image image image image image

Terms and Conditions

Most of our products are bespoke items that are custom-made for you based on your answers when your eyes are examined and decisions you make at the time of dispensing. As made-to-order items, they cannot be re-used by someone else, and this is reflected in consumer law that differentiates between bespoke and non-bespoke products. In summary, we are only responsible for supplying products that meet your chosen specifications. We are not obliged to assume the risk of non-tolerance to a reasonable judgement or to be responsible for inaccuracies or omissions in information that you provide, or to accept responsibility for costs if you change your mind after ordering.

1. Definitions

1.1

These Terms And Conditions (“Terms”) are agreed by Johnson & Furze Optometrists Limited, trading as Johnson & Furze, registered company 08745949 in England and Wales (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.

2. Agreement

2.1

In placing an order a contract is formed between You and Us, namely that You agree to pay Us for requested services and/or products, and We agree to carry out the requested services and/or supply the requested products ("Agreement").

2.2

Once an order has been placed, You become liable for the full costs of products ordered. Please note that all sales are final and there is no right to cancellation of made-to-order products.

2.3

Johnson & Furze remains the owner of any products until the moment at which the purchase price has been paid in full to Us.

3. Warranty

3.1
Johnson & Furze warrants that the products that We provide comply with the Agreement and with your prescription (for prescription spectacles) and/or your specification (for contact lenses) ("Warranty"). However, We may not be held responsible if your eyes do not tolerate any spectacles or contact lenses, or any related products ordered by You, except where this caused by the negligence of Johnson & Furze, its directors, employees, affiliates or other representatives.

3.2
If it becomes evident within 30 days of delivery that the products ordered fail to meet the Warranty, You should return them to Us immediately. You may request that We replace the products concerned instead of issuing a refund.

3.3
The Warranty will not apply if a defect has arisen due to accidental damage, modification or attempted modification without permission from Us, or improper usage that differs to the use for which they were intended.

4. 30-Day Non-tolerance Guarantee

4.1

Johnson & Furze offer a 30 day non-tolerance guarantee (“Guarantee”) for visual problems with spectacles purchased from ourselves that is additional to statutory requirements for made-to-order products. In the event of visual non-tolerance that persists beyond a reasonable adaptation period, We will undertake investigations to identify the cause of the problem, and if necessary will exchange or refund.

4.2

The Guarantee has a time-limit of 30 days after You have been notified that the spectacles are ready for collection, and not the date when they are collected. If it becomes evident that You are experiencing visual problems with new spectacles then You should contact Us immediately for advice. We will record the date, nature of the problem, any investigations that were done, and any action taken or advice given.

4.3

The Guarantee will not apply if the recommendations made by Us on lens type/design/material and/or spectacle frame were not followed, or if they are used for purposes other than that for which they were intended.

4.4

The Guarantee will not apply if spectacles were purchased elsewhere.

5. Returns Policy

5.1

Johnson & Furze will issue a full refund or replacement of goods in all instances where the prescription spectacles or contact lenses are supplied to the wrong prescription/specification (see Warranty), or if products are supplied damaged. A refund or replacement will be issued to You following receipt of the returned goods, within 14 days of the date that the returned goods are received.

5.2
Please note that all returns are to be returned with all component parts within 30 days of You receiving the goods, and after this time You will be deemed to have accepted the goods. At this point a new purchase contract will arise and You will be charged the order price for the goods.

5.3
Nothing within these Terms affect your statutory rights regarding the return of defective goods.

6. Discounts

6.1

Johnson & Furze offer a discount on the price of any spectacle lens purchased within 3 months following either a private eye examination or NHS Sight test with a top-up fee for additional time/tests performed by one of our Principal Optometrists, either Dr Michael Johnson or Mrs Hayley Johnson. Lenses must be for use by the person who was examined. The discount is structured as £20 per lens, and will apply to all lenses purchased without limit on number.

7. Price Match

7.1

Our Price match considers the cost of spectacle lenses after any discount has been applied and only applies to purchases of spectacle lenses made within 3 months following an eye examination with a private eye examination performed by either Dr Michael Johnson or Mrs Hayley Johnson, or an NHS Sight test with a top-up fee for additional time/tests performed by either Dr Michael Johnson or Mrs Hayley Johnson.

