1 General

1.1 This Guarantee by Birmingham Optical is valid only in the country of sale and applies to the item of equipment to which these Conditions of Guarantee are attached, or with which these Conditions of Guarantee are issued. Copies of these Conditions of Guarantee are available on request from Birmingham Optical.

1.2 This Guarantee is fully transferable (for the balance of the Guarantee Period) to subsequent owners of the item of equipment, provided change of ownership is notified in writing to Birmingham Optical prior to said transfer.

1.3 Subject to the Exclusions and Conditions set out below, Birmingham Optical guarantees that the item of equipment will be repaired free of charge, in respect of materials and labour in the event of any component defect becoming apparent during the Guarantee Period (See ‘Validation’ below).

1.4 Birmingham Optical reserve the right to dispose of customer items submitted for repair and subsequently found to be beyond economical repair. This action will be taken only if authorised by the customer or if customer does not accept and fund product return within six weeks of submission of repair evaluation.

1.5 Please note that we are not obliged to accept your order or offer you credit terms. No contract is made with the customer until goods are dispatched.

 

2 Exclusions and conditions

Note. Any accessories supplied with the item of equipment have only a 1 year Guarantee (no matter what Guarantee is applicable to the item of equipment). Faults or unsatisfactory performance that can be attributable to any of the following are excluded from the Guarantee:

2.1 Those which can be remedied by adjustments to the end user.

2.2 Damage to the item of equipment, result of an accident, misuse, physical abuse or Act of God.

2.3 Those which are due to fair wear and tear (such as edging wheels).

2.4 In relation to items purchased from a third party on behalf of a customer, should the unit fail or suffer damage or malfunction, Birmingham Optical will accept no liability to replace or repair any parts.

 

3 Validation

3.1 At the time of sale Birmingham Optical will have entered the appropriate Guarantee details on its Warranty Validation Database thereby avoiding any requirement for end user registration.

3.2 Guarantee Extensions / Enhancements issued by Birmingham Optical are covered by these same ‘Conditions of Guarantee’.

 

4 How to claim

4.1 In the event of any defect becoming apparent with the item of equipment during the Guarantee Period, you should contact Birmingham Optical on 0808 123 2020 who will arrange repair of product.

4.2 Provision of loan instrumentation, where offered, is strictly subject to availability and is for repair times in excess of five days, for critical equipment. Where possible the loan instrument will be the same as the repair instrument, but we reserve the right to offer alternative instrumentation as applicable and available.

 

5 Prices and payment

5.1 Prices quoted do not include VAT and delivery.

5.2 We accept payment by bank transfer, cheque or credit card.

5.3 Goods bought on credit must be paid for within 30 days from date of invoice.

5.4 We remain owners of the goods until full payment has been received. We will repossess any goods or sue for the entire price for goods not paid for within our terms.

5.5 Under the Late Payment of Commercial Debts Regulations 2002, we can exercise our statutory right to charge interest and an administrative fee on all overdue invoices.

5.6 If incorrect invoice details have been stated and an amendment is required, there will be an administration/penalty charge.

5.7 If goods are to be financed by a third party, this must be stated before the goods have been delivered/invoiced

6 Delivery

6.1 There is a charge for all deliveries. Birmingham Optical operates a standard next day delivery for items in stock. Standard delivery is to suitable ground floor reception or stores areas. Please notify in advance if there are any special delivery requirements as there may be an additional charge.

6.2 If the goods do not arrive, are incomplete, are the wrong goods or are damaged when you open them, you must contact the Sales Administration Department within 5 working days of receipt of delivery.

7 Returns and cancellations

7.1 It is the customer’s responsibility to check the goods on delivery. Birmingham Optical will only accept return of faulty goods notified within 5 working days of delivery.

7.2 If faulty goods are to be returned the customer must obtain an SRO (Sales Return Order) from the Sales Administration department. The SRO will be valid for 28 days. Collection of the goods will be arranged at no expense to the customer. Item/s to be collected must be made available for collection in their original packaging together with all accessories.

Note – Birmingham Optical will not accept unauthorised returns which do not have an SRO.

7.3 The customer cannot cancel an order accepted by Birmingham Optical, unless agreed in writing by an authorised representative of Birmingham Optical.

7.4 We do not accept returns of items considered as ‘specially purchased’ under customer request.

7.5 Goods may be returned at the discretion of Birmingham Optical and if the item has not been removed from packaging, unused and in perfect condition. There will be a 10% handling charge of the purchase price (or £20 whichever is greater, excludes lenses) plus a collection charge if the customer does not have an account with a courier. The original carriage will not be refunded.

 

8 Guarantee and Cover Plan

8.1 ‘Cover Plan’ is agreed as a rolling contract, the onus for amendments to the contract is the customer liability.

8.2 All prices quoted are per year and exclude VAT.

8.3 We reserve the right to charge for emergency call outs irrespective of the level of cover, if Birmingham Optical deems that the fault is the result of operator error, accidental or malicious damage, unauthorised repair attempt or failure of a user maintainable part (e.g. bulb, fuse etc).

8.4 All spare parts supplied under contractual obligation or purchased are supplied with 3 months warranty (no matter what Guarantee is applicable to the item of equipment.)

8.5 Instruments that are deemed by Birmingham Optical staff­ to be either hazardous or beyond economical repair will be advised to the customer and if required a quotation will be issued for replacement instrumentation taking account of any trade-in values when applicable.

