If you have difficulty reading this page, you must contact us before you
place your order.
These Terms set out the rights and obligations that apply where we supply
goods to you. Please read them carefully before you place your order as you will
be bound by these Terms if we accept your order. If you have any queries
regarding these Terms (or the order form) please raise them with us as soon as
possible and in any event before you place your order.
Gayatri optical TERMS AND CONDITIONS OF SUPPLY
Any Order and subsequent purchase of Goods (as defined below) from Gayatri
optical shall be governed by the following terms and conditions. Please read
them carefully.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1. In these Conditions:
“Gayatri optical” means having offices at 52/ 621, hariom Apart, new Vadaj,
Ahmedabad, trading under the name www. Gayatri optical
“Goods” means those products made available by Gayatri optical that you wish to
purchase, as indicated in your Order.
“Order” means orders placed in accordance.
“Site” means the website owned and operated by Gayatri optical with URL address
http://www.Gayatrioptical.com
2. Customer Obligations
2.1 By submitting your Order you warrant, represent and undertake:
2.1.1 that you are aged 16 or over and are not registered blind or registered
partially sighted and are not ordering on behalf of another person;
2.1.2 that you are in possession of a written prescription for your spectacles,
and that such prescription has been given to you by a registered medical
practitioner or registered optometrist (“your optician”) following the testing
of sight by him or her within the last twenty-four months if you are under 70
years old, or within the last twelve months if you are aged 70 or over, and that
any recommended retest date has not elapsed;
2.1.3 if sending Gayatri optical your existing spectacles to be copied, that the
spectacles sent to Gayatri optical are made to your written prescription
referred to in Clause 2.1.2;
2.1.4 to supply, full, accurate and complete details of your current
prescription (including any notes on the prescription) or a copy of your
original prescription when requested, and any contact details as given to you by
your optician;
2.1.5 that you know of no reason why the Goods may not be suitable for your
requirements;
2.1.6 if you have worn spectacles before and have experienced any problems with
the spectacles, to provide us with accurate and complete details of such
problems;
2.1.7 to provide any details reasonably requested by Gayatri optical to confirm
that you are eligible to purchase the Goods;
2.1.8 that you are acting in your capacity as an individual consumer and the
Goods or any part of the Goods shall not be used for resale or for anything
other than your own personal use;
2.1.10 that you are the authorised holder of any credit/debit card you may use
on the Site.
3. Orders for Goods
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site;
3.1.3 by completing a mail order form in the current mail order catalogue,
(which may also be downloaded from the Site) and posting it to A/94, Sanjay
tower, Shyamal Cross Road,Satellite, Ahmedabad- 380015.
3.2 Your submission of the Order, whether submitted via the Site, by telephone,
or post represents an offer to purchase the Goods from Gayatri optical, Gayatri
optical may confirm receipt of this offer via email (if the Order is placed via
the Site) or verbally (if the Order is placed via telephone). Any confirmation
of receipt of the Order will not constitute an acceptance by Gayatri optical of
your Order.
3.3 There will be no binding contract between you and Gayatri optical for the
supply of Goods until the Goods have been dispatched to you by Gayatri optical.
3.4 You may change your Order at any time until the Goods are dispatched by
contacting Gayatri optical by email, telephone or post. You must let us know of
any changes as soon as possible, because we process orders very rapidly.
4. Limitations of Supply
4.1 Gayatri optical shall make every effort to ensure that all Orders are
fulfilled, however we cannot guarantee the availability of Goods. If the Goods
you have ordered are unavailable, Gayatri optical will contact you to give you a
choice to receive a replacement or a refund. If Gayatri optical receives no
response from you, Gayatri optical may, at its absolute discretion, provide
replacement Goods of an equivalent quality and/or specification or cancel the
Order and provide a refund.
4.2 Gayatri optical tries to ensure that the Goods supplied match the
descriptions provided on the Site or in our current mail order catalogue. Whilst
Gayatri optical tries to ensure that there are no changes to the Goods to be
supplied, it is possible that there might be some minor variations to the
description and/or specification of the Goods which arise by virtue of changes
made by the manufacturers of the parts supplied which form part of the Goods.
