Terms & Conditions
Welcome to the PodiumEyewear.com website (the “Website”) operated by Concept Eyewear Limited. This site is provided to you subject to the following terms and conditions. Please read the terms and conditions carefully as, if you visit or shop at this website, you are deemed to have accepted them. If you do not agree to our terms, please leave the site and do not place any orders with us.
1. Copyright Statement
The contents of this Website (including all website design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software and all other material) are copyright of Concept Eyewear Limited or its content and technology providers except in so far as individually stated on particular material or items. You may view the site and download any part(s) of it to a personal computer for personal viewing for private purposes only but you are not permitted without the permission of Concept Eyewear Limited (a) to store it or any part of it other than for the purposes set out in this paragraph; (b) to print out copies except for your own viewing/records for private purposes; or (c) to reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are also not entitled to alter the content in any way.
Links to other sites are made at your own risk and Concept Eyewear Limited accepts no liability for any linked sites. When you access a non- Concept Eyewear Limited website, please understand that it is independent from Concept Eyewear Limited and Concept Eyewear Limited has no control over the content of that website. Further, a link to a non- Concept Eyewear Limited website does not mean that Concept Eyewear Limited endorses or accepts any responsibility for the content or the use of such website. Users must take their own precautions to ensure what is selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
4. Terms and Conditions of Purchase
Should you decide to purchase any products offered on our Website, you must first accept our terms and conditions of purchase. Please select the following link to view our terms and conditions of purchase.
Inclusion of any material in adverts or sponsor’s materials on this Website does not constitute any guarantee or endorsement as to the quality or value of any of the products advertised or any claims made for the product by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on this Website are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.
Information may be changed or updated on this Website without notice. Concept Eyewear Limited may also make improvements and/or changes in the products described in this information at any time without notice.
The information published on our Website is provided as a convenience to visitors and should be used for information purposes only and is subject to change without notice. Whilst we use all reasonable efforts to ensure that the information contained on the Website is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Neither podiumeyewear.com nor Concept Eyewear Limited can therefore be held liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Website. In addition, no warranty is given as to the freedom of Website (or any information downloaded from it) from errors, defects, viruses or other malicious programs or macros. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Website or any information or service provided through our Website (which are provided to you on an “as is” basis) and we accept no liability in this regard. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
8. Governing Law
These terms and conditions of use shall be governed by the laws ofEnglandand Wales are subject to the exclusive jurisdiction of England and Wales.
9. Site Policies, Modification and Severability
We reserve the right to make changes to our site, our policies and these terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
10. Our Address
Should you wish to contact us at any time you can do so by e-mail to email@example.com or by post to the following address:
Concept Eyewear Limited
290 Centennial Park
TERMS AND CONDITIONS FOR PURCHASE OF OPTICAL FRAMES/SUNGLASSES
1. Definitions and Interpretation
1.1 In these Conditions, the following words and expressions will have the following meanings:-
“Conditions” the terms and conditions contained herein together with any other conditions which we may from time to time stipulate; “Contract” the contract for the purchase of the Optical Frames/Sunglasses between you and us constituted by the submission of an Order by you and the sending of an acceptance by us in terms of Clause 2.A.3; “Optical Frames” Optical frames manufactured by or to our order, ordered by you or ordered by you through our Website and described in a confirmation of order sent to you by email if you provide an email address; “Sunglasses” Sunglasses ordered by you or ordered by you through our Website and described in a confirmation of order sent to you by email if you provide an email address; “Order(s)” orders for Optical Frames/Sunglasses on this Website; telephone orders; mail orders; “Price” the total price stated for the Optical Frames/Sunglasses in the relevant Order subject to Clause 3; “we, us, our” Concept Eyewear Limited incorporated in England with registered number 2837240 and having its registered office at Auerbach Hope 58-60 Berners Street, London W1P 4JS; “Website” the website on which these Conditions are located, namely podiumeyewear.com ; and “you, your” the individual with whom we contract for the sale or supply of Optical Frames/Sunglasses. Reference to Clauses shall mean the clauses of these conditions, and headings are for ease of reference only and shall not affect interpretation. Any reference to the singular shall include the plural and vice versa.
2.A Orders for Optical Frames and/or Sunglasses
2.A.1 – You are responsible at all times for guarding and ensuring the safety and security of any passwords, login names or other information which we may give you from time to time giving you access to our Website (the “Access Information”) and you shall not disclose the same to any other person, directly or indirectly. Should you become aware that such information has been so divulged, you shall notify us immediately. Further, you shall be liable for all Orders submitted using the Access Information until you have so notified us.
2.A.2 – Each Order submitted by you to us constitutes an offer by you to purchase the Optical Frames/Sunglasses specified in the Order and is subject to these Conditions. If we accept your Order, we will confirm acceptance to you by email to the email address you give us when you place your Order. Until a confirmation of the Order is issued by us, we will be under no obligation to you and no Contract will be deemed to have been formed. To avoid doubt, we shall be entitled to refuse any Order placed by you.
