Terms and Conditions

Terms and Conditions of Purchase

Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Kingsbridge Opticians & Hearing Care (“KOHC”) makes the products & services advertised on www.kingsbridgeopticians.co.uk and www.kingsbridgehearingcare.co.uk (“the Websites”) available to you including via any technologies or devices by which we make the Websites available to you, and in any KOHC Store.
You agree that, by ordering any of our products or services from a KOHC Store, you will be bound by these Terms and Conditions of Purchase.

1 – General Provisions:

1.1

These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made at any KOHC Store, and any representations the KOHC Store of your choice makes to you and to any agreements concluded between you and the KOHC Store. 1.2
The products and services offered on our Websites and at our Stores may be offered by any of Kingsbridge Opticians & Hearing Clinic Ltd, its subsidiaries, its ultimate holding company and its subsidiaries (“Kingsbridge Healthcare Group “KHG”). Members of KHG, for example a KOHC Store, and the Kingsbridge Private Hospital contact centre, Kingsbridge Private Hospital staff, and finance functions, may be involved in the processing and fulfilment of your Order. Relevant hearing care suppliers, relevant eye care and eyewear suppliers. Glazing laboratories such as Essilor and/or United Optical may also be involved in the processing and fulfilment of your Order.

1.3

By placing orders through our Stores you are offering to contract for the supply of healthcare products (including prescription glasses, contact lenses, sunglasses, accessories, batteries, and related products, (also described in these terms and conditions as “goods” or “products”)).

2 – Placing an order; acceptance of an order:

2.1

The display of any items or promotions on this Website and our Stores shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, and any product specific terms (which will be brought to your attention prior to any purchase) when you complete the order. If your offer is accepted by KOHC this will result in a binding contract between you and us (“Contract”).

2.2

After you have submitted your order and it has been processed, you will receive an SMS and/or telephone call from us acknowledging that we have received your order back from the supplier(s) which will include the contact details of the KOHC Store selected by you to process your order and which you have nominated to provide you with aftercare. Your offer to purchase a product or service is accepted after your prescription has been verified
(when applicable) and when KOHC processes payment for your order.
The Contract will relate only to those products whose arrival we have confirmed in the SMS/telephone call. We will not be obliged to supply any other products which may have been part of your order until we accept in such products into the KOHC Store of your choice and confirm via a separate SMS/telephone call.

2.3

Payment will be processed at the point of purchase order. Full payment, including any Direct Debit details and confirmation for spreading the cost of your order, must be received prior to collecting your order.

2.4

KOHC may not be bound by its acceptance of your offer if there is an error in any advertisement or representation
made by KOHC associated with it, including, but not limited to, any pricing error on the Websites or in our stores. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.

2.5

As your order is processed you will be informed by SMS or telephone call if any of the products ordered are not available or if there is a problem with your order.

2.6

If any goods ordered are not available, KOHC may offer you substitute products of equivalent quality and price. If KOHC is unable to offer substitutes or you do not agree to accept such substitutes KOHC shall reimburse your payment within 10 days of the date KOHC receives your order (see Refunds Policy below). The Contract will only relate to those products whose availability we have confirmed at the point of ordering. We will not be obliged to supply any other products which may have been part of your order until the receipt of such products has been confirmed in a separate SMS/telephone confirmation.

2.7

You can request updates on the status of your order by contacting your chosen KOHC Store and by emailing your
query to kohc_enquiries@kingsbridgehealthcaregroup.com.

2.8

Orders where a request for postage/delivery to a specific address other than to your KOHC Store of choice can only be accepted from residents in the United Kingdom (including the Channel Islands and Isle of Man) and the Republic of Ireland. Geographical delivery charges will apply to all orders within the UK and Ireland. Requests for International Shipping can be discussed with the Practice Manager at your KOHC Store of choice subject to geographical delivery charges.

3 – Your Patient Profile:

3.1

We will securely store your Patient Profile information so you can access services and place future orders with KOHC without re-registering your details each time.

3.2

When you first register at a KOHC Store as a customer you may also be required to complete an online consent form for specific services, for example Ear Wax Removal and Hearing Tests. The details you provide can be updated by contacting any KOHC Store and informing them of the relevant changes. Your Patient Profile will be updated accordingly.

3.3

Any personal information that you provide during registration and consent, and which is held in your Patient Profile is held in accordance with our Privacy Policy.

4 – Payment:

4.1

Payment, including Direct Debit set-up, will be processed at the point of ordering.

4.2

The prices stated on the Websites and in-store are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be outlined before you choose to accept this service. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already accepted full payment. Our Stores contain a large number of products, and it is always possible that, despite our best efforts, some of the products listed on our site or displayed in a KOHC Store may be incorrectly priced. We will verify prices as part of our order procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than the price stated, we will, at our discretion, either contact you for instructions, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

4.3

We process payment and future payments by approved payment platform(s) (e.g. Direct Debit), credit or debit card once you place an order with us. However, if you wish to order contact lenses on their own without prescription glasses, the order and payment will only be processed once your prescription is verified.