4.3 Gayatri optical shall, on the advice of its supervising opticians, have
absolute discretion as to whether or not to accept an Order.
4.4 If considered necessary or appropriate before an Order is accepted, Gayatri
optical’s supervising opticians shall have absolute discretion:
4.4.1 to contact you to discuss your Order, provide advice and/or arrange a free
face-to-face consultation with you; or
4.4.2 to contact the registered medical practitioner or registered optometrist
who provided your prescription to verify and/or discuss your prescription.
4.5 If considered necessary or appropriate by one of Gayatri optical’s
supervising opticians, Gayatri optical may as a condition of acceptance of your
Order:
4.5.1 request that you send Gayatri optical the original written prescription
(or a copy thereof);
4.5.2 request that you contact the registered medical practitioner or registered
optometrist who provided your prescription to verify and/or discuss your
prescription;
4.5.3 request that you obtain your pupillary distance measurement from your
optician or that you to have a free face-to-face consultation to take your
pupillary distance measurement; and/or
4.5.4 request that you obtain a new written prescription (if, by way of example
only, the prescription provided with your Order contains a retest date that has
elapsed).
4.6 Gayatri optical is currently unable to arrange face-to-face consultations.
4.7 Gayatri optical has absolute right to refuse acceptance of any Order.
Without limitation, an Order will be refused if:
4.7.2 the Order is for single vision spectacle lenses where such lenses have a
spherical value of more than +/-6 dioptres, a cylindrical value of more than
+/-2 dioptres; or
4.7.3 the Order is for bifocals or varifocals where such lenses have a distance
spherical value of more than +/-6 dioptres, a cylindrical value of more than
+/-2 dioptres, and/or where the power addition between the distance and near
elements is less than +0.75 or more than +3.50 dioptres.
4.8 Gayatri optical will use an appropriate, average pupillary distance set by
its supervising opticians, unless:
4.8.1 you send your pupillary distance measurement to us; and/or
4.8.2 one of Gayatri optical supervising opticians considers at his/her absolute
discretion that it is necessary for you to obtain a pupillary distance
measurement.
5. Prices and Payment
5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the
price stated on the Site or the current mail order catalogue at the time your
Order is placed in accordance with these Terms and Conditions.
5.2 Prices stated are in Rupees and include VAT.
5.3 Gayatri optical uses reasonable endeavours to ensure the accuracy of the
prices and price related information stated in its catalogue and on the Site,
but cannot guarantee that you will not encounter a mispriced item in the
catalogue or on the Site. If an item is mispriced or if the price has changed
since the last catalogue was issued, Gayatri optical will contact you and give
you the choice to accept the correct price or to cancel the Order.
5.4 The postage, packaging and delivery charges for all purchases are given on
our Site and in our mail order catalogue.
6. Delivery and Carriage
6.1 Delivery of the Goods shall take place at the time the Goods first arrive at
the delivery address stated on your Order.
6.2 If your Order is accepted by Gayatri optical, delivery will take place no
later than twenty-eight (28) days following receipt of your Order or, where a
Gayatri optical’s supervising optician arranges a face-to-face consultation for
you prior to acceptance of your Order, no later than twenty-eight (28) days
following such consultation.
7. Inspection
7.1 Upon delivery of the Goods you must inspect them carefully. If any of the
Goods do not match the description or appear to be damaged or are missing, do
not use the Goods or any items accompanying the Goods, and please contact us by
telephone or email and inform us of the problem.
7.2 The Goods will contain written confirmation of the prescription of the
Goods. If the prescription stated does not match the prescription you set out in
your Order, do not use the Goods or any items accompanying the Goods and please
contact us by telephone or email and inform us of the problem.
7.3 You must notify Gayatri optical immediately if there are any defects in the
Goods which are apparent through inspection or use of the Goods or if you
experience any difficulty in using the Goods.
7.4 If the Goods are defective on delivery, Gayatri optical shall at its
absolute discretion repair or replace such Goods or give a refund.
7.5 If the Goods are defective in accordance with any of Clauses 7.1 to 7.3, you
agree to return the defective Goods to Gayatri optical in substantially the same
condition as when received by you, including all items and packaging
accompanying the Goods.
