COOKIES POLICY
Why do we use cookies and similar technologies?
To make our website (including our mobile site) and apps work better and to distinguish you from other users, we use cookies and similar technologies, such as tagging. Cookies and similar technologies can perform functions, make our website easier to use and personalise content.
By using the site you agree on the use of cookies as described in our privacy policy.
What are cookies?
Cookies are small text files, downloaded from websites to your computer or smartphone as you browse and use the Internet.
There are two main types of cookie:
- A session cookie only exists for the duration of your visit to a website. They recognise your computer or smartphone as you move between pages. These cookies can be used, for example, to maintain secure logins.
- A persistent cookie stays on your device for a set period of time and can be used, for example, to remember you when you next visit the website.
The source of each cookie also varies. Some cookies are owned and created by Walters / Walters Opticians / Walters 1899 / Walters Online (‘first-party’ cookies), but others are supplied by independent companies (‘third-party’ cookies).
When referring to cookies, this also includes similar online tracking devices such as web beacons and flash cookies that we may use.
Cookies are NOT viruses, any kind of malware, programs or applications. Cookies can’t see the files on your computer.
Walters / Walters Opticians / Walters 1899 / Walters Online, cookies and you
The cookies used on waltersopticians.co.uk fall into four categories:
- Strictly necessary
- Performance
- Functional
- Advertising
More information about each category of cookie can be found below, and the cookies from the Walters / Walters Opticians / Walters 1899 / Walters Online site are listed in full at the bottom of this page.
Strictly necessary cookies
Strictly necessary cookies let you move around the website and use essential features such as shopping baskets and secure areas.
We use strictly necessary cookies to
- Remember the information that you have entered on web order forms when you visit different pages in the same session
- Balance the overall volume of website visitors between our computer servers
These cookies will not be used to gather the information that could be used for marketing or to remember visitor information outside of a single session.
Performance cookies
Performance cookies collect aggregated information about how visitors use our website, eg which pages visitors go to most often, how long they stay, and whether they get error messages. This information is useful to Walters / Walters Opticians / Walters 1899 / Walters Online so that we understand how visitors experience our site and it is used to formulate improvements to the website.
Performance cookie information is aggregated and does not identify individuals.
Functional cookies
Functional cookies allow the website to remember choices you have made on the website. Examples include
- whether you have been asked to fill in a survey
- offering the ability to share content via social networks
Advertising cookies
Advertising cookies are used to deliver adverts that are more relevant to you and your interests, and to reduce advertising that is not relevant. Examples include
- remembering a pattern of website behaviour so that adverts can be made more relevant
- limiting the number of times that advert is seen in order to reduce fatigue
- researching which adverts work best
Advertising cookies collect information anonymously and it is not linked to you as a person, even if you have logged in to our website.
Online Behavioural Advertising
Some Walters / Walters Opticians / Walters 1899 / Walters Online advertising on 3rd party websites uses tracking cookies. Walters places such adverts only in networks that subscribe to the EU Self-Regulatory Framework for Online Behavioural Advertising (www.youronlinechoices.com) and the adverts are linked to further information about the cookies used.
Managing cookies
You can remove any cookies already stored on your computer and you can control how your web browser deals with cookies by changing your browser settings. However, this may prevent you from using parts of our website.
Many browsers give a range of options for managing cookies, including obtaining consent for every cookie, blocking certain types of cookie and blocking cookies from unrecognised websites. Finally, you can set your browser to block all cookies however you should be aware that many sites will not work as smoothly as you are used to and some basic functionality that is dependent on cookies will not work at all.
The following links go to the relevant help sections for the major web browsers and explain how to manage your cookies:
Chrome
https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies
Safari OS X
http://docs.info.apple.com/article.html?path=Safari/5.0/en/9277.html
Safari iOS
http://support.apple.com/kb/HT1677
Internet Explorer
http://windows.microsoft.com/en-GB/windows7/How-to-manage-cookies-in-Internet-Explorer-9
Firefox
http://support.mozilla.org/en-US/kb/Cookies?s=cookies&r=0&e=es&as=s
Android
http://www.google.com/support/mobile/bin/answer.py?hl=en&answer=169022
Blackberry
http://help.blackberry.com/en/blackberry-q10/10.3.1/help/mwa1334238823957.html
Windows phone
http://www.microsoft.com/windowsphone/en-us/howto/wp7/web/changing-privacy-and-other-browser-settings.aspx
What are similar technologies?
