1. Status
of Terms
1.1 These terms constitute a legal document ("the Agreement"),
which sets out the rights and obligations of you as a purchaser ("you"),
and those of South West Optics ("South West Optics", "we"
or "us"), in relation to the services and products offered
by us through this site or any of the other sites owned by us. By registering
for South West Optics services, you agree to the terms of this Agreement,
and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about
you as prompted by our registration form (such information being the
"Registration Data"); and
1.2.2 maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or South West
Optics has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, South West Optics has the right
to suspend or terminate your account, cease supply and refuse you any
and all current or future use of the South West Optics site (or any
portion of it).
2. Place of performance and applicable law.
Unless otherwise specified, the materials on this site are directed
solely at those who access this site from the United Kingdom mainland.
South West Optics makes no representation that any product referred
to in the materials on this site is appropriate for use, or available,
in other locations. Those who choose to access this site from other
locations are responsible for compliance with local laws if and to the
extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English
courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit
an order with South West Optics ("the Pre-contract Notice").
The Pre-contract Notice contains important information such as a description,
price (including export taxes) and delivery charges of the good or services
ordered. South West Optics suggests that you print off a hard copy of
the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by South West Optics will correspond with
their prices and description. If at any time this is not the case South
West Optics will give you the right to reject the goods within a reasonable
time period for a full refund. You will also be entitled to claim for
any relevant consequential losses.
4. Right to cancel
4.1 You have the right to cancel any contract within 7 working days
without giving any reason. The 7 working days will start the day after
receipt of the goods.
4.2 The cancellation notice should be sent by e-mail to South West Optics
and must state your name, a description of the goods or services concerned
and the contract number of the cancelled contract.
4.3 Where South West Optics have supplied goods to you, you must take
reasonable care of the goods in your possession pending their return
to South West Optics. South West Optics will only accept the returned
goods in their original packaging and which do not exhibit signs of
wear or tear. Any use of the delivered goods beyond that necessary to
inspect the goods on delivery will invalidate your right to cancel the
contract.
4.4 Where South West Optics have supplied goods to you, these goods
must be returned to South West Optics, or be available for collection
by South West Optics. The cost of returning goods is non-refundable,
and where South West Optics collects goods, the direct cost of such
will be deducted from the refund. South West Optics reserves the right
to apply a 10% restocking charge. Other than for faulty returns, the
original cost of sending the goods will also be deducted from the final
refund.
4.5 Once notice of your cancellation has been received, South West Optics
will make a refund of the contract price to your debit or credit card
used to purchase the goods. This will be done within 30 days of the
date of cancellation.
4.6 All monies will be refunded within 30 days of cancellation date.
5. Content
5.1 South West Optics shall not be liable to any person for any loss
or damage, which may arise from the use of any of the information contained
in any of the materials on this site. South West Optics will only be
liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (eg: a banner advert) will lead to sites,
which are not under the control of South West Optics. When you activate
any of these you will leave the South West Optics site and South West
Optics has no control over and will accept no responsibility or liability
for the material on any site, which is not under the control of South
West Optics.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any
consumer or exclude or restrict any liability for death or personal
injury arising from the negligence or fraud of South West Optics.
6.2 Subject to clause 6.1, you agree that South West Optics shall not
be liable either in contract, tort, negligence, statutory duty or otherwise,
for any direct loss or damage (including loss or damage which is reasonably
foreseeable or occurs naturally in the course of things) resulting from
any acts, omissions, failures or delays occurring on or in relation
to those parts of the Internet not under South West Optics's direct
control including, without limitation, damage for loss of business,
loss of sales, non payment of sums due, loss of profits, business interruption,
loss of reputation, loss of business information, or any other pecuniary
loss (even where South West Optics has been advised of the possibility
of such loss or damage).
6.3 The only liabilities that South West Optics can exclude are those
arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when
the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of South
West Optics.
6.3.3 For any business losses, and/or losses to non-consumers.
7. Delivery
Orders received by 2pm are normally dispatched the same day for next
day delivery. We guarantee all orders will be received within 30 days.
If South West Optics cannot delivery within 30 days you will be notified
immediately to arrange another time for delivery, or if you would prefer,
to cancel you order.
8. Complaints handling procedure
In the unlikely event that you have any complaints as to our service
or any of the goods and services supplied to you from our site, please
contact us by either: e-mail
Phone: 01872 263444
or write to:
South West Optics
22A River Street
Truro
Cornwall
TR1 2SJ
England
All complaints are taken seriously and will be investigated as soon
as they are brought to our notice. We endeavour to rectify any problems
by the end of the next working day, and will always keep customers informed
as to progress.
9. Copyrights
All designs, text, graphics and their selection and arrangement on this
site are the copyright of South West Optics or its content providers.
As a visitor to the South West Optics site you are licensed to copy
electronically or to print portions of this site for your own personal,
non-commercial use. Any other use of materials on this site without
South West Optics's prior written consent is strictly prohibited.
10. Software
10.1 Intellectual property rights in any software or any other copyrighted
materials ("Software") and supporting documentation supplied
by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable
statutory rights under the Copyright (Computer Program) Regulations
1992 (as amended, supplemented or replaced from time to time) you shall
not and shall not permit any other person to:
10.2.1 disassemble, reverse engineer, decompile or in any other way
interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use
the Software and associated documentation non-exclusively, but only
for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use
the Software or attempt to do so.
11. Matters Beyond our Reasonable Control
South West Optics shall not be held liable for any breach of this Agreement
caused by circumstances out of its control including, but not limited
to, Acts of God, fire, lightening, flood, or extremely severe weather,
explosion, war, disorder, flood, industrial disputes (whether or not
involving our employees), acts or omissions of Internet services providers
or acts of local or central Government or other competent authorities.
12. Language
In the event of conflict or inconsistency between the terms of the English
language version of this Agreement and any translation provided by us,
the English language version shall prevail.
South West Optics Privacy Policy
Due to the ordering process certain information given by you at the
time of ordering is collected lawfully and in accordance with the Data
Protection Act 1998, solely by South West Optics. South West Optics
does not disclose any customer information to any third parties. The
information is used only for the purpose of processing your request
and to communicate with you on any matters relating to the provision
of the service in general. Information and statistics may also be used
for the purpose of monitoring site usage. These statistics will not
include any information that can be used to identify any individual.
Cookies are used on this shopping site, but only to keep track of the
contents of your shopping cart once you have selected an item. If you
have any concerns regarding the privacy of this site please e-mail
We may contact you in future regarding special offers, news items etc.
If you do not wish to be contacted please e-mail
Site Security
The South West Optics payment processor is held on a secure server using
a verified SSL (secure socket layer) system for transferring data. If
you click on the small padlock symbol at the bottom of you browsers
screen you will be taken to this sites security certificate. If you
have any concerns regarding the security of this site please e-mail