4.4

Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure. We hold your payment details (e.g. credit/debit card details) in accordance with our Privacy Policy and any specific consent as required.

4.5

We use approved third-party payment service providers to process encrypted card payments.

A) All customers

You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your optician or KOHC.
The Order being placed is for you and not on behalf of another person.

B) Contact Lens customers

By placing an order, you are confirming that:
i) you have a valid current contact lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optician or contact lens practitioner for the contact lenses which you are ordering.
ii) the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification.
iii) you consent to us contacting your optician or contact lens practitioner to verify your contact lens specification if required, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or contact lens practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
iv) you know of no reason why the contact lenses which you are ordering would not be appropriate for you. v) you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
vi) the order placed through a KOHC Store represents a request for contact lenses by you, which fulfils the needs of you and no other person.
vii) you are aged 18 years or over, or if under 18 years of age, your optician has approved the use of contact lenses for you.
viii) you are legally capable of entering into binding contracts if aged 18 years or over.

C) Prescription glasses and prescription sunglasses customers

(Referred to throughout as prescription glasses)
By placing an order, you are confirming that:
i) you have a valid current glasses prescription issued by a registered optician or ophthalmic medical practitioner for the glasses which you are ordering.
ii) the data you provide to KOHC concerning the condition of your eyes corresponds to the data found on your current prescription.
iii) you consent to us contacting your optician or ophthalmic medical practitioner to verify your prescription should we need to do so, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optician or ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
iv) you know of no reason why the prescription glasses which you are ordering would not be appropriate for you. v) you are not experiencing any discomfort with the prescription glasses you are currently prescribed to wear.
vi) the order placed at a KOHC Store represents a request for prescription glasses by you, which fulfils the needs of you yourself and no other person.
vii) you are aged 18 years or over, or if under 18 years of age, your optician has approved the use of prescription glasses for you.
viii) you are legally capable of entering into binding contracts, if aged 18 years or older.

D) NHS voucher holders

You warrant that you hold a valid NHS optical voucher – please note you will need to bring this into the store when you order your glasses.

6 – Collection and inspection of the goods:

6.1

You can request updates on the status of your order by contacting your chosen KOHC Store and by emailing your query to kohc_enquiries@kingsbridgehealthcaregroup.com.

6.2 

Collection of products will be as follows:

Contact lenses will either be the KOHC Store of your choice, or to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Prescription glasses and prescription sunglasses will either be the KOHC Store of your choice, or to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Non-prescription glasses, accessories, batteries, and other products will be delivered to either the KOHC Store of your choice, or the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order. There may be limitations placed on battery deliveries by our delivery partner, e.g. Royal Mail, which are out of the control of KOHC.

6.3

We aim to dispatch all products within 2 working days of the date we receive your order from the supplier(s), subject to validation of your prescription. Please note we do not guarantee the availability of products or
dispatch times. Subject to delays outside KOHC control, the overall delivery period should not exceed 30 days.

6.4

Please check the goods for any damage, defects or discrepancies upon collection or delivery. In the event there is a problem with the goods please do not use the goods and contact us as soon as possible as per the Returns Policy.
If you are supplying us with your own frame and/or lenses for reglazing and/or repair, you will be required to complete a Patient Declaration form when placing your order.

7 – Risk During Transport:

7.1

KOHC shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.

8 – Warranty:

8.1

KOHC warrants that the products to be supplied and/or delivered comply with the agreement between KOHC and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) (“Warranty”). However, KOHC may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you except where this caused by the negligence of KOHC, its directors, employees, affiliates, or other representatives.

8.2

If it becomes evident within 30 days of delivery or collection that the products you have ordered fail to meet the
Warranty you should return them immediately to KOHC. Please refer to the Returns Policy. You may request that KOHC replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.

8.3

The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without KOHC’s written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.

9 – Privacy:

9.1

We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.

10 – Cancellation Right:

10.1

If you are contracting as a consumer, you may cancel the Contract and return any products ordered at a KOHC Store within 28 days following the day your order is delivered to you/collected by you. To cancel the Contract please contact your KOHC Store of choice (either by phone or email) to speak to a member of staff. If you return the products, you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.

10.2

You have a legal obligation to take reasonable care of the products while they are in your possession. Between
the date you inform us of the wish to cancel and the date the product is returned by you to KOHC you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by KOHC, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.

11 – Retention of Title:

11.1

KOHC remains the owner of any products sold to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Clause 10.1.

12 – Liability:

PLEASE CONTACT A KOHC STORE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE

12.1

Subject to Clause 12.5 and Clause 13, any liability of KOHC (whether in contract, tort or otherwise) resulting from the supply and/or delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.

12.2

We will use our best endeavours to supply and/or deliver the goods to you within the timeframes set out in Clause 6.3. There may be events outside of our control including but not limited to Force Majeure events (see Clause 13) or in verifying your prescription. Such events may cause the supply and/or delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days
from the date of the order.

12.3

Without prejudice to the provisions set out above, KOHC will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.

12.4

Where our Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.

12.5

KOHC does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of KOHC, its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.

