These are the terms and conditions on which we supply products to you. These terms and conditions only apply if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession (i.e. a consumer). If you are not such an individual then these terms and conditions do not apply and our standard terms and conditions for the supply of goods to businesses will apply instead.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
We are Edmund Optics Limited a company registered in England and Wales. Our company registration number is 03666365 and our registered office is at 1 Opus Avenue, Nether Poppleton, York, North Yorkshire YO26 6BL. Our registered VAT number is GB 721 3839 44.
You can contact us by telephoning our customer service team at +44 (0)1904 788 600 or by writing to us at: 1 Opus Avenue, Nether Poppleton, York, YO26 6BL or via our website (www.edmundoptics.eu/contact-support)
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these terms, this includes emails and other electronic means of communication
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order (see clause 3.1). It will help us if you can tell us the order number whenever you contact us about your order.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
If we are making the product to measurements or a specification you have given us, you are responsible for ensuring that these measurements or specification are correct and accurate. You must not provide us with any information or specification if our use of it would infringe the rights of any third party.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements, provided these changes will not affect your use of the product.
The costs of delivery will be as displayed to you on our website.
During the order process we will let you know when we will provide the products to you. Unless you and we agree otherwise, and provided we have received your payment for the products, we will deliver the products to you without undue delay and in any event within 30 days after the day on which we accept your order. We will not deliver the products until you have paid for them. We will not take payment until the goods are ready to be delivered.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
You may collect the products from our premises provided we agree this with you when accepting your order. In such circumstances we will notify you when the goods are ready for collection, you can then collect them from us at any time during our working hours of 9:00am to 5:00pm UK time, Monday to Friday (excluding public holidays).
All of our products are delivered on our behalf by a parcel courier such as UPS and require a signature on delivery. If no one is available at your address to take delivery, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must allow us to collect them from you or otherwise agree with us how you will return them. We will pay the costs of collection, or other form of return we have agreed with you. Please call customer services on +44 (0)1904 788600 or email us at [email protected] to arrange collection or agree other form of return.
Goods will be your responsibility from the time we deliver the product to the address you gave us, or you, or a carrier organised by you, collect it from us.
You own a product once we have received payment in full.
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information if it has not been provided during the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back), see clause 11;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) in all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
If you are ending a contract for a reason set out in (a) to (c) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including in certain circumstances because we have delivered late (see clause 7.7).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
You do not have a right to change your mind in respect of:
(a) products made to your specification or otherwise clearly personalised;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) sealed computer software, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
How long you have depends on how the products are delivered. You have 30 days after the day you or someone you nominate receives the goods (although note that delivery costs are only refunded if you change your mind within the first 14 days – see clause 9.6(c)), unless:
(a) your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods; or
(b) your goods are for regular delivery over a set period. In this case you have until 30 days after the day you (or someone you nominate) receive the first delivery of the goods.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone. Call customer services on +44 (0)1904 788600;
(b) Email. Download the contract cancellation form and email it to us at [email protected], or simply email us with your name, home address, details of the order and, where available, your phone number and email address; or
(c) Post. Print this contract cancellation form and post it to us at the address on the form, or simply write to us at that address including details of what you bought, when you ordered or received it and your name and address.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind, you must send the goods within 14 days of telling us you wish to end the contract. In this situation you must either return the goods in person or post them back to us at 1 Opus Avenue, Nether Poppleton, York, YO26 6BL. If you are returning goods in circumstances where we will pay the costs of return (see clause 9.3) you must allow us to collect them from you. If we are collecting products from you please call customer services on +44 (0)1904 788600 or email us at [email protected] to arrange collection, which will be done by a third party (UPS) on our behalf.
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection by UPS. The costs of collection will be the direct costs that we incur in relation to the collection, and you will be notified of the amount when collection is being arranged.
We will refund you the price you paid for the products [including delivery costs if you changed your mind within 14 days – see clause 9.6(c)], by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(c) whilst we allow you 30 days to change your mind (see clause 8.5), we will only refund delivery costs if you do so within the first 14 days of this period.
We will make any refunds due to you without undue delay. If you are exercising your right to change your mind then:
(a) if we have offered to collect the products, your refund will be made within 14 days of your telling us you have changed your mind;
(b) if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)1904 788600, email us at [email protected] or write to us at 1 Opus Avenue, Nether Poppleton, York, YO26 6BL.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 0506.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:
a) up to 30 days: if your goods are faulty, then you can get an immediate refund;
b) up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases; or
c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also: clause 8.3.
If you wish to exercise your legal rights to reject products you must allow us to collect them from you or otherwise agree with us how you will return them. We will pay the costs of collection, or other form of return we have agreed with you. Please call customer services on +44 (0)1904 788600 or email us at [email protected] to arrange collection or agree other form of return.
As we primarily sell to companies, the price of the product quoted does not include VAT or any applicable similar tax, which will be charged in addition. VAT or other applicable tax will be calculated and added to the price in the shopping cart, if using our online shop, or otherwise listed separately on our quotation. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
If the rate of VAT or any applicable similar tax changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment with Visa debit and credit cards and MasterCard credit cards. You must pay for the products before we dispatch them. You must provide card details when placing an order but we will not charge your credit or debit card until we dispatch the products to you.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable 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.
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 defective products under the Consumer Protection Act 1987; and 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 and any sample or model seen or examined by you; of satisfactory quality; and fit for any particular purpose made known to us.
If these terms and conditions apply in accordance with clause 1.1, then we are only supplying 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.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
If you have purchased goods online from us and have an issue but are not satisfied with the response from our customer services team, then you may wish and we may agree to use the EU online dispute resolution service. You can access this service at https://ec.europa.eu/consumers/odr/main/.
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.
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Copyright 2021 | Edmund Optics, Ltd Unit 1, Opus Avenue, Nether Poppleton, York, YO26 6BL, UK
Edmund Optics GmbH Germany acts as an agent for Edmund Optics Ltd. UK. The contract partner is Edmund Optics Ltd. UK.