Terms & Conditions
Welcome to the Primframes terms and conditions, which apply to all products ordered from primframes.com. Please read through our terms and conditions carefully before placing an order. By using this website and/or placing an order you agree to be bound by the terms and conditions outlined on this page.
1. Use of Website
1.1 You are authorised to access primframes.com and permitted to place orders using our website in accordance with our terms and conditions.
1.2 Material on this website must not be republished online or offline without prior written permission.
1.3 We take all reasonable steps to ensure that primframes.com is available twenty four hours a day, every day of the year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if our website is unavailable at any point in time.
1.4 The copyright and other intellectual property rights in all material on this website are owned by us or by our licensors and must not be reproduced without our prior consent.
2. Website Registration
2.1 By registering as a member of primframes.com, or by signing up to our newsletter, you agree to the following:
2.2 All personal information you provide must be up to date accurate information related to yourself and yourself only. You are not authorised to impersonate anyone else's information or to use any improper names that you do not have permission to use.
2.3 Your account records/details must be updated if any changes to your information occur. In this event you must contact us via email immediately.
3. Our Rights
3.1 We reserve the right to change these terms and conditions and to modify/remove the website or any part of it with or without prior notice without being held liable to you or any third party/s for any website modifications.
3.2 You agree to abide by the most recent version of our terms and conditions, which may be updated with or without prior notification, each time you view and use primframes.com. You are accordingly advised to consult the terms and conditions each time you view and use our website and must refrain from using our website if you do not agree to all of our outlined terms and conditions.
4.1 You agree to indemnify, defend, and hold us (us referring to our directors, agents, employees and suppliers) harmless from any and all liability, penalties, losses, damages, costs, expenses, legal fees, causes of action or claims caused by or resulting indirectly from your use of our website. This indemnification and hold harmless agreement extends to all issues associated with the use of our website, the use of your shopping account, and any issues with any other person/s accessing the website using your account and/or your personal information.
5. Orders and Specifications
5.1 Goods offered for sale on our website are subject to availability and subject to the seller's acceptance of the order being placed. When an order is placed, the customer enters into a contract with the seller in accordance with the conditions outlined on this website. When purchasing any goods from our website, the goods can either be held by ourselves or by our suppliers. In the event that an item is being held by our suppliers, we will reorder that purchased item, which could result in the delivery process taking up to fourteen business days to arrive at the specified location. primframes.com reserve the right to accept or decline orders and no order will be accepted by us unless unconditional confirmation has been outlined in writing by us. If we accept an order and are then unable to send the item/s for reasons out of our control, the user agrees to accept a full refund of the amount paid as a final settlement for any non-delivery claims.
5.2 All orders will be delivered within 30 days of the original order date as per the distant selling regulations that primframes.com comply with. If for any reason this time period is exceeded for, you will receive an email notification explaining the delay and offering the option to cancel the order. This guarantee does not apply for orders where a delivery attempt has taken place and nobody has been able to sign for the goods being delivered.
5.3 The user must agree that all information provided to us in relation to prescription specifications is correct, as failure to do so will result in the order not being processed. If any one person's prescription details do not include a PD (Pupillary Distance) then the average PD will be assumed.
5.4 The Primframes optical team cater for prescriptions with a sphere (SPH) between +7.50 and -7.50, and a cylinder (CYL) between +2.00 and -2.00. When ordering prescription glasses, a time scale of five to seven working days is added to the delivery time of your order when ordering within the UK. Delivery times for international orders vary depending on the location. Please refer to our delivery page at the following address for further details: http://www.primframes.com/pages/delivery.
Prescription lens orders received between the 22nd of December and the 3rd of January will not be processed until the 3rd of January. Non-prescription orders will be processed as normal.
Note: When ordering tinted prescription lenses (e.g. prescription sunglasses) please be advised that the lens' tint may vary slightly in comparison to the colour shown on the product's page. This slight variation is often due to the dying process that follows the creation of prescription lenses, as all prescription lenses are first crafted using clear Plano lenses.
