SUMMARY
These Terms and Conditions should be studied before placing any order. By placing an order you are agreeing to these Terms and Conditions. If your order is accepted, they will form part of a legally binding contract between Anglo Italian Optical and you (“the Buyer”). A contract will be made when Anglo Italian Optical accepts an order.
These Terms and Conditions include information which Anglo Italian Optical is required to provide to the Buyer under consumer protection law before entering into a contract. Where an order is made via the Aquaviz or Sportviz websites, the Buyer should print out a copy of the order and these Terms and Conditions so as to keep a permanent paper copy.
The contract will consist of the order, Anglo Italian Optical confirmation of the order and these Terms and Conditions. The Buyer should therefore print out the confirmation of the order when the Buyer receives it. The Buyer must also print out these Terms and Conditions at that stage if that was not done when placing the order.
The main characteristics of the Goods, the price of the Goods and the delivery charge for postage and packing are stated on the Aquaviz and Sportviz websites. The Contract Price will be the price and delivery charge as stated on the website at the time of the order, plus VAT where applicable, subject to correction or cancellation of the order at the option of the Buyer in the event of any mistake in the price stated on the website. The description of the Goods and the Contract Price will be stated in the order and confirmed in the confirmation of the order. The Buyer will be required to pay the Contract Price in full before the Goods are dispatched to the Buyer.
The Buyer has the right to cancel the contract, without giving any reason, at any time before the end of 7 working days after delivery, under Paragraph 18 of these Terms and Conditions and in accordance with the Consumer Protection (Distance Selling) Regulations 2000. However, it is important to note that this right does not apply in the case of any Goods which are specially made to the individual requirements of the Buyer. The right to cancel the contract therefore does not apply to orders including prescription inserts fitted with prescription lenses.
In the case of a defect in any Goods, or if any Goods do not match the description or other requirements of the contract, the Buyer will have the right to obtain a refund, or, at the option of the Buyer, the repair or replacement of the Goods in accordance with Paragraphs 24 to 28 of these Terms and Conditions. This right of refund does not apply to orders including prescription inserts fitted with prescription lenses in which case the Goods will be refunded or repaired or replaced in accordance with Paragraphs 24 to 28 of these Terms and Conditions.
Anglo Italian Optical can be contacted by writing to its business address at Unit 2 Lime Grove Estate, Falconer Road, Haverhill, Suffolk, England CB9 7XU; or by fax to +44-(0)1440 712780; or by email to info@anglo-italian.com.
1. CONTRACT: These Terms and Conditions apply to any contract for the sale of a product (“the Goods”) by Anglo Italian Optical Ltd trading as Aquaviz or Sportviz (“the Seller”) to a customer (“the Buyer”). They apply to a consumer sale where the Buyer is a person who is not entering into the contract for a commercial purpose in the course of a business. Anglo Italian Optical and the Buyer are referred to together as “the Parties”. All references to “Paragraphs” relate to Paragraphs in these Terms and Conditions.
2. ACCEPTANCE OF AN ORDER: For the purposes of contract law, the advertising or display of information relating to any Goods on the Aquaviz and Sportviz websites are not an offer for sale but an invitation to a prospective Buyer to offer to buy those Goods. The placing of an order is treated as an offer to buy the Goods stated in the order. The Parties do not enter into a contract until Anglo Italian Optical accepts an order. Acceptance will occur when Anglo Italian Optical sends an automated confirmation to the Buyer through this website or if by email, at the moment when that confirmation is sent to the Buyer.
3. CONTRACT DOCUMENTS: The contract will consist of the order, Anglo Italian Optical confirmation of the order and these Terms and Conditions. If the Buyer wishes to change any matter or information that was stated in the order or which is set out in Anglo Italian Optical confirmation of the order, the Buyer must contact Anglo Italian Optical by email as soon as possible after receiving the confirmation, since any change will be a variation of the contract which will require the agreement of Anglo Italian Optical who may already have begun to process the order. The Buyer must notify Anglo Italian Optical of any change of address by email as soon as possible if they wish to change the address for delivery.
