TERMS AND CONDITIONS OF SALE OF SERVICES

Background

  • These Terms and Conditions are the standard terms which apply when a customer places an order for services and On Call Opticians (“the Trader”) accepts the order and the contract is made “off the premises” of the Trader.
    These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

Definitions and Interpretation

    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
  • “Agreed Times”means the times which You and We agree for the Service Provider to have access to the Property to complete the Job [as specified in the Agreement];
  • “Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];
  • “Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
  • “Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
  • “Deposit” means the deposit You will be required to pay in accordance with Clause 5;
  • “Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
  • “Job” means the complete performance of the Services;
  • “Model Cancellation Form” means the model cancellation form attached as Schedule 2;
  • “Order” means Your initial request for Us to provide the Services as set out in Clause 4;
  • “Products” means the products required for the provision of the Services which We will supply (if any) as specified in the Agreement;
  • “Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
  • “Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
  • “Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
  • “Service Provider” means Us or Our employee who will be responsible for providing the Services;
  • “Services” means the services We will provide as specified in the Agreement;
  • “Start Date” means the date You and We agree on for Us to start providing the Services as specified in the Agreement;
  • “Visit” means any occasion, scheduled or otherwise, on which the Service Provider visits the Property to provide the Services;
  • “We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the Trader;
  • “You/Your” means a Consumer who is a customer of the Trader.
  • Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.
  • Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
  • Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
  • Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
  • Words signifying the singular number will include the plural and vice versa.
  • References to any gender will include the other gender.
  • References to persons, unless the context otherwise requires, include corporations.

Information about Us

  • We are a Sole Trader.
  • [We trade under the name On Call Opticians.]
  • [We are registered by NHS England.]
  • [Our registered office is at 61 Trafalgar Road Tividale Oldbury West Midlands B691 RE.]
  • [Our main trading address is from our registered office.]
  • [We are regulated by NHS England and the General Optical Council.]

Communication and Contact Details

  • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01384 234 779 or by email at info@oncallopticians.co.uk.
  • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
  • Contact Us by email at info@oncallopticians.co.uk; or
  • Contact Us by post at On Call Opticians, 61 Trafalgar Road Tividale Oldbury West Midlands B69 1RE.

Orders

  • We accept orders for Services through telephone and online.
  • When placing an Order You should set out, in detail, the Services required. [We will provide You with an order form containing prompts for all required information.][All such details are set out in the Agreement.]
  • Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post or via telephone. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).
  • You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class post.

Deposit

  • At the time of accepting the Quotation or not more than 7 days thereafter You must pay Us a Deposit. The Deposit will be 30% of the quotation fee. We will not confirm an Order until the Deposit is paid in full.
  • The Deposit is non-refundable except as set out in Clauses 12, 13 and 14.

Fees and Payment

  • The Quoted Fee will include the price payable for the Services and for the estimated Products required.
  • We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum.
  • If the price of Products or services increases during the period between the Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee.
  • The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
  • We will invoice You when the Job has been completed.
  • You must pay any invoice within upon completion. If this is to be settled by a relative, power of attorney or appointee, then within 14 days of receiving it.
    We accept the following methods of payment:
  • Cash
  • Cheque;
  • Online tranfer;
  • Card.
  • If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 4% above the base rate of Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
  • If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

Services

  • We will provide the Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
  • We may provide sketches, impressions, samples, plans or similar items in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
  • The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.
  • We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
  • We will ensure that We comply with all relevant codes of practice.
  • 7.6 We will ensure that no parts of the Property suffer damage as a result of Our provision of the Services[, except for unavoidable damage that we have advised you in advance may occur]. We will make good any [unanticipated] damage that occurs at no additional expense to You as soon as is reasonably possible.
  • We will properly dispose of all waste that results from Our provision of the Services.

Guarantee

  • We guarantee that the product of the Services provided will be free from material defects for a period of 6 months following completion of the Job.
  • If any defect in the product of the Services appears during the guarantee period set out in sub-Clause We will rectify the defects free of charge

Your Obligations

  • If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Services.
  • You will ensure that the Service Provider can access the Property at the Agreed Times to provide the Services.
  • You must ensure that the Service Provider has access to electrical outlets and a supply of hot and cold running water.
  • You must give Us at least 48 hrs notice if You do not require the Service Provider to provide the Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 48 Hrs notice is given We will invoice You at the normal rate.

Complaints and Feedback

  • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
  • All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.oncallopticians.co.uk or you can request this to be posted following
  • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
  • In writing, addressed to NS Hunjan, Optometrist in Charge On Call Opticians 61 Trafalgar Rd Tividale Oldbury West Midlands B69 1RE
  • By email, addressed to NS Hunjan, info@oncallopticians.co.uk
  • Using Our complaints form, following the instructions included with the form; The complaints form can be dowloaded from our website www.oncalloptcians.co.uk
  • By contacting Us by telephone on 01384 234 779

Changing the Start Date

  • We will where reasonably possible agree a revised Start Date with You;
  • If it is not possible to agree a revised Start Date either You or We may terminate the Agreement
  • If We ask You to change the Start Date, You may either:
  • agree a revised Start Date with Us; or
  • terminate the Agreement

Cancellation of Contract During the Cooling Off Period

  • Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between the You and Us is formed and ends at the end of 14 calendar days after that date.
  • If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
  • To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
  • If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
  • We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
  • We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
    If the Start Date falls within the cooling off period You must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. [This request forms a normal part of the ordering process.] By making such a request You acknowledge and agree to the following:
  • If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
  • If You cancel the Agreement after provision of the Services has begun You will be required to pay for the Services supplied up until the point at which You inform Us of Your wish to cancel;
  • The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis;
  • We will process any refund within 14 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
  • Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

Cancellation Before the Start Date

    In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date as follows:>
  • If You cancel the Job before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
  • The Job is Started upon placing the Order.
  • If You cancel the Job less than after the Start Date We will retain from the Deposit a sum to cover any net financial loss that We suffer due to the cancellation.
    We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
  • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.
    If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

Termination

  • You may terminate the Agreement with immediate effect by giving Us written notice if:
  • We have breached the Agreement in any material way and have failed to remedy that breach within 21 days of You asking Us in writing to do so;
  • We enter into liquidation or have an administrator or receiver appointed over Our assets;
  • You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement
  • We are unable to provide the Services due to an event outside of Our control
    We may terminate the Agreement with immediate effect by giving You written notice if:
  • You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
  • You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
  • You and We have been unable to agree a revised Start Date under Clause 11.1;
  • We have been unable to provide the Services for more than 42 weeks due to an event outside of Our control (see Clause 16).
  • For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party.
    In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

If at the termination date:

  • You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
  • We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

Effects of Termination

    If the Agreement is terminated for any reason:
  • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
  • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

Events Outside of Our Control (Force Majeure)

  • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.
    Such causes include, but are not limited to: illness, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms,
    earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
  • We will inform You as soon as is reasonably possible;
  • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
  • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
  • You or We may terminate the Agreement

Liability

  • We will not be responsible for any loss or damage that is not foreseeable.
  • We will maintain suitable and valid insurance including public liability insurance.
  • We provide Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
  • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Services.
  • Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Service Provider) is limited to £100.00
  • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Service Provider.

How We Use Your Personal Information (Data Protection)

  • All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
    We may use Your personal information to:
  • provide the Services to You;
  • process Your payment for the Services;
  • inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
  • In certain circumstances (if, for example, You wish to pay for the Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
  • We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].

Other Important Terms

  • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
  • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
  • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
  • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
  • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
  • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

Law and Jurisdiction

  • These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
  • Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.

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