Website terms and conditions

Website terms and conditions

In these terms and conditions, "we" "us" and "our" refers to QUAY EYEWARE LTD, 237 3645 96, with registered address Aldgate Tower, 2 Leman Street, London E1 8FA with telephone number +33 187169199 and email address customercare@quayaustralia.co.uk.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions and our privacy policy which can be accessed here.

We reserve the right to amend these terms at any time. Any amendment to these terms shall not apply to product orders for which we have already received payment.  If our amendments relate to our terms of purchase we will send an email to the account that you used to register on our website to notify you of the changes. If we make any material changes to the terms regarding your use of our website, we will place a pop-up on the website when you next access the website. Your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.

When placing an order, you will receive a confirmation email containing a link to these terms.  It is recommended that you download and store a copy.

  1. PRODUCT DESCRIPTIONS
    • We strive to ensure that our products are described as accurately as possible on our website, however sometimes there can be mistakes and we cannot promise the information is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

    • Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product, many of our lenses are mirror which cannot be replicated 100% on a website.

 

  1. PRODUCT ORDERS
    • We endeavour to ensure that our product list is current however we cannot guarantee the availability of any product advertised on our website. If a product is out of stock, it is usually displayed on our website as out of stock. In the unlikely event that you place an order for a product advertised for sale but is unfortunately out of stock, we will send you an email to the email address you register with us when placing your order to notify you that the product is out of stock. In such an event, you may cancel your order and receive a full refund or if possible, we will notify you of the estimated date when the product will come back into stock.

    • All of the prices advertised on our website exclude packaging and postage. To find out more information about delivery times and shipping costs please see our shipping and delivery page. Packaging, taxes, postage any other costs will be calculated at time of purchase prior to you making payment.

    • When you place an order from us, you will receive a confirmation email containing details of the items ordered, the full purchase costs, delivery times and a link to these terms.
    • When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We will use the personal information you provide to us:
      • to process your payment for the products;
      • to contact you about your order; and
      • if you opt-in during the order process, to give you information about similar products that are available on our website, but you may stop receiving this at any time by contacting us.
    • We will only give your personal information to third parties where the law either requires or allows us to do so. If you fail to provide us with information or provide us with incorrect information we will not be liable for late or partial orders and we reserve the right to cancel your order.
    • In providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
    • If you wish to make changes to your order, please contact us immediately. We will let you know whether changes are possible, which will depend on the stage of your order. If it is possible, we will inform you of any changes to price, delivery times or any other factors as a result of the change. If we cannot make the change, you have the right to return the product, in accordance with clause 2.

    • Delivery of your ordered product/s will be as set out on our website on the shipping page. The date of the product delivery, which, in any case, shall take place no later than 30 (thirty) days from the delivery of the order confirmation email, will be provided in the order confirmation email.
    • You will own any items you purchase from the website once we have received payment. Our terms of payment are set out on the order page. A contract will come into existence between us when we email you to confirm your order.
    • All risk of loss or damage to any items you purchase passes to you when we deliver the goods to you.
  2. ORDER CANCELLATION DUE TO ERROR

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your payment card has been charged, we will immediately refund your payment card for the total amount debited.

  1. PRODUCT RETURNS
    • If you receive a product, which you think, is faulty, please contact at us at customercare@quayaustralia.co.uk with your order number, a brief description of the fault and supporting photos. If our customer services department determines there is a fault any product you have purchased we will, at your option, replace it with a new undamaged version or refund you pursuant to clause 9, or if replacement is not possible we will refund you the amount you paid for the product plus the designated shipping charges. You will be required to return to us any faulty or damaged products, the details of which can be found through our designated "contact us" webpage where we set out our requirements relating to return of such goods.
    • Even if the product you have purchased is not faulty, you have 15 days from the date that you received a product to change your mind. If you decide you no longer want a product and they haven't been worn please [complete the returns form and place your item in the original packaging and return it to:

Quay Australia

C/O Delamode PLC

700 Avenue West, Skyline120

Great Notley,

Braintree Essex,

CM77 7AA

  • within 15 (fifteen) days from the date in which you notified us you wanted to return the product.
  • If you are returning a product because you have simply changed your mind it is your responsibility to pay for the return postage costs. We would recommend that you ensure you get proof of postage as we are unable to issue a refund for any products that we do not receive at our warehouse.
  • For further information on how to return or exchange any of our products please see our returns and exchanges page, where you may find, in detail, all costs which you will bear for the returning of the product.
  • You shall return the product/s intact, with all parts and in original packaging (including bags, packaging, accessories and handbooks), preserved and unused, without any signs of wear or tear and together with the invoice and tax documents. Without prejudice of our right to check all the above mentioned requirements, we will reimburse any amount you paid within 15 (fifteen) days from the day on which we have become aware of your decision to return the product. However, pursuant to we may withhold the reimbursement until we receive the product/s back or you supply evidence of having sent back the product/s, whichever is the earliest.

  1. SITE ACCESS
    • When you visit our website, we give you a limited licence to access and use our information for personal use.

    • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

    • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
  2. HYPERLINKS
    • This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
    • Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
  3. COOKIES

For all information about cookies see our cookies policy which can be accessed here.

  1. INTELLECTUAL PROPERTY RIGHTS
    • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

    • All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  2. DISCLAIMERS
    • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose over the content on our website.
    • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
    • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  3. STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
    • Conformity warranty:
      • For any orders that you place via our website we promise that if they are defective (i.e. they are not of satisfactory quality, fit for purpose or as described) then at your option:

        • We will repair or replace the goods or any part of them that is defective; or
        • Wholly or partly recompense you if they are defective.
      • Any claim relating to a lack of conformity of the good must be brought by you within two years from the delivery of the good.
      • In order to benefit from this conformity warranty, you must provide a proof of purchase.
      • We may nevertheless elect not to proceed in accordance with your choice if that choice gives rise to a manifestly disproportionate cost compared with the other option, given the value of the good or the seriousness of the defect.
      • If neither repair nor replacement of the product is possible, you may return the good and obtain reimbursement of the price or keep the good and obtain reimbursement of a portion of the price. The same option would also apply (i) if the solution requested, proposed or agreed pursuant to articles 1.1(a) or 9.1.1(b) above cannot be implemented within one month of your claim, or (ii) if that solution cannot be implemented without major inconvenience for you given the nature of the good and his/her intended use. The sale will not be cancelled, however, if the lack of conformity is minor.
    • Hidden defect warranty
      • You are entitled to implement the warranty for hidden defect within two years from the discovery of the defect.
      • In order to benefit from this hidden defect warranty, you must provide (i) a proof of purchase, (ii) evidence that the defect of the good was hidden and existing at the time of the purchase of the good, and (iii) that such defect renders the good unfit for its intended use or that it so impairs the use of the good that you would not have bought it, or would only have given a lesser price for it, had you known such defects.
      • You have the choice between returning us the good at our cost and being reimbursed the price, or keeping the good and being reimbursed a portion of the price.
  1. LIMITATION OF LIABILITY
    • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a result of our breaking this contract or our failing to use professional care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987 (or equivalent legislation),
    • We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
  2. FORCE MAJEURE

If a Force Majeure event causing delay continues for more than 45 days, we may terminate this Agreement by giving at least 7 days' notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.

  1. GOVERNING LAW AND JURISDICTION
    • These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    • Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Protection Agency (CPA) via their website at http://www.thecpa.co.uk. CPA will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
    • Where these terms have been translated, they have been translated from the original English language version. To the extent that as a result of the translation any terms conflict with the English language version, the English language version shall prevail.

 

 

RECENTLY VIEWED