PLEASE READ THESE TERMS & CONDITIONS BEFORE USING THE Forbes EyecareWEBSITE. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING OUR WEBSITE.
You (“the customer”) should understand that by ordering products from the Forbes Eyecare website, you enter into a legally binding contract with Forbes Eyecare Ltd which you agree will be governed by these terms and conditions. If you do not agree to be bound by these terms and conditions you must refrain from using or ordering products from the Forbes Eyecare website.
The website www.ForbesEyecare.co.uk is owned and operated by Forbes Eyecare Ltd (“We”). Forbes Eyecare Ltd is a company registered in England and Wales under the company number 01836347. This is an agreement between you (“the customer”) and Forbes Eyecare Ltd. Our registered VAT number is 503853361.
2. Website Use
You are permitted to view and download our website www.ForbesEyecare.co.uk (including sub-pages within the same internet domain) for your personal use only and only in accordance with these terms and conditions. We may change, suspend or terminate the website at any time without liability or notice. We may also restrict your access to sections or the entire website without liability or notice.
You agree to use our website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our website by any third party. In particular, you must not attempt to interfere with the proper working of our website, and you must not attempt to tamper with, hack into or otherwise disrupt any computer system, server, router or any other internet connected device associated with our website.
3. Intellectual Property
Our website, whether in part or as a whole, and all associated content are protected by copyright and other intellectual property rights which are either owned by Forbes Eyecare Ltd or used by Forbes Eyecare Ltd with the permission of their owners. You may view the content of the website or associated content on screen or store such content in electronic form on a disk, and are authorised to download such content for that purpose.
You are authorised to download, use and/or copy material published on our website solely for your own personal use. You may not otherwise reproduce, copy, disseminate or otherwise use the content of our website or any associated content for commercial purposes or any other purpose. Forbes Eyecare Ltd’s rights are reserved.
All proprietary rights in any trade marks (whether registered or unregistered) or service marks, including logos, appearing on our website are owned by Forbes Eyecare Ltd or are used by Forbes Eyecare Ltd with the permission of their owners. Nothing contained on our website shall be construed as granting any licence or right to use any such trade mark, service mark or logo for any purpose whatsoever.
4. Your Status and Website Registration
By placing an order through our website you confirm to us that:
- You are over 18 years of age
- Are able legally enter into a binding contract
- You have completed our registration procedure
- You have previously worn contact lenses
- You have had contact lenses fitted by a qualified Optician
- You have not experienced any problems from the use of your contact lenses
- You must ensure that the details you provide during the registration process on our site are complete and correct. You are also obliged immediately to inform us of any changes to the details you have provided to us during the registration process by updating your account through our website. Failure appropriately to update your details will be a breach of the contract between you and us, and Forbes Eyecare Ltd cannot be held responsible for any loss or damage you suffer as a result of your failure to provide us with correct and up-to-date information.
5. Your Order and Our Acceptance – Contract Formation
- YOUR ORDER DOES NOT BY ITSELF COMPLETE A CONTRACT BETWEEN YOU AND US. Instead, in placing an order through our website you make an offer to us. A binding contract will only be formed between you and us once we have accepted your offer. Forbes Eyecare Ltd is not obliged to accept any offer that you make, may refuse to accept an offer for any reason whatsoever (including but not limited to inability to verify your prescription or inability to take payment from you), will have no liability in respect of refusing or otherwise failing to accept an offer. No other term of these Terms and Conditions may be construed as creating an obligation on Forbes Eyecare Ltd to accept an offer.
- When placing an order with us you must ensure that the information you present us with is accurate and complete.
- When placing an order with us you must have in your possession a valid contact lens prescription which is not more than 12 months old. In order to place an order with us you must accurately enter information that is included in your contact lens prescription.
- After you place an order with us and make appropriate payment, you will receive an e-mail confirming your order and notifying you that payment for your order has been taken. Please note that in taking payment at this stage, Forbes Eyecare Ltd is not accepting your offer, and a contract is not at that stage formed between you and Forbes Eyecare Ltd.