Tagging works in a similar way to cookies. We use a tag called a pixel. A pixel is an image that once embedded in an email connects to a file stored on our web server and allows us to determine customer interest in our marketing emails. Tags can also be known as beacons.
These allow us to see which promotions seem of interest to our customers and if a particular offer seems to interest you. We may use this information to send offers which appear to be more relevant to you. To opt-out, you would need to unsubscribe from our marketing emails.
PRIVACY POLICY
You have trusted us to take care of your eyewear needs. You can also trust us with your personal details. Walters / Walters Opticians / Walters 1899 / Walters Online Privacy Policy means that we respect any personal information that you provide us with, from any purchase of our products and services or any other interactions with us.
In this privacy policy, references to Walters, Walters Opticians, Walters 1899, we, us or our means the members of the Walters Group of companies (Walters 1899 Group) that process your personal information, including each of those listed below.
By PRESSING “I Accepted & Agree – CLOSE” on the privacy & cookies banner “Privacy & Cookies:” when entering the website I 100% agree and accept the following statement:
I am a store customer or I use the Walters websites (waltersopticians.co.uk, Walters Online, Walters 1899 and any other websites or stores belonging to the Walters 1899 Group & owners registered to the brand and companies) I have input my detail myself & I have accepted that they will keep my data and may use it for marketing purposes and I understand that by AGREEING & ACCEPTED the COOKIES & PRIVACY POLICY popup and closing it when visiting the website that has and will protect the companies and brand (walters & waltersopticians.co.uk from any lawsuits ever put against them or ever taking anyone from the companies or brand to court for any type of legal action about me and/or my data or any issues I have with the above-mentioned companies/brands. I 100% understand and accept and agree for them to hold my information and I understand 100% that I have opted-in for marketing from them or any third party companies they work with.
In this privacy policy, when we refer to you, we mean the person whose personal information we collect, use and process. This includes anyone who contacts us in connection with the products and services we provide or who otherwise interacts with us including, for example, on our website at www.waltersopticians.co.uk (the website) or in-store.
What personal information do you collect?
We may collect and process information about you including:
- your name;
- your date of birth;
- your contact phone numbers (including mobile);
- your email and postal address;
- your relevant health details including (a) current and past eye or hearing health conditions, general health conditions and glasses, contact-lens or hearing prescriptions, (b) current medication details, and (c) correspondence between your optometrist or audiologist and your GP or ophthalmologist;
- your examination and test results;
- your payment details;
- your employment, lifestyle and driving information;
- details of any prescription supplied to you by your healthcare professional or medical practitioner;
- information that you provide by filling in forms on our website;
- details of your visit to the website and any transactions you carry out on the website;
- any information or images you give us when you use our virtual try-on technology; and
- any other information you have voluntarily given us.
How do you use my information?
We may use your personal information for:
- providing our products and services to you;
- processing and keeping personal information relating to your credit or debit card and order details so we can fulfil your order; and
- dealing with any queries or refunds.
Any processing we carry out will be done under the legal basis of performing our contract with you.
We may use the information for:
- marketing our products and services to you;
- carrying out customer-service surveys to make sure we continually improve our services to you;
- helping us a review, develop and improve the products and services we offer, for example through research, analysis and planning;
- letting you know about changes to our products and services;
- responding to and dealing with any claims made against us;
- using cookies
- responding to queries from you.
We may do this if we have legitimate interests in carrying out direct marketing, in measuring the level of customer satisfaction, in improving our products and services, and in managing our relationship with you.
We may also use the information for:
- carrying out security checks to protect against fraudulent transactions (when you buy a product or service from us or after you have placed an order) to prevent and detect crime.
We can do this if it is in our legitimate interest. For example, we may carry out identity checks or checks to identify any problems with your payment details.
We also may use the information to:
- keep to laws or regulations which apply to us, including preventing or detecting when we fail to do so;
- maintaining records for tax purposes;
- defending any claims and other corporate purposes; and
- managing and dealing with insurance claims.
We may do this if we have to by law.
If you do not register as a customer online but contact us through the website (or by email at info@waltersopticians.co.uk), you will be giving us personal information about yourself, including your email address, name and contact details. This may also include medical information if you have given it to us.