7.2

Our Price Match applies to like-for-like products (i.e. same frame, prescription and lens type/design), sold with the same service conditions (i.e. same fitting, adjustment and repairs service, and 30 day non-tolerance guarantee), charged at full price and in stock at a competitor that trade on the same basis as Us, with premises on a high-street or comparable shopping destination freely open to the public in the UK mainland, that should carry a reasonable range of goods in stock for customers to buy and take away, with clearly displayed prices.

7.3

Our Price Match does not apply to discounted products, or from competitors who are in administration or closing down, or from private sellers, or products from businesses which trade on a different basis to us, such as those that operate only on the internet or through mail-order, showrooms attached to internet-only companies, collection points, auction sites, factory outlets, membership clubs, duty-free shops, market stalls or home shopping channels.

7.4

Our Price Match promise is valid for 28 days from the date of purchase.

7.5

In the event of the conditions of the Price Match being met, We will match the price or refund the difference for up to 28 days after purchase. We will need to see a formal quote/receipt on headed paper from the competing retailer.

8. Privacy

8.1

Johnson & Furze process personal information about our patients and customers in accordance with our Data Management Policy. We are registered with the Information Commissioner and will process all personal data in accordance with the rights of data subjects under the Data Protection Act (1998). All personal information contained on practice records, whether paper or electronic, is considered confidential.

8.2

By registering as a patient or placing an order, You consent to such processing and agree that all personal information provided by You is accurate.

8.3

We retain records for durations as recommended in guidance from the Department of Health and the College of Optometrists.

8.4

Clinical records remain the property of the Johnson & Furze. You may view your own original records, but You cannot remove them from the property. A copy of clinical records can be requested, and for this there is an administration fee of £30 for clinical notes only, or £50 for images and/or a summary report as is our entitlement as detailed in the Data Protection (1998). These fees are exempt from VAT. A request for clinical information must be made in writting by You, and will be provided for collection or posted in no more that 40 days from the request being recieved.

8.5

Please note that we cannot normally provide clinical information to You about any other person, unless accompanied by a written authority to make the request, or a power of attorney. Information about children may be released to a person with parental responsibility. However, the best interests of the child will always be considered.

9. Liability

9.1

Any liability of Johnson & Furze (whether in contract, tort or otherwise) resulting from the delivery of defective products or 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 reasonably be contemplated by You and Us at the time of the Agreement.

Liability for foreseeable or unforeseeable damages, 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 and which could reasonably be contemplated by You and Us at the time of the Agreement is accepted, is excluded to the extent permitted by law.

We will endeavour to deliver any products to You within the timeframes set out at the time of the Agreement. There may be events outside of our control, including but not limited to Force Majeure events 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 the Agreement.

9.2

Without prejudice to the provisions set out above, We will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by You or improper use of the products.

9.3

Where our Website contains links to other websites and resources provided by third parties, these links are provided for 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 to You from their use or reliance on content contained in them.

9.4

We do not limit or restrict our liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Johnson & Furze, 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 excludes or limits our liability for any breach of the statutory implied terms as to title.

9.5

Nothing in these Terms  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.

10. Force Majeure

10.1

Neither We nor You will be obliged to fulfill any contractual obligation if either 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 our control, but as a consequence of which We are unable to fulfill our obligations.

10.2

While a Force Majeure continues to operate, We 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 Johnson & Furze as terminated without further obligation to the other.

10.3

If We have already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, We will be entitled to charge You for that fulfilled part.

10.4

Once a Force Majeure is operating, if You have paid for a product yet to be dispatched, We shall return to you the amount paid.

11. Jurisdiction and applicable law

11.1

The Terms and the Ageement shall be construed in accordance with English law. Any dispute arising from, or related to the Terms or the Agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Get in Touch

Telephone: (01454) 411760
Website: johnsonandfurze.co.uk

7 Chapel Street, Thornbury, BS35 2BJ

Opening hours

Monday - Wednesday 8:45 - 5:30
Thursday 8:45 - 7.00
Friday 8:45 - 5:30
Saturday 9.00 - 4.00