Standard Terms and Conditions of Sale

Definitions

This website is operated by Opticaid UK Ltd. Throughout the site, the terms “Seller”, “we” and “our” refer to Opticaid UK ltd. Opticaid UK offers this website, including all information, tools and services available from this site to you, the Buyer, conditioned upon your acceptance of all terms, conditions and policies stated here.

By visiting our site and/or purchasing from us, you engage in our “service” and agree to be bound by the following terms and conditions, including those additional terms referenced herein and/or available by hyperlink.

Any new features or tools which are added to the current store shall also be subject to these Terms & Conditions. Unless otherwise agreed in writing by Opticaid Uk Ltd, these conditions of sale supersede any earlier conditions of the seller.

Buyer means any individual or organisation that buys or agrees to buy the Goods from us, Opticaid UK, the Seller.

Trade Buyer means any organisation or company who is buying the goods from our specially designated online “Trade” section (prior approval required) for resale of our goods to the final consumer. Such prices are trade prices and are exclusive of VAT. This excludes individual buyers. These Terms and Conditions of Sale detail some specific terms for Trade Buyers only.

Seller means Opticaid UK Ltd of Sizers Court, Henshaw Lane, Yeadon, Leeds LS19 7DP, and includes all employees and agents of Opticaid UK ltd.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Buyer agrees to buy from the Seller or the Sellers Agent.

Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. “In writing” includes agreement made via electronic mail.

Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

Except as described in our returns policy, the Buyer may not cancel any order which has been accepted by us.

No contract for the sale of the goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted the Buyer’s order by whichever is the earlier of:

• The seller’s written acceptance (including via electronic mail)
• Delivery of the goods, or
• The seller’s invoice.

All goods are sold subject to availability. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel their order.

The specification for the goods shall be those set out on our website and in the Seller’s sales documentation unless varied expressly in the buyer’s order (if accepted by the Seller). Illustrations, photographs or descriptions of goods whether on our website or in our documents are intended as a guide only and shall not be binding on the Seller. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there might be some variations to the description and/or specification of the goods which arise by virtue of changes made by the manufacturers of the parts supplied, which form part of the goods.

The Seller reserves the right to make any changes in the specification of the goods which are required to conform with any statutory or regulatory requirements.

Refund and Cancellation Policy

Please refer to our Returns Policy.

Trade Display Stands

The Seller may loan the Trade/Organisation Buyer display stands in order to merchandise the goods. These must only be used to display the Seller’s goods. The display stands are on loan, free of charge but on request are returnable to the Seller at the Buyer’s expense. Display stands must be returned within 30 days of a written request.

Price

The price of the Goods shall be the price stated on www.opticaid.net. The price on our individual Buyer website includes any VAT payable. The price on our designated Trade Buyer website is exclusive of VAT and VAT will be charged as extra, wherever the delivery address dictates.

The Trade Buyer prices will be the price quoted on www.opticaid.net/trade or at some other price as quoted in writing by the Seller once the order has been accepted.

Delivery charges will be detailed separately.

The Seller reserves the right by giving notice to the Trade Buyer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to the Seller (such as foreign exchange fluctuation, alteration of duties, significant increase in the costs of materials, manufacture or labour).

Payment

Unless we agree otherwise in writing, the Buyer must pay to us the price for the goods when placing your order. Some Trade Buyers may have prior approved special terms agreed in writing between the Trade Buyer and the Seller. In this case the Seller shall invoice the Buyer for the price of the goods on or at any time after delivery of the goods.

The Trade Buyer shall pay the Seller within 30 days of the date of the Seller’s invoice.

All payments shall be made to the Seller as indicated on the invoice issued by the Seller. If at any time the Seller is not satisfied as to the creditworthiness of the Trade Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer, in which event no further goods will be delivered to the Buyer, other than against cash payment.

Delivery

Delivery of the goods shall be made by the Seller delivering the Goods to the agreed destination specified in the Buyer’s order.

Goods will normally be delivered within 5 working days of acceptance of order, unless a different delivery date is agreed between the Seller and Buyer.

Where specific delivery dates have been agreed with Trade Buyers, and where this delivery date cannot be met, the Trade Buyer will be notified and given the opportunity to agree a new delivery date.

The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Trade Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Trade Buyer Inspection of goods upon receipt

The Buyer is under a duty whenever possible to inspect the goods on delivery or on collection as the case may be. The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a complaint is not delivered to the Seller within 7 days of delivery detailing the damage or shortage. The Seller must be given an opportunity to inspect the goods supplied before any use is made thereof or any alteration or modification is made.

Subject to the above inspection the Seller shall make good any shortage in the goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability arising from such shortage or damage.

Trade Buyer Defective Goods

If on delivery any of the goods are defective in any material respect, the Trade Buyer must give the Seller written notice of such a defect within 5 working days.

The Seller shall replace the defective goods within 2 days of receiving the Trade Buyer’s Notice (subject to stock availability) or refund to the Buyer the price for the goods which are defective plus any return postage costs. The Seller shall have no further liability to the Buyer.

No goods sold to Trade Buyers may be returned to the Seller without prior agreement with the Seller.

Trade Cancellation of accepted order

In the event of cancellation, the Trade Buyer shall be responsible for the return of the Goods from the Trade Buyer and the Buyer shall inform the Seller within 21 days of cancellation of the date when the Seller will receive the Goods.

The Trade Buyer will be under a duty to take care of the Goods until they have been recovered. The Trade Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) within 30 days of cancellation.

Goods to be returned must clearly show the order number obtained from the Seller on the package.

Where returned Goods are found to be damaged due to the Trade Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

All Monies Retention of Title

Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.

Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Communication

Buyers using our website do so at their own discretion and provide any personal details requested at their own risk. This website is GDPR compliant, and we take a proactive approach to user privacy. Please refer to our separate Privacy Policy. Trade Buyers in accepting these Terms and Conditions of Sale agree to subscribe to our email Trade newsletter program. Your information will not be sold to third parties for marketing purposes, and you are free to unsubscribe from our Trade newsletter at any time either in writing, email to admin@opticaid.net or selecting unsubscribe on our newsletters.

Changes to terms and conditions

The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.