Terms and Conditions of Sale

Introduction

These Terms and Conditions govern all sales and transactions between Optics Warehouse Ltd (referred to as “we”, “us”, or “our”) and any customer (“you” or “the customer”) who places an order through our website, www.opticswarehouse.eu. By using the website and placing an order, you agree to be bound by these Terms, which form a legally binding contract between you and Optics Warehouse Ltd.

If you do not accept these Terms, you must refrain from placing an order or using the site. These Terms apply in addition to your statutory rights as a consumer under the law of your country of residence, which are not affected.

Company Details

Company Name: Optics Warehouse Ltd

Registered Office: Riviera House, Nicholson Road, Torquay, Devon, TQ2 7TD, United Kingdom

Company Number: 06364785

UK VAT Number: GB 924 1745 30

EU VAT Number: IE4546796GH

Email (general enquiries): [email protected]

Email (returns and withdrawals): [email protected]

Telephone: +44 1803 611 895

EU Responsible Person

In accordance with Regulation (EU) 2023/988 on general product safety, the following person is responsible for the products we place on the EU market:

Elite Optical Distribution (Ireland) Limited
77 Lower Camden Street
Dublin 2
Co Dublin
D02 XE80
Ireland

Formation of Contract

Placing an order on our website constitutes an offer by you to purchase goods from us. We will acknowledge receipt of your order by email without undue delay after you place it. That acknowledgement confirms that we have received your order; it does not by itself constitute acceptance.

An order is only accepted by us, and a contract formed, when we issue a written dispatch confirmation or otherwise notify you that the goods have been shipped. We reserve the right to refuse or cancel any order prior to this confirmation, including where goods are unavailable, where there is a payment issue, where we have concerns about the legitimacy of the order, or where supply would breach applicable law.

All orders are subject to availability and acceptance. If a product is out of stock or discontinued, we will inform you as soon as possible and may offer a suitable alternative. Where no suitable alternative exists or you do not accept an alternative, your payment will be refunded in full.

Product Descriptions and Pricing

We endeavour to ensure that all product descriptions, images, prices, and availability information presented on our website are accurate and up to date. However, we cannot guarantee the absence of errors. In the event that a pricing or descriptive error is identified after an order has been placed, we reserve the right to cancel the order and refund any payment taken. If this occurs, we will contact you to explain the error and provide you with the option to place a new order at the correct price or with correct product details.

All prices displayed on this website are in Euro and include VAT. The VAT rate applied is that of the member state to which your order is delivered. Delivery charges, where applicable, will be clearly stated prior to finalising your order and are additional to the product price.

Payment Terms

Payment must be made in full at the time of ordering, except where you choose a “pay later” or instalment method, in which case payment is made under that provider’s terms. We accept payment by credit and debit card, Apple Pay, Google Pay, PayPal, bank transfer, iDEAL, Bancontact, Bancomat Pay, Belfius, KBC/CBC, Blik, MB Way, Multibanco, MyBank, Pay by Bank, EPS, Satispay, Swish, TWINT, in3 and Riverty. The methods available to you depend on your country and the value of your order, and are shown at checkout. All transactions are subject to fraud screening, and in some cases we may request additional verification from you before accepting payment or dispatching goods. In the event of a failed or declined payment, no goods will be dispatched, and the order will be considered void.

If you make a purchase using a debit or credit card denominated in a currency other than Euro, your bank may apply foreign exchange rates, conversion fees, or additional charges both at the time of purchase and upon refund. As a result, the amount you receive in the event of a refund may differ from the original transaction amount. We have no control over these charges, and any differences due to currency conversion or bank fees are a matter between you and your card issuer.

Delivery

Unless we agree a different period with you, we will deliver the goods without undue delay and in any event not later than 30 days from the day the contract is concluded.

If we fail to deliver within that period, you may ask us to deliver within an additional period appropriate to the circumstances. If we fail to deliver within that additional period, you are entitled to terminate the contract, and we will refund all sums paid without undue delay. Where delivery within the agreed period was essential to you and this was made known to us at the time of ordering, you may terminate the contract immediately if we fail to deliver in time.

We will make reasonable efforts to meet any delivery dates indicated during the order process, but those dates are estimates. Where delivery is delayed by events outside our reasonable control, we will inform you as soon as possible and take steps to minimise the effect of the delay. This does not affect your statutory rights, including those set out above.

Risk in the goods passes to you when you, or a third party indicated by you other than the carrier, take physical possession of the goods. You are responsible for providing accurate delivery information. Failure to do so may result in delay or non-delivery, and additional charges may apply if re-delivery is required.

Restricted Goods and Export Controls

Certain products we sell, including night vision and thermal imaging devices, are subject to export controls and to national restrictions on purchase, import, ownership and use that vary between member states. It is your responsibility to satisfy yourself that you may lawfully purchase, import and possess the goods in your country of residence.

We reserve the right to refuse or cancel any order where we believe that supply would breach applicable law, and to require proof of age, licence or eligibility before dispatch. Where we cancel an order on these grounds, we will refund any payment taken in full.

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days from the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods. Where your order consists of multiple goods delivered separately, the period expires 14 days from the day on which you acquire physical possession of the last item.

