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Terms & Conditions
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Returns Policy
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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 Ltd and its subsidiaries 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 Ltd and
any of its subsidiaries do 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 Ltd and any of its subsidiaries
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
Brooks & Lyndhurst is registered as Company No. SC367659
on the Register of Companies for Scotland under the Companies
Act 2006.
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 March 2010.^
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