Website Terms and Conditions
This Agreement is between you, the person accessing and/or using the SPETEX website ("You") and spetex eye wear llp("spetex").
Who may use the Site?
The Site is for visitors who wish to find out more about SPETEX and for private consumers who wish to purchase SPETEX'S products using this Site.
Your Right to Use the Site
Intellectual Property Rights
Accuracy of content
SPETEX will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but SPETEX does not warrant that the content of the Site, including any pricing data on the web site, is or will be correct, up to date or error free.
SPETEX reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the web site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.
SPETEX does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the internet are freed from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
SPETEX does not assume any responsibility or risk for your use of the Internet.
Recommended Retail Price
The RRP is that the sale price recommended by the distributor of the branded eyewear. The suggested Retail price (RRP) isn't necessary, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion. Whereas our on-line prices are terribly competitive among the eyewear business, we cannot guarantee that this RRP is always higher or lower than the prices in a retail store. In addition, due to the fact the top branded eyewear worldwide is made in Italy, the RRP is also based on a Euro exchange rate within the Countries our websites are featured. Exchange rates are updated to our websites on a periodic basis and that we cannot guarantee its accuracy on a routine either.
We encourage customers to check prices via comparative price searching engines on-line and thru numerous alternative means that in order to seek out the most effective deal. RRP is not the same as 'street price' - Street Price can be broadly defined as the price at which the item actually sells in the free market. SPETEX.com is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and see of price rollbacks within the market.
Third Party Sites and Content
Linking to the Site
All links to the Site must be approved in writing by SPETEX prior to the creation of the link, except that SPETEX consents to links in which: (i) the link "points" the user on to the house page solely and to not pages accessible from the house page (ii) the link, once activated by a user, displays this page full-screen in a totally operable and passable browser window and not at intervals a "frame" on the joined web site and (iii) the looks, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by SPETEX nor damage or dilute the goodwill associated with the name and trade marks of SPETEX or its affiliates. SPETEX reserves the right to revoke this consent to link at any time at its sole discretion.
Information you submit to the Site
Limitation of Liability
Other that warranties and conditions implicit by relevant legislation, the exclusion of which from an agreement would contravene a statute or cause part or all of this clause to be void ("Non-excludable Conditions"), the parties agree to exclude all implied terms, conditions and warranties in relation to the Site (which may include warranties of satisfactory quality, fitness for a particular purpose, merchantability or title).
Except with respect to any Non-excludable Conditions and to the furthest extent permitted by the applicable law, SPETEX , its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors won't be responsible for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your data handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or harm of any kind, whether or not in action of contract, negligence or other wrongdoing action, or otherwise.
With respect to breach of any Non-excludable Conditions by SPETEX (excluding Non-excludable in respect of which liability may not be limited), SPETEX limits its liability to, to the furthest extent permitted by the applicable law at its choice, where the breach relates to goods,repairing or replacing the goods, or where the breach relates to services, supplying the services again.
Nothing during this clause entitled “Limitation of Liability” purports to exclude any liability in relevance personal injury or death.
Changes to the Site
Governing Law and Jurisdiction
Terms and Conditions of Supply
If you've got problem reading this page, you need to contact us before You place Your order. By placing an order with SPETEX, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.
SPETEX TERMS AND CONDITIONS OF SUPPLY
1. This Agreement is between You, the person placing an order for goods using the SPETEX website (“You”) and SPETEX EYE WEAR LLP.
1.1 In these Terms:
"Goods" means that those product created accessible by SPETEX that you just would like to buy, as indicated in Your Order.
"Order" means that orders placed in accordance with the provisions of Section 3.1.
"Site" means that the web site owned and operated by SPETEX with URL address https://www.spetex.com
2. Customer Obligations
2.1 By submitting Your Order You warrant, represent and undertake:
2.1.1 that you just are aged 18 or over and don't seem to be ordering on behalf of another person
2.1.2 to provide any details reasonably requested by SPETEX to confirm that You are eligible to purchase the Goods
2.1.3 that you just are acting in Your capacity as a personal shopper and also the product or any a part of the products shall not be used for resale or for anything other than Your own personal use.
3. Orders for Goods
3.1 Orders must be placed:
3.1 via the ordering system on the web site or
3.2 Your submission of the Order, whether submitted via the Site or other represents an offer to purchase the Goods from SPETEX. SPETEX may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that SPETEX will supply any Goods to You.
