Terms and Conditions
This page (together with the documents referred to on it) tells you the terms by which you may make use of this website (the “Site”) and the Cubitts mobile application (the “App”)whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.
1. INFORMATION ABOUT US
This Site and App are operated by Cubitts KX Limited, trading as Cubitts, ("We"). We are registered in England and Wales under company number 08254044. Our VAT number is 201 8539 30. We are a limited company.
2. ACCESSING THE SITE
2.1. Access to the Site and the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site or the App is unavailable at any time or for any period.
2.2. In using the services made available to you through the Site and the App, including but not limited to the ordering of prescription spectacles, you hereby confirm that:
2.2.1. You are aged 16 or over and are not registered blind or partially sighted; and
2.2.2. You have had your eyes tested by a suitably qualified optician within the last 2 years (12 months if you are aged 70 or over) and are in possession of the associated written prescription from which you have submitted details accurately onto the Site as and where required.
2.3. 2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
2.4. 2.4. When using the Site or the App, you must comply with the provisions of our acceptable use policy.
2.5. You are responsible for making all arrangements necessary for you to have access to the Site and the App. You are also responsible for ensuring that all persons who access the Site and the App through your internet connection are aware of these terms, and that they comply with them.
3. OUR PRODUCTS
3.1. The images of any products, including the frames, on the Site or the App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the frames and as a result, your frames may vary slightly from those images.
3.2. All products shown on the Site and the App are subject to availability. ;
4. INTELLECTUAL PROPERTY RIGHTS
4.1. 4.1. For the purposes of these terms of use, ”Intellectual Property Rights” means copyright and related rights, trade marks and service marks, trade names and domain names, rights in designs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply for, and be granted) renewals or extensions of, and rights to claim priority from, these rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; “Materials” means all materials, including text, posts, replies, comments, video, audio, photographs, images, illustrations, animations, logos, information, data and graphics.
4.2. With the exception of the Intellectual Property Rights in the Materials owned by a third party, we are the owner or the licensee of all Intellectual Property Rights in the Site and the App, such rights being protected by copyright laws and treaties around the world. All such rights are reserved.
4.3. You may print off one copy, and may download extracts, of any page(s) from the Site or the App for your personal reference and you may draw the attention of others to material posted on the Site or the App.
4.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5. Our status (and that of any identified contributors) as the authors of Material on the Site and the App must always be acknowledged.
4.6. You must not use any part of the materials on the Site or the App for commercial or business purposes without obtaining a licence to do so from us or our licensors. You must not use any part of the Site or the App, or the materials on the Site or the App, in any way which may prejudice or damage the reputation of Cubitts.
4.7. If you print off, copy or download any part of the Site or the App in breach of these terms of use, your right to use the Site and the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. ORDERING FROM THE SITE OR THE APP
5.1. Only individuals who are at least 18 years old are allowed to make orders on the Site or the App. Those under 18 years old are allowed to use our Services, but only under a direct supervision of a legal guardian.
5.2. Orders are placed through the Site or the App, by selecting a frame in accordance with the Site or the App instructions, entering your prescription details in the form provided and placing an order, which will be processed through our third party payment facilitator.
5.3. Orders shall be confirmed by us through the Site or the App prior to you placing the final order and subject to further required information, which we may request as and when necessary to your particular order, such as:
5.3.1. a copy of your written prescription [for prescription products];
5.3.2. details of the optician who provided your prescription to verify and/or discuss your prescription;
5.3.3. your pupillary distance measurement from your optician; or
5.3.4. request that you obtain a new written prescription from your optician.
5.4. We may reject orders at our absolute discretion, but normally for good reason.
5.5. Once the above procedures have been successfully complied with, we shall process your payment and confirm your order.
6. PLACING ORDERS, PRICING AND PAYMENT
Products purchased are for personal or gift use and should not be used for business or commercial use, re-sold or any other commercial benefit.
6.1. All prices in GBP are quoted inclusive of VAT at the applicable rate. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes however in some countries additional duties may be payable to your tax authorities on receipt of your delivery. We have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. We recommend you contact your local customs authority to determine a landed cost price period to submitting your order. You agree that your order is an offer to purchase chosen products from us in accordance with these terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order include: - if products are shown but are not available or are incorrectly priced, or otherwise incorrectly described, - if we are unable to obtain authorisation of your payment, or incur other payment processing issues - if you order multiple quantities of an individual product to be shipped to the one customer or delivery address - if shipping restrictions apply to the products - if the delivery address is for an entity or individual providing freight forwarding services or is not a valid shipping address. You acknowledge that placing an order confirms your agreement to receive communication from Cubitts via email or telephone regarding your order.
6.2. Prices and availability of products as detailed on the Site or the App are subject to change from time to time and while we shall endeavour to ensure that such information is accurate, we may notify you of any changes prior to confirming your order.
