Order | Payment | Changes to your order, returns | Delivery | Availability | Force Majeure | Your Prescription | Personal Information | Dealing with problems | Limitations & Exclusions | Warranties & Disclaimers | Intellectual Property & Links | Visitor Material | General | Facebook Competition
TONI&GUY Opticians Limited
By placing an order on this Website or when contacting our customer services team to place an order, you are agreeing to the following terms and conditions. These terms and conditions do not in any way affect your statutory rights as a consumer.
In these terms and Conditions “you” and “your” refers to the customer and “we”, “our”, “us” and “TGOL” refers to Toni & Guy Opticians Limited company number 4782231, registered in England & Wales, with its registered office at 494 Darwen Rd, Bromley Cross, Bolton, BL7 9DX.
If you have any questions regarding our terms and conditions or have any comments about our Website, please email us at: [email protected]
1.1 When you submit your order by clicking on the 'Place My Order’ button you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the our Website.
1.2 Your order to us is an offer which we may or may not accept and we will not be bound by a contract with you until and unless, we have received from you all the payment details we require for the goods/services ordered by you, your payment to us has been authorised by your card issuer and we have issued an email acknowledging your order. Your order will not be processed if full payment details are not received by us.
1.3 You agree that immediately following our sending our e-mail of acknowledgment to you we may start work on the products/services you have ordered.
1.4 An order will be acknowledged via e-mail confirming your details, provided you have supplied us with a correct e-mail address, which is most important. Our e-mail will provide an order reference number for any future correspondence. All prices and charges will be calculated of those ruling at the time at which we accept your order.
1.5 For your order to be processed and delivered you must supply us with all the relevant details we request, including full delivery details, postcode and telephone number.
1.6 At our discretion from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
1.7 In the event that you have made a purchase and the price of a product falls or is discounted due to a special offer, the price of the product at the time we accept your order shall prevail. We are unable to offer special offer discounts for purchases that have already been made at other prices.
As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
1.8 Offers and products displayed on our Website are always subject to availability which may change without notice.
2.1 Payment may be made by any of the methods indicated on the payment page of our Website and will be debited when you submit your order. Payment must be made in £s sterling.
All payments will be processed by Paypal or Protx. A choice will be given at the checkout.
2.2 Occasionally credit cards that are entered correctly and have sufficient funds are not validated because the card issuer is performing a random security check. In these cases, we will need to take payment over the phone. We will email or call you in these circumstances. If you receive a message to tell you that payment has not been validated, please contact our customer service team immediately at [email protected] to ensure your order can be attended to.
Changes to your order, returns
3.1 At TONI&GUY Opticians we want to make it easy and inexpensive to purchase new glasses. If you wish to make any changes to your order please contact our customer services team as soon as possible at [email protected] We cannot guarantee to accept changes made to your order especially where we have already begun to customise goods but our policy is to allow changes as long as we are able to agree with you any consequent change in price. Any change to your order may affect the price to be paid by you and our acceptance of your requested change will then be subject to any additional price or charge being received by us.
3.2 You have no right to cancel an order for goods made to your specification for example prescription glasses or lenses provided that we have begun to manufacture or customise the goods concerned or provide any services including installation of lenses. Where you do have a right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 as amended you must give us notice of cancellation by e-mail. If you exercise this right after having received the goods concerned you must only return the goods to us after requesting and receiving a returns number. You are responsible for making sure the item reaches us in original condition and for any postage and insurance costs. We strongly recommend for your protection that you use a recorded delivery service.
3.3 TONI&GUY Opticians is delighted that you have shopped with us but we know that occasionally you may want to return items. You should be aware that when we begin to process your order any custom made elements of your order, e.g. prescription lenses, tints, coatings etc, which are specific to you cannot be refunded. We will process your refund as soon as we receive the returned item(s). Original postage is non refundable.