You may also have to supply personal information (but not medical information) by entering a competition on our website. We will only use this information for the purposes of providing a reply, reviewing any feedback or improving the website.
If you are simply browsing our website, we will not collect any information which will identify you by name. However, we will collect information using cookies or traffic data which uses IP addresses or other numeric identifiers, which analyse how people use our website.
How long do you keep my information for?
We and other members of the Walters 1899 Group will keep personal information for as long as is reasonably necessary to provide products and services, including aftercare services, and to maintain records as needed to satisfy tax and other legal or regulatory requirements, as well as to protect and defend against claims.
Who do you share personal information with?
We may reveal your personal information to other members of the Walters 1899 Group/Brand for any of the purposes set out in this privacy policy.
The Walters 1899 Group/Walters Brand & Companies (Walters / Walters Opticians / Walters 1899 / Walters Online) also provides and processes IT, marketing and other services for each Store and Website that they own and any associated personal information.
We may reveal your personal information to other people, including in the following circumstances.
- We use other organisations to help us process personal information but they are not allowed to use it for other purposes. We may use the information we receive from other organisations to add to and improve our databases of customer details.
- We may reveal personal information to health authorities, including NHS or national equivalent bodies.
- We may pass personal information to external agencies and organisations, including the police and other law-enforcement agencies to prevent and detect fraud (including fraudulent transactions) and criminal activity. These external agencies may check the information we give them against public and private databases and may keep a record of those checks to use in future security checks.
- If a claim is made or could be made, against us or other members of The Walters 1899 Group, we may pass personal information to our insurers.
- If we sell or buy any business or assets, we may reveal personal information about you to the prospective seller or buyer of that business or the assets.
- If we (or substantially all of our assets) are bought or taken over by another organisation (or there is a reorganisation within our corporate group), personal information we hold about customers will be one of the assets transferred.
- We may pass certain personal information to your employer if you have been referred to us as a corporate eyecare customer.
- We may pass your personal information to others to keep to any legal obligation (including court orders), to enforce or apply our terms and conditions of use of the website or other agreements we have with you, or to protect our rights, property and safety or those of our customers, employees or others.
How do you process my personal information?
Your personal information may be transferred to, stored and processed in one or more countries outside the European Economic Area (EEA), including Guernsey. Guernsey’s data-protection laws are similar to those in the EU and so these transfers are allowed.
If we transfer your personal information to others outside of the EEA, we take extra steps in line with data-protection laws. These include contract terms approved by the EU Commission with the relevant organisations receiving your personal information, whether members of the Walters 1899 Group or not.
We also take reasonable steps to make sure your personal information is adequately protected in line with the requirements of the UK data protection law.
We use cookies to improve how our website operates. You can find more information ABOVE in the Cookie Policy section.
How can I update or change my personal information
You can update or change your personal information at your local Walters store, or by contacting info@waltersopticians.co.uk
You have certain rights under UK data protection legislation, including the option to:
- access your personal information – we may charge a fee if we are allowed to do so by law;
- correct your personal information if it is inaccurate or incomplete;
- erase your personal information and prevent further processing in specific circumstances and where there is no other legal reason for us to continue keeping or processing that information. These include for example:
- if the personal information is no longer needed in relation to the purpose for which it was originally collected or processed;
- if you withdraw your permission;
- if you object to us processing your personal information;
- if you ask us to stop processing your personal information (although we are entitled to store your personal information, we cannot further process it if you ask us not to);
- if we move or transfer your personal information to another organisation; and
- if you object to us processing your personal information in the following circumstances.
- If processing is based on legitimate interests or carrying out a task in the public interest or when exercising official authority.
- If information is processed for direct marketing.
- If information is processed for purposes of scientific or historical research and statistics.
To ask for any of the above rights, please contact your Walters store or if you are a registered online customer, contact info@waltersopticians.co.uk
You have a right to complain to the Information Commissioner’s Office. They can investigate whether organisations are keeping to data protection law. See ico.org.uk
We may use your personal information to contact you about our products and services.
To make sure that you continue to receive excellent healthcare, we will send you non-marketing material, such as appointment reminders and notices to remind you when your current prescription ends.
You may change your marketing preferences at any time either in-store or by emailing info@waltersopticians.co.uk
You can choose to stop receiving marketing emails from us by following the unsubscribe link and instructions on the marketing emails we send you.