4. STATUS OF BUYER: The buyer must be at least 18 years of age in order to enter into a contract with Anglo Italian Optical. For the purchase of products incorporating prescription lenses, the Buyer must not be registered blind or partially sighted, and must not order on behalf of any person who is under 16 years of age.
5. DESCRIPTION OF GOODS: The main characteristics of the Goods are stated on the Aquaviz and Sportviz websites. For the purposes of the contract, the Goods will be identified in the order and the description will be taken to include the main characteristics stated on the Aquaviz and Sportviz websites.
6. PRESCRIPTIONS FOR SPECTACLE LENSES: In cases where the Buyer is ordering products including prescription inserts fitted with prescription lenses, the Buyer must provide Anglo Italian Optical with complete and accurate details of the prescription for each lens and any other details or notes that have been included in a prescription given to the Buyer by a registered medical practitioner, registered ophthalmic optician or registered optometrist. The prescription must have been given to the Buyer following a sight test within the last two years. If the Buyer is over 70 then the prescription must be no more than 12 months old and we can only supply prescription products for wearers over 16 years of age. If the Buyer is not sure of the appropriate prescription for each lens, the Buyer must consult a registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order. Similarly, the Buyer must provide Anglo Italian Optical with an accurate measurement of the pupillary distance for the spectacles. Anglo Italian Optical may require the Buyer to provide Anglo Italian Optical with a copy of the Buyer’s prescription at any stage during the performance of the contract, including the time when Anglo Italian Optical processes the order or considers any claim by the Buyer that the Goods have been damaged in transit or delivered in a defective condition or that for any other reason they do not comply with the requirements of the contract. In all cases the prescription details stated by the Buyer in the order will be used in making the lenses unless the Parties agree to an amendment.
7. CHANGES IN ADVERTISED PRICES: Prices stated on the Aquaviz and Sportviz websites or in any advertising material published by Anglo Italian Optical may be altered by Anglo Italian Optical from time to time, in particular to take account of any increase in Anglo Italian Optical’s production costs.
8. CONTRACT PRICE: The “Contract Price” will be the price of the Goods as stated on the Aquaviz and Sportviz websites at the time when the Buyer places the order, plus Anglo Italian Optical shipping charge for postage, packing and delivery by means of the appropriate mail service depending on the location of the place where the Goods are dispatched and the address for delivery, and Value Added Tax where applicable at the rate applying at that time. If the price or shipping charge stated in the order or in the confirmation of the order is not as stated on the website at the time of placing the order, it will not be binding on the Parties and Anglo Italian Optical will contact the Buyer to give the Buyer the choice of correcting the mistake or not proceeding with the order. Having regard to the volume of items listed on the websites, it is not possible for Anglo Italian Optical to avoid a mistake occurring in the statement of the price from time to time. Anglo Italian Optical takes all reasonable action to ensure that prices stated on the websites are accurate. In the event of any accidental error in stating the price, Anglo Italian Optical will be under no obligation to fulfil the order at that price. Anglo Italian Optical will inform the Buyer of the mistake as soon as possible and the Buyer will have the option of confirming the order at the correct price or cancelling the order. In the event of such cancellation, Anglo Italian Optical will refund any payment made by the Buyer promptly in full.
9. PAYMENT: The Buyer must pay the Contract Price in full in cleared funds before the Goods are dispatched to the Buyer. Anglo Italian Optical will be entitled to full payment even though the ownership of the Goods has not yet passed to the Buyer.
10. METHOD OF PAYMENT: Payment may be made by any means of payment which is stated on the Aquaviz and Sportviz websites as being acceptable. Where the Buyer provides information for payment by debit card or credit card or other electronic means of payment, Anglo Italian Optical may take payment of the Contract Price when the Goods are ordered and will send written confirmation to the Buyer that the payment has been taken.
