Definitions

Definitions Buyer means the individual, advocate or organisation that
buys or agrees to buy the Goods from the Seller.

Seller means: “The Home Eye Clinic Ltd”

Contract means the contract between the Seller and the Buyer for the
sale and purchase of Goods incorporating these Terms and Conditions.

Terms and Conditions means the terms and conditions of sale set out in
this agreement and any special terms and conditions agreed in writing
by the Seller.

The “Company” shall mean “The Home Eye Clinic Ltd” and who's address is:

Home Eye Clinic Ltd
Unit 2, Urban House
41 Landor St
Birmingham
B8 1AE

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights. These Terms and Conditions shall apply to all
contracts for the sale of Goods by the Seller to the Buyer and shall
prevail over any other documentation or communication from the Buyer.

The Buyer should read these terms and conditions or seek clarification
from the sellers representative before completing an order.

Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject
to acceptance by the Seller. The Seller may choose not to accept an
order for any reason. All orders must be accompanied by a minimum of
50% deposit of the quoted price. After the order is received the
Seller shall confirm the details, description and price for the Goods.
Payment of the price must be made in full at point of delivery of the
Goods.

Legal Entitlements

If the Seller discovers that the Buyer is not legally entitled to
order certain Goods, the Seller shall be entitled to cancel the order
immediately, without notice. If the Seller discovers that the Buyer
is not legally entitled to relief from payment as prescribed in the
NHS GOS3 optical voucher, the seller may seek to recover any and all
costs incurred.

Price and payment

The price of the Goods shall be that which is communicated to the
patient at the point of purchase and is shown on Company receipts
and correspondence. The price includes where relevant delivery charges
and VAT. All orders must be accompanied by a minimum of 50% deposit 
of the quoted price.

Cancellation and “Cooling Off”

The buyer shall be entitled to a cooling off period of 7 (seven)
calendar days in which to exercise the right to cancel the contract.
This will be effective from the date of receipt of the written notice
of the right to cancel. If you wish to cancel the contract you must do
so in writing and send it to the Companies address. In the event of
cancellation, the Seller shall be responsible for the recovery of the
Goods from the Buyer and the Seller shall inform the Buyer within
21 days of cancellation of the date when the Seller will collect the
Goods.

Delivery

Goods supplied within the UK (excluding Northern Ireland) will
normally be delivered within 14 working days of acceptance of order.
Except for unforeseen circumstances beyond the seller's control.
Where specific delivery dates have been agreed, and where this delivery
date cannot be met, the Buyer will be notified and offered a new
delivery date. The Seller shall use its reasonable endeavours to meet
any date agreed for delivery. In any event time of delivery shall not
be of the essence and the Seller shall not be liable for any losses,
costs, damages or expenses incurred by the Buyer or any third party
arising directly or indirectly out of any failure to meet any
estimated delivery date. Delivery of the Goods shall be made to the
Buyer’s address specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods whenever they are
tendered for delivery. 

Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.

Rights and Obligations of seller The Seller shall make every effort
to ensure prices are correct at the point at which the Buyer places
an order. The Seller shall not be liable to anyone for withdrawing any
Goods from stock or for refusing to process an order. The Seller
reserves the right to withdraw any goods from their stock at any time.

Warranty

The Seller warrants that the Goods will at the time of delivery 
correspond to the description given by the Seller. 

Returns

The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller within a reasonable time confirming if the Goods are
damaged or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer shall be deemed to have accepted
the Goods. Where a claim of defect or damage is made the Goods shall 
be returned by the Buyer to the Seller. The Buyer shall be entitled
to a full refund (including delivery costs) plus any return postal 
charges if the Goods are in fact defective.  The Buyer will be under
a duty to take care of the Goods until they have been recovered. 
The Buyer will receive a refund of all monies due for the Goods if 
they have complied with the terms of these conditions All refunds will
n the form of a cheque made payable to the buyer and posted to the 
delivery address. Goods to be returned must clearly show the Buyer’s 
name and their scheme ID number obtained from the Seller on the package
. Where returned Goods are found to be damaged due to the Buyer’s fault
 the Buyer will be liable for the cost of remedying such damage.

Limitation of liability

Nothing in these Terms and Conditions shall exclude or limit the 
liability of the Seller for death or personal injury resulting from
the negligence of the Seller or that of the Seller’s agents or 
employees. 

Waiver 

No waiver by the Seller (whether express or implied) in enforcing any
of its rights under this contract shall prejudice its rights to do so
in the future.

Severance If any term or provision of these Terms and Conditions is
held invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction, then such provision or term shall be removed 
and the remainder of these terms and conditions shall continue in full
force and effect. Changes to terms and conditions The Seller shall be
entitled to alter these Terms and Conditions at any time but this right
shall not affect the existing Terms and Conditions accepted by the 
Buyer upon making a purchase. 

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in
accordance with the law of England and the parties hereby submit to 
the exclusive jurisdiction of the English courts.