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Terms & Conditions

> Terms & Conditions

> Returns Policy

> Privacy & Security Policy

Terms & Conditions

Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the terms and conditions as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.

Lenses &/or Prescriptions are not included in the price and must be paid for separately.

Eye Tests must be booked by you. There may be a charge for this.

Varifocal and Bi-focal lenses can only be fitted on certain frames. Your optician should be able to advise you on this.

Brooks & Lyndhurst aim to provide the highest quality of service and product. However, we:

  • cannot be subject to any litigation process or be liable for any fault(s) due to any misdemeanour by other parties offering this range of products for sale;
  • cannot be held responsible for any misconduct by any party to the transaction, although every effort will be made to ensure a high quality of service and product is delivered to you;
  • cannot be held liable for delays in delivery of the product to you, although we will endeavour to have the product(s) delivered to you as quickly as possible. We deliver to most UK addresses (excluding the Channel Islands) Monday to Saturday, 7.30am to 6pm. Deliveries to Isle of Man, Northern Ireland and some Scottish addresses will take 48 hours longer. We cannot deliver to PO Box addresses or BFPO boxes.
  • should the product be faulty, you will be entitled to a full refund or a replacement product (should it be available). Your statutory rights will not be affected.
  • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
  • all items are subject to availability. If we cannot supply you with the product you ordered, we will not process your order, we will inform you of this in writing (including e-mail) and, if you have already paid for the product, refund you in full as soon as is reasonably possible.

Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us.

If you supplied us with your email address when ordering, we will notify you by email as soon as possible to confirm that we have received your order.

All products that you order through the Website (via e-mail) will remain the property of Brooks & Lyndhurst until we have received payment in full from you for those products.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. This must be done within 30 days of the date on which we cancel your order. Otherwise, we may collect (or arrange for collection) the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order. Delivery charges and timescales vary depending on the type of products ordered and the delivery address.

Delivery will be to the UK or international address or store specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a Recorded Delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Direct Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).

All items must be paid for in advance. Brooks & Lyndhurst does not accept any responsibility for fraudulent use of a payment instrument as all purchases are deemed to be bona fide. Appropriate care is taken at the time of order and any fraudulent use would have to be referred to the card issuer.

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Returns Policy

Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm

Used items cannot be returned, unless faulty, due to hygiene reasons. Please contact us as soon as possible if you have received faulty goods. Please give us as much information. All items returned MUST be in all original packaging with labels attached. We reserve the right to refuse items that are not returned to us in the expected condition. Warranty does not include damage due to negligence.

We must be notified of your intention to return any item within 7 working days of receipt of the goods (cooling-off period). You will be issued with a reference number as proof of notification. Return postage must be paid for by you.

Returns must be sent via Recorded Delivery or similar. Brooks & Lyndhurst cannot be held liable for damage or loss of goods returned to us.

Please note that we will not accept the return of any damaged or incorrectly supplied products where you fail to notify us of this within seven working days of receiving them.

If you wish to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days of delivery. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned unopened, promptly at your cost.

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Privacy & Security Policy

At Brooks & Lyndhurst, we are committed to respecting the privacy rights of visitors to our website. This privacy policy explains how we collect, store and use personal data about you when you browse www.brooksandlyndhurst.co.uk (the "Website"). This policy provides you with details about the types of personal data that we collect from you, how we use your personal data and the rights you have to control our use of your personal data.

You must read this privacy policy carefully and we recommend that you print and retain a copy for your future reference. By accessing, browsing or otherwise using this Website, you confirm that you have read, understood and agree to this privacy policy in its entirety. If you do not agree to this privacy policy in its entirety, you must not use this Website.

Who we are

We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.

If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us by any of the following means:
e-mail us at info@brooksandlyndhurst.co.uk or
write to us at P.O. Box 2056, Livingston, EH54 0JQ , UK.

When contacting us, please remember to quote your name and contact details along with any Brooks & Lyndhurst correspondence reference number you may have.

Persons under the age of 18

We do not and will not knowingly collect information from any unsupervised person under the age of 18. If you are under the age of 18, you must not use this Website or submit any personal data to us unless you have the consent of, and are supervised by, a parent or guardian.

The personal data we collect about you
When you make purchases from Brooks & Lyndhurst (including purchases made directly, over the phone, via email or via our Stockists, we may collect the following personal data about you:
your name, age and sex;
your billing and delivery postal addresses, phone, fax and e-mail details;
where you place an order with us, your payment card details;
your communication and purchase preferences; and
your date of birth.

We may also collect some or all of the above personal data about you when you access and browse this Website or any third party site. We may also collect some or all of this personal data from Zenka Head Office or other third parties who have your consent to pass your details to us.

How we may store and use your information
Brooks & Lyndhurst (and third party data processors acting on our behalf) may collect, store and process your personal data:

to make this Website available to you and to provide you with content which is tailored to your individual tastes;
save where you have indicated otherwise, to contact you (including by SMS and e-mail) about promotional offers and products which we think may interest you and for customer satisfaction and market research purposes; and
We also process your payment card details in order to complete any purchase that you make through this Website and, in certain instances, disclose your personal data to third party credit reference agencies to perform credit checks against you. When you place an order with us, we may offer to retain your payment card details for your convenience to save you having to re-submit these details on a future occasion. However, if you prefer that we do not maintain these details, please notify us in writing or via e-mail.

In addition, we may collect unidentifiable details about visitors to our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from such details that we collect for these purposes.

Except as set out in this privacy policy, we will not disclose, sell or rent your personal data to any third party. If you do consent but later change your mind, you may contact us and we will cease any such activity.

In the event that a third party acquires all (or substantially all) of our business and/or assets), we may disclose your personal data to that third party in connection with the acquisition. We may also disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body.

If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us by any of the following means:
e-mail us at info@brooksandlyndhurst.co.uk or
write to us at P.O. Box 2056, Livingston, EH54 0JQ, UK.

When contacting us, please remember to quote your name and contact details along with any Brooks & Lyndhurst correspondence reference number you may have.

International transfers of Personal Data
We may transfer personal data that we collect from you to third party data processors located in countries that are outside of the European Economic Area and to other Brooks & Lyndhurst group companies in connection with the above purposes. Please be aware that countries which are outside the European Economic Area may not offer the same level of data protection as the United Kingdom, although our collection, storage and use of your personal data will continue to be governed by this privacy policy.

Fraudulent /False E-mails
We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from brooksandlyndhurst.co.uk asking you to do so, please ignore it and do not respond.

Your rights
You have the following rights:
the right to ask what personal data that we hold about you at any time, subject to a fee specified by law (currently £10);
the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge; and
the right to opt out of any marketing communications that we may send you.
If you wish to exercise any of the above rights, please contact us using the contact details specified above.

Third party sites
This Website contains links to other websites operated by third parties. Please note that this privacy policy applies only to the personal data that we collect through this Website and we cannot be responsible for personal data that third parties may collect, store and use through their website. You should always read the privacy policy of each website you visit carefully.

Damage to your computer
Brooks & Lyndhurst uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer. Except where required by applicable law, Brooks & Lyndhurst shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Brooks & Lyndhurst cannot accept any liability in respect of the use of these websites.

Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss however caused arising out of or in connection with these Website Terms or your use of the Website.

Except to the extent required by applicable law, Brooks & Lyndhurst shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

These exclusions shall be governed by and construed in accordance with the Law of Scotland. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Updates to this policy

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms. This privacy policy was last updated in October 2014.^

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