11. AVAILABILITY: All products advertised on Aquaviz and Sportviz websites are subject to availability. If, for any reason beyond Anglo Italian Optical’s reasonable control, Anglo Italian Optical is not able to supply the Goods specified the Buyer will not be charged for the Goods and Anglo Italian Optical will refund any payment of the Contract Price already made by the Buyer. In those circumstances Anglo Italian Optical will not be liable to make any other payment to the Buyer and in particular will not be liable for any loss or damage suffered by the Buyer as a result of the failure to supply the Goods. Alternatively, Anglo Italian Optical may offer and the Buyer may agree to accept other Goods by way of a variation of the contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price. In such a case, the Buyer may have the option of purchasing similar or other Goods at the normal price or receiving a refund.
12. CHANGES MADE BY MANUFACTURER: Anglo Italian Optical will take all reasonable steps to ensure that the Goods supplied to the Buyer match the description referred to in Paragraph 5. However, Anglo Italian Optical might be unable to supply Goods of that description because of changes made by the manufacturer which are beyond the control of Anglo Italian Optical. The following provisions will then apply:-
(a) If the manufacturer makes any minor change in the design or technical specification of the Goods, which might be done, for example, to improve the construction or performance of the Goods, Anglo Italian Optical may supply the Goods as changed even though they do not correspond exactly with the description specified in the order, provided that there is no significant difference in the appearance, performance or quality of the Goods supplied, that they are equivalent for all purposes in using the Goods, that they are of equivalent or superior value and that there is no increase in the Contract Price. In these circumstances, Anglo Italian Optical will inform the Buyer of the minor change made by the manufacturer and the Buyer will be bound to accept the Goods as changed, subject to the Buyer’s right to cancel the contract where that right is available to the Buyer under Paragraph 18.
(b) If the manufacturer makes any significant change in the design or technical specification of the Goods which prevents Anglo Italian Optical from supplying Goods which correspond exactly with the description specified in the order, Anglo Italian Optical may offer the Buyer similar Goods as an alternative, provided that the alternative Goods are of equivalent standard of performance and quality and that they are equivalent for all purposes in using the Goods. In these circumstances, Anglo Italian Optical will inform the Buyer as soon as reasonably practicable once Anglo Italian Optical is aware of the change. If the Buyer is not willing to accept alternative Goods, the Buyer will not be charged for the Goods and Anglo Italian Optical will refund any payment of the Contract Price already made by the Buyer. If the Buyer chooses to receive alternative Goods of a higher or lower price than the Goods originally ordered, the Buyer will pay an appropriate further sum to Anglo Italian Optical or Anglo Italian Optical will refund an appropriate sum to the Buyer. The Buyer will still have the right to cancel the contract where that right is available to the Buyer under Paragraph 18.
13. DELIVERY DATE: Anglo Italian Optical will take all reasonable steps to ensure that the Goods are delivered to the Buyer as soon as they are available and in any event within 30 days after acceptance of the order. However, delays may occur in Anglo Italian Optical obtaining, or in producing prescription lenses, for reasons which are outside Anglo Italian Optical control. If Anglo Italian Optical becomes aware of any matter which indicates that delivery may be delayed beyond the period of 30 days after acceptance of the order, Anglo Italian Optical will immediately inform the Buyer within that period. In any case where Anglo Italian Optical expects that delivery can be achieved within 45 days after acceptance of the order, Anglo Italian Optical may extend the latest date for delivery to 45 days on notifying the Buyer, without requiring the Buyer’s agreement at that stage. In any other case, Anglo Italian Optical may invite the Buyer to agree to a period for delivery longer than 45 days. If a longer period is agreed, Anglo Italian Optical will send notice of confirmation of the agreement to the Buyer. If the Buyer is not willing to accept a longer period, the Buyer may cancel the contract and in those circumstances the Buyer will not be charged for the Goods and Anglo Italian Optical will refund any payment of the Contract Price already made by the Buyer.
14. DELIVERY: All products are shipped from within the United Kingdom and no extra VAT or taxes are payable for delivery of these products within EU. Buyers in countries outside of the EU will be responsible for any payment that may be due for local import duties or taxes on all of our products. Anglo Italian Optical will notify the Buyer when the Goods are ready to be dispatched. Anglo Italian Optical will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Goods will normally be sent by the appropriate mail service depending on the location of the place where they are dispatched and the place where they are to be delivered. Delivery will be taken to have occurred when the Goods are delivered to the address stated by the Buyer in the order.
