ONE VISION DIRECT LTD - TERMS AND CONDITIONS OF SALE

Effective From 01May09

1. GENERAL

1.1. These Terms and Conditions of Sale govern the supply of goods sold by One Vision Direct Ltd (referred to as "we" and "us") of 19 High St, Dingwall, Highland, IV15 9RU, United Kingdom, through our website www.metsuki.com.

1.2. One Vision Direct Ltd is a company registered in Scotland, company number SC161125. This contract is subject to and governed by Scottish Law.

1.3. These terms and conditions, along with your order form, constitute the complete agreement between you and us.

1.4. Our acceptance of your order, by delivery of the goods to you, forms a legally binding contract between you and us on these terms and conditions.

1.5. We reserve the right to change these terms and conditions of sale without giving prior notice.

1.6. These terms and conditions do not affect your statutory rights as a consumer or other rights granted to you by law.

2. CONDITIONS OF SALE

2.1. By placing an order with us you confirm that you or the end user:

2.1.1. are over 18 years of age,

2.1.2. are not registered blind or partially sighted,

2.1.3. have had an eye examination within the last 24 months and that the prescription details you have provided are less than 2 years old,

2.1.4. have entered your prescription details on the order form completely and accurately,

2.1.5. have a prescription spherical power which lies in the range +/- 12.00 dioptres and cylindrical power of +/- 4.00 dioptres,

2.1.6. will provide a copy or your prescription if requested by us.

3. AVAILABILITY, SUPPLY AND DESCRIPTION OF GOODS

3.1 All goods advertised for sale on the website are supplied subject to availability.

3.2 You will not be charged for items which cannot be supplied.

3.3 Every effort has been made to describe all goods as accurately as possible and to display photographs with an accurate rendition of their colour. However some minor variation to the goods supplied may arise as a result of changes made by the manufacturer, natural variation in materials used or as a result of your computer monitor's ability to accurately reflect the actual colour of the goods.

4. PRICE AND PAYMENT

4.1. The price payable for the goods you order is set out on our website at the time you place your order plus any charges for carriage and insurance as set out in the order summary.

4.2. We must receive confirmed payment for the whole price of the goods you order, and any charges for shipping and insurance, before despatching your order.

4.3. Value Added Tax is included on all goods and services and will be applied at the prevailing rate to all customers in the UK & Europe.

4.4. Our VAT registration number is: 856 6141 11.

4.5. We reserve the right to alter our prices from time to time without notice.

4.6. Receipt of payment does not constitute our acceptance of your order.

4.7. We reserve the right to decline your order until it is despatched and return your payment to you.

5. DISPATCH AND DELIVERY

5.1. About Dispatching Your Order

5.1.1. We begin to process your order immediately after we receive it.

5.1.2. If all the items required to fulfil your order are in stock we aim to have your order dispatched to you within 2-5 working days beginning on the day after your order was placed.

5.1.3. If we anticipate a delay in dispatching your order which exceeds 5 working days we will advise you of this and give you the opportunity to cancel or amend your order.

5.2. About Delivery of Your Order

5.2.1. We ship all orders using Royal Mail postal services.

5.2.2. When you choose the FREE uninsured and unsigned for shipping option we offer from time to time, we will obtain "proof of posting" after which all risk and liability for the goods in transit transfers to the buyer. We recommend for your own protection and peace of mind that you select a "signed for" service.

5.2.3 When you select any "signed for" service all risk and liability for the goods in transit remains with us until signed for by you or any other person at the delivery address.

5.2.4. When we ship your order we will email you with your Royal Mail shipping reference if appropriate for the service you've selected.

6. CANCELLATIONS RETURNS AND REFUNDS

6.1. We normally begin to process your order immediately after we receive it.

6.2 The sale of un-customised glasses and sunglasses, and customised prescription glasses are treated seperately under the Distance Selling Regulations 2000.

6.3. With respect to the provision of customised and uncustomised glasses and sunglasses: You may cancel your order and/or return your purchase to us at any point in time after the order has been placed and for up to 28 days, inclusive of your statutory 7 day cooling off period, after you have received your order.

6.3.1. If we receive notice of cancellation from you before your order is processed we will refund to you the full amount which you have been charged.

6.3.2. If we receive notice of cancellation from you after we begin processing your order, but before we dispatch it to you, we will refund the total cost of your purchase less any amounts charged for custom made lenses and tints etc.

6.3.3. If you decide to return your purchase during our 28 day money back guarantee period, we will refund the total cost of your purchase less any amounts charged for custom made lenses, tints, postage and packaging. If you have selected FREE lenses we will deduct a £10.00 handling charge.

