TERMS OF WEBSITE USE

Terms & Conditions

This page (together with the documents referred to on it) tells you the terms by which you may make use of this website (the “Site”), whether as a guest or a registered user.  Please read these terms of use carefully before you start to use the Site.  By using the Site, you indicate that you accept these terms of use and that you agree to abide by them.

If you do not agree to these terms of use, please refrain from using the Site.

1. Information about us

This Site is operated by Cubitts KX Limited, trading as Cubitts, ("We").  We are registered in England and Wales under company number 08254044. Our VAT number is 201 8539 30.

We are a limited company.

2. Accessing the Site

2.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

2.2. In using the services made available to you through the Site, including but not limited to the ordering of prescription spectacles, you hereby confirm that:

2.2.1. You are aged 16 or over and are not registered blind or partially sighted; and

2.2.2. You have had your eyes tested by a suitably qualified optician within the last 2 years (12 months if you are aged 70 or over) and are in possession of the associated written prescription from which you have submitted details accurately onto the Site as and where required.

2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4. When using the Site, you must comply with the provisions of our acceptable use policy.

2.5. You are responsible for making all arrangements necessary for you to have access to the Site.  You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them. 

3. Our Products

3.1. The images of any products, including the frames, on the Site are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the frames and as a result, your frames may vary slightly from those images.

3.2. All products shown on the Site are subject to availability.

4. Intellectual property rights

4.1. For the purposes of these terms of use, ”Intellectual Property Rights” means copyright and related rights, trade marks and service marks, trade names and domain names, rights in designs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply for, and be granted) renewals or extensions of, and rights to claim priority from, these rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; “Materials” means all materials, including text, posts, replies, comments, video, audio, photographs, images, illustrations, animations, logos, information, data and graphics.

4.2. With the exception of the Intellectual Property Rights in the Materials owned by a third party, we are the owner or the licensee of all Intellectual Property Rights in the Site, such rights being protected by copyright laws and treaties around the world.  All such rights are reserved.

4.3. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site. 

4.4. 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.

4.5. Our status (and that of any identified contributors) as the authors of Material on the Site must always be acknowledged.

4.6. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.7. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Ordering from the Site

5.1. Only individuals who are at least 18 years old are allowed to make orders on the Site. Those under 18 years old are allowed to use our Services, but only under a direct supervision of a legal guardian.</>

5.2. Orders are placed through the Site, by selecting a frame in accordance with the Site instructions, entering your prescription details in the form provided and placing an order, which will be processed through out third party payment facilitator.

5.3. Orders shall be confirmed by us through the Site prior to you placing the final order and subject to further required information, which we may request as and when necessary to your particular order, such as:

5.3.1. a copy of your written prescription;

5.3.2. details of the optician who provided your prescription to verify and/or discuss your prescription;

5.3.3. your pupillary distance measurement from your optician; or

5.3.4. request that you obtain a new written prescription from your optician.

5.4. We may reject orders at our absolute discretion, but normally for good reason.

5.5. Once the above procedures have been successfully complied with, we shall process your payment and confirm your order.

6. Placing orders and pricing

6.1. All prices are quoted inclusive of VAT.

6.2. Prices and availability of products as detailed on the Site are subject to change from time to time and while we shall endeavour to ensure that such information is accurate, we may notify you of any changes prior to confirming your order.  Should we notify you of any changes to the order you have placed, you shall have the right to either amend your order accordingly or cancel your order.  Furthermore, if we are unable to supply the chosen products, or the price shown on the Site is not correct, we shall have the absolute right to cancel your order.

7. Delivery and Returns

7.1. Although we shall make every reasonable effort to deliver your products on time, time shall not be of the essence.

7.2. Should for any reason the products you have ordered become lost or damaged in transit, we shall, at our sole discretion, either replace the goods or reimburse you for all amounts received.

7.3. Although we do permit orders outside of the UK, our Cubitts home trial service is not available for orders and deliveries from outside of the UK.  Furthermore, deliveries outside of the UK are subject to an additional shipping charge, which will be confirmed at the time of ordering. Prescription orders cannot currently be fulfilled for overseas orders.

7.4. Where products are provided for Cubitts home trial purposes, although such service is free of charge, we shall require you to enter valid credit/debit card details.  Your credit/debit card details shall not be processed unless frames supplied to you are not returned within a period of 10 days, or the frames are returned damaged and where such damage was not notified to us upon receipt of the frames by you; we therefore suggest you carefully check all frames as soon as they are received by you. Where Cubitts Home Trial frames are not returned, we shall deem it that you have placed an order for the frames and we shall use your payment details to take payment at the prevailing price of the frames, currently £125 per frame. Proof of postage must be provided in the event  items go missing. By ordering your Cubitts Home Trial and in accepting these terms and conditions you are giving express permission for us to take this payment.

7.5. Any products to be returned from outside of the UK shall be at your own cost.

7.6. Refunds on orders from outside of the UK will not include the outbound shipping cost. 

7.7. For non-standard orders a 30-day full refund will only be issued if there is a fault with the product. If a refund is desired for any other reason it will be issued, minus the cost of the lenses. 