15. OWNERSHIP AND RISK: All risk as to loss of or damage to the Goods will pass to the Buyer on delivery to the address stated in the order. Legal ownership of the Goods will pass to the Buyer immediately before we despatch the product provided that Anglo Italian Optical has received payment of the Contract Price in full in cleared funds and no other payments are outstanding from the Buyer in respect of any other Goods supplied by Anglo Italian Optical.
16. EXAMINATION ON DELIVERY: The Buyer must examine the Goods as soon as reasonably practicable after delivery and preferably within 3 working days to check that they are the correct Goods to be supplied under the contract and are not damaged. If the Goods appear to be incorrect, the Buyer must not use them. The Buyer must inform Anglo Italian Optical as soon as reasonably practicable and must return them to Anglo Italian Optical in accordance with Paragraphs 24 to 29.
17. DAMAGE OR LOSS IN TRANSIT: The Buyer must inform Anglo Italian Optical as soon as reasonably practicable if the Goods are not delivered by the expected date or if they appear to have been damaged in the course of delivery to the Buyer. In the case of Goods which appear to be damaged, the Buyer must return the Goods to Anglo Italian Optical together with all the original packaging. Anglo Italian Optical will examine the Goods and if Anglo Italian Optical accepts that they were damaged in transit, Anglo Italian Optical will repair or replace the Goods (at the option of Anglo Italian Optical) without charge and will refund the reasonable postage costs paid by the Buyer in returning them to Anglo Italian Optical. In the case of Goods which appear to have been lost in transit, the Buyer will be required to complete a non-delivery report form provided by Anglo Italian Optical. Anglo Italian Optical will investigate the matter and may make inquiries with the carrier to determine whether the Goods have been lost. If Anglo Italian Optical finds that the Goods have been lost in transit, Anglo Italian Optical will replace them without charge, except in case where Paragraph 11 (Availability) or Paragraph 12 (Changes made by Manufacturer) applies, in which case the provisions of those Paragraphs will apply, or where the Parties agree that Anglo Italian Optical will refund any payment of the Contract Price already made by the Buyer instead of replacing the lost Goods.
18. CANCELLATION: The Buyer will have the right to cancel the contract at any time before the end of 7 working days beginning with the day after the Goods are delivered to the Buyer, without giving any reason for cancelling it. This right is given to the Buyer by the Consumer Protection (Distance Selling) Regulations 2000. However, in accordance with those Regulations, this right does not apply to any Goods which have been made to the Buyer’s own specification or to the individual requirements of the Buyer. The right to cancel the contract therefore does not apply to any products including prescription inserts fitted with prescription lenses to be provided by Anglo Italian Optical. To exercise the right of cancellation in cases where the right exists, the Buyer must send written notice of cancellation to Anglo Italian Optical before the end of the period of 7 working days referred to above, by post or by fax or by email, stating that the Buyer is cancelling the contract. The day on which the notice of cancellation is posted or sent by fax or email will be treated as the day on which notice of cancellation is given. Paragraphs 19 to 21 apply in such cases. If the Buyer wishes to cancel the order in the case of any prescription glasses or lenses, where the right of cancellation under this Paragraph does not apply, or if the Buyer wishes to change the order in such a case, the Buyer will be liable to pay Anglo Italian Optical the full cost of the lenses if work has already begun in producing the lenses, or a reasonable proportion of the cost if the order process has already started, so as to compensate Anglo Italian Optical fully for the actual and reasonable costs incurred in proceeding with the order.
