TERMS & CONDITIONS

These terms and conditions ("Terms and Conditions") apply to all orders for items which you, acting in your capacity as a purchaser ("you") place with us, Spex In The City Limited, a company registered in England & Wales (registration number: 04228139), whose registered office is c/o Faiz & Co, 8b Accommodation Road, London NW11 8ED (correspondence address: 1 Shorts Gardens, Covent Garden, London WC2H 9A) ("we" "us" or "our") on-line using the website which we operate from the URL: "www.spexinthecity.com" and other URLS from time to time ("Website").

This Website is for use only by purchasers who access it from within the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man. If you choose to access the Website from locations outside these territories, you are responsible for compliance with local laws if and to the extent they apply.

Please note that this Website may from time to time also contain links to other websites, which are not operated by Spex In The City (the "Linked Sites"). Spex In The City has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Acceptance

Prior to placing your order, please read these Terms and Conditions carefully together with our Privacy Policy and other policies which we may

notify you of from time to time. You are advised to print or download copies of such provisions for your future reference. Together they constitute the entire agreement between us.

You accept and agree to be bound by these Terms and Conditions when you place an order on the Website.

Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.

Delivery

Frames and sunglasses ordered on the Website are shipped via registered (tracked) post. Delivery prices are as follows:

Single Frame 2-3 Frames

UK £6.50 £10.50

Europe £12.00 £16.50

Rest of the World £15.00 £19.00

Provided that the frames or sunglasses ordered are in stock, orders within the UK will usually take between 2 and 3 working days to arrive. Orders shipped to Europe may take up to a week and with other international orders you should allow approximately 10 to 14 days.

In the event that frames or sunglasses are out of stock, we will advise you of the approximate delivery time separately.

Where delivery is to be made to destinations outside the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man, your goods may also be subject to import duties and taxes, the payment of which is your responsibility. Such taxes and duties are levied once the items reach the specified destination. Spex In The City has no control over these charges and we are, therefore, unable to predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

You are responsible for items you order from Spex In The City through our Website and must comply with all laws and regulations of the country in which the items are to be delivered. You should also note that cross-border deliveries may be subject to opening and inspection by customs authorities.

Specifications

Spex In The City makes every effort to display the colours, sizes and specifications of frames and sunglasses available on the Website as accurately as possible. The colours you see will, however, depend on the resolution of your monitor. We cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the frames or sunglasses delivered. We may, from time to time, vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available. A member of our Opti-team will contact you if the item you have ordered is no longer available.

Orders

For security reasons, when you order items on-line for the first time you will need to register with Spex In The City by setting up an account. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account with Spex In The City.

You agree to accept responsibility for all activities that occur under your account.

Please take all necessary steps to ensure that the username and password is kept confidential and secure. You must inform Spex In The City immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being or are likely to be used in an unauthorised way.

Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address).

Spex In The City reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order it will be without charge to you.

Prices

Items are invoiced in GBP sterling at the price prevailing at the time you place your order. Please note that we can only accept payment in GBP sterling. Prices displayed on the Website include United Kingdom Value Added Tax which will be charged at the current rate as shown on the on-line order form.

From time to time we may choose to display prices on the Website in foreign currencies as well as GBP sterling. If we do so, it is purely for illustrative purposes and the conversion rates are approximate only.

If you choose to purchase items from Spex In The City online using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.

Whilst Spex In The City endeavours to ensure that all prices on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.

Prices displayed on the Website apply to on-line and telephone purchases only. They may not be indicative of the price of identical items purchased in our standalone Spex In The City store. Spex In The City reserves the right to update prices displayed on the Website from time to time.

The Contract Between Spex In The City and You

When you place an order to purchase frames or sunglasses using the Website this constitutes an offer by you to Spex In The City to purchase those items.

Upon receipt of orders submitted using the Website, Spex In The City will send you an e-mail summarizing the details of your order (an "Acknowledgement Email"). Acceptance of orders for items purchased on the Website shall be effected when we send you an e-mail confirming that we have dispatched the items in your order (a "Confirmation Email"). For orders placed on-line using this Website the contract between us is formed at the point we send you the Confirmation Email for those items detailed in the Confirmation Email. If your order contained a number of items and the Confirmation Email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract.

An invoice and a receipt for the payment will be dispatched to you with the items. If an item within your order is not available we will contact you. Where possible we may offer you a substitute item.

The acceptance of orders by Spex In The City is always subject to availability of the items ordered. If for any reason the items you ordered are no longer available we will at our discretion either offer you another item of equivalent quality and price (where this is possible) or, alternatively, cancel the item from your order and where payment has already been deducted from your account give you a full refund in respect of that item.