After submitting an order, we will send you an order acknowledgement email with your order number and details as an acknowledgement that we have received your order. This does not constitute an acceptance of your order.
Acceptance of your order and the formation of a contract of sale between us will not take place until we have sent you an email confirming dispatch of the goods to the provided delivery address or, in the event of instore collection, store location. Should we notify you of any changes to the order you have placed, you shall have the right to either amend your order accordingly or cancel your order.
Furthermore, if we are unable to supply the chosen products, or the price shown on the Site is not correct, we shall have the absolute right to cancel your order. Item availability, pricing and delivery option may vary depending on the shipping destination. You confirm that the details you provide to us in respect the credit/debit card or payment method being used are yours and that all details are complete, correct and accurate. You further confirm that the credit/debit card is valid. If during validation or authorisation checks performed by the card issuer or payment method provider the payment method is refused we will not accept your order, nor are we obliged to inform you of the reason for the refusal. We are not responsible for any amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency indicated in your order, the final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you. We reserve the right to issue or make available any invoice in electronic form and you agree to such a form of invoicing. A Cubitts Gift Card entitles the owner to purchase products up to the nominated value at Cubitts Stores or from www.cubitts.com. Once used, the card value will only be valid in that currency. The value on the card can be used for purchases in whole or in part, and on multiple occasions. It cannot be topped up, exchanged or redeemed for cash, or transferred to another Cubitts Gift Card. Cubitts cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of communication. Codes cannot be used in conjunction with other offers and only one code can be used per order. In the event of returning the order for a refund, the amount used from the promotion code will not be refunded.
7. DELIVERY AND RETURNS
7.1. Although we shall make every reasonable effort to deliver your products on time, time shall not be of the essence.
7.2. Should for any reason the products you have ordered become lost or damaged in transit, we shall, at our sole discretion, either replace the goods or reimburse you for all amounts received.
7.3. We are only able to deliver to a valid shipping address, complete with name of recipient, and the countries to which we ship may change from time to time. Although we do permit orders outside of the UK, our Cubitts home trial service is not available for orders and deliveries from outside of the UK. Furthermore, deliveries outside of the UK on orders less than £75 are subject to an additional shipping charge, which will be confirmed at the time of ordering. Title of the products will pass to you on the later of the date on which we receive payment in full for the products and collection of products for delivery /collection by you or a third party from the designated Cubitts store. We shall be entitled to supply products in instalments.
7.4. Where products are provided for Cubitts home trial purposes [only available in the UK], although such service is free of charge, we shall require you to enter valid credit/debit card details. Your credit/debit card details shall not be processed unless frames supplied to you are not returned within a period of 10 days, or the frames are returned damaged and where such damage was not notified to us upon receipt of the frames by you; we therefore suggest you carefully check all frames as soon as they are received by you. Where Cubitts Home Trial frames are not returned, we shall deem it that you have placed an order for the frames and we shall use your payment details to take payment at the prevailing price of the frames, currently £125 per frame. Proof of postage must be provided in the event items go missing. By ordering your Cubitts Home Trial and in accepting these terms and conditions you are giving express permission for us to take this payment.
7.5 Cancellation and Return Policy To cancel an order please email info@cubitts.com prior to delivery. You may also return or exchange any product within 30 days of the delivery date. The product must be returned with all packaging and accessories, in its original condition. Free Collect Plus return labels will be provided to customers within the mainland United Kingdom. Please email info@cubitts.com Refunds and exchanges will be processed 10 business days of receipt. Additional payment may be required to complete an exchange.
7.6. Any products to be returned from outside of the UK shall be at your own cost.
7.7. Refunds on orders from outside of the UK will not include the outbound shipping cost.
7.8. For non-standard orders, a 30-day full refund will only be issued if there is a fault with the product.
7.9. For spectacle making classes, a full refund will be accepted 2 weeks (14 days) ahead of the class date. Anything later will not be refunded, but we will offer to reschedule the class for a later available date, free of charge.
8. FRAME REHAB SERVICE
8.1. The complimentary frame service is available for all Cubitts frames purchased in store and online or via the App that are within their two year warranty period. Please contact our customer services team for details on frame services available for ineligible frames.
8.2. After claiming your frame service, we will send you an email with your order number and details as an acknowledgement that we have received your frame. Once your frame has been serviced, you will receive a store confirmation collection email or a dispatch confirmation email with tracking information.
8.3. Although we shall make every reasonable effort to deliver your frame on time, the service time is an estimate.
8.4. We are only able to deliver to valid shipping address within the UK, complete with name of recipient. Postal service may vary depending on the location.
8.5. We are unable to offer this service outside of the UK.
9. RELIANCE ON INFORMATION POSTED
9.1. Commentary and other materials posted on the Site or on the App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site or the App, or by anyone who may be informed of any of its contents.
