Waldo Terms And Conditions
Welcome to our web site www.hiwaldo.com (the "Website"). Your use of the Website and purchase of any products ("Products") from the Website is at all times subject to these terms and conditions ("Terms and Conditions").
Please read these Terms and Conditions carefully. By accessing and using the Website, you agree to be bound by the Terms and Conditions. If you do not agree to all or any part of the Terms and Conditions, please do not use our Website.
1. Who are we?
This Website is owned and operated by Ainsly Limited ("we" or "us"), a private limited company incorporated in England and Wales with registered company number 10588575 and registered address at 71-75 Shelton Street, London WC2H 9JQ. All sales of Products made through this Website are made by Ainsly Limited.
2. When and how we can make changes
3. Privacy and Cookies
Your use of the Website is subject to our:
(b) Cookies Policy, which explains how we handle cookies or other device identifiers collected when you access our Website.
4. Permitted use
You must not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you will:
(a) take reasonable precautions against viruses or other damaging properties (such as using your own virus protection software);
(b) not seek to copy, reproduce, modify or tamper with the Website in any way;
(c) not damage or affect our Website systems or security or interfere with other users, or restrict or inhibit anyone else’s use of the Website or rights in connection with the Website;
(d) not use the Website to transmit any material that is defamatory, offensive, unlawful or otherwise objectionable;
(e) not collect data from our Website or our systems or attempt to decipher any transmissions to or from the servers hosting our Website; and
(f) not access and/or use the Website or content made available through the Website, for any business or commercial purpose whatsoever.
5. Intellectual property rights
All content and material made available on or through the Website, including but not limited to trade marks (whether registered or unregistered), service marks and logos, belongs to us or is used by us with the permission of the owner. You have no rights in, or to, the Website, its content or the material within it, except where we state otherwise. We reserve all other rights.
6. Linking to our Website
You may link to the Website home page (solely for your personal use) provided it does not damage our reputation or take advantage of it or in a way that suggests any form of association, approval or endorsement on our part where none exists. Linking for any commercial or business purpose is not permitted.
7. Links to third party websites
The Website may contain links to other websites and other digital content ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not mean that we endorse or recommend those sites or associate with their operators.
8. Uploading content to our Website
There may be instances in which you upload content to the Website. If you upload any content to the Website you confirm that:
(a) you own the content or you have the legal right to use the content;
(b) use of the content will not breach any other person’s rights; and
(c) you are solely responsible for the content and the consequences of publishing it.
If you upload any content that we reasonably consider to be offensive, harmful, inaccurate, unlawful or inappropriate, we may remove or alter this content or take any other action we decide is appropriate.
9. Your reliance on this Website or its content
The Website is available free of charge and "as is" and we do not give you any guarantee as to how you may use it or what it will allow you to do. We try to keep all the information on the site as up to date as possible but errors may sometimes occur.
We may suspend, withdraw or restrict the availability of all or any part of our Website at any time, without notice to you. We cannot guarantee that the Website will operate continuously, without any interruptions or errors due to the connection to the Internet.
10. How to place an order
Our Website will guide you through the process you need to follow to place an order.
Your order will be placed when you click on the "Checkout" button at the end of the checkout process. Before placing your order you will be required to tick a box confirming that you accept these Terms and Conditions.
Your order is an offer by you to purchase the Products specified in the order. By placing your order you are agreeing to purchase the Products in the order in the event that we accept your order.
By placing an order, you confirm that:
(a) you are aged 16 or over and legally capable of entering into a binding contract;
(b) the information you have provided in connection with your order is complete and accurate;
(c) you have a valid prescription for the Products that you wish to order, which has been issued to you by a qualified Optometrist or Dispensing Optician;
(d) your prescription has not expired (and is not due to expire during the period for which the Products have been ordered) and is not more than 12 months old;
(e) the prescription details that have you entered in the order match those in the prescription issued to you;
(f) you consent to us contacting your prescribing Optometrist or Dispensing Optician to verify your prescription details or obtain a duplicate copy of your prescription;
(g) the Products in your order are for your own use only;
(h) you are not registered as blind or partially sighted;
(i) you will use the Products strictly in accordance with the information and instructions provided with the Product and any advice provided by your Optometrist or Dispensing Optician;
(j) [you will discuss any queries relating to your prescription or your use of the Products with your prescribing Optometrist or Dispensing Optician and
(k) you will inform us immediately of any changes to your prescription details or any other information that you have provided to us.
11. When the contract is formed
Once you have placed your order, we will send you an email acknowledgement. We will then verify your payment method and, if we accept your order, we will confirm acceptance of your order by email. When we send the order acceptance, a contract will be created between you and us and be subject to these Terms and Conditions.
Your order acceptance will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.