6.3.4 You should check your purchase as soon as you receive it for signs of damage/defect. If you find any damage/defect you should let us know by email immediately, or in any case within 3 working days of receipt. If you return your purchase to us because the goods have not been made correctly to your prescription or because of faulty workmanship or materials we will renew, replace or repair your glasses at our cost and return them to you as quickly as possible. At our discretion we may elect instead to provide a full refund in the event that a replacment frame or lenses are not available.

6.4. No refunds will be made for returned purchases which show evidence of damage or misuse, which may have become damaged during return shipping to us, or which were not originally supplied by us.

6.5. You are responsible for making sure items are returned to us in an as-new, re-saleable condition and for all postage and insurance costs.

6.6. We reserve the right to cancel your order, whether or not payment has been made when:

6.6.1. Stock becomes unavailable

6.6.2. The price quoted on the website was incorrect due to a typographical error.

6.7. The terms of this contract do not affect your statutory rights.

7. PRIVACY AND DATA PROTECTION

7.1. We are committed to protecting your privacy.

7.2. Types of Personal Information and other data we collect.

7.2.1. On our website you may provide us with PERSONALLY IDENTIFIABLE INFORMATION, such as your name, email address, mailing address, telephone numbers etc.

7.2.2. This information will only be collected if you voluntarily choose to disclose it to us.

7.2.3. We may use COOKIES, WEB BEACONS, WEB LOGS and other technologies to keep track of your interaction with our website and to help provide you with a more personalised experience.

7.2.4. We do not collect or hold any complete financial or payment information.

7.2.5. When you purchase a product or service from us your payment information is entered by you onto to a secure, accredited third party server to process and is not retained by us.

7.3. Uses of Information

7.3.1. We use personal information to provide you with the products and services described on our website.

7.3.2. We may use personal information and other data to improve and enrich your experience on our website.

7.3.3. We may use personal information for auditing, analysis and market research.

7.3.4. We will not disclose personal information provided by you to anyone outside our company except to law enforcements agencies when compelled to and to successors in title to our business.

7.3.5. We may share AGGREGATED NON PERSONALLY IDENTIFIABLE INFORMATION with our partner organisations.

7.3.6. From time to time we may offer certain services that require you to register your contact details and other information with us. We will give you the choice to opt-in/out for these services.

7.4. Control, Security and Storage of Personal Information

7.4.1. Your personal information will be held on computer or on paper records in a physically secure location. Access to this information will be restricted to those who have a legitimate right to process it for the purposes for which you have given your consent.

7.4.2. You may enquire about the information we hold on you at anytime for the purposes of amending it or requesting it to be removed from our records by contacting us at Helpdesk

7.4.3. We are registered with the INFORMATION COMMISIONERS OFFICE for the purpose of processing personal information and comply with the principles of good practice and guidelines for collecting, storing, processing and disposing of personal information as set out in the DATA PROTECTION ACT 1998.

7.5. Communicating with you:

7.5.1. From time to time we may communicate with our existing and potential customers using telephone, email or SMS technology.

7.5.2. If you no longer wish to receive information about or products or services you may opt out at any time.

7.5.3. Any communication we send to you will always have a functioning unsubscribe link.

7.5.4. We may retain communications sent by you to us in order to respond to your requests and improve our service.

7.6. Other sites

7.6.1. Our Privacy Policy applies to this website and others operated by One Vision Direct Ltd. We do not exercise control over the sites linked to from this site. We expressly disclaim any and all liability associated with your use of and content of third party sites.

7.7. Changes to this Policy

7.7.1. This policy may change from time to time.

7.7.2. We will not reduce your rights and protection under this policy without your explicit consent.

7.7.3. Each policy will be identified at the top by its effective date.

8. LIMITATION OF LIABILITY

8.1. We do not warrant that our sites, the content of our sites, their features and functions be error free and uninterrupted.

8.2. We do not warrant that any defects to our sites will be corrected or that your use of our websites will provide specific results.

8.3. The site and its content are delivered on an "as is" basis.

8.4. We do not warrant, but make every effort to ensure, that any data or files that you download from our site are free from viruses and destructive features.

8.5. Limitation of relief is part of the contract between us, therefore your sole remedy if you are dissatisfied with our sites or the content of our sites is to stop using them.

8.6. We disclaim any liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and any or our services.

8.7. We disclaim all warranties, express or implied, including warranties of suitability for purpose, merchantability, accuracy and non infringement.

8.8. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, resulting from your use of our site, even if we have been advised of the possibility of such damages.

8.9. We can only be liable for direct loss up to the value of the goods or services purchased to which the claim relates.

8.10. Nothing in these terms and conditions excludes our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud and other liability which by law we are not permitted to limit or exclude.