Terms & Conditions Liability and Waiver Disclaimer – You the Buyer confirm that upon ordering from this Website you have read and agreed to the following Terms & Conditions.
- Application
1.1. These Terms and Conditions will apply to the purchase of the products stated upon this website from us (the “Supplier”, “us” or “we”) by you (the “Buyer” or “you”).
1.2. These are the terms on which we sell our Products to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. You can only purchase the Products from the Website if you are eligible to enter into a contract and are at least 18 years old. Any person under the age of 18 shall be forbidden to order and/or purchase any Product on this website.
- Interpretation
2.1. “Business Day” shall mean any day between and including the days of Monday to Friday, between the hours of 9.00 am and 5.00 pm;
2.2. “Buyer” shall mean an individual or company who purchases a Product from the Supplier;
2.3. “Contract” shall mean the legally binding agreement made between you and us upon purchase of the Product;
2.4. “Delivery Date” shall mean the date the Product has been delivered to you and/or shown as delivered per Royal Mail’s website;
2.5. “Delivery Location” shall mean the address stipulated by you upon purchasing your Order;
2.6. “Order” shall mean the Buyer’s order for the Product from the Supplier as submitted following the set-by-step process set out on the Website;
2.7. “Privacy Policy” shall mean the terms which set out how we will deal with confidential and personal information received from you via the Website;
2.8. “Product(s)” shall mean any product advertised on the Website that we supply to you of the number and description as set out within these terms and conditions;
2.9. “Website” shall mean our website www.nueyes.net on which Products are advertised;
2.10. “Working Day” shall mean any day between and including the days of Monday to Friday, between the hours of 9.00 am and 1.30 pm.
- Personal Information:
3.1. We retain and use all information strictly under the Privacy Policy
3.2. We may contact you by e-mail or other electronic communication methods and pre-paid post and you expressly agree to this.
- Website Content:
4.1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
4.2. The Buyer should not read or take any information given on this Website as a guide on how to use any Product purchased on this website, they should always consult the user manual of the Product.
4.3. The Supplier holds its right to cancel any Order and/or purchase for any reason. Buying these Products also means that the Buyer acknowledges the hazards along with the purchase of these Products.
4.4. The listing of a material on this Website does not constitute a license to or a recommendation for its use in infringement of any patent. In purchasing these products, the Buyer acknowledges that there are hazards associated with their use. Buyer represents and warrants to us that from Buyer’s own independent review and study they are fully aware and knowledgeable about (I) the health and safety aspects associated with the handling of the Products purchased; (II) industrial hygiene controls necessary to protect its workers from such health and safety aspects; (III) the need to adequately warn of health and safety aspects associated with products; and (IV) government regulations regarding the use of and exposure to such products. We reserve the right to limit sales of Products or not to sell Products to unqualified Buyers.
- Basis of Sale:
5.1. The description of the Products on our Website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason for such a rejection without reasonable delay.
5.2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly and submitted the correct information.
5.3. A Contract will be formed for the sale of Products ordered only when you have received an email from us confirming the Order (“Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after making the Order once the Order has been processed and confirmed by us.
5.4. Any quotation is valid for a maximum period of 1 (one) day from its date unless we expressly withdraw it at an earlier time.
5.5. No variation of the Contract (after receiving of the Order Confirmation), can be made by the Buyer after it has been entered into unless such variation is agreed by the Supplier in writing.
- Use of Products and Warranties:
6.1. Buyer warrants to Supplier that any material produced with Products from Supplier shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce or any other applicable law or act in the Buyer’s country.
6.2. Buyer assumes responsibility to assure that the Products purchased from Supplier are approved for use under TSCA, if applicable or any other applicable law or act in the Buyer’s country.
6.3. Buyer has the responsibility to verify the Product’s properties and/or to conduct any further research necessary to learn the proper handling involved in using Products purchased from Supplier.
6.4. Buyer also has the duty to warn any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the Products. No Products purchased from Supplier shall be considered to be foods, drugs, medical devices or cosmetics.
6.5. In accordance with the terms set out in this Clause 4, Buyer warrants to only purchase the Products on the terms set out herein and agrees to holds the Supplier harmless, defend, and indemnify the Supplier from any all claims, suits, charges, and judgements whatsoever that arise out of the Buyer’s purchase where the Buyer has misused the Product purchased for any purposes other than for the intended use.
6.6. Buyer warrants and agrees that prior to purchasing the Products that you have checked the Governmental rules on exposure and use of all Products and have also checked the Local Customs laws of importing all Products within your own jurisdiction.
- Price and Payment:
7.1. The price of the Products and any additional delivery or other charges is that which are set out on the Website at the date of the Order or such other price as may be agreed between the Supplier and Buyer.
7.2. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before the delivery of the Products.
- Delivery and Refunds
8.1. The delivery options (“Delivery Option(s)”) available to the Buyer are set out with accompanying prices on the Website and are as follows:
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- Option 1: “1st Class with proof of delivery” will be sent via Royal Mail Tracked 24®, with expected delivery between 1 to 3 Business Days. Buyer understands that Orders must be ordered prior to 1.30 pm for dispatch on the same day, all Orders will be aimed to be shipped within 24 hours of processing (excluding bank holidays and weekends) and will be subject to Clause 8.2 of these terms.