10. WARRANTY
10.1. We warrant that on delivery the products shall:
10.1.1. conform in all material respects with their description on the Site or on the App;
10.1.2. be free from material defects in design, material and workmanship; and
10.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
10.1.4. be fit for purpose.
10.2. While we take all reasonable care in the sourcing and packaging of the products, which should reach you materially as described on the Site or on the App, there may be minor variations due to factors beyond our reasonable control.
10.3. Subject to clause 10.4, if:
10.3.1. you give notice in writing to us within a reasonable time of discovery that the products do not comply with the warranty set out in clause 10.1; and
10.3.2. you (if asked by us to do so) return such products to us at your cost until such time as we agree that the products do not comply with the warranty as set out in clause 10.1, we shall, at our option, replace the defective products, or refund the price of the defective products in full.
10.4. Notwithstanding clause 10.3, we offer a no quibble 30 day guarantee on all our products, starting from the date you first receive the products, following which we shall not be liable for products that fail to comply with the warranty set out in clause 10.1 in any of the following events: 10.4.1. the details of any prescriptions were incorrect, or entered incorrectly at the time of your order;
10.4.2. you use and damage the products after giving notice in accordance with clause 10.3;
10.4.3. the defect arises because of your failure to follow any applicable instructions as to the storage or use of the products; or
10.4.4. the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5. Except as otherwise provided in this clause 10, we shall have no liability to you in respect of the products’ failure to comply with the warranty set out in clause 10.1.
10.6. These terms shall apply to any replacement products supplied by us.
10.7. The above warranties are in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11. OUR LIABILITY
11.1. We do not in any way exclude or limit our liability for:
11.1.1. death or personal injury caused by our negligence;
11.1.2. fraud or fraudulent misrepresentation; nor
11.1.3. any other liability which cannot be excluded or limited under applicable [UK] law.
11.2. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or the App or in connection with the use, inability to use, or results of the use of the Site or the App, any websites linked to it and any materials posted on it, including, without limitation any liability for:
11.2.1. loss of income or revenue;
11.2.2. loss of business;
11.2.3. loss of profits or contracts;
11.2.4. loss of anticipated savings;
11.2.5. loss of data;
11.2.6. loss of goodwill;
11.2.7. wasted management or office time; and
11.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.3. Subject to the above, the use of this Site and the App and our products are provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE AND THE APP
12.1. We process information about you in accordance with our privacy policy. By using the Site or the App, you consent to such processing and you warrant that all data provided by you is accurate.
13. UPLOADING MATERIAL TO THE SITE OR THE APP
13.1. Information you have uploaded to the Site or the App, including prescription data and a photo (as may be necessary for an augmented reality try-on of a frame, shall be kept in accordance with our privacy policy and only stored for as long as reasonably necessary.
13.2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site or the App.
13.3 You agree that the information you provide when using the Site or the App is not misleading, and is true and accurate in all respects. Further, you will notify info@cubitts.com of any changes to that information.
14. OUR SITE CHANGES REGULARLY
14.1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
15. VIRUSES, HACKING AND OTHER OFFENCES
15.1. You must not misuse the Site or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or the App, the server on which the Site or the App is stored or any server, computer or database connected to the Site or the App. You must not attack the Site or the App via a denial-of-service attack or a distributed denial-of service attack.
15.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site or the App will cease immediately.
15.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or the App or to your downloading of any material posted on it, or on any website linked to it.
16. LINKING TO THE SITE
16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2. Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
16.3. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
16.4. If you wish to make any use of material on the Site other than that set out above, please address your request to info@cubitts.com.
17. LINKS FROM THE SITE
17.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.
18. TRADE MARKS
18.1. “Cubitts” is a UK registered trade mark of Cubitts.
19. JURISDICTION AND APPLICABLE LAW
19.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
19.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20. VARIATIONS AND SEVERENCE
20.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site. Each provision of these terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unavoidable, that provision shall be deemed severable from and not affect the enforceability of any other provision.
21. YOUR IMAGES
21.1. By responding to our request to use your photos on our social channels with YES you agree to the following:
You grant Cubitts a royalty free worldwide license to use any photos in relation to which you have responded YES for its marketing and/or in its advertising, including the online store, emails, social media – Cubitts channels and paid social media, store materials and other customer communications. Cubitts may use, reproduce, distribute, combine with other materials, alter and/or edit your photos in its sole discretion.
You hereby represent and warrant that:
i) You own all rights to your photos,
ii) You have permission from any person(s) appearing in your photos to grant the rights herein, and
iii) Cubitts’ use of your photos will not violate the rights of any third party or any law.
You hereby release and discharge Cubitts from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above; and you hereby release, discharge and agree to hold Cubitts and any person acting on Cubitts’ behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the photos as described above.
To remove photos please contact info@cubitts.com.
22. YOUR CONCERNS
22.1. If you have any concerns about material which appears on the Site, please contact info@cubitts.com.