Protecting personal information
We use a variety of security technology and procedures to help protect your personal information from unauthorised access and use. Examples of these are shown below.
- Encryption, meaning that information is hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code or what’s called a ‘cypher’. The hidden information is said to then be ‘encrypted’.
- Using a different name for you so we can hide parts of your personal information from view.
- Controlling access to systems and networks as this allows us to stop people who are not allowed to view your personal information from getting access to it.
- Training our staff so we make them aware of how to handle information and how and when to report when something goes wrong.
- Regular testing of our technology and ways of working, including keeping up to date on the latest security updates.
We have no control over the contents of other websites or resources which are linked to our website. We accept no responsibility for them or the privacy practices they use, or for any loss or damage that may arise from you using those websites or resources.
We may update this privacy policy from time to time. Any updates will take effect as soon as they are posted on our website.
If you have any questions about this privacy & cookies policy, or you would like to change any of the preferences you have chosen please email us info@waltersopticians.co.uk.
Terms and Conditions
Terms and Conditions of Purchase
Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Walters makes all products advertised on this Website (waltersopticians.co.uk) 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.
Click here for:
1 – General Provisions
1.1
These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.waltersopticians.co.uk, (“the Website”), any representations the Walters retail outlet of your choice (“Walters 1899”) makes to you and to any agreements concluded between you and Walters.
1.2
The services provided under the Website are supplied by Walters 1899 Limited and its subsidiaries, its ultimate holding company and its subsidiaries (“Group”).
1.3
By placing orders through this Website you are offering to contract with the Group for the supply of healthcare products including (including prescription glasses, contact lenses, sunglasses, accessories, batteries 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.
2 – Placing an order; acceptance of an order
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, and any product-specific terms (which will be brought to your attention prior to any purchase) when you complete the on-line order form. If your offer is accepted by Walters / Walters Opticians / Walters 1899 / Walters Online this will result in a binding contract between you and us (“Contract”).
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 Walters / Walters Opticians / Walters 1899 / Walters Online 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.
2.3
Payment will be processed after receipt of your order but prior to dispatch.
2.4
Walters / Walters Opticians / Walters 1899 / Walters Online may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Walters / Walters Opticians / Walters 1899 / Walters Online 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.
2.5
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.
2.6
If any goods ordered are not available, Walters / Walters Opticians / Walters 1899 / Walters Online may offer you substitute products of equivalent quality and price. If Walters / Walters Opticians / Walters 1899 / Walters Online is unable to offer substitutes or you do not agree to accept such substitutes Walters / Walters Opticians / Walters 1899 / Walters Online shall reimburse your payment within 10 days of the date Walters / Walters Opticians / Walters 1899 / Walters Online receives your order (Refunds Policy). The Contract will only relate 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.
2.7
You can view the status of your order in the Your Account section of the Website.
2.8
Orders can only be accepted from residents in the United Kingdom (including the Channel Islands and Isle of Man) for delivery in the United Kingdom (or Channel Islands/Isle of Man).
3 – Your Account
3.1
The Your Account 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.
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 Account at any time.
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.
3.4
Any personal information that you provide during registration and which is held in Your Account is held in accordance with our Privacy Policy.
4 – Payment
4.1
Payment will be processed after receipt of your order but prior to dispatch.
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. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. 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 mispricing.
4.3
We process payment and future payments by credit or debit card once you place an order with us. However, if you order contact lenses on their own without prescription glasses, payment will only be processed once your prescription is verified.
4.4
Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure. We hold your credit/debit card details in accordance with our Privacy Policy and any specific consent as required.
4.5
We use approved third-party payment service providers to process encrypted card payments.
5 – Your Obligations
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 your optician or Walters / Walters Opticians / Walters 1899 / Walters Online.
B) Contact Lens customers
By placing an order you are confirming that:
- i) you have a valid current contact lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optician or contact lens practitioner for the contact lenses which you are ordering.
- ii) the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification.
- iii) you consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If for any reason, you do not wish to undergo an eye test, you may cancel the order.
- iv) you know of no reason why the contact lenses which you are ordering would not be appropriate for you.
- v) you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
- vi) the order placed through this Website represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person.
- vii) you are aged 18 years or over.
- viii) you are legally capable of entering into binding contracts.