2.A.3 – These Conditions shall constitute (with the Order) the whole Contract between us and you to the exclusion of any other terms and conditions. Contracts may not be modified or varied unless specifically accepted by us in writing.
2.A.4 – We attempt to be as accurate as possible. However, statements, descriptions, photographs, diagrams or specifications concerning the Optical Frames/Sunglasses which are made by or given on our behalf are for the purpose of information and guidance only and we do not warrant that these will be accurate, complete, current or error-free. If Optical Frames/Sunglasses offered by us are not as described, your sole remedy is to return the Optical Frames/Sunglasses in an unused condition in accordance with the provisions detailed below. This does not affect your statutory rights.
2.A.5 – If the Optical Frames/Sunglasses you ordered are unavailable, any payment taken from your credit or debit card will be refunded and we will notify you by email at the address given by you when you placed your Order. The refund will be made as soon as possible and in any event within thirty days of your Order. We will not be obliged to offer any additional compensation for disappointments suffered.
2.A.6 – Subject to Clause 5, no Order which has been accepted by us can be cancelled by you except with our written consent.
Price and Payment
3.1 – You must pay by credit or debit card at the time of your Order. You undertake that all details you provide to us for the purpose of purchasing Optical Frames /Sunglasses will be correct. You also undertake that the credit or debit card which you use is your own (or if someone else’s, that you have his/her express permission to use it) and that there are sufficient funds or credit facilities to cover the cost of your Order.
3.2 – The Price of any Optical Frames /Sunglasses is the price in force at the date and time of your Order. We may change the price of any Optical Frames/Sunglasses before you place an Order. We try to ensure that our prices displayed on our Website are accurate at all times, but the price on your Order will require to be validated by us as part of the acceptance procedure (see Clause 2.A.2).
3.3 – The Prices will be inclusive of VAT (where applicable), but exclusive of delivery charges.
4.1 – We will deliver the Optical Frames /Sunglasses ordered by you to the address you give us for delivery at the time you make your order and by whatever means we reasonably consider appropriate. Property of the Optical Frames /Sunglasses will remain with us until payment is received in full. You will become the owner of the Optical Frames/Sunglasses only when the Price is received by us in full and when they have been delivered to you. Once Optical Frames/Sunglasses have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. We reserve the right to make an extra charge for re-delivery if you are not available to accept the Optical Frames/Sunglasses when delivered to you.
4.2 – We will use our reasonable endeavours to deliver the Optical Frames/Sunglasses by any estimated delivery date or within any estimated delivery period, but time for delivery will not be of the essence of the Contract and we will not be liable for any failure to deliver by such date or within such period.
5. Cancellation / Returns
5.1 – You are entitled to cancel your Order for Optical Frames/Sunglasses at any time up to the end of the seventh working day after you submit your Order, even if you have already received the Optical Frames/Sunglasses. No reason need be given and no penalty payment will apply. In order to withdraw your order you must notify us in writing at the email or postal address set out in the contact details below. If you have received your Optical Frames /Sunglasses before you withdraw your Order, you must send them back to us at your own cost and risk and in an unused condition. If you withdraw your Order but we have already processed the Optical Frames/Sunglasses for delivery, you must not unpack the Optical Frames/Sunglasses when they are received by you and you must send the Optical Frames/Sunglasses back to us at the contact address below at your own cost and risk as soon as possible. Once you have notified us in writing that you are withdrawing your Order, any payment taken by us from your credit or debit card will be re-credited to your account as soon as possible and in any event within thirty days of your Order, provided that the Optical Frames/Sunglasses in question are returned by you and received by us in the condition they were in when delivered to you.
5.2 – If the goods sent are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us of the problem in writing at the email or postal address below within 10 days of receipt (but please note that this does not affect your statutory rights).
5.3 – Should you notify us of a problem under Clause 5.2, we agree (at our option) to:-
5.3.1 – make good any shortage or non-delivery;
5.3.2 – replace or repair any Optical Frames/Sunglasses that are damaged or defective; or
5.3.3 – refund to you the Price paid by you for the Optical Frames/Sunglasses in question, and this shall be the limit of our obligations in such circumstances.
5.4 – We may defer or cancel any deliveries of Optical Frames/Sunglasses and/or treat the Contract as terminated if you:-
5.4.1 – fail to make any payment when it becomes due; or
5.4.2 – breach any of these Conditions.
5.5 – Except as expressly provided in these Conditions, cancellation by you will only be accepted at our sole discretion. Acceptance of any cancellation will only be binding on us if such acceptance is in writing.
6.1 – We promise that for any Optical Frames/Sunglasses you purchase from our Website:-
6.1.1 – we have the right to sell the Optical Frames/Sunglasses to you;
6.1.2 – the Optical Frames/Sunglasses will substantially correspond with the description we have given to you; and
6.1.3 – the Optical Frames/Sunglasses will be of satisfactory quality.