For your benefit we have extended our returns policy as follows:
ALL returns must be issued a returns number, securely packaged in their original condition [including spectacle case, lens cloth, demo/prescription lenses etc] and received by us within 7 days of the date the goods were originally dispatched. We will then issue a refund. To understand how your refund is calculated see our Refunds Policy section below. This does not affect your Statutory Rights.
Rimless frames which have had prescription lenses fitted are Non-Refundable.
We guarantee to deliver the frame you choose, glazed to the prescription specification you provide. If for any reason we fail to achieve this you should contact our customer services team as soon as possible at [email protected]ndguy-opticians.co.uk. We can then issue you with a returns number and address so you may return your frames to us. We will replace them with the correct item at our discretion and in accordance with your statutory rights.
Defective or faulty materials or workmanship
We guarantee your glasses to be free from any defect arising from faulty workmanship or materials for a period of 12 months from the date of delivery to you. If a fault arises during this period you should contact our customer services team as soon as possible at [email protected]. We can then issue you with a returns number and address so you may return them to us for repair or replacement including customised parts. We can then refund the equivalent UK postage rates at our discretion and in accordance with your statutory rights.
Withdraw from Purchase
Where you are withdrawing from your purchase within 7 days of dispatch and there has been no error on our part, we will refund only the cost of the standard item(s). We will not refund the cost of customised elements like lenses or tints, postage or other services provided to you in connection with your purchase. Refunds will be made using the same method as you used for making the original purchase. Where you have selected FREE lenses or FREE hard coating we will deduct a £10.00 handling charge.
4.1 We deliver only to a valid postal address.
4.2 A recipient signature will be required for courier/ Royal Mail deliveries.
4.3 Should the recipient be away at the time of delivery, a card will be left stating attempted delivery was made. The recipient will then have to collect the package from the local depot or arrange for re-delivery.
4.4 Provided that there are no problems with your order we aim to deliver to addresses in the UK within 28 days of the date we accept your order (and sometimes for standard goods it will be possible to deliver much more quickly than this). For deliveries outside the UK the delivery period may be longer but we will always try to deliver as quickly as we can in the circumstances. Generally we use Royal Mail for delivery. We accept no liability whatsoever for any delay in delivery which has occurred due to any circumstances beyond our reasonable control and time for delivery is not of the essence.
4.5 Under normal circumstances, we will try to ensure that your order is delivered to the delivery address you provide. However, there are times when this is not possible due to problems with the address information or other difficulties. To alleviate such problems please:
Ensure that the recipient address you provide is full and accurate, including the address and postal code.
Give additional instructions to assist with difficult-to-find addresses.
Keep us informed if you find that the recipient's address or availability changes prior to the order being delivered.
We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you or due to the absence of a recipient authorised to sign by way of acknowledging receipt.
4.6 Where we have to attempt re-delivery we have the right to levy a redelivery charge.
5.1 All products and services are subject to availability, and acceptance of your order. In the event of any supply difficulties for example if a frame becomes unavailable or if the products we have received from our suppliers that are needed to make up your order do not meet our high quality standards, we will contact you in order to discuss the situation.
6.1 Neither we, nor any courier or postal service that we use shall be liable for any failure or delay in performance where such failure or delay results from any circumstances outside our reasonable control, including, but not limited to, any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Where the goods you are ordering are or include prescription lenses it is very much preferable that you give us accurate details of your prescription as are required on the relevant page of our Website including the relevant pupillary distance). We will produce the lenses to the prescription details provided and will have no liability if the prescription particulars provided to us are incorrect or in any way unsuitable for you. If you are between 16 & 70 your prescription is valid for not more than 2 years and if you are over 70 it is valid for not more than 1 year. We always advise that you use such a recent prescription.
If you are not sure of any element your prescription (or of the relevant pupillary distance) or if it is more than two years since the prescription was provided to you then you are advised to consult a registered ophthalmic optician to obtain a new prescription before placing an order.