C) Prescription glasses and prescription sunglasses customers
(referred to throughout as prescription glasses)
By placing an order you are confirming that:
- i) you have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which you are ordering;
- ii) the data you provide to Walters / Walters Opticians / Walters 1899 / Walters Online concerning the condition of your eyes corresponds to the data found on your current prescription.
- iii) you consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or ophthalmic medical practitioner. If for any reason, you do not wish to undergo an eye test, you may cancel the order.
- iv) you know of no reason why the prescription glasses which you are ordering would not be appropriate for you.
- v) you are not experiencing any discomfort with the prescription glasses you are currently prescribed to wear.
- vi) the order placed through this Website represents a request for prescription glasses by you, which fulfils the needs of you yourself and no other person.
- vii) you are aged 18 years or over.
- viii) you are legally capable of entering into binding contracts.
D) NHS voucher holders
You warrant that you hold a valid NHS optical voucher – please note you will need to bring this into the store when you collect your glasses.
6 – Delivery and inspection of the goods
Please note – delivery can only be to valid addresses in England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands. Orders for prescription glasses can only be collected from a Walters / Walters Opticians / Walters 1899 / Walters Online store.
6.1
The status of your order may be viewed on the Website using the ‘Your Account’ section by using your order number.
6.2
Delivery of products will be as follows:
Contact lenses will be to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Prescription glasses and prescription sunglasses will be delivered when collected by you at the Walters / Walters Opticians / Walters 1899 / Walters Online store stated on the receipt of order. The store will contact you when your glasses are ready for collection.
Non-prescription glasses, accessories, batteries and other products will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
6.3
We aim to dispatch all products within 14 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Walters / Walters Opticians / Walters 1899 / Walters Online control, the overall delivery period should not exceed 30 days.
6.4
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7 – Risk During Transport
7.1
Walters / Walters Opticians / Walters 1899 / Walters Online shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery, you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
8 – Warranty
8.1
Walters / Walters Opticians / Walters 1899 / Walters Online warrants that the products to be delivered comply with the agreement between Walters / Walters Opticians / Walters 1899 / Walters Online and you and with your specification (for contact lenses) and/or your prescription (for prescription glasses/sunglasses) (“Warranty”). However, Walters / Walters Opticians / Walters 1899 / Walters Online may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you except where this caused by the negligence of Walters / Walters Opticians / Walters 1899 / Walters Online, its directors, employees, affiliates or other representatives.
8.2
If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to Walters / Walters Opticians / Walters 1899 / Walters Online. Please refer to the Returns Policy. You may request that Walters / Walters Opticians / Walters 1899 / Walters Online replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.
8.3
The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without Walters / Walters Opticians / Walters 1899 / Walters Online’ written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
9 – Privacy
9.1
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.
10 – Cancellation Right
10.1
If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the Website within 14 working days following the day your order is delivered to you, or (in the case of prescription glasses) from the date of collection from the store (“the Return Period”). To cancel the Contract please contact Customer Service (either by phone or email) to request a returns reference and the relevant returns address. Prescription glasses/ sunglasses can be returned to the Walters / Walters Opticians / Walters 1899 / Walters Online store from where you collected them. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.
10.2
You have a legal obligation to take reasonable care of the Products while they are in your possession. Between the date, you inform us of the wish to cancel and the date the product is returned by you to Walters / Walters Opticians / Walters 1899 / Walters Online you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by Walters / Walters Opticians / Walters 1899 / Walters Online, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.
11 – Retention of Title
11.1
Walters / Walters Opticians / Walters 1899 / Walters Online remains the owner of any products delivered to you 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.
12 – Liability
PLEASE CONTACT US AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE
12.1
Subject to Clause 12.5 and Clause 13, any liability of Walters / Walters Opticians / Walters 1899 / Walters Online (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 your order is accepted by us.
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 (except where set out in Clause 12.6) 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.
12.2
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 13) 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.
12.3
Without prejudice to the provisions set out above, Walters / Walters Opticians / Walters 1899 / Walters Online 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.
12.4
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.
12.5
Walters / Walters Opticians / Walters 1899 / Walters Online 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 Walters / Walters Opticians / Walters 1899 / Walters Online, 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.
12.6
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.
