- These terms
These are the terms and conditions on which we supply products to you. Please read them carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.1 Who we are. We are Only The Blind Can See Limited, a company registered in England and Wales. Our company registration number is 10097509 and our registered office is at Queens Studios, 121 Salusbury Road, London, NW6 6RG, United Kingdom. Our registered VAT number is GB265857557.
2.2 How to contact us. You can contact us by writing to us at email@example.com or Only The Blind, Queens Studios, 121 Salusbury Road, London, NW6 6RG, United Kingdom.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address or telephone you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How you order products from us. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because the product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product(s) or because we are unable to meet a delivery deadline you have specified or we believe the order to be fraudulent.
3.4 We amend these terms from time to time. Every time you order products from us, the terms in force at the time of your order will apply to your purchase of products from us.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product(s) and any packaging may vary slightly from the images shown on our website.
5.1 Yours rights to make changes. If you wish to make a change to the products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7).
5.2 Our rights to make changes. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website at www.onlytheblind.com/pages/shipping.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. This will be as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless we agree a different date with you.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or left in a safe place or with a trusted neighbour as directed by you, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6.12 will apply.
6.6 Your legal rights if we deliver late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
6.6.1 we have refused to deliver the goods;
6.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
6.9 When you become responsible for the goods. The products will be your responsibility from the time we deliver the products to the address you gave us or you collect them from us.
6.10 When you own goods. You own the product once we have received payment in full.
6.11 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website, except in the circumstances of preventing fraud. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6.12 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.5 and 6.11, we will refund any money you have paid in advance for the products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.1.1 to 7.1.4 below the contract will end immediately and we will refund you in full for any products which have not been provided (including any delivery costs) and you may also be entitled to compensation. The reasons are:
7.1.1 we have told you about an upcoming change to the products or these terms which you do not agree to;
7.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
7.1.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6)).
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them or products which become mixed inseparably with other items after their delivery.
7.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the goods, unless:
7.4.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.4.2 Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us or, if they are not suitable for posting, allow us to collect them from you. Please email us at firstname.lastname@example.org for a returns address, return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 Costs of return. We will pay the costs of return if the products are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, there is an error in the pricing or description of the products, there is a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection, which will be notified to you at the time.
8.5 How we will refund you. We will refund you the price you paid for the products including (where appropriate) delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. Where you paid us in a currency other than pounds sterling, your refund will be to the same amount that you paid to us to you regardless of any variations in the exchange rate for that currency. We will not be responsible for refunding to you any bank fees incurred in making payment to us by a currency other than pounds sterling and we will not be responsible for refunding to you the costs of any currency exchange performed by your bank when the refund is made to you.
8.6 Deductions from refunds. If you are exercising your right to change your mind:
8.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop which includes wearing the products for a period of time in excess of that required to try the goods on. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount reflecting the loss in value of the products caused by you.
8.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer to your location (for example, if we offer delivery of a product within 2-4 days at one cost but you choose the next day delivery option at a higher cost, then we will only refund you for what you would have paid for the cheapest delivery option to your location).
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, otherwise it will be within 14 days of your telling us you have changed your mind.
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or Only The Blind, Queens Studios, 121 Salusbury Road, London, NW6 6RG, United Kingdom.
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The following is a summary of your key legal rights in relation to the product. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
9.2.1 up to 30 days: if your item is faulty, then you can get a refund.
9.2.2 up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
9.2.3 up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
Nothing in these terms will affect your legal rights.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or, if they are not suitable for posting, allow us to collect them from you. We will pay the costs of postage or collection (where the product is not suitable for posting). Please email us at firstname.lastname@example.org for a return label or (where appropriate) to arrange collection.
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 10.4 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.5 When you must pay and how you must pay. We accept payment with PayPal, Visa, Visa Debit, Mastercard and Maestro. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
10.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2 and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.1 How we will use your personal information. We will use the personal information you provide to us:
12.1.1 to supply the products to you;
12.1.2 to process your payment for the products; and
12.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.