5.5 The user confirms he or she is above the age of sixteen when purchasing goods from primframes.com.
5.6 We as the seller reserve the right to make minor modifications in the design and specification of our goods without prior notice. Any published literature that is submitted to you containing any specifications, descriptions, drawings or prices in connection to our goods is published or submitted for guidance only. In the event of any major modifications, including material modifications, the user will be notified and will therefore accept these changes unless put in writing by the user within seven days of delivery.
6. Basis of Sale
6.1 The terms and conditions outlined on this website, including any terms and conditions outlined on any product pages, will govern the contract to the exclusion of any other terms, including any terms and conditions which the user may claim to apply under any purchase order, confirmation of order or other document and that by placing any order the user accepts that any business carried out thereunder will be subject to these terms and conditions. Any variation of these terms and conditions, including any terms and conditions outlined on any product pages, will only bind the seller if agreed in writing between authorised representatives of the user and the seller.
6.2 Nothing in these terms and conditions shall operate to deny or limit any rights of or the seller's liability to any user who is a consumer, which rights such user has at law. In the event of conflict between the terms of the contract and any such rights, the latter shall prevail in favour of the user being a buyer who does not purchase goods in the course of any kind of business.
6.3 The seller's employees do not have permission to make any representations concerning the goods unless confirmed in writing by the seller. In entering into any contract and in accepting delivery, the user accepts that it does not rely on any representations concerning the goods which are not confirmed in this way.
7. Product Cost and Payment
7.1 The user will pay the retail price/product cost shown on our website along with an amount equal to VAT chargeable on the sale of our products in accordance with the procedures set out on our website.
7.2 While the user can choose to display prices in a variety of currencies, users will checkout using GBP at the most current exchange rate available.
8.1 The location for the delivery of our goods is agreed between us (the seller) and the user and is shown on the order confirmation after the user has completed their order. Estimated delivery dates will only ever be provided as an indication of when the goods may arrive. We (the seller) will not be held liable for any expenses or losses caused by delays in the delivery of our goods regardless of how the delay came in to being, as the delivery time is not critically important of the order and order conformation.
8.2 The user must sign for their ordered goods upon receiving them by signing the collection acceptance/proof of delivery document provided by the carrier. A signature on that document will establish conclusive evidence against the user of receipt free from any noticeable damages or deficiencies from any of the products/goods delivered. Users are advised to reject the delivery of their ordered goods if the products/goods do have any damage or defect apparent on receipt so that courier service can return them. We reserve the right to make delivery of our goods by installments and users may not reject a delivery on the grounds that a full order has not arrived. Some of our orders may be sent in installments, in which case each delivery will constitute a separate order/order confirmation.
8.3 In the event of failing to take delivery of an order, we as the seller reserve the right to store the goods until actual delivery and to then charge the user for the cost of storage and insurance as well as any additional incidental costs. In addition to this (and any other rights available to us as the seller), we reserve the right to sell our goods/products at the best readily obtainable price and may therefore charge the user for any deficiency below the price once all storage and selling costs have been deducted. It is the user's responsibility to advise us of any order cancellations, delivery postponements, order cancellations and order alterations in writing. In the event of this happening, we as the seller reserve the right to charge the user for any costs incurred, which in some cases may cost up to 75% of the cost of the product/s being altered, postponed or cancelled. Users must not return their ordered goods to us with the exception of the conditions outlined in section 9.2.
8.4 Delivery times may vary for parts of Northern Ireland, the Republic of Ireland and some areas of the Highlands. Orders that contain both prescription and non-prescription glasses will be sent in the same parcel using the prescription delivery time scale.
8.5 Most parcels sent worldwide will reach their destination within two weeks, however, some destinations may require additional time allowed for parcels to arrive. If you cannot find the country you live in using our country drop down menu at checkout, unfortunately we do not currently delivery to that location.
8.6 All Primframes orders are sent from the UK. We are unable to change your delivery address once your order has been dispatched. Any import duties and taxes are charged once the parcel has reached the destination country and these charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges as customs policies vary by country. For this reason, it is advised that any questions related to customs and charges must be directed to your local customs office.