- Option 2: “Free Shipping” will be applicable for Orders over £20.00 (twenty Pounds Stirling) and will be sent via Royal Mail Tracked 24®. Such Orders will be aimed to be shipped within 48 hours of processing (excluding bank holidays and weekends).
- Option 3: “No Signature Required Tracked” will be sent via Royal Mail 2nd Class, with expected delivery between 1 to 3 Business Days.
- Option 4: “Next Day Delivery” will be sent via Royal Mail Special Delivery Guaranteed by 1pm®, Buyer understands that this option is only available on Orders placed before 1.30 pm on a Working Day and in the event that an Order is placed on a Friday this does not guarantee a Saturday delivery and will be subject to Clause 8.2 of these terms.
- Shipping Orders Outside of the UK will incur shipping costs that shall be calculated at checkout and shall be sent via Royal Mail 1st Class International Signed or such other courier as determined by the Supplier. The Buyer shall be informed of the shipping calculation prior to purchasing their Order and understands that delivery times will be dependent on their delivery location and local restrictions.
- The Buyer agrees and understands that Orders purchased for delivery outside of the UK cannot be given a guaranteed delivery time due to third party couriers and/or postal companies used.
- The Buyer further agrees that Orders purchased for delivery outside of the UK may be subject to import duties or other taxes which will be the sole responsibility of the Buyer to pay.
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8.2. Due to “COVID-19” regulations and restrictions imposed by Royal Mail you may not have to sign to receive your Order as per the Royal Mail’s own Terms and Conditions. As such, the Supplier shall not be held liable for Orders delivered to the correct Delivery Address which have been signed for on behalf of the Buyer in accordance with Royal Mail’s regulations.
8.3. We will endeavour to deliver the Products to the delivery location within the agreed period per the Delivery Option chosen and paid for by the Buyer and in any event not more than 30 (thirty) days after the day on which the Contract is entered into notwithstanding any event outside of our control.
8.4. In the event that you were not in at the time of delivery to receive your Order and subsequently failed to arrange re-delivery, track, and/or collect your Order from the stated collection site with Royal Mail and within Royal Mail’s stipulated amount of time, allowing the Order to be returned to the Supplier, subject to Clause 8.6 of these terms, you can:
- request for it to be re-delivered to the delivery location or a new address (“New Delivery Location”) where we will charge you an additional postage fee of £4.95 (four Pounds and ninety-five Pence) to re-ship your Order (“Re-Shipping Fee”); or
- request for a refund of the Order to which you agree you will be charged a restocking and refund processing fee of £3.00 (three Pounds Stirling) (“Re-Stocking Fee”).
8.5. In the event you would like to return your Order, you may return most new, unopened items within 10 (ten) days of the Delivery Date for a full refund subject to the Re-Stocking Fee and Clause 8.6 of these terms.
8.6. In the event the re-shipment, refund, or return is a result of our genuine error which may include but not be limited to you receiving an incorrect or defective item, where applicable, we will pay the return shipping costs and agree to waive the applicable Re-Stocking Fee.
8.7. Upon a request for a refund for reasons other than those set out in Clause 8.6 of these terms, such request should be made to the Supplier in writing with reasonable grounds for the refund. Upon receiving such request, the Supplier agrees to investigate the grounds within a reasonable time and shall be allowed to either agree or reject the refund based on the outcome of the investigation.
8.8. A refund to the Buyer should be received within 14 (fourteen) Working Days of posting your Order back to the Supplier.
8.9. The Products will become your responsibility from the delivery of the Product to the Buyer and you agree that prior to accepting delivery you have examined the Products.
- Risk and Title
9.1. Risk of damage to, or loss of, any Products will pass to you when the goods are delivered to the Delivery Location.
- Force Majeure
10.1. In the event of any failure by any party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practical; and
- The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure that it could not reasonably avoid.
- Privacy
11.1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
11.2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
11.3. Where you supply Personal Data to us so we can provide Products to you we ensure all data is in accordance with UK General Data Protection Regulations (“GDPR”).
11.4. For any enquiries or complaints regarding data privacy, you can contact our team for further information.
- Exclusion of Liability
12.1. IN NO EVENT SHALL THE SUPPLIER OR ANY OF ITS AFFILIATES BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER’S CLAIM IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN CONSIDERATION OF THE SALE OF PRODUCT TO BUYER, WHICH SALES WE WOULD NOT OTHERWISE MAKE, BUYER AGREES TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, EXPENSES, LOSSES AND LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF BUYER’S HANDLING AND/OR USE OF PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER SUBSTANCE.
- Severability
13.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Governing Law and Complaints
14.1. Any contract entered into between the Buyer and Supplier shall be governed by the laws of England and Wales.
14.2. In the event you would like to make a complaint, please email a request for our Complaints Procedure to our team or contact us through the contact page.