If you do not provide the pupillary distance then at our discretion we will either decline your order or we have the right to assume pupillary distances in accordance with the following:
|Distance glasses||61 mm||63 mm|
|Intermediate/VDU||59 mm||61 mm|
|Near glasses||58 mm||60 mm|
7.4 We do not supply lenses which are outside of the range -10 dioptres to + 10 dioptres (sphere) or outside 3.00 dioptres to +3.00 dioptres (cyl.) other than by special arrangement.
7.5 We can glaze your lenses to any vertical fitting height that you request. This is occasionally done for complex or high prescriptions. The vertical fitting height is the distance from the centre of your pupil to lowest edge of the frame. If you would like this to be done you can specify this in the comments section when placing your order. For this to be done you will need an Optician to measure these heights whilst you are wearing the frame model & size that you wish to buy. Unless this is specified by you we will glaze your lenses to ‘datum’ which is the mid point between the top and the bottom of the frame as per the industry norm.
At the checkout, we ask for the following personal information:
Customer email address - we use this information for the purpose of order acceptance, informing you of the order status and in the event that we need to make substitutions.
Customer full name and address - we use this information for credit card validation and for direct mailing (if you have agreed to receipt of these mailings) and of course for delivery.
Customer telephone number (and mobile number) - we use this information to contact you in the event of problems with the order such as payment failures or delivery problems.
Recipient full name and address – if different from the customer address.
Recipient telephone number (and mobile number) –if different from the customer telephone number
Prescription details - where relevant.
Dealing with problems
9.1 Although we do our best to ensure that this does not happen, on rare occasions, goods arrive at their destination damaged or may not be to the specification ordered. If you (or recipient) receive damaged goods, please contact us immediately so that we can arrange a replacement.
9.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we request that you make any complaint within 48 hours of the date of delivery of the goods concerned.
Risk of loss of or damage to the goods passes to you on delivery of the goods to you. If you return goods to us the return is at your risk until the goods are received by us.
Limitations & Exclusions
10.1 We use our reasonable endeavours to ensure that the TGOL Website and/or the services we provide (Services) are fully operational and error-free but we cannot guarantee this and, therefore, accept no responsibility for any errors, defects and/or interruption of the TGOL Website or Services.
10.2 We accept liability for death and/or personal injury arising from our negligence and from that of our employees, servants or agents and for all liability arising from any fraudulent representation we may make and any other liability which under the applicable law we are not entitled to limit or exclude.
10.3 Subject to clause 10.2 but without prejudice to clause 10.4, our liability (and that of our agents, subcontractors and employees) to you in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection in any way with the services and or goods concerned shall be limited to the sum of £5,000.00 (five thousand pounds sterling).
10.4 Subject to clause 10.2 and to the full extent permitted by the applicable law we exclude all liability for any and all claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, which you may suffer or incur arising directly or indirectly out of or in any way connected with your use or possession of the goods concerned or your inability to access the TGOL Website and/or the Services, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your statutory rights in relation to the quality, fitness or description of the TGOL goods and/or services supplied.
Warranties & Disclaimers
11.1 Whilst we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. Material on this Website may be out of date, and we do not make any commitment to update this material.
11.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind (whether express or implied) which are excluded to the full extent allowed by the applicable law.
Intellectual Property & Links
12.1 You may not print and download extracts from or modify any contents from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used other than for the intended purpose. You may not publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website without our prior written permission which we may withhold at our sole discretion.
12.2 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
12.3 If you would like to create a link to this Website you may not do so without our express prior written agreement which we may withhold at our sole discretion. In any event we expressly reserve the right to revoke any right which we grant to link to this Website at any time for any reason and to take any action that we deem appropriate.
13.1 You may not post on or transmit to this Website anything which:
13.1.1 is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
13.1.2 involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
14.1 We have taken every care in the preparation of the content of this Website, in particular prices and product description. Nevertheless some items and colours may vary from those shown.
14.2 We shall have no liability to you in connection with any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us and these matters shall be subject to correction by us at any time.
14.3 We reserve the right to supplement and amend these Terms and Conditions from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the TGOL Website. Changes will be effective immediately after the posting of such change.