- When we have received your order and payment for your order we will attempt to verify your contact lenses prescription with the prescribing Optician. By placing an order with us you provide us with your consent to contact your Optician to verify the particulars of your prescription.
- If we are able to verify your prescription, we will dispatch your order to the address that you have provided to us. If we are unable to verify your prescription within 21 days, we will refuse your order and will communicate that refusal to you by email. In the event of such refusal, any payment taken from you will be refunded in accordance with clause 5.h below.
- Dispatch of your order will signify acceptance by Forbes Eyecare Ltd of your order, and at that point only will a legally binding contract be concluded between you and Forbes Eyecare Ltd.
- In the event that your order is refused after payment is taken, the payment will be refunded in accordance with clause 11 below.
- Each separate supply of products shall constitute a separate contract between you and us subject to these terms. The fact that Forbes Eyecare Ltd has previously accepted an order placed by you is not an indication that we will continue to accept orders in the future, and Forbes Eyecare Ltd has no obligation to accept such future orders.
6. Prices and Payment
- The prices you will pay for any products that you order through our website are listed on the website at the time you place your order
- The prices of products shown on the website include VAT.
- The prices of products shown on the website do not include postage costs. Postage costs will be shown to you at the time of order.
- Forbes Eyecare Ltd supplies dispensing services in relation to contact lenses ordered from us via the Forbes Eyecare website (www.ForbesEyecare.co.uk). The supply of dispensing services by Forbes Eyecare Ltd for each contact lens order is valued at £23.00. This amount is included in the prices of the contact lenses which are displayed on our website.
- We may change prices at any time without liability or notice. Price changes will not affect orders which have already been dispatched (that is, orders in respect of which a binding contract has been formed). If the price changes after an order has been submitted, but before that order is accepted and dispatched you will be charged the original price (i.e. the price before the change was made)
- Products on our site, despite best efforts, may be incorrectly priced. As no contract is concluded between Forbes Eyecare Ltd and you until Forbes Eyecare Ltd has accepted your order and dispatched the products requested, Forbes Eyecare Ltd is under no obligation to supply products to you at an incorrect price. If we have advertised an incorrect price and you have placed an order based on that price, we will contact you to notify you of the error and to ask whether you wish to continue with your order on the basis of the correct price. If you indicate to us in response that you wish to continue at the correct price, your new order at the correct price will be treated as an offer and processed in accordance with clause 5 above.
- You will be responsible for the payment and processing of any import duties associated with orders made through our website which are delivered to an address outside of the UK. We will not be liable for any breaches of laws and regulations of the countries to which products are delivered.
- Payment for products purchased from our website must be made through one of our chosen payment services providers, a list of which is to be found here:
In order to make a payment through one of these providers, you will need a credit card or debit card. From time to time, we may change the providers through whom we will accept payments. If we do so, we will update the list of providers accordingly.
Your credit or debit card will be charged at the time that the order is placed, though, as detailed in clause 5 above, no contract is formed between you and Forbes Eyecare Ltd at this time. In the event that your order is refused for any reason after payment has been taken, a refund will be made in accordance with clause 11 below.
- Delivery will be made to the “Delivery Address” specified when you placed your order. This may or may not be the same as your credit card or debit card billing address
- We will attempt to dispatch your order within 24 hours of your prescription being successfully verified with your Optician. We cannot however guarantee that the products contained in your order will be in stock at all times.
- Forbes Eyecare Ltd does not accept responsibility for delays or failures resulting from circumstances beyond our reasonable control, including but not limited to mechanical breakdowns, traffic delays and the weather.
8. Risk and Passing of Ownership to Customer
- The full ownership of the products that you order will pass to you on delivery of the products subject to us having received the full payment for those products
- The products will be held at your risk from the time of delivery
9. Canceling your Order
- In accordance with the Consumer Protection (Distance Selling) Regulations 2000 (as amended), purchases from the Forbes Eyecare website are subject to a “cooling off period” within which you have the right to cancel your contract with Forbes Eyecare Ltd and return the products you have purchased, irrespective of whether those products are in any way defective or not in conformity with your order. The cooling off period runs for 7 working days from the date of delivery of the products to you (where a working day is any day which is not a Saturday, Sunday or Bank Holiday celebrated in the United Kingdom).