12.6

Nothing in these Terms and Conditions of Purchase excludes or limits KOHC’s liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.

13 – Force Majeure (events outside of your or our control):

13.1

Neither KOHC nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing
due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. (“Force Majeure”). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond KOHC’s control, but as a consequence of which KOHC is unable to fulfil its obligations.

13.2

While a Force Majeure continues to operate, KOHC and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by KOHC as terminated without further obligation to the other.

13.3

If KOHC has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, KOHC will be entitled to charge you for that fulfilled part.

13.4

Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, KKOHC shall return to you the amount paid.

14 – Returns & Exchange Policy:

14.1 Refund / replacement

We want you to be completely satisfied with your purchase, so we offer a generous returns and exchange policy. You can return or exchange most items purchased from our stores within 30 days of purchase, for a full refund or exchange provided you present the original proof of purchase, i.e., original store receipt and/or original invoice. Copies will not be accepted. Exceptions to this policy are outlined below.

14.2 Eligibility

To be eligible for a return or exchange, items must be in their original condition, with all tags and packaging intact. Items that have been worn, damaged, or altered are not eligible for return or exchange.
KOHC will issue a full refund or replacement of goods in all instances where:
We reserve the right to refuse a return or exchange if the item is not in its original condition or does not meet the eligibility requirements.

14.3 Exceptions

• The following items are not eligible for return or exchange:
  ● Contact lenses and prescription lenses that have been supplied to the correct specification, including when you have provided us with a prescription from another Optician.
  ● In the case where an incorrect prescription from another Optician has been supplied to us either by you or by the Optician, we cannot accept liability for this error and therefore cannot refund or exchange the contact lenses or prescription lenses. We will endeavour to support you in reaching a resolution with the Optician that supplied the incorrect prescription if necessary.
  ● Custom orders e.g., personalised items.
  ● Sale items.
  ● Hearing Aids: The returns policy for hearing aids and any associated accessories can be found on the Supply Form which was issued to you at the point of purchase. Please refer to this for more
  ● prescription glasses/sunglasses or contact lenses are supplied to the wrong specification.
  ● products are supplied damaged.

A refund or replacement will be issued to you following receipt by KOHC of the returned goods. Such refund or replacement will be provided within 14 days of the date the returned goods are received, subject to availability.
Prescription glasses, contact lenses and batteries can be exchanged at any KOHC Store. Please refer to this for more information or contact your local KOHC store.

14.4 Postal charges

KOHC is not responsible for any postal charges for goods returned under this Returns Policy.

14.5 Refunds

Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same payment details as supplied to pay for the goods. KOHC reserves the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used.

14.5 Defective goods

Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to a KOHC Store as soon as possible after discovery of the problem.
If you have any questions regarding the returns policy, please contact a KOHC Store.

15 – Intellectual Property Rights:

You may not use any of the Intellectual Property Rights in the Websites or in our products without express written consent of Kingsbridge Opticians & Hearing Clinic Ltd (details of which are at the foot of these Terms and Conditions of Purchase). See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.

16 – Changes to the Terms and Conditions of Purchase:

Kingsbridge Healthcare Group reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

17 – Waiver:

17.1

If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3

No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18. Severability:

If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

19 – Written Communications:

19.1

Applicable laws require that some of the information or communications we send to you should be in writing. When using our websites, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS or any other contact details you provide. For contractual purposes, you agree to all means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you comply with any legal requirement. This condition does not affect your statutory rights.

19.2

All notices given by you to us must be given to KOHC at kohc_enquiries@kingsbridgehealthcaregroup.com. We may give notice to you at either the e-mail or phone number you provide to us when placing an order. Notice will be deemed received and properly served immediately, 24 hours after an e-mail and/or SMS is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, in the case of an email, that such email was sent to the specified e-mail address of the addressee, and in the case of an SMS that such SMS was sent to the specified mobile phone number of the addressee.

20. Transfer of Rights and Obligations:

20.1

The Contract between you and us is binding on you and us and on our respective successors and assigns.

20.2

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.

20.3

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.

21. Entire Agreement:

21.1

KOHC intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact a KOHC Store.

21.2

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document
expressly referred to in them or expressly agreed in writing between us.

21.3

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

22. Jurisdiction and applicable law:

The Terms and Conditions of Purchase and the Contract shall be construed in accordance with Northern Irish law. Any dispute arising from or related to the Terms and Conditions of Purchase, or the Contract shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.

Contacting us:

If you have any comments or concerns about material which appears on our Websites or in our stores, please contact:

Kingsbridge Opticians & Hearing Care
T: 02890667030
E: kohc_enquiries@kingsbridgehealthcaregroup.com

Registered Office:

Kingsbridge Opticians & Hearing Clinic Ltd
Kingsbridge Administration Centre, Danesfort Building, 221 Stranmillis Road, Belfast, BT9 5UB.
Registered in Northern Ireland Registration No NI072941
Last updated November 2023

© Copyright Kingsbridge Opticians & Hearing Clinic Ltd 2023. All rights reserved. See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.

Part of The Kingsbridge Healthcare Group