14.4 We reserve the right to suspend, restrict or terminate access to the TGOL Website and/or the Services for any reason at any time.
14.5 We only accept orders from persons over the age of 16 years and by placing an order with us you are warranting that you are not below that age.
14.6 We do not accept orders from persons who are registered as blind or partially sighted as we believe that such persons are best served by direct personal contact with suitably qualified professionals.
14.7 Prices quoted on our website include value added tax at the applicable rate but do not include delivery which is additionally payable by you.
14.8 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the TGOL Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.9 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy of such person which exists apart from that Act.
14.10 Save in respect of fraudulent misrepresentation, this agreement (including any documents referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets out the entire agreement and understanding between you and us relating to the subject matter hereof save for
14.10.1 the rights which either you or we may have under the Consumer Protection (Distance Selling) Regulations 2000 as amended,
14.10.2 your statutory rights as a consumer in relation to the quality, fitness or description of the TGOL goods and/or services supplied.
14.11 The headings in these terms and Conditions are for ease of reference only any shall not affect the interpretation and construction of the same.
14.12 Your purchase will be deemed, for all purposes, to have occurred in England. These Terms and Conditions and the relevant contract between us shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Terms and conditions for the Facebook Ray Ban promotion
Promoter/we/us/ – Toni & Guy /Toni & Guy Opticians
This competition promotion is open to those aged 18 and over, excluding employees of the Promoter and their families. A Facebook account is required.
For your chance to win, you must ‘like’ the Toni & Guy Opticians Facebook page at the very top, which is free. And ‘share’ the link.
No purchase necessary.
Winners will be notified to arrange a delivery of the sunglasses. If we do not hear back from you within 10 days, winners will no longer be eligible for their prize. Prize will consist of 3 pairs of Ray-Bans for 3 entrants, which are chosen at the discretion of the Toni&Guy Opticians.
We will cover the cost of posting to winners of the Sunglasses.
The competition will be running for as long as the competition page is displayed on Facebook (until 500 new likes have been added). The winners will be drawn at the end of the competition and notified.
By taking part in this Promotion all participants will be deemed to have accepted and be bound by these general terms and conditions.
We will not be responsible if participants do not receive their sunglasses they have won if they have supplied insufficient, incorrect or false information when providing their contact and delivery details.
We may amend these terms and conditions at any time to assist with the continued promotion. We will give you reasonable notice of any change by posting the modified terms and conditions on this Website.
Brand specific voucher codes can only be used against the brand for which they are intended. For example, the free 1.6 lens upgrade on the following brands: Oliver Peoples, Paul Smith & Stark. If a brand specific voucher code is incorrectly redeemed against a product from another brand or category (e.g. sunglasses), then the redeemed amount will be considered as outstanding and must be paid before any glasses can be despatched.
Terms and conditions for the Facebook £10 off promotion
Promoter/we/us/ – Toni&Guy Opticians
This promotion is open to those aged 18 and over, excluding employees of the Promoter and their families. A Facebook account is required.
No purchase necessary to receive the voucher code.
Only one voucher code can be used per purchase and cannot be used in conjunction with any other voucher codes/ special offers or discounts.
The voucher code can only be redeemed against designer prescription glasses, sunglasses or prescription sunglasses. It cannot be used for the Toni&Guy Global range or the purchase of accessories.
After liking the page you will be prompted to send an email to [email protected]. We will then email you with a unique voucher code for the value of £10. This will also subscribe you to a mailing list where we will keep you informed of any new products or offers we have. You can unsubscribe at any time through the link at the bottom of the emails.
We reserve the right to withdraw this offer at any point with no prior warning.
The promotion will be running for as long as the voucher code page is displayed on Facebook. This can be withdrawn at anytime without notice.
By taking part in this Promotion all participants will be deemed to have accepted and be bound by these general terms and conditions.
You are responsible for maintaining the confidentiality of your email account and password and for restricting access to your computer to prevent unauthorised access to your email account or Facebook account.