6.1 We will not dispatch your Goods prior to payment in full being received by us, or prior to any validation checks on your account being satisfactorily completed. Your Goods will be delivered within 5 working days, providing goods are in staock. (UK mainland only).
6.2 We may deliver your Goods in one instalment, or a number of separate instalments. You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.3 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.4 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage, or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6.5 You shall be deemed to have accepted the Goods 14 days after delivery to you. After acceptance, you shall have no right to reject Goods that are not in accordance with the Contract. Notwithstanding the Sale of Goods Act 1979, acceptance of some of the Goods by you, whether conforming to the Contract or not, shall deprive you of the right to reject the rest of the Goods, whether they conform to the Contract or not.
6.6 No Goods delivered to you which are in accordance with this Contract will be accepted for return. Any such Goods returned by you may, at our discretion, be returned to you or stored at your cost without prejudice to our other rights and remedies.
6.7 Any Goods that are returned, whether defective or otherwise, shall be returned at your cost in the same condition as delivered to you, complete with the original packaging, materials and inserts and with the original delivery note for those Goods. The risk in those Goods does not pass to us until we receive them from you.
6.8 If you have an account with The Norville Group, and are purchasing prescription work, postage costs will be in line with our agreed terms. Frames ordered will attract postage costs at the following rates:
Up to 5 £1.50
12 to 25 £3.50
25 to 1000 £7.50
Over 1000 £10.00
All other goods will be supplied at the rates below:
Up to £100 £4.00
£100 - £149.99 £8.00
£150 - £199.99 £10.00
£200 - upwards £15.00
Postage costs for outside the UK mainland will be calculated prior to confirming your order.
7. RISK AND TITLE
7.1 Risk of damage to or loss of the Goods shall pass to you at the time we notify you that the Goods are available for collection (in the case of Goods to be collected) or at the time of delivery or, if you fail to take delivery, at the time we tender the Goods for delivery (in the case of Goods to be delivered).
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable title in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods or, if later, at the time risk of damage to or loss of the Goods shall have passed to you.
7.3 Until such time as the title in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, you shall keep the Goods separate from your own and those of third parties, you shall keep the Goods properly stored, protected, insured and identified as our property, and you shall not resell or use the Goods.
7.4 Until such time as the title in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled, at any time, to require you to return the Goods to us (at your cost) and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
8.1 You hereby warrant and represent to us that you are purchasing the Goods in the course of your business and not as a consumer (within the meaning of the Unfair Contract Terms Act 1977). You shall indemnify us in respect of all direct and indirect loss and other liability whatsoever arising as a result of your breach of clause 8.1.
8.2 We warrant to you that the Goods will, at the time of delivery, be of satisfactory quality, be free from material defects and materially correspond to any description or specification given by us in writing to you. For the avoidance of doubt, we do not warrant the suitability of the Goods for any specific purpose, even if that purpose is made known to us before you place your order.
8.3 Subject to clause 8.2, all warranties, conditions or other terms implied by statute or common law, including (without limitation) warranties as to quality, freedom from defects and fitness for purpose) are excluded to the fullest extent permitted by the applicable law. You hereby acknowledge this disclaimer and agree that it is reasonable in all the circumstances.
8.4 Any claim by you which is based on breach of clause 8.2 shall be notified to us within 14 days of delivery to you or (where the breach was not apparent on reasonable inspection) within a reasonable time after discovery of the breach. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such breach, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
9.1 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or that of our employees, agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.2 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
9.3 Where you accept or have been deemed to have accepted the Goods, then we shall have no liability whatsoever to you in respect of the Goods (save where the breach was not apparent on reasonable inspection in accordance with clause 8.4)..
9.4 We shall have no liability to you for late delivery or short delivery of the Goods.
10. PRODUCT SAFETY
You agree to satisfy yourself that the Goods are fit for your intended purpose and comply with all relevant laws, regulations and other requirements, including (but not limited to) the General Product Safety Regulations 2005, the rules of the General Optical Council, the Association of British Dispensing Opticians, the Federation of Ophthalmic and Dispensing Opticians and any additional safety regulations or guidelines published from time to time to the extent that they apply to the Goods, and you undertake to indemnify us in respect of any and all claims arising from the Goods being unsafe as a result of your failure to comply therewith.
11. YOUR INSOLVENCY
If you make any voluntary arrangement, enter administration or liquidation, become bankrupt, insolvent, cease to trade, threaten to cease to trade or commit any other act of bankruptcy (or it appears to us that you are likely to commit any of these acts) we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you.
12.1 We shall not be liable to you or deemed to be in breach of Contract by reason of delay or failure to perform any of our obligations if the delay or failure to due to act cause beyond our reasonable control.
12.2 These Conditions shall not be enforceable by any person other than you, the buyer of the Goods with whom we have entered into a Contract.
12.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party's principal place of business.
12.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.5 Where any law or court deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
12.6 The Contract and these Conditions shall be governed by the laws of England, and any disputes shall be heard in the English courts.
12.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
12.8 The copyright in all photographs, images and descriptions contained on this website are owned by us, and may not be reproduced without our express consent.
12.9 If the performance of the Contract or any obligation hereunder is prevented by force majeure, we shall be excused performance, provided that we shall use reasonable endeavours to remove such cause(s) of non-performance, and shall continue performance hereunder without delay whenever such cause(s) are removed. For the purpose of these Conditions, "force majeure" shall include Acts of God, strikes, lock-outs, industrial action, fire, accident, lightning, earthquake, storms, flood, shortage of supply of raw materials, lack of mains power, explosion, war and any circumstance beyond our reasonable control.