12. When we may refuse an order
We may reject your order if:
(a) the Product(s) you have chosen are not in stock;
(b) we cannot obtain authorisation for your payment;
(c) there has been a pricing or product description error;
(d) the information you have provided is incomplete, inaccurate or incorrect;
(e) it appears that the order mistakenly duplicates another;
(f) your order does not meet a minimum order value;
(g) the order appears to be for commercial use; or
(h) you are located, or request delivery to, an address outside of the United Kingdom.
13. Prices and availability
The price for your Products will be indicated on the Website. All prices are quoted in pounds sterling and include VAT at the prevailing rate. We may change the advertise price on our Website at any time. Any such change will not affect orders that have already been accepted.
We try to ensure that all the prices shown on the Website are accurate, however sometimes errors do occur. Where a product's correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.
If a product you have ordered is not in stock, you will receive an email notifying you when the product will be available and your current order will be cancelled.
14. How to pay
You can pay for products using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We will take payment or charge your credit card once your order has been accepted.
By providing details of a credit or debit card you confirm that you are authorised to use that payment method and you authorise us (or our third party payment processor) to charge your payment method for the total amount of your order.
We will send you a confirmation email once your Products have been despatched.
We will deliver your Products to the address provided by you in your order.
We will use our reasonable endeavours to deliver your Products by the estimated delivery date or period stated in the order acceptance, or if no date is specified, within  days of the date of the despatch confirmation email. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to rearrange delivery.
You have the right to cancel the contract and receive a full refund in circumstances where:
(a) your delivery is later than agreed and you indicated at the time of placing the order that it was essential that it was delivered on time; or
(b) we notify you that we will not be able to deliver within the delivery period specified in the order acceptance and we are unable to agree an alternative delivery date with you.
16. Delivery charges
The prices shown on the Website do not include delivery charges; these will be shown separately on our Website at the checkout stage before you place your order.
We reserve the right to charge you a reasonable additional amount if you are not available to accept the delivery and it is necessary to re-deliver your Products.
17. Amending your order
If you wish to amend your order, please contact us by telephone or email as soon as possible. We will amend your order where possible but reserve the right not to accept the amendment at our discretion. If we do not accept the amendment, you may cancel the contract if you wish. Any amendment to an order will only be binding once accepted by us in writing.
18. Returns and refunds
We aim to ensure that all Products supplied to you arrive in perfect condition. If your parcel shows signs of damage at the time of delivery then please do not accept delivery.
You can cancel the contract for any reason (for example if you have changed your mind or no longer need the Product) at any time within 14 days of receiving the Product by notifying us by telephone or email (see clause 22 below). We will refund the cost of the Product and any delivery charges. You will be responsible for any costs of returning the Product to us.
If you are returning a Product because we have sent the wrong item or the item is faulty, you can ask for a refund or a replacement at any time within 30 days of delivery of the Product. We will refund the cost of the Product and any delivery charges. We will also reimburse your reasonable costs of returning the Product.
We ask that Products are returned to us with their original packaging and with any tags or seals intact. Please do not remove any tags or seals unless you are certain that you intend to keep the Product. In the event that any seals or tags are removed or tampered with, we reserve the right not to accept the return of that item nor refund the cost of this item to you.
Where payment has already been taken, we will credit your payment card with the amount of the refund due within 30 days of the date you return the Products to us.
Nothing in these Terms will affect any other legal rights that you may have. For further information about your legal rights, please contact your local authority trading standards department or the Citizens Advice Bureau.
19. Risk and title
Ownership of the Products will pass from us to you on the later of the date the Products are delivered to you or the date we receive full payment in respect of the Products (including any delivery charges payable) from you.
Risk in the Products will transfer to you at the time they are delivered to you.
20. Our liability to you
We will use reasonable skill and care to ensure that the Website is safe and secure and does not contain viruses and other damaging materials, however we cannot guarantee that this will be the case. If you suffer loss and/or damage in connection with the use of the Website or are dissatisfied with any part of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
Our liability in connection with any Product that you have purchased from us is limited to the price that you paid for that Product.
These Terms and Conditions do not limit or exclude:
(a) our statutory liabilities which cannot be excluded by law;
(b) our liability for death or personal injury resulting from our negligence; or
(c) our liability for fraud or fraudulent misrepresentation.
21. Other important terms
21.1 If we reasonably believe that you have breached these Terms and Conditions, we may take such action as we consider appropriate, including but not limited to withdrawing your right to use the Website.
21.2 We may transfer our obligations under the contract to another organisation, but this will not affect your rights or our obligations to you under these Terms and Conditions.
21.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.5 Each of the clauses of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
21.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.7 Please note that these Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may bring legal proceedings either in the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring legal proceedings in the Scottish or the English courts.
22. Contact us
If you have any queries or complaints about this Website or our Products, please [email us at firstname.lastname@example.org or visit the Contact Us section of the Website].
These Terms and Conditions were last updated on: 21 July 2017