TERMS OF USE

This page (together with the documents referred to on it) tells you the terms by which you may make use of this website (the “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them.

If you do not agree to these terms of use, please refrain from using the Site.

1. Information about us

This Site is operated by IOLLA Ltd, trading as IOLLA, ("We"). We are registered in Scotland under company number SC464634. Our VAT number is 192 309993.

We are a limited company.

2. Accessing the Site

2.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

2.2. In the ordering of prescription spectacles, you hereby confirm that:

2.2.1. You are aged 16 or over and are not registered blind or partially sighted; and

2.2.2. You are in possession of a written prescription that is given by a registered medical practitioner or optometrist, following a sight test that (a) is not more than two years old, and (b) can be photographed and uploaded with your order.

2.2.3 You are in possession of you pupillary distance measurement which you have submitted details of accurately onto the Site as and where required.

2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4. When using the Site, you must comply with the provisions of our acceptable use policy.

2.5. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

3. Our Products

3.1. The images of any products, including the frames, on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the frames and as a result, your frames may vary slightly from those images.

3.2. All products shown on the Site are subject to availability.

4. Intellectual property rights

4.1. For the purposes of these terms of use, ”Intellectual Property Rights” means copyright and related rights, trade-marks and service marks, trade names and domain names, rights in designs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply for, and be granted) renewals or extensions of, and rights to claim priority from, these rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; “Materials” means all materials, including text, posts, replies, comments, video, audio, photographs, images, illustrations, animations, logos, information, data and graphics.

4.2. With the exception of the Intellectual Property Rights in the Materials owned by a third party, we are the owner or the licensee of all Intellectual Property Rights in the Site, such rights being protected by copyright laws and treaties around the world. All such rights are reserved.

4.3. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.

4.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.5. Our status (and that of any identified contributors) as the authors of Material on the Site must always be acknowledged.

4.6. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors.

4.7. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Ordering from the Site

5.1. Orders are placed through the Site, by selecting a frame in accordance with the Site instructions, entering your prescription details in the form provided and placing an order, which will be processed through our third party payment facilitator.

5.2. Orders shall be confirmed by us through the Site prior to you placing the final order and subject to further required information, which we may request as and when necessary to your particular order, such as:

5.2.1. a copy of your written prescription;

5.2.2. details of the optician who provided your prescription to verify and/or discuss your prescription;

5.2.3. your pupillary distance measurement from your optician; or

5.2.4. request that you obtain a new written prescription from your optician.

5.3. We may reject orders at our absolute discretion, but normally for good reason.

5.4. Once the above procedures have been successfully complied with, we shall process your payment and confirm your order.

5.5. We will verify and confirm your order, notifying you by email by way of acceptance.

6. Placing orders and pricing

6.1. All prices are quoted inclusive of VAT & Delivery Costs.

6.2. Prices and availability of products as detailed on the Site are subject to change from time to time and while we shall endeavor to ensure that such information is accurate, we may notify you of any changes prior to confirming your order. Should we notify you of any changes to the order you have placed, you shall have the right to either amend your order accordingly or cancel your order. Furthermore, if we are unable to supply the chosen products, or the price shown on the Site is not correct, we shall have the absolute right to cancel your order.

7. Delivery and Returns

7.1. Although we shall make every reasonable effort to deliver your products on time, we cannot guarantee the time it will take to deliver any frame.

7.2. Should for any reason the products you have ordered become lost or damaged in transit, we shall, at our sole discretion, either replace the goods or reimburse you for all amounts received.

7.3. Any products to be returned from outside of the UK shall be at your own cost.

7.4. For non-bespoke goods bought online, such as non-prescription glasses or frames only, we allow you to return them up to 14 days from the day you receive them. Personalised / bespoke products, such as prescription eyewear are excluded from this right

7.5 The cooling-off period detailed in 7.4 starts when you receive the product

7.6 Customer must inform in writing their wish to cancel the contract and must include:

• the traders name and contact details
• specifically stating a desire to cancel the contract
• include the date the goods were received
• the customer’s name and contact details
• signature and date

7.7 Returns must be sent complete with original packing, the receipt or proof of purchase and returns form which can be found here.

8. Reliance on information posted

8.1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

8.2 Visitors to the Site are advised to make an appointment in store or contact us.

9. Warranty

9.1. We warrant that on delivery the products shall:

9.1.1. conform in all material respects with their description on the Site;

9.1.2. be free from material defects in design, material and workmanship; and

9.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

9.1.4. be fit for purpose.

9.2. While we take all reasonable care in the sourcing and packaging of the products, which should reach you materially as described on the Site, there may be minor variations due to factors beyond our reasonable control.

9.3. Subject to clause 9.4, if:

9.3.1. you give notice in writing (e.g. email) to us within a reasonable time of discovery that the products do not comply with the warranty set out in clause 9.1; and

9.3.2. you (if asked by us to do so) return such products to us at your cost until such time as we agree that the products do not comply with the warranty as set out in clause 9.1,

we shall, at our option, replace the defective products, or refund the price of the defective products in full.

9.4. Notwithstanding clause 9.3, we shall not be liable for products that fail to comply with the warranty set out in clause 9.1 in any of the following events:

9.4.1. the details of any prescriptions or pupillary distance measurements were incorrect, or entered incorrectly at the time of your order;

9.4.2. you use and damage the products after giving notice in accordance with clause 9.3;

9.4.3. the defect arises because of your failure to follow any applicable instructions as to the storage or use of the products; or

9.4.4. the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

9.5. Except as otherwise provided in this clause 9, we shall have no liability to you in respect of the products’ failure to comply with the warranty set out in clause 9.1.

9.6. These terms shall apply to any replacement products supplied by us.

9.7. The above warranties are in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. Our liability

10.1. We do not in any way exclude or limit our liability for:

10.1.1. death or personal injury caused by our negligence;

10.1.2. fraud or fraudulent misrepresentation; nor

10.1.3. any other liability which cannot be excluded or limited under applicable law.

10.2. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

10.2.1. loss of income or revenue;

10.2.2. loss of business;

10.2.3. loss of profits or contracts;

10.2.4. loss of anticipated savings;

10.2.5. loss of data;

10.2.6. loss of goodwill;

10.2.7. wasted management or office time; and

10.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

10.3. Subject to the above, the use of this Site and our products are provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

1. Uploading material to the Site

11.1. Information you have uploaded to the Site, including prescription data and a photo (as may be necessary for a virtual try-on of a frame, shall be kept in accordance with our privacy policy and stored for 7 years.

11.2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

2. Our site changes regularly

12.1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

3. Links from the Site

13.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

4. Jurisdiction and applicable law

14.1. The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

14.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland

5. Variations

15.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

6. Your concerns

20.1. If you have any concerns about material which appears on the Site, please contact hey@iolla.com.