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. We can only be responsible for supplying products that meet your chosen specifications. We are not responsible for inaccuracies or omissions in information that you provide, and are not obliged 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 booking a consultation or 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
If You fail to attend or cancel an appointment with less than 24h notice, the fee may be payable in full.
2.3
All sales are final and there is no right to cancellation of made-to-order products.
2.4
Johnson & Furze remains the owner of any products until the moment at which the purchase price has been paid.
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) at the time they are prescribed ("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 is caused by the negligence of Johnson & Furze, its directors, employees, affiliates or other representatives. We may also not be held responsible if your vision is limited by medical issues nor if your eyes change after the time of prescribing.
4. Returns Policy
4.1
Johnson & Furze will issue a full refund or replacement of goods in all instances where the prescription spectacles or supplied contact lenses do not match the prescription/specification determined when your eyes were tested (see Warranty), or if products are supplied damaged.
4.2
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.
4.3
Nothing within these Terms affect your statutory rights regarding the return of defective goods.
5. Comfort and Varifocal Guarantee
5.1
Johnson & Furze are not obliged to assume the risk of spectacle lens non-tolerance to a reasonable judgement, but We do offer a discretionary 30 day non-tolerance 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.
5.2
The non-tolerance 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.
5.3
The non-tolerance guarantee will not apply if any problems are not visual, but rather reflect a change of mind on a spectacle frame or choice of lens.
5.4
The non-tolerance 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.
5.5
The non-tolerance guarantee will not apply if spectacles were purchased elsewhere.
5.6
The non-tolerance guarantee is discretionary and will not apply if at any time You are rude or threatening to any employee of Johnson & Furze, or make untrue defamatory statements about Johnson & Furze, its directors, employees, affiliates or other representatives.
6. Price Guarantee
6.1
Johnson & Furze offer a price match that will match the price or refund the difference of like-for-like products sold with the same service conditions (i.e. same fitting, adjustment and repairs service, and guarantees), 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.
6.2
Our price match only applies to purchases of spectacle lenses made within 30 days following 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.
6.3
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.
6.4
In the event of the conditions of the Price Match being met, We will need to see a formal quote/receipt on headed paper from the competing retailer.
7. Manufacturer Guarantee
7.1
Johnson & Furze will repair or replace your frame or lenses free of charge if they are found to have a manufacturing defect during the first year from purchase (normal wear and tear, and accidental damage are excluded).
8. Contact Lens Scheme
8.1
Johnson & Furze operate a Contact Lens Scheme that covers access to our non-medical professional services that include scheduled eye examinations and contact lens aftercares, and unscheduled emergency contact lens aftercares; medical consultations and treatments remain outside the scope of the scheme. The Contact Lens Scheme also covers all contact lens trials, home delivery on contact lenses and solutions, and provides for discounts on purchased contact lenses and prescription eyewear. Please note that payments are for the opportunity to have these benefits and no cash refund is due if they are not claimed.
8.2
Membership for the Contact Lens Scheme is paid for monthly by direct debit. These payments will be payable to GoCardless who process direct debit payments on behalf of Johnson & Furze. GoCardless is regulated by Financial Conduct Authority as an Authorised Payment Institution. Any other amounts due to Johnson & Furze are payable directly, such as the purchase of spectacles.
8.3
Free eye contact lens aftercares include scheduled reviews and emergency contact lens reviews. There is no limit to the number of contact lens reviews that may be claimed providing that they are considered clinically necessary by your optometrist. There is no cash alternative if the opportunity of a contact lens aftercare is not accepted.
8.4
Free eye examinations are only available when a standard eye test charge is applicable and can only be claimed when they are considered clinically necessary by your optometrist. There is no cash alternative if the opportunity of an eye examination is not accepted nor if part of the eye examination is funded by the NHS.
8.5
Members of the Contact Lens Scheme will be entitled to purchase contact lenses at a preferential rate that is less than standard pay-as-you-go pricing.
8.6
Free home delivery only applies to addresses within the UK.
8.7
After membership of the Contact Lens Scheme for 12 months, and thereafter every further 24 months, a member of the Contact Lens Scheme is entitled to a free pair of single-vision spectacle lenses with a scuff-resistant coating, or an equivalent saving on higher priced lenses, where a complete pair of spectacles or prescription sunglasses are purchased. The spectacle lenses must be to your prescription and for your own use, and can only be claimed whilst a member of the scheme with no outstanding debts owed to Johnson & Furze. There is no cash alternative if the opportunity of free spectacle lenses is unclaimed nor does this benefit accrue if it is repeatedly unclaimed.
8.8
Membership of the Contact Lens Scheme is normally for a minimum of 12 months. You may end your contract after this time on payment of any outstanding sums due to Johnson & Furze by giving not less than one month’s written notice. Johnson & Furze may end the contract at any time by giving You not less than two months’ written notice. Your liability to pay the monthly fee continues until the contract is ended in accordance with these conditions, and no refund of the fee will be allowed except in the case of administrative error.
8.9
If the monthly fee is unpaid one month after it is due, Johnson & Furze may end the contract immediately by giving You written notice to that effect. In this event, You will still be liable for all sums outstanding to Johnson & Furze, which includes the sum of monthly fees owed up to 12 months from when the contract was started.
8.10
Members of the Contact Lens Scheme are responsible for notifying Johnson & Furze of any change of address or other personal details. This includes changes to the account from which You have instructed your bank/building society to pay Johnson & Furze.
8.11
Johnson & Furze may alter the monthly fees or vary the conditions of their Contact Lens Scheme, but not before giving members at least two months written notice. Any member who doesn’t wish their contract to continue having regard to any alteration in fee or variation notified to them may end the contract immediately. Any member who has not done this by the time the notice expires will be deemed to have accepted the variation.
9. Privacy
9.1
Johnson & Furze are registered with the Information Commissioner and will process all personal data in accordance with the rights of data subjects under the General Data Protection Regulation (2018). All personal information contained on practice records, whether paper or electronic, is considered confidential. We process personal information about our patients and customers in accordance with our Privacy Policy.
9.2
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.
9.3
We retain records for durations as recommended in guidance from the Department of Health and the College of Optometrists.
9.4
Clinical records remain the property of the Johnson & Furze and You cannot remove them from the property. A copy of all or part of your clinical records can be requested, including your spectacle prescription, and this will be provided in no more than a month of the request being received, free of charge (unless we have already provided it to you, in which case we may have to charge you the administrative cost of providing it again), as required in the General Data Protection Regulation (2018). This information will normally be provided electronically to an e-mail that we already have on file for You, or can be collected in person at the practice on presentation of photographic ID to confirm identity.
9.5
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.
10. Liability
10.1
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.
10.2
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.
10.3
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.
10.4
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.
10.5
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.
11. Force Majeure
11.1
Neither We nor You will be obliged to fulfil 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 fulfil our obligations.
11.2
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.
11.3
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.
11.4
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.
12. Jurisdiction and applicable law
12.1
The Terms and the Agreement 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.