8. Reliance on information posted

8.1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

9. Warranty

9.1. We warrant that on delivery the products shall:

9.1.1. conform in all material respects with their description on the Site;

9.1.2. be free from material defects in design, material and workmanship; and

9.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

9.1.4. be fit for purpose.

9.2. While we take all reasonable care in the sourcing and packaging of the products, which should reach you materially as described on the Site, there may be minor variations due to factors beyond our reasonable control.

9.3. Subject to clause 9.4, if:

9.3.1. you give notice in writing to us within a reasonable time of discovery that the products do not comply with the warranty set out in clause 9.1; and

9.3.2. you (if asked by us to do so) return such products to us at your cost until such time as we agree that the products do not comply with the warranty as set out in clause 9.1,

we shall, at our option, replace the defective products, or refund the price of the defective products in full.

9.4. Notwithstanding clause 9.3, we offer a no quibble 30 day guarantee on all our products, starting from the date you first receive the products, following which we shall not be liable for products that fail to comply with the warranty set out in clause 9.1 in any of the following events:

9.4.1. the details of any prescriptions were incorrect, or entered incorrectly at the time of your order;

9.4.2. you use and damage the products after giving notice in accordance with clause 9.3;

9.4.3. the defect arises because of your failure to follow any applicable instructions as to the storage or use of the products; or

9.4.4. the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

9.5. Except as otherwise provided in this clause 9, we shall have no liability to you in respect of the products’ failure to comply with the warranty set out in clause 9.1.

9.6. These terms shall apply to any replacement products supplied by us.

9.7. The above warranties are in addition to your legal rights in relation to products that are faulty or not as described.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

10. Our liability

10.1. We do not in any way exclude or limit our liability for:

10.1.1. death or personal injury caused by our negligence;

10.1.2. fraud or fraudulent misrepresentation; nor

10.1.3. any other liability which cannot be excluded or limited under applicable law.

10.2. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

10.2.1. loss of income or revenue;

10.2.2. loss of business;

10.2.3. loss of profits or contracts;

10.2.4. loss of anticipated savings;

10.2.5. loss of data;

10.2.6. loss of goodwill;

10.2.7. wasted management or office time; and

10.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

10.3. Subject to the above, the use of this Site and our products are provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11. Information about you and your visits to the Site

11.1. We process information about you in accordance with our privacy policy.  By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

12. Uploading material to the Site

12.1. Information you have uploaded to the Site, including prescription data and a photo (as may be necessary for a virtual try-on of a frame, shall be kept in accordance with our privacy policy and only stored for as long as reasonably necessary.

12.2. 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 the Site.

13. Our site changes regularly

13.1. We aim to update the Site regularly, and may change the content at any time.  If the need arises, we may suspend access to the Site, or close it indefinitely.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

14. Viruses, hacking and other offences

14.1. You must not misuse the 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 the Site, the server on which the Site is stored or any server, computer or database connected to the Site.  You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

14.2. 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 the Site will cease immediately.

14.3. 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 the Site or to your downloading of any material posted on it, or on any website linked to it.

15. Linking to the Site

15.1. 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.

15.2. Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. 

15.3. 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 our acceptable use policy.

15.4. If you wish to make any use of material on the Site other than that set out above, please address your request to info@cubitts.co.uk.

16. Links from the Site

16.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  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. 

17. Trade marks

17.1. “Cubitts” is a UK registered trade marks of Cubitts.

18. Jurisdiction and applicable law

18.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. 

18.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19. Variations

19.1. We may revise these terms of use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.  Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

20. Your concerns

20.1. If you have any concerns about material which appears on the Site, please contact info@cubitts.co.uk.

21. Cubitts X Sunspel Competition

This promotion is only open to individuals aged 18 or over, excluding employees and their immediate families of Sunspel, its agents or anyone professionally connected with the promotion.

21.2 Closing date for receipt of entries will be on 10th August 2017.

21.2 Only one entry per person, automatically generated or third party entries are void.

21.3 The winner will be selected at random from all the entries soon after the closing date at midnight 10th August 2017 and will be awarded the prizes as stated on the website. All reasonable endeavours will be made to contact the winner during the specified time. If a winner cannot be contacted or is not available, Sunspel reserves the right to re-draw another winner from the valid entries that were received before the closing date.

21.4 No cash alternative will be offered. The promoter reserves the right to substitute the prize with ones of equivalent or greater value.

21.5 No responsibility will be accepted for lost, damaged, delayed or incorrectly completed entries or for computer hardware, software or network failures of any kind that restrict or delay entry.

21.6 Entrants agree to be bound by all the entry instructions of which these terms and conditions form a part.

21.7 Winners will select their prizes via the Sunspel & Cubitts Marketing team who will place the order for home delivery.

21.8 This prize draw can only be entered by completing the competition via this website.

21.9 If for any reason the prize becomes unavailable, Sunspel reserves the right to supply an alternative.

21.10 Winners agree to participate in any publicity arranged by Sunspel Limited, or by Cubitts Ltd.

Dated 30 September 2016