- In order to exercise your right to cancel under clause 9.a above, you must return the products unopened and unmarked in their original packaging to us at 60 South Street,Chichester, West Sussex PO19 1DS. You will be liable to pay the postage and packaging costs of returning the goods. The cost of the products returned, but not the cost of postage and packaging either for the original delivery or for the return, shall then be refunded to you in accordance with clause 11 below.
- You may return a product to us at Forbes Eyecare, 60 South Street, Chichester, West Sussex PO19 1DS so long as it is in its original packaging, unopened and unmarked. We will examine the returned products and notify you via email or telephone whether they are in an acceptable condition for a refund to be granted. We will then process a refund of the costs of the products, but not the costs of postage and packaging either for the delivery or for the return, in accordance with clause 11 below.
- In addition, if a product supplied by us is in any way faulty or does not conform to your order, you may return it to us at the address given above, including a note specifying the fault or difference from your order and whether you would prefer a replacement or a refund, and a receipt for the costs of returning the products to us. We will examine the returned goods, and if we are satisfied that they are in fact faulty or not in conformity with your order, we will provide, according to your choice, either (i) a replacement product, for which we will not charge additional postage and packaging, and a refund of the costs of returning the faulty products to us as evidenced on the receipt; or (ii) a refund in accordance with clause 11 of the costs of the products, the postage and packaging for the delivery, and the costs of returning the faulty products to us as evidenced on the receipt.
- Refund of monies will occur by the same method that was used to make the initial payment to Forbes Eyecare Ltd (e.g. via the same credit card you used to purchase the goods).
- We aim to process any refunds as soon as possible after either an order is refused or products are returned to us. We will make any appropriate refunds within 28 days of refusal of an offer or acceptance by us that a refund is due in respect of returned goods.
- Forbes Eyecare Ltd will have no liability to pay interest on any amounts refunded.
12. Links & Adverts
The Forbes Eyecare website provides links to other third party websites and resources. These third party websites are not under the day to day control of Forbes Eyecare Ltd. When you click through to these websites you leave the web pages under the control of Forbes Eyecare Ltd. We cannot accept any responsibility whatsoever for any issues that you may face or any losses that you may suffer which arise from the use of third party websites that are linked to from our website or which link to our website. We advise you to read the terms and conditions and privacy policies of each website that you click through to from our site before using them.
13. Force Majeure
We are not liable for any failure to perform or delay in the performance of any of our obligations to you which are caused by “Force Majeure” events outside of our reasonable control.
15. Our Liability
- Our liability in connection with the purchase of any product from our site is strictly limited to the purchase price of those products. This does not limit our liability for any matter for which it would be illegal for us to exclude or illegal for us to attempt to exclude our liability (e.g. death or personal injury caused by our negligence or fraudulent misrepresentation).
- Although Forbes Eyecare Ltd takes all reasonable steps to protect its systems and software against computer viruses, bugs, Trojan horses and/or other defects, Forbes Eyecare Ltd assumes no liability and shall not be responsible for viruses or any other disabling features that affect your computer as a result of using our website, nor for any delays or failures you may experience in connection with, nor any modification, suspension or termination of our website
- We shall only be liable for losses you suffer in connection with a breach of these terms and conditions which could be foreseen at the time when an order was placed. Foreseen is defined as where they could have been contemplated by both you and us acting reasonably.
16. Transfer of Rights and Obligations
This is an agreement between you and Forbes Eyecare Ltd. You may not transfer, assign or charge any of the rights and obligations that you undertake within this agreement without our prior written consent. However, we may transfer, assign or charge any of the rights and obligations that we undertake within this agreement without any notice or further liability to you.
17. Law & Jurisdiction
These terms and conditions are governed by English Law. Any disputes arising in connection with these Terms and Conditions shall be resolved before the courts of England and Wales.
18. Right to vary these terms and conditions
We have the right to amend these terms and conditions at any time without any prior notice or liability.