTRACT PRICE: The “Contract Price” will generally be the price of the Products as stated on our website at the time when you place the order, plus our shipping charge for shipping (if any), packing and delivery by means of the appropriate shipping service depending on the location of the place where the Products are dispatched and the address for delivery, and Value Added Tax where applicable at the rate applying at that time. We take all reasonable action to ensure that prices stated on the website are accurate. In the event of any accidental error in stating the price, we will be under no obligation to fulfil the order at that price. We will inform the Buyer of the mistake as soon as possible and you will have the option of confirming the order at the correct price or cancelling the order. In the event of such cancellation, we will refund any payment made by the Buyer promptly in full.
9. PAYMENT: You must pay the Contract Price in full in cleared funds before the Products are dispatched to you. We will be entitled to full payment even though the ownership of the Products has not yet passed to you.
10. METHOD OF PAYMENT: Payment may be made by any means of payment which is stated on our website as being acceptable. Where you provide information for payment by credit card or other electronic means of payment, we may take payment of the Contract Price when the Products are ready to be dispatched and will send written confirmation to you that the payment has been taken.
11. AVAILABILITY: All products advertised on website are subject to availability. If, for any reason, we are not able to supply the Products specified in the order because the Products are no longer available, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you. In those circumstances we will not be liable to make any other payment to you and in particular will not be liable for any loss or damage suffered by you as a result of the failure to supply the Products. Alternatively, we may offer and you may agree to accept alternative Products by way of a variation of the contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price and supplies of such a product are no longer available to us from the manufacturer or supplier at a reduced price. In such a case, you may have the option of purchasing similar or other Products at the normal price or receiving a refund.
12. CHANGES MADE BY MANUFACTURER: We will take all reasonable steps to ensure that the Products supplied to you match their description. However, we might be unable to supply Products of that description because of changes made by the manufacturer which are beyond our control. The following provisions will then apply:-
(A) If the manufacturer makes any minor change in the design or technical specification of the Products, which might be done, for example, to improve the construction or performance of the Products, we may supply the Products as changed even though they do not correspond exactly with the description specified in the order, provided that there is no significant difference in the appearance, performance or quality of the Products supplied, that they are equivalent for all purposes in using the Products, that they are of equivalent or superior value and that there is no increase in the Contract Price. In these circumstances, we will inform you of the minor change made by the manufacturer and you will be bound to accept the Products as changed, subject to your right to cancel the contract in accordance with these terms
(B) If the manufacturer makes any significant change in the design or technical specification of the Products which prevents us from supplying Products which correspond exactly with the description specified in the order, we may offer you similar Products as an alternative, provided that the alternative Products are of equivalent standard of performance and quality and that they are equivalent for all purposes in using the Products. In these circumstances, we will inform you as soon as reasonably practicable once we are aware of the change. If you are not willing to accept alternative Products, you will not be charged for the Products and we will refund any payment of the Contract Price already made by you. If you choose to receive alternative Products of a higher or lower price than the Products originally ordered, you will pay an appropriate further sum to us or we will refund an appropriate sum to you . You will still have the right to cancel the contract where that right is available to you under these terms.
13. DELIVERY DATE: We will take all reasonable steps to ensure that the Products are delivered to you as soon as they are available and in any event within 10 days after acceptance of the order. However, delays may occur in obtaining the Products from the manufacturer or supplier, or in producing prescription glasses or lenses, for reasons which are outside our control. If we become aware of any matter which indicates that delivery may be delayed beyond the period of 10 days after acceptance of the order, we will immediately inform you within that period. In any case where we expect that delivery can be achieved within 45 days after acceptance of the order, we may extend the latest date for delivery to 45 days on notifying you, without requiring your agreement at that stage. In any other case, we may invite you to agree to a period for delivery longer than 45 days. If a longer period is agreed, we will send notice of confirmation of the agreement to you. If you are not willing to accept a longer period, you may cancel the contract and in those circumstances you will not be charged for the Products and we will refund any payment of the Contract Price already made by you.
14. DELIVERY: All orders will be sent to you via NZ Couriers. We will notify you when the Products have been dispatched. We will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Products will normally be sent by the appropriate shipping service depending on the location of the place where they are dispatched and the place where they are to be delivered. Delivery will be taken to have occurred when the Products are delivered to the address stated by you in your order.
15. OWNERSHIP AND RISK: All risk as to loss of or damage to the Products will pass to you on delivery to the address stated in the order. Legal ownership of the Products will pass to you immediately before we despatch the product provided that we have received payment of the Contract Price in full in cleared funds and no other payments are outstanding from you in respect of any other Products supplied by us.