3.3 you'll change Your Order within twenty four hours of submission to the web site. Any change requested to an Order after this timemay be rejected by SPETEX at its absolute discretion.
4. Limitations of Supply
4.1 SPETEX shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, SPETEX will contact You to give You a choice to receive a replacement or a refund. If SPETEX receives no response from You, SPETEX may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.Refund will be initiated within 2 days. It will take between 5 and 25 days for the refund amount to reflect in your bank account. In case of Netbanking transactions, certain government banks may take some more days.
4.2 SPETEX tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst SPETEX tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the products that arise by virtue of changes created by the manufacturers of the components provided that kind a part of the products, and accept that such minor variations will not offer you a right to refuse delivered merchandise.
4.3 SPETEX shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.
5.Prices and Payment
5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site or the current mail order catalogue at the time Your Order is placed in accordance with these Terms.
5.2 Unless otherwise stated on the Site, all prices for Goods are in Rupees.
5.3 While SPETEX uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, SPETEX will contact You and give You the choice to place an Order for the products at the right value or to cancel the Order and receive a refund of any cash paid by You.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.
6. Delivery and Carriage
6.1 Delivery of the products shall be deemed to take place at the time the products first hit the delivery address declared on Your Order.
7. Goods that are Defective on Delivery
The rights granted to You under this clause are additionally to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods
7.1 Upon delivery of the products you want to examine them rigorously. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact SPETEX by email and inform us of the problem within 3 days of delivery of the Goods. If SPETEX (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed "Defective on Delivery".
7.2 You must notify SPETEX immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise SPETEX within 14 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".
7.3 If the Goods are Defective on Delivery, SPETEX will either repair or replace such Goods or refund the price paid for the Goods to You.
7.4 If the Goods are Defective on Delivery, You agree to return the Goods to SPETEX in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
7.5 Subject to Clause 7.6, SPETEX shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the affordable prices of returning the defective product.
7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing and delivery) until the returned Goods are received by SPETEX .
8. Manufacturing defects in Goods
The rights granted to You below this clause are additionally to, and don't replace, any rights you'll have as a client below relevant laws, as well as any client protection legislation applicable to Your purchase of the Goods.
8.4 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify SPETEX immediately.
8.4.1. If You return the defective Goods stating the manufacturing defect to SPETEX , SPETEX shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods.
8.4.2. SPETEX shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by misuse or mistreatment of the Goods.
8.4.3. SPETEX shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse You the affordable price of returning the defective product.
9. Transfer of Risk and Title in Goods
9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order provided that SPETEX has received payment in full for the Goods.
9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order.
9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by SPETEX .
10.1 Nothing during this Agreement shall exclude or limit either party's liability for death or personal injury ensuing from that party's negligence or for fraud or for the other liability that cannot by law be excluded or restricted, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods..
10.2 Subject to Clauses 10.1, the total liability of SPETEX to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by SPETEX for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, SPETEX shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
10.4 Subject to Clause 10.1, SPETEX shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether or not arising below contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if SPETEX has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 SPETEX shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of those Terms.
10.6 Subject to Clause 10.1, SPETEX accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
10.7 Before beginning to use your eyewear purchase you must try them on. If you can not see clearly or if you experience any discomfort or problem in respect to any eyewear product (particularly prescription eyewear and contact lenses) purchased, you should stop using the eyewear in question right away and you must ask for recommendation from an trained worker immediately. Unless specified otherwise, the sale and supply of products to you by SPETEX does not and cannot constitute the provision of any advice whether of a professional or medical nature or otherwise.
11. Force Majeure
SPETEX shall not be liable for failure to comply with these Terms owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
Any notice or other communication to be given under these Terms must be in writing, in the case of notices to SPETEX ,in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, 2 working days when posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.
13. General Provisions
13.1 In the interpretation of these Terms:
13.1.1 the headings are for convenience only and shall not have an effect on the interpretation of this Agreement and
13.1.2 "including" means that together with while not limitation and includes shall be construed consequently.
13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
13.3 These Terms incorporate by reference the following additional terms: a) SPETEX "100% Guarantee", as published on the Site, b) if the Goods include any item manufactured in accordance with a prescription from registered health care provider or optometrist, the "Additional Terms and Conditions for Prescription Eyewear".