9.1 The seller (Primframes) does not offer returns or exchanges on prescription services as well as sale or promotional products/goods (e.g. purchases made using a discount code or after purchasing an on sale item).
9.2 Any returned orders e.g. items of goods sent back from the user to the seller, must be returned with the original packaging in an undamaged and unused condition, unless being returned due to a fault discovered upon using the goods. All returned goods/items, with the exception of faulty goods, must be received by the seller in its original packaging. If goods are not received by the seller in its original packaging, then we (the seller) reserve the right to refuse either a portion of the refund or the entirety of it which would otherwise be owed to the user depending on the nature of the return.
Depending on the reason of return, the seller offers to refund and/or exchange on all goods up to thirty days from the date of which the goods/items were purchased. All returns must be tracked or register posted to the address outlined below within two weeks of receiving an order.
The user agrees that the cost of returning goods to us must be borne by themselves and that faulty goods must be sent to our returns address as soon as possible in order for us to process a refund or exchange - Note: A refund or exchange will only be provided if a customer receives damaged goods in the post, not if an item is damaged by the user or by any other accidental occurrence after receiving an order. The Seller does not take any responsibility for lost goods that are not tracked or registered when being returned. We request that users refrain from returning goods by courier as we will not accept full courier charges. All returns must be tracked or register posted to the following address:
10. Orders/Product purchases
10.1 Orders and order confirmations are concluded in English.
10.2 In the absence of negligence on our part we cannot be held liable for any loss you may incur if a third party acquires unauthorised access to any data you provide us with when accessing or ordering from primframes.com. However, we will take all reasonable care, in so far as it is in our power to do so, to keep your payment and order details secure.
10.3 The creation of an order requires the user to first become a registered user of primframes.com, and to then follow the technical steps outlined below in order to fully complete the order:
You place the order of our products on our website by pressing the confirm order button at the end of the checkout process. On our website, you will then be guided through the process of placing an order by a series of straightforward instructions.
Shortly after this, we will email you acknowledgement of your order outlining any details of the products you have ordered. Please note that this order acknowledgement email is not an order confirmation or order acceptance email.
Due to the fact that our goods are shipped from our warehouse, we will send you an order dispatch confirmation email with the exception of prescription services as the goods are first sent to our optical lab.
Order acceptance and the completion of the order contract (between the user and the seller) will take place on the dispatch of our goods to the location you provided us with. This is unless we have notified the user that we cannot accept an order, or if the user has cancelled the order in accordance with our terms and conditions.
10.3 The result of non-acceptance of an order may be due to any of the following reasons; the user does not meet the eligibility to order our products based on our terms and conditions, the product you ordered is out of stock, we cannot acquire payment authorisation for your order or a product description pricing error is noticed.
10.4 When cancelling an order, notice of the wish to cancel must be made to us in writing as soon as possible. The user has the right to do so in the case of faulty or defective goods at the earliest possible opportunity after the user has noticed the defect/fault. This is provided that the user shall be deemed to have inspected the ordered product/s as soon as reasonably practicable after delivery and provided that the fault or defect is not minor or trivial and is capable of rectification, and if so rectified, by the us at our own cost. In the case of cancellation,the Seller reserves the right to deduct from any credit due to the user (or to charge the user, as the case may be) a sum equal to the normal delivery charge applicable to the goods in regard to re-delivering the goods to the seller. Other than that, the Seller shall refund to the user all sums paid (including initial delivery charges if any existed) in respect of the goods in question.
11.1 Any notice given or made in connection to an order will be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this clause). Addressed notices will be deemed to have been duly given or made as follows; if sent by personal delivery, upon delivery at the address of the relevant party; or if sent by first class post, two clear business days after the date of posting. For the purpose of the order, notices will be given to the seller at its address set out in condition, for the attention of the company secretary. Notices will be given to the user at the address to which our goods have been delivered.
11.2 The Seller and the user may notify each other of a change in their name, relevant addressee and address for the purpose of condition. This notification will only be effective on the date specified as the date on which any changes are due to take place; or if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given. This clause will not apply in relation to the formal service of any court documentation or other document arising in connection with any order disputes.