13 – Force Majeure (events outside of your or our control)
13.1
Neither Walters / Walters Opticians / Walters 1899 / Walters Online nor you will be obliged to fulfil 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 disasters, the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, the 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 Walters / Walters Opticians / Walters 1899 / Walters Online ‘ control, but as a consequence of which Walters / Walters Opticians / Walters 1899 / Walters Online is unable to fulfil its obligations.
13.2
While a Force Majeure continues to operate, Walters / Walters Opticians / Walters 1899 / Walters Online 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 Walters / Walters Opticians / Walters 1899 / Walters Online as terminated without further obligation to the other.
13.3
If Walters / Walters Opticians / Walters 1899 / Walters Online has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Walters / Walters Opticians / Walters 1899 / Walters Online will be entitled to charge you for that fulfilled part.
13.4
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Walters / Walters Opticians / Walters 1899 / Walters Online shall return to you the amount paid.
14 – Returns Policy
14.1 Refund / replacement
Walters / Walters Opticians / Walters 1899 / Walters Online will issue a full refund or replacement of goods in all instances where:
- prescription glasses/sunglasses or contact lenses are supplied to the wrong prescription/specification. See Warranty in Clause 8.1
- products are supplied damaged
- products ordered by you (and which are confirmed by Walters / Walters Opticians / Walters 1899 / Walters Online as available) either within 21 days of the dispatch date (a) do not arrive at the delivery address, or (b) in the case of prescription glasses/sunglasses ordered online, are not available for collection
- products you have ordered are returned to Walters / Walters Opticians / Walters 1899 / Walters Online as undeliverable by the postal service
- you exercise your cancellation rights and you have cancelled the Contract between us within the fourteen-day cooling-off period. Please see Clause 10
A refund or replacement will be issued to you following receipt by Walters / Walters Opticians / Walters 1899 / Walters Online of the returned goods. Such refund or replacement will be provided within 14 days of the date the returned goods are received.
14.2 All returns (except undeliverable items)
You should report immediately to Customer Service in the event you wish to return the goods for any of the reasons set out in Clause 14.1. Walters / Walters Opticians / Walters 1899 / Walters Online will issue you with a returns reference and advise you of the applicable returns address. Prescription glasses/sunglasses can be returned to the Walters / Walters Opticians / Walters 1899 / Walters Online store from where you collected them.
14.3
Please note that all returns (including where you exercise your cancellation rights) are to be returned with all component parts within 30 days of you receiving the goods. Please note the implications of Clause 14.6 that will apply for late returns.
14.4 Undeliverable items
If goods are returned to Walters / Walters Opticians / Walters 1899 / Walters Online as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by Walters / Walters Opticians / Walters 1899 / Walters Online of the goods, then a refund will be made within 14 days of that date.
14.5 Postal charges
Walters / Walters Opticians / Walters 1899 / Walters Online will pay the postal charge for goods returned under this Returns Policy.
14.6 Late returns
If we do not receive the returned goods within 35 days of your cancellation, we may make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation 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.
14.7
Walters / Walters Opticians / Walters 1899 / Walters Online may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.6.
14.8 Refunds
Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same payment details as supplied to pay for the goods. Walters / Walters Opticians / Walters 1899 / Walters Online reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
14.9 Defective goods
Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to Customer Service as soon as possible after the discovery of the problem.
If you have any questions regarding the returns policy please contact our Customer Service.
15 – Intellectual Property Rights
You may not use any of the Intellectual Property Rights in the Website or in our products without the express written consent of Walters / Walters Opticians / Walters 1899 / Walters Online – Walters 1899 Limited. See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.
16 – Changes to the Terms and Conditions of Purchase
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).
17 – Waiver
17.1
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.
17.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3
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.
18. Severability
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.
19 – Written Communications
19.1
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.
19.2
All notices given by you to us must be given to Walters / Walters Opticians / Walters 1899 / Walters Online Customers Service at info@waltersopticians.co.uk. 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.
20. Transfer of Rights and Obligations
20.1
The Contract between you and us is binding on you and us and on our respective successors and assigns.
20.2
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.
20.3
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.
21. Entire Agreement
21.1
Walters / Walters Opticians / Walters 1899 / Walters Online 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 set 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.
21.2
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.
21.3
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.
22. Jurisdiction and applicable law
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.
Contacting us
If you have any comments or concerns about material which appears on our Website, please contact:
Walters Customer Service
E: info@waltersopticians.co.uk
Last updated 2020
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