8.6 O­ffered discount pricing on spare parts refers to percentage discounts from our listed retail pricing and does not include consumable items.

8.7 Damage that may arise due to replacing fuses with a higher rating than recommended is not covered by this contract.

8.8. Damage that may arise due to improper or non use of transportation bolts and locking plates when moving equipment is not covered by this contract.

8.9 Instrument Calibration Certificates are off­ered in good faith, and in accordance with either published Standards, or manufacturer’s recommendations. The issue of a certificate does not extend any warranty as to the future performance of the instruments, but is indicative of the calibrated values at the time of the test.

8.10. Contract maintenance cover with calibration for tonometers and field devices is limited to instruments supplied by Birmingham Optical.

8.11 Software support package includes software upgrade provision, provided that such an upgrade does not constitute a new release, in which case we reserve the right to off­er as a chargeable upgrade.

8.12 At the commencement of a Software package remote access can be provided on request. To benefit from this service, we require access to an ‘always on’ broadband connection connected to the p.c. which the software is installed. This is to be installed and maintained at the user’s expense.

8.13 Users are strongly advised to back-up files for computer supported instruments on a regular basis. In the event of a drive or hard disk failure, we will do our utmost to retrieve the data, but such attempted retrieval is chargeable and is not guaranteed irrespective of the age of the equipment.

8.14 Loading of other software systems alongside Birmingham Optical supplied software is NOT recommended, and we cannot guarantee the integrity or operational status of the systems if this occurs.

The following is applicable to Nidek edging systems only;

8.15 Cost of lens items damaged due to machine failure will not be considered for refund by Birmingham Optical.

8.16 Grinding wheels are not covered by any contract.

8.17 Specifics not covered by contract;

Flood damage to any Nidek system due to blocked grinding chamber areas or waste outlets.

Failure of internal solenoids/regulators/suction pads (RHU) due to contaminated air supply.

Failure of tracer units where the snapping of stylus/shaft is due to improper use.

Failure of tracer units due to debris entering the internal area of the stylus driver mechanism.

Breakage to feeler tips due to improper use of edging system (i.e. Measuring of Executive or Bi concave lenses in standard mode)

8.18 Any item of equipment may be void of guarantee if calibrating procedure is not carried out as specified in manufactures operating manual.

8.19 Unauthorised alterations to factory settings on any item of equipment will exclude the item from guarantee.

 

Terms & conditions specific to online purchases:

If you have any questions relating to these terms and conditions, please contact our team by email at sales@birminghamoptical.co.uk or call us on 0808 123 2020.

These terms and conditions apply to the use of www.birminghamoptical.co.uk and by placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not place an order.

Definitions
Conditions – means these terms and conditions and the Special Conditions
Product – means a product displayed for sale on the Website
Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
Special Conditions – means the terms and conditions in the Product Description
Users – means the users of the Website collectively
Personal Information – means the details provided by you on registration
We/us – means Birmingham Optical
Website – means the website located at www.birminghamoptical.co.uk
Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
You – means a user of this Website.

Registration
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting us at sales@birminghamoptical.co.uk or calling us on 0808 123 2020. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Recommendations
When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site. These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products. We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on birminghamoptical.co.uk. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.

Privacy and cookies
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable European and UK Data Protection and consumer legislation.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.

We use your information only for the following purposes:
• Processing your orders;
• For statistical or survey purposes to improve this Website and its services to you;
• To serve website content and advertisements to you;
• To administer this website;
• To contact you about leaving a review on a product once your order has been completed;
• If you consent, to notify you of products or special offers that may be of interest to you
• You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so. Questions regarding this Policy should be directed in writing to info@birminghamoptical.co.uk.

Description of products
Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting
Upon registration approval the technical steps required to create the contract between you and us are as follows:
i) You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
ii) We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance.
iii) When your product is shipped from our warehouse we will send you a despatch confirmation email.
iv) Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in amend or cancel an order.
v) Your credit/debit card or your account will be charged when your order is despatched.
vi) Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error

If you require any information regarding orders you have placed with birminghamoptical.co.uk, please contact us at sales@birminghamoptical.co.uk or call 0808 123 2020.

Amending or cancelling your order
We are sorry that in most circumstances it’s not possible to make changes to your order once you’ve placed it. If your order hasn’t left the warehouse yet, we may be able to change delivery address details, remove items from your order or cancel it completely. Please contact our Customer Services team for advice on 0808 123 2020.

Out of stock Items
We continue to show out of stock products online so that you have access to the product details or so that you can buy it online at a later date once more stock has been delivered.

Damaged orders
For damaged products, incomplete orders or despatched orders that don’t arrive within the expected time period, please email our Customer Services team at sales@birminghamoptical.co.uk, or call us on 0808 123 2020. If a refund is required we will refund the same card or account originally used to place and pay for the order.

Promotional discounts
Coupons, discounts and promotional discount codes offered by birminghamoptical.co.uk are valid only for use as part of a purchase made via birminghamoptical.co.uk, unless otherwise stated. Such promotional discounts are not valid for use as part of a telephone order.

Contact
For any queries regarding our service, please contact us via email, phone or post.

Our company details are:
Birmingham Optical
583 Moseley Road
Birmingham
B12 9BL
sales@birminghamoptical.co.uk
0808 123 2020
Company registration number: 1038848
VAT no: 111 220646