12.1 Nothing in this condition (no. 12) shall limit or exclude any liability of the seller for death or personal injury caused by the seller's negligence except as provided in this condition 12; the seller will not be liable to the user for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection to any sale of our goods or their use or resale by the user. The seller will have no further liability to the user/buyer in respect of the matters referred to in this condition. The Seller will not be liable for short delivery or defective goods unless notice is given to the seller in writing (in accordance with condition no. 11) within seven days of delivery and the seller will not be liable for any defective goods unless the seller receives notice in accordance with condition no. 11 within seven days of the user becoming aware of the defect or, where upon reasonable inspection of the goods, the user should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the seller may, in its sole discretion, replace the goods (or the part in question) or refund to the user the price or an appropriate proportion of the price depending on the claim.
12.2 The seller will in no way be liable for any damages, losses, expenses or costs (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under the terms and conditions outlined on this website. The seller is also in no way liable for any event or circumstance outside our reasonable control, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of god.
13.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. When you shop on primframes.com, we will ask you to input and will collect personal Information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled to do so. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
13.2 We confirm that any personal Information which you provide us with (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the purpose of; gathering statistical or survey information for improving our services, processing our customer's orders, to administer our website, to serve website content and advertisements to our website visitors.
13.4 If you consent for us to notify you of any products or special offers that may be of interest to you, then you agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
14. Property and Risk
14.1 Risk of damage to or loss of our goods will pass to the user on delivery at the agreed address. Property in the goods will not pass from the seller until the seller has received in cleared funds full payment of the price and all other sums which are due, owing or payable by the user to the Seller in respect of any placed orders or any other contract between the seller and the user.
15. Links from third parties
15.1 To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy practices of such websites, the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
16. Product Descriptions
16.1 The seller will take all due care to ensure that product descriptions, details and prices shown on primframes.com are precise at the time when the relevant information was input onto the system.
16.2 Products being sold on primframes.com are sold subject to their product description. The product descriptions include further conditions in relation to that particular product e.g. terms and conditions regarding delivery estimation times and dates, after-sales service, warranties and guarantees (without limitation to any mentioned examples).
16.3 Despite the fact that our goal is to keep primframes.com as up to date as possible, the information provided at a particular time may not always reflect the position exactly at the moment an order is placed. The seller can therefore not confirm a product's price until an order is accepted in accordance with our order acceptance procedure and policy.
17.1 If any part of the conditions are considered void, unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the enforceability and validity of any of the remaining provisions included in our conditions.
18. Compliance with any laws
18.1 You agree to comply with all applicable regulations, statutes and laws regarding this website and any transactions conducted on or through primframes.com. The website may be used only for lawful purposes and in a lawful manner.
19. Right to use and Intellectual property
19.1 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
19.2 You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.
19.3 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to purchase our goods) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of primframes.com is strictly prohibited.
20.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21. Limitation of liability
21.1 While we will use reasonable endeavors to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
21.2 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our products. This does not affect your statutory rights as a consumer, nor does it affect your order cancellation rights. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
21.3 We will not be liable, in contract, tort (including, without limitation, negligence), pre- contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
21.4 Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
22.1 Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
23. Entire agreement
23.1 These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the conditions (including any terms and conditions outlined else where on our website e.g. a product's page or the Delivery page), you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
24.1 The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
25.1 For digital correspondence, please go to http://www.primframes.com/pages/contact-us and fill in your name, your email, your telephone contact number and your message. Please be advised that a member of the Primframes team will respond as soon as possible.
25.2 Address: Primframes,18 Ashleigh, Stevenage, Hertfordshire, United Kingdom SG2 9UP.
26. Discount and Promotional Codes
26.1 The conditions of use relating to any discount and or promotional codes will be specified at the time of the discount/promotional code being issued. Promotional discount codes may be offered and may apply in respect of any, or certain specified, purchases made though primframes.com and the conditions of use in connection to any discount and or promotional codes.
26.2 A promotional code cannot be used after an order has been placed and only one promotional code can be used per order.