Payment

Purchases of items from Spex In The City may be paid for on-line (or, if you prefer, by telephone) by supplying your credit or debit card details. Payment may also be made via PayPal. In the case of on-line orders you supply these details in on the secure on-line order form. We regret that, at present, we cannot accept cheques, gift vouchers or cash as payment on-line.

Receipt of your credit card details and debit of payments does not constitute our acceptance of your order. Acceptance of your order occurs when we send you the Confirmation Email. You are responsible for ensuring the e-mail address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Confirmation Email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.

Please note that we cannot guarantee the security of data which you send us by e-mail. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy.

Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.

Risk and Title

Risk in the items will pass on to you at the time the items are delivered. Ownership of items delivered will only pass to you when we receive payment in full of all sums due in respect of the items (including packing and delivery costs). If we do not receive payment in full we may, without prior notice, claim from you any items which have been delivered.

Cancellations, Returns and Refunds

You may return frames and sunglasses to us for an exchange or a refund. All frames and sunglasses must be returned to us in un-used condition within 28 days of your receipt of them (the date of receipt will be recorded by the carrier, alongside your signature, when the items are delivered to you).

It is your responsibility to make sure that returned goods are securely packaged and delivered safely back to us. If you are posting items back to us from outside the UK, please ensure that you correctly fill in any requisite custom declarations, in order to avoid unnecessary import duty being levied. We recommend that you post returned goods to us via recorded and tracked mail, as we cannot be liable for returns and refunds in respect of goods which we do not receive back.

In the case of exchange requests, we will charge you an additional shipping cost, in accordance with the P&P delivery costs set out above.

In the case of refunds, as soon as we receive the returned frames or sunglasses back in un-used condition, we will process a full refund to you. Please note that the original shipping costs paid by you are non-refundable.

Refunds are always issued in GBP Sterling (£) and, with international orders, you should bear in mind that exchange rate fluctuations may occur between the purchase date and refund date. Spex In The City is not liable to you for any such exchange-rate related variation in the sums refunded to you.

Any other costs which we incur in connection with returned goods (including, but not limited to, any import levies which we incur) will be deducted from any refund sums due to you, or – in the case of exchanges – charged to you.

If you wish to cancel an item which you have ordered please notify our Opti-team by phone or email (our contact details are set out on the home page of this Website). As we try to process orders immediately it may not always be possible to prevent an item from being dispatched.

We will refund the reasonable costs you incur in returning the following items to us:

• items we delivered to you in error;

• items which are faulty or damaged upon delivery;

• items which are substitutes for items originally ordered.

We ask that you send us copies of receipts for such costs.

In all other circumstances you will be responsible for the cost of returning the item to us. If we do not receive the original item back from you together with the original delivery note, we may arrange for collection of the item from the delivery address and may recover from you the charges (not exceeding direct costs) we incur in doing so.

You may return items to our Opti-team at the following address: Spex In The City Limited, 1 Shorts Gardens, Covent Garden, London WC2H 9A.

If the items you ordered are damaged or faulty upon receipt, provided that you inform our Opti-team by phone or e-mail within 30 days of receiving the items (supplying our Opti-team with the reference details shown on the delivery documentation together with details of the damage or fault), we will send replacements or offer you a refund. We ask that you return the damaged or faulty items to us and we will reimburse the reasonable costs you incur in doing so. We also ask that you send us copies of the supporting receipts.

Refunds will be credited to the payment method used to make the original purchase.

Our returns and refunds policy does not affect your statutory rights.

Privacy and Communications

When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy.

To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing.

Losses

We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract between us for the sale of items was formed. We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.

Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you (i) for personal injury or death caused by our negligence; or (ii) in respect of anything which we are not, by law, permitted to exclude or limit liability.

General

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website. Changes which we are required to make by law could apply to orders which you have already made.

All copyright materials, trade marks and all other intellectual property rights in the Website and its content (including - without limitation - the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Spex In The City Limited or otherwise used by Spex In The City Limited as permitted by law.

By accessing the Website you agree that such access is solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Spex In The City Limited. This excludes the downloading, copying and/or printing of pages of the Website (including, without limitation, photographs) for personal, non-commercial home use only.

The Website is provided on an "as is" and "as available" basis. No representation or endorsement is made by Spex In The City Limited nor is any warranty of any kind, whether express or implied, given (including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).

We make no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rightsand remedies in other situations where you are in breach.

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Both Spex In The City and you agree to submit to the non-exclusive jurisdiction of English courts.

Opti-team

Tel: 020 7 240 0243

Email: gillian@spexinthecity.com