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Please read these terms and conditions carefully as they set out the terms of use on which you may make use of our website (https://cpd.apps.specsavers.com) (“Website”) whether as a guest or registered user. By accessing and/or using our Website, 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 our Website
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Information About Us
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The Website is operated by Specsavers Optical Group Limited registered in Guernsey with company number 12294 and its registered office at La Villiaze, St Andrews, Guernsey GY6 8YP.
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1 – General Provisions
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1.1
These Terms of Use are applicable to any use of the Website.
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1.2
The services provided under the Website are supplied by Specsavers Optical Group Limited and its subsidiaries, its ultimate holding company and its subsidiaries (“Group”).
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2 – Accessing our Website
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2.1
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website, at any time and for any reason, without notice to you. We will not be liable for any reason if the Website is unavailable at any time or for any period.
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2.2
From time to time, we may restrict access to some parts of our Website to users who have registered with us. Before you may place an order for the first time for any products advertised on the Website you must complete a registration. Each registration is for a single user only. Your account details can be updated at any time
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3 – Reliance on information displayed
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3.1
Whilst we endeavour to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website. This does not affect our liability for death or personal injury arising from our negligence, nor for fraud or misrepresentation as to a fundamental matter or other liability that cannot by law be excluded.
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3.2
Terms and conditions relating to the price and availability of products advertised on our Website are available below – Please read the Terms and Conditions of Purchase carefully.
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4 – Buying goods through our Website
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Contracts for the sale of goods formed through our Website are governed by our Terms and Conditions of Purchase. Please read them carefully. Please understand that if you do not agree to the Terms and Conditions of Purchase, you will not be able to order any products from this Website.
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5 – Privacy and information about you and your visits to our Website
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We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all personal information provided by you is accurate. Please read our Privacy Statement carefully.
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6 – Intellectual Property Rights Policy
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6.1
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We are the owner or licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
6.2
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You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by the Group unless you have first obtained a licence in writing from us or our licensors.
6.3
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Use of the Website does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, the Group, including but not limited to the words and logos “Specsavers”, “Specsavers Opticians”, ”Distance Learning Limited”, “iLearn’, “e-ProFile”, “Spectrum” and any of the brands advertised or linked on the Website.
6.4
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You are permitted to download and print extracts from the Website for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Specsavers Optical Group Limited is strictly prohibited.
6.5
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You may not create and/or publish your own database that features any training or substantial parts of the Website without the prior written permission of Specsavers Optical Group Limited.
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7 – Rules for use of content
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7.1
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You may not in any way commercially exploit any content obtained from the Website without the express written permission of Specsavers Optical Group Limited and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
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8 – Viruses, hacking and other offences
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8.1
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You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
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8.2
By breaching Clause 8.1, you would commit an offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
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8.3
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it or on any website linked to it.
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9 – Linking to our Website
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9.1
You may link to our home page, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. Such linking must comply with our Intellectual Property Policy set out above in Clause 6. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link where your website contains content that is distasteful, offensive or controversial, infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
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9.2
You must not establish a link from any website that is not owned by you.
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9.3
Our Website must not be framed on any other website.
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9.4
You may not create a link to any part of our Website except for the home page.
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9.5
We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.
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10 – Links from our Website
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Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. 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 or your reliance on content contained in them.
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11 – Changes to the Website
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The Group reserves the right to make changes to the Website, policies and these Terms of Use for any reason and at any time. You will be subject to the Terms of Use in force at the time that you use the Website. You should check the Website from time to time to review the then current Terms of Use.
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12 – Indemnity
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12.1
You agree to indemnify the Group from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms of Use, including the Intellectual Property Policy (set out above in Clause 6), or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
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13 – Disclaimers and Limitation of Liability
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13.1
You agree that the Website, including the content, is provided free of charge. The Group will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
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13.2
The Website is intended for use within the United Kingdom. The Group make no representation that any product referred to on the Website is appropriate for use, or available, outside the United Kingdom. Those who choose to access this site outside of the United Kingdom are responsible for compliance with local laws to the extent that local laws are applicable.
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13.3
By using this Website, you consent to these Terms of Use and disclaimers, as defined by the Group. The Group reserves the right to change these Terms of Use and disclaimers and will publish a notice on the Website when that occurs.
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13.4
The Group does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of Specsavers, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
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13.5
The Group will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, the Group cannot guarantee that the Website will be free from delays, interruptions or errors.
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14 – Waiver
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If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms of Use.
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15 – General
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15.1
If any of these Terms of Use is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
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15.2
The Website is provided “as is” and the Group excludes all warranties, conditions and representations of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
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16 – Jurisdiction and applicable law
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The Terms of Use shall be construed in accordance with English law. Disputes arising in connection with the Terms of Use or use of the Website shall be subject to the non-exclusive jurisdiction of the English courts.
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Contacting us
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If you have any concerns about material which appears on our Website, please contact Professional Training and Development team
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T: +44 (0)1481 233628
E: ptd.ilearn@specsavers.com
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Last updated 1 August 2016
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© Copyright Specsavers Optical Group Limited 2016. All rights reserved.
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Terms and Conditions of Purchase
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Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Specsavers makes all products advertised on this Website available to you.
Please read these Terms and Conditions of Purchase carefully before ordering any products from this Website. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Purchase. You should print a copy of these Terms and Conditions of Purchase for future reference.
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1 – General Provisions
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1.1
These Terms and Conditions of Purchase which include the Returns Policy (Clause 12), are applicable to any purchases made online at https://cet.distance-learning -ltd.com, (“the Website”), any representations the Specsavers retail outlet of your choice (“Specsavers”) makes to you and to any agreements concluded between you and Specsavers.