19. RETURN OF GOODS ON CANCELLATION: On cancelling the contract under Paragraph 18, the Buyer will be under a duty to take reasonable care of the Goods, if they have been delivered, and to return them to Anglo Italian Optical at the Buyer’s expense as soon as reasonably practicable. The Buyer must not use the Goods if he chooses to cancel the contract, since the purpose of cancellation is to restore both Parties to the position they would have been in if the contract had not been made. In returning the Goods, all risk as to loss of or damage to the Goods will be the Buyer’s risk until they are received by Anglo Italian Optical. Anglo Italian Optical will not be required to refund the postage costs paid by the Buyer, except in a case where Anglo Italian Optical has supplied alternative Goods under Paragraph 12(b), in which case Anglo Italian Optical will refund the Buyer’s reasonable postage costs provided that the Buyer is entitled to a refund of the Contract Price under Paragraph 20.
20. REFUND AFTER CANCELLATION: Anglo Italian Optical will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. Provided that the Goods are complete and have not been used or damaged between delivery and their return by the Buyer, Anglo Italian Optical will refund the whole of the Contract Price to the Buyer, including the original delivery charge and Value Added Tax. The refund will be made promptly and no later than 30 days after the notice of cancellation was given.
21. RETURN OF GOODS TO BUYER AFTER CANCELLATION: If the Goods have been used or damaged between delivery to the Buyer and their return to Anglo Italian Optical, the Buyer will not be entitled to any refund of the Contract Price under Paragraph 20. Unless otherwise agreed between the Parties, Anglo Italian Optical will then return the Goods to the Buyer and will be entitled to charge the Buyer for Anglo Italian Optical’s reasonable postage costs in returning them to the Buyer by means of an appropriate mail service determined by Anglo Italian Optical.
22. MANUFACTURER’S WARRANTY: Anglo Italian Optical will supply the Goods to the Buyer with the benefit of any warranty given by the manufacturer. The terms of any such warranty will be taken to be included in the contract between Anglo Italian Optical and the Buyer. Any Goods which fail to meet the standards provided by the manufacturer’s warranty must be returned to Anglo Italian Optical, at Anglo Italian Optical’s expense by refunding the reasonable postage costs paid by the Buyer, for repair, replacement or refunding the Contract Price in accordance with the terms of the warranty. If the Goods are not defective within the terms of the warranty, they will be returned to the Buyer at the Buyer’s expense, unless any other provisions of these Terms and Conditions give the Buyer a right to reject the Goods or to cancel the contract under Paragraph 18.
23. QUALITY AND FITNESS: The Goods will be of satisfactory quality and will be fit for all the purposes for which Goods of the kind in question are normally supplied. These are requirements made by the Sale of Goods Act 1979. The quality of the Goods includes their state and condition, appearance and finish, freedom from minor defects, durability and safety. Anglo Italian Optical does not provide any services by way of maintenance or repair of the Goods once they have been supplied to the Buyer in good condition and in compliance with all other requirements of the contract. Anglo Italian Optical will not be liable for any damage to the Goods caused by any misuse, mistreatment or other failure to take care of the Goods by the Buyer or any other person following delivery.
24. REJECTION BY REASON OF DEFECTS: The Buyer may reject the Goods in the case of any defect in workmanship or materials or any other matter resulting in the Goods not being of satisfactory quality or reasonably fit for the purpose for which such Goods are normally supplied, or in the event that the Goods do not comply with the requirements of the contract in any other respect, including any failure to correspond with the description required by the contract. In the case of prescription glasses or lenses, this includes any case where it appears to the Buyer that the prescription of the lenses does not match the prescription stated in the order. If the Buyer considers that the Goods are defective or do not comply with the requirements of the contract, the Buyer must inform Anglo Italian Optical as soon as reasonably practicable after discovering the defect. Paragraphs 25 to 29 apply in such cases.
25. RETURN OF REJECTED GOODS: If the Buyer rejects the Goods in accordance with Paragraph 24, the Buyer must return them to Anglo Italian Optical as soon as reasonably practicable after discovering the defect. If the Buyer is found to be entitled to a refund of the Contract Price in accordance with Paragraph 27, Anglo Italian Optical will refund the reasonable postage costs paid by the Buyer in returning the Goods to Anglo Italian Optical, as stated in Paragraph 27.