6.2 – We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including but not limited to the Optical Frames/Sunglasses), our Website or any information or service provided through our Website (which are provided to you on an “as is” basis).
6.3 – Without prejudice to the foregoing, we shall be under no liability in respect of:-
6.3.1 – any defect in the Optical Frames/Sunglasses arising from fair wear and tear, wilful damage, negligence, abnormal use, failure to follow our instructions (whether oral, in writing or in electronic form), misuse or alteration or repair of the Optical Frames/Sunglasses without our approval;
6.4 – Notwithstanding the generality of the foregoing, we expressly exclude liability for any indirect or consequential loss or damage (whether for loss of profits or otherwise).
6.5 – Subject to the other provisions hereof and except in so far as our liability may not be excluded or limited by law, you acknowledge and agree that our entire liability under this Contract shall be limited to the total Price actually received by us pursuant to the Contract which sum you acknowledge and agree is reasonable in all the circumstances.
6.6 – Nothing in this Clause 6 is, however, intended to limit any rights you may have as a consumer under applicable law that may not be excluded nor in any way exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Intellectual Property and Data Protection
7.1 – You shall not use or deal with the Optical Frames/Sunglasses or our Website, catalogues, brochures, leaflets, lists or other information so as to infringe, interfere with or weaken any of our rights under or in respect of any patents, processes, proprietary information, trade marks, registered designs, art work or copyright for or in connection with the Optical Frames/Sunglasses. We shall have no liability for the infringement of any rights of any third party arising from the use of the Optical Frames/Sunglasses in combination with other Optical Frames/Sunglasses, trade marks and processes not supplied by us.
7.2 – You agree that you shall be the end user of the Optical Frames/Sunglasses and that you are not entitled to distribute, sell, market or in any way deal in or with the Optical Frames/Sunglasses other than as permitted herein.
8. Improvements and Alterations
We have a policy of continuous improvement to our Optical Frames/Sunglasses and in pursuance of this policy we reserve the right to make changes to the specification of the Optical Frames/Sunglasses without notice.
9. Force Majeure
We shall not be liable for the delay or failure in performing our obligations under the contract to the extent that such failure or delay is caused by or contributed to by causes beyond our reasonable control. Should any such event occur, we shall attempt to notify you promptly and we may at our sole discretion suspend and/or cancel the Contract without incurring any liability whatsoever for any loss or damage thereby occasioned.
10.1 – These Conditions and any Contract is personal to you and you may not assign it without our prior written consent.
10.2 – These Conditions and any Contract shall be governed by and construed in accordance with the laws ofEngland andWales. You hereby agree, for our exclusive benefit, that the Courts of England andWales shall have sole jurisdiction to hear all claims for proceedings connected with the Optical Frames/Sunglasses and any Contract. We may nevertheless bring claims in any other courts of competent jurisdiction.
10.3 – Failure by us to enforce strict compliance of these conditions by you will not constitute a waiver of any of these conditions.
10.4 – If any provision of these Conditions are held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected.
11. Contact Details
Should you have any complaints or comments you contact us at any time by e-mail to podiumeyewear.com or by post to the following address:
Concept Eyewear Limited
290 Centennial Park
Standard deliveries are sent with Royal Mail (requiring signature on delivery) and should arrive within 1-2 working days of your order being processed (UK Mainland only). We will send you an email to let you know it has been dispatched but if you have not received your order within 10 working days, please get in touch.
We aim to deliver our products the day after payment has cleared. Should there be any delay we will contact you immediately.
It is essential to check all goods before signing for them. If you are unfortunate enough to receive a damaged consignment, please write to notify us within 24 hours of delivery.
Next working day deliveries are available in UK Mainland and will be charged at additional cost. Orders outside the UK Mainland will be sent by a courier (please note, delivery times will differ depending on the destination).
We are happy to offer a refund on any of our products if they are unwanted. We would ask that you notify us in writing (email being preferred) within seven days of receipt of the item. If you choose to notify us in writing please obtain proof of postage of notification ( Please see clause 5. Cancellation/Returns).
Administrative address for all correspondence and returns:
Concept Eyewear Limited
290 Centennial Park
When returning an unwanted item the customer is fully responsible for the full costs of returning the product back to Concept Eyewear Limited. The goods must be received back at the above address in the condition in which they were sent within 10 days from the date of notification. Unwanted items must be returned in the full original packaging in an unused condition. Should the product not be returned to us in a fully resalable condition then we reserve the right to refuse a refund.
Where an unwanted item is to be returned to us, you are obliged to take reasonable care to ensure that the goods are not damaged either in transit i.e. posting back to us or whilst in your possession. To minimise the risk of damage in transit we would strongly recommend using either a courier service or a traceable method of posting to return the items to us. Any items missing from our products will be deducted from your refund as will any additional postal costs incurred by Concept Eyewear Limited in recovery/receipt of goods.
Failure to comply with any of these points will affect your refund. Providing you have fully complied with all points on return of products to Concept Eyewear Limited we will refund your original purchase price of goods.