7.6 Subject to Clause 7.7, Gayatri optical shall pay the costs of postage,
packing and delivery in relation to the repair or replacement of any Goods
returned for the reasons set out in Clause 7.1 to 7.3 and shall, upon written
request, reimburse you the reasonable costs of returning the defective Goods.
7.7 You will be liable for the costs of replacement Goods (including posting,
packing and delivery) until the returned Goods are received by Gayatri optical.
8. Money Back Guarantee
8.1 You may upon notice in writing to us (in accordance with the provisions of
Clause 12), cancel your Order, without reason, and such right to cancel
continues:
8.1.1 if there is no face-to-face consultation following delivery; until the
expiry of fourteen (14), or in the case of varifocal Orders twenty eight (28),
days from the date of dispatch of the Goods by Gayatri opticals, or
8.1.2 if there is a face-to-face consultation, until the expiry of fourteen (14)
days from the date of such consultation, but in any event no later than the
expiry of twenty-eight (28) days from the date of dispatch of the Goods by
Gayatri optical.
8.2 In the event of cancellation you shall promptly return the Goods, and any
items and packaging accompanying the Goods and Gayatri opticals shall, subject
to such Goods and items being returned in substantially the same condition as
when received by you, reimburse you within thirty (30) days of the day on which
notice of cancellation is given or the returned Goods and items are received by
Gayatri optical, whichever is the earlier. Such a refund will include the total
price paid for the Goods but shall not include any costs of returning the Goods
to Gayatri optical such as postage and packing. Monies will be refunded by the
same method of payment as originally paid to Gayatri optical.
8.3 No monies will be refunded if:
8.3.1 the Goods are not received by Gayatri optical in “as new” condition;
8.3.2 Gayatri optical has not received payment in full for the Goods; or
8.3.3 you are in breach of your obligations under these Terms and Conditions of
Supply, if, by way of example only, you provide a false certification.
9. Transfer of Risk and Title in Goods
9.1 Subject to Clause 8, title in the Goods shall pass to you when the Goods are
delivered to the delivery address set out in your Order provided that Gayatri
optical has received payment in full for the Goods.
9.2 Subject to Clause 8, risk in the Goods shall pass to you when the Goods are
delivered to the delivery address set out in your Order.
9.3 In the event of cancellation, risk in the Goods remains with you until the
Goods are received by Gayatri optical.
10. Liability
10.1 Nothing in this Agreement shall exclude or limit either party’s liability
for death or personal injury resulting from that party’s negligence or for fraud
or for any other liability that cannot by law be excluded or limited.
10.2 Subject to Clauses 10.1, the total liability of Gayatri opticals to you in
respect of all claims arising out of or in connection with an Order, whether in
contract, tort (including negligence or breach of statutory duty),
misrepresentation or otherwise, shall not exceed the total sums received by
Gayatri opticals for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, Gayatri optical shall not be liable to you for any
loss of contracts, loss of income or revenue, loss of profits, loss of goodwill
or loss of insurance cover.
10.4 Subject to Clause 10.1, Gayatri optical shall not be liable to you for any
consequential or indirect loss of any kind arising out of or in connection with
this Agreement however caused and whether arising under contract, tort,
negligence, misrepresentation or otherwise. This exclusion shall apply even if
Gayatri opticals has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 Gayatri opticals shall not be liable to you where
the loss or damage results from information provided by you that is inaccurate,
false or misleading or that otherwise results from a breach by you of these
Terms and Conditions.
10.6 Subject to Clause 10.1, Gayatri opticals accepts no liability in respect of
any non-standard use of the Goods such as, by way of example only, in extreme
sports.
11. Force Majeure
Gayatri optical shall not be liable for failure to comply with these Terms and
Conditions owing to any act or event beyond its control including but not
limited to natural disasters, Acts of God, riots, civil commotion, strikes,
shortage of supplies, lock-outs, industrial action, war, disease or fire.
The lenses supplied by Gayatri opticals will be made according to the
prescription that the Buyer has submitted and we cannot accept returns for any
prescriptions that have been entered incorrectly.
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