To exercise the right of withdrawal you must inform us of your decision by a clear statement. The quickest way is to complete our online withdrawal form, which you can use whether or not you have an account. You may also tell us by email to [email protected], by telephone on +44 1803 611 895 (Monday to Friday, 10:00 to 16:00 GMT), or by letter to Optics Warehouse Ltd, Riviera House, Nicholson Road, Torquay, Devon, TQ2 7TD, United Kingdom. You may use the model withdrawal form set out at the end of these Terms, but you are not obliged to do so. We will acknowledge your withdrawal by email without undue delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

We will reimburse all payments received from you, including the costs of delivery (except for supplementary costs arising from your choice of a delivery type other than the least expensive standard delivery we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from the contract.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send the goods back to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us. The deadline is met if you send the goods back before that period has expired. You can return the goods in either of these ways:

• Using our free returns label (recommended). When you tell us you are withdrawing, we will email you a prepaid returns label, usually within 1 working day (Monday to Friday). The label is addressed to our returns warehouse in Ireland, so no customs charges or import fees arise, and you pay nothing for the return. Please attach the label to your parcel so that it can be matched to your order.
• Using a courier or postal service of your choice. You may send the goods to us at Returns, Optics Warehouse, c/o Nine Yards Logistics, Unit 19-24, Ballytrasna Business Park, Little Island, Cork, T45 HT98, Ireland. If you choose this option, you bear the direct cost of returning the goods. We recommend a tracked and insured service, and ask that you include your name, email address and order number with the parcel so that we can match it to your withdrawal. You do not need to wait for a returns label before using this option.

These return costs apply where you withdraw from the contract. If the goods are faulty or not as described, see “Legal Guarantee of Conformity” below: we bear the cost of return.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We may deduct an amount reflecting that diminished value from your reimbursement.

We ask that, where possible, you return goods in their original packaging together with any accessories and documentation, as this helps us process your return quickly. This is a request and not a condition of your right to withdraw.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

• goods made to your specifications or clearly personalised, including custom-configured or custom-fitted items;
• sealed goods which are not suitable for return for health protection or hygiene reasons, if they were unsealed after delivery;
• goods which, after delivery, are inseparably mixed with other items;
• digital content supplied on a non-tangible medium where performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal.

Legal Guarantee of Conformity

We are under a legal duty to supply goods that conform to the contract. If the goods you receive do not conform, you are entitled to have them brought into conformity free of charge by repair or replacement, or to a proportionate reduction in price or termination of the contract, in accordance with Directive (EU) 2019/771 as implemented in your country of residence.

This legal guarantee applies for a minimum of two years from delivery. Where a lack of conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of delivery unless we prove otherwise. Some member states provide a longer guarantee period or a longer presumption period, and your rights under the law of your country of residence are unaffected by these Terms.

Where a manufacturer offers a commercial guarantee, that guarantee is in addition to your statutory rights and does not replace or limit them.

You may make a claim under this legal guarantee directly against us as the seller. You do not need to contact the manufacturer first.

Where goods are faulty or we have sent you the wrong goods, we will bear the cost of return, including postage, and of repair or replacement. Please contact us and we will arrange the return at no cost to you. You should not pay return postage for faulty or incorrect goods. If, after a genuine assessment, we find that the goods are not faulty, we will contact you first to explain our findings before any cost is asked of you.

Additional Returns Services

The following are offered voluntarily, in addition to and not instead of your statutory rights:

• Exchanges. Where you would like to exchange an item rather than withdraw, we will process the exchange within 7 working days of receiving the returned item (up to 14 working days at peak times), subject to stock. Delivery of the replacement item is charged at our standard rates. If we cannot supply the item you want, we will refund you as set out under “Effects of Withdrawal”. Replacement of faulty goods is always free of charge.
• Returns after the withdrawal period. After the 14-day withdrawal period ends, we may in some cases accept goods back with up to a 20% restocking fee deducted. This does not apply to faulty goods.
• 60-Day Scope Out Guarantee. Selected items may qualify for our 60-Day Scope Out Guarantee, on the terms set out on that page.

Privacy and Data Protection

We process your personal data in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation) and our Privacy Policy, which is available on our website.

Where we process your data in order to fulfil your order and perform this contract, our lawful basis is the performance of a contract to which you are a party. Where we process your data for other purposes, including marketing, we rely on the lawful basis identified for that purpose in our Privacy Policy, and where that basis is consent you may withdraw it at any time.

You have the right to access, rectify, erase, restrict the processing of, and port your personal data, and to object to processing. You may lodge a complaint with the data protection supervisory authority in your country of residence. We will never sell or share your data with third parties for their own marketing purposes without your explicit consent.

Complaints and Dispute Resolution

If you have a complaint, please contact us first at [email protected] so that we can try to resolve it directly. We aim to acknowledge complaints within 7 working days.

You may also be able to refer your complaint to a national consumer alternative dispute resolution body in your country of residence, or to the European Consumer Centre in your country, which provides free assistance with cross-border consumer disputes.

Governing Law and Jurisdiction

These Terms and any contract formed under them are governed by the law of England and Wales. If you are a consumer habitually resident in an EU member state, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of residence.

You may bring proceedings in respect of these Terms in the courts of England and Wales or in the courts of your country of residence. We may bring proceedings against you only in the courts of your country of residence.

Changes to These Terms

We may amend these Terms from time to time. Any changes will be posted on our website with an updated effective date. The Terms in force at the time you place an order will govern that order. Amendments do not apply retrospectively to contracts already concluded.

Contact

If you have any questions regarding these Terms or any aspect of our service, you may contact us at:
Optics Warehouse Ltd
Riviera House, Nicholson Road, Torquay, Devon, TQ2 7TD, United Kingdom
Email: [email protected] (general enquiries), [email protected] (returns and withdrawals)
Telephone: +44 1803 611 895

Model Withdrawal Form

Complete and return this form only if you wish to withdraw from the contract. You are not obliged to use this form.