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1.2
The services provided under the Website are supplied by Specsavers Optical Group Limited and its subsidiaries, its ultimate holding company and its subsidiaries (“Group”).
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1.3
By placing orders through this Website you are offering to contract with the Group for the supply of training and development products including (online CET training modules, PAC conference ticketing, classroom training, professional event ticketing and related products, (also described in these terms and conditions as “goods” or “products”)). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
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2 – Placing an order; acceptance of an order
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2.1
The display of any items or promotions on this Website shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, when you complete the on-line order form. If your offer is accepted by Specsavers this will result in a binding contract between you and us (“Contract”).
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2.2
When you have submitted the order form you will receive an email from us acknowledging that we have received your order and confirming the details of your order (including the full details of the store with which you are contracting) and your order number. Your offer to purchase a product is accepted by Specsavers when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
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2.3
Payment will be processed after receipt of your order but prior to the event.
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2.4
Specsavers may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Specsavers associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.
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2.5
As your order is processed you will be informed by e-mail if any of the products ordered are not available or if there is a problem with your order.
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2.6
If any goods ordered are not available, Specsavers may offer you substitute products of equivalent quality and price. If Specsavers is unable to offer substitutes or you do not agree to accept such substitutes Specsavers shall reimburse your payment within 10 days of the date Specsavers receives your order. The Contract will only relate to those products we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
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2.7
You can view the status of your order in the CET dashboard section of the Website.
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3 – CET Dashboard
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3.1
The CET Dashboard facility enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.
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3.2
When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at your CET dashboard at any time.
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3.3
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
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4 – Payment
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4.1
Payment will be processed after receipt of your order but prior to dispatch.
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4.2
The prices stated on the Website are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Despite our best efforts, some of the products listed on our site may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
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4.3
We process payment by credit or debit card once you place an order with us. Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure.
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5 – Your Obligations
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A) All customers
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by Specsavers.
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6 – Delivery
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6.1
The status of your order may be viewed on the Website using the ‘CET dashboard’ section.
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6.2
Delivery of products will be as follows:
Event tickets will be saved on your CET dashboard and emailed to your account email address.
Training modules will become available on your CET dashboard
Online publications will become available online
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6.3
Please cancel bookings as soon as possible. In the event there is a problem with the booking please read the terms set out in the returns policy (Clause 12).
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7 – Privacy
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7.1
We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.
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8 – Cancellation Right
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8.1
You may cancel the training or event booking on the Website within 14 working days leading up to the date of the training or event. You can do so through your CET dashboard.
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9 – Retention of Title
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9.1
Specsavers remains the owner of any products until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Article 10.1.
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10 – Liability
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10.1
Subject to Clause 10.5 and Clause 11, any liability of Specsavers (whether in contract, tort or otherwise) resulting from the late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
Liability for foreseeable or unforeseeable delivery deadlines including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 10.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
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10.2
We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events (see Clause 11) or in verifying your prescription. Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
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10.3
Without prejudice to the provisions set out above, Specsavers will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
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10.4
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. 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 or your reliance on content contained in them.
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10.5
Specsavers and the Group does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Specsavers, its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
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10.6
Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
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11 – Force Majeure (events outside of your or our control)
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11.1
Neither Specsavers nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. (“Force Majeure”). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond Specsavers’ control, but as a consequence of which Specsavers is unable to fulfill its obligations.
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11.2
While a Force Majeure continues to operate, Specsavers and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Specsavers as terminated without further obligation to the other.
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11.3
If Specsavers has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Specsavers will be entitled to charge you for that fulfilled part.
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11.4
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Specsavers shall return to you the amount paid.
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12 – Returns Policy
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12.1 Refunds
Specsavers will issue a full refund in all instances where:
• you exercise your cancellation right and you have cancelled the Contract between us within the fourteen-day period before the training or event.
A refund will be issued to you following receipt by Specsavers of the cancelled goods. Such refund will be provided within 28 days of the date the goods are cancelled.
If you have any questions regarding the returns policy please contact our Customer Service.
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13 – Intellectual Property Rights
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You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of Specsavers Optical Group Ltd. See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.
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14 – Changes to the Terms and Conditions of Purchase
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The Group reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
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15 – Waiver
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15.1
If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
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15.2
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A waiver by us of any default shall not constitute a waiver of any subsequent default.
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15.3
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No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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16. Severability
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If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
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17 – Written Communications
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17.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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17.2
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All notices given by you to us must be given to Specsavers Customers Service at ptd.ilearn@specsavers.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
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18. Transfer of Rights and Obligations
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18.1
The Contract between you and us is binding on you and us and on our respective successors and assigns.
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18.2
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
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18.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
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19. Entire Agreement
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19.1
Specsavers intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Customer Service.
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19.2
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.
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19.3
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
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20. Jurisdiction and applicable law
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The Terms and Conditions of Purchase and the Contract shall be construed in accordance with English law. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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Contacting us
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If you have any comments or concerns about material which appears on our Website, please contact:
Professional Training and Development Team
T: +44 (0)1481 233628
E: ptd.ilearn@specsavers.com
Registered Office
Specsavers Optical Group Limited
La Villiaze,
St Andrews,
Guernsey
GY6 8YP
Registered in Guernsey
Registration No 12249
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Last updated 1 August 2016
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© Copyright Specsavers Optical Group Limited 2016 All rights reserved.