13.4 These Terms and any relevant Order accepted by SPETEX constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in SPETEX's catalogue and sales literature) and, subject always to the statutory rights afforded to You as a client, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by SPETEX . None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of SPETEX and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of SPETEX with You in writing.
13.5 Failure by either party to claim its rights in regard to any breach of those Terms or any relevant Order on any occasion shall not be deemed a release of such rights.
13.6 If any provision of those Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to attain as nearly as attainable the objectives of those Terms.
14.1.1 Promotion codes are valid on the overall price of the order before shipping prices and/or applicable taxes are applied.
14.1.2 SPETEX reserves the right to cancel, edit, shorten or extend promotions at any time.
14.1.3 only one promotion per order is also applied unless noted specifically within the promotion details.
Additional Terms and Conditions for Prescription Eyewear
1.1 These further Terms and Conditions ("Additional Terms") are incorporated by reference into the Terms and Conditions of offer in respect of any Order for the availability of products wherever the Goods embrace any item manufactured in accordance with a prescription from a professional, registered health professional or optometrist ("Prescription Order").
1.2 By placing a Prescription Order, You conform to be sure by these extra Terms. If you are doing not perceive or settle for these extra Terms, you need to not place a Prescription Order.
1.3 Any term used however not outlined within these extra Terms has the meaning given to that term in the Terms and Conditions of offer.
Your assurances with respect to any Prescription Order
2.1 By placing a Prescription Order, You warrant, represent and undertake:
2.1.1 that you just aren't registered blind or registered partly argus-eyed
2.1.2 that you just are in possession of a written prescription in respect of the products that square measure the topic of the Prescription Order, which such prescription has been given to You by a registered health professional or registered optometrist ("Your Optician") following the testing of sight by him or her among the last 24 months if you're below 70 years old, or among the last twelve months if you're aged seventy or over, which any suggested retest date has not move on
2.1.3 if sending SPETEX Your existing spectacles to be copied, that the spectacles sent to SPETEX are made to Your written prescription referred to in Clause 2.1.2
2.1.4 to provide, full, correct and complete details of Your current prescription (including any notes on the prescription) or a replica of Your original prescription once requested, and any contact details as given to You by Your Optician
2.1.5 that you just understand of no reason why the products (including the products that are the topic of the Prescription Order) might not be appropriate for Your necessities
2.1.6 if You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide SPETEX with accurate and complete details of such problems.
2.2 You undertake to indemnify SPETEX in respect of all costs, expenses (including reasonable legal fees and costs), losses, damages and liabilities incurred or suffered directly or indirectly by SPETEX by reason of any breach or alleged breach of any illustration, warranty or undertaking or any provision of this Agreement, except where such costs, expenses etc. arise solely out of the fault of SPETEX .
SPETEX right to make enquiries with respect to any Prescription Order
3.1 You agree that, with respect to any Prescription Order, SPETEX's supervising opticians shall have absolute discretion:
3.1.1 to contact You to debate Your Prescription Order, provide advice and/or arrange a free face-to-face consultation with You or
3.1.2 to contact the registered health professional or registered optometrist WHO provided Your prescription to verify and/or discuss Your prescription.
3.2 If considered necessary or appropriate by one of SPETEX’s supervising opticians, SPETEX may as a condition of acceptance of Your Order:
3.2.1 request that You send SPETEX the original written prescription (or a copy thereof)
3.2.2 request that you just contact the registered health professional or registered optometrist WHO provided Your prescription to verify and/or discuss Your prescription
3.2.3 request that you just get Your aperture distance measure from Your trained worker and/or
3.2.4 request that you just get a brand new written prescription (if, by way of example only, the prescription provided with Your Order contains a retest date that has elapsed).
4. SPETEX will use an appropriate, average pupillary distance set by its supervising opticians, unless:
4. 1 You send Your pupillary distance measurement to us and/or
4.2 one of SPETEX supervising opticians considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance measurement.
Confirmation of prescription
The Goods may contain written confirmation of the prescription of the Goods. If the prescription declared doesn't match the prescription You started in Your Prescription Order, do not use the Goods or any items accompanying the Goods and please contact us by phone or email and inform us of the problem.