26. EXAMINATION OF REJECTED GOODS: Anglo Italian Optical will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. If it appears to Anglo Italian Optical, or any expert consulted by Anglo Italian Optical, that there was no defect in the Goods or failure to comply with the requirements of the contract when they were delivered to the Buyer and the Buyer disagrees with that opinion, the Parties may appoint an independent expert to examine the Goods and report to the Parties as to the condition of the Goods or any other matter which caused the Buyer to reject them.
27. REFUND IN THE CASE OF DEFECTIVE GOODS: Where Anglo Italian Optical agrees that the Goods were defective or failed to comply with the requirements of the contract when they were delivered to the Buyer, or an independent expert appointed by the Parties reports that they were defective or failed to comply with the requirements of the contract, Anglo Italian Optical will refund the full Contract Price to the Buyer promptly and in any event within 30 days after the Goods are confirmed as defective by Anglo Italian Optical or by the independent expert.
28. REPAIR OR REPLACEMENT OF DEFECTIVE GOODS: This Paragraph applies as an alternative to a refund of the Contract Price under Paragraph 27. At the option of the Buyer, Anglo Italian Optical may repair the Goods, replacing any part as necessary, where it is practicable for Anglo Italian Optical to do so, and return the Goods to the Buyer. As a further alternative, at the option of the Buyer, Anglo Italian Optical may replace the defective Goods with other Goods which comply with the requirements of the contract, where such Goods are available to Anglo Italian Optical, or with any other Goods which are available to Anglo Italian Optical and acceptable to the Buyer. If the Buyer chooses to receive replacement Goods of a higher or lower price than the Goods originally ordered under the contract, the Buyer will pay an appropriate further sum to Anglo Italian Optical or Anglo Italian Optical will refund an appropriate sum to the Buyer. Where the Goods are repaired or replaced under this Paragraph, Anglo Italian Optical will refund the reasonable postage costs paid by the Buyer in returning the Goods to Anglo Italian Optical and will pay the cost of returning the repaired Goods or delivering replacement Goods to the Buyer.
29. RETURN OF NON-DEFECTIVE GOODS: Where the Parties agree that there was no defect in the Goods or failure to comply with the requirements of the contract when they were delivered to the Buyer, or where an independent expert appointed by the Parties reports that there was no defect or failure when they were delivered to the Buyer, Anglo Italian Optical will return the Goods to the Buyer and will not be required to refund the postage costs paid by the Buyer in returning them to Anglo Italian Optical. Anglo Italian Optical will be entitled to charge the Buyer for the actual and reasonable costs of examining the Goods, including the cost of any examination by an independent expert. Anglo Italian Optical will also be entitled to charge the Buyer for the cost of any repair or replacement of parts carried out by Anglo Italian Optical at the request of the Buyer and the reasonable cost of returning the Goods to the Buyer by means of an appropriate mail service determined by Anglo Italian Optical.
30. PATENTS AND TRADE MARKS: Anglo Italian Optical will take all necessary action to ensure that the sale of the Goods to the Buyer will not infringe any third party’s intellectual property rights, namely any patents, trademarks, service marks, design rights, copyright, trade or business names or other similar rights, whether or not such rights are registrable in the United Kingdom. Anglo Italian Optical will take legal responsibility to pay all sums which the Buyer would be liable to pay, including all reasonable costs incurred by the Buyer, in respect of any claims made against the Buyer where the possession of the Goods involves any actual or alleged infringement of the intellectual property rights of any third party.
31. GENERAL LIABILITY OF ANGLO ITALIAN OPTICAL: Anglo Italian Optical will be liable for any losses or expenses reasonably incurred by the Buyer which are the reasonably foreseeable result of a breach of these Terms and Conditions by Anglo Italian Optical or any other unlawful act or omission by Anglo Italian Optical. In the case of any defect in the Goods where no personal injury is caused, the liability of Anglo Italian Optical will normally be limited to the amounts stated as being payable by Anglo Italian Optical under Paragraphs 27 and 28, namely the full Contract Price and the refund of any reasonable postage costs paid by the Buyer in returning the Goods. Anglo Italian Optical will not be liable for any indirect loss such as any additional costs incurred by the Buyer in obtaining another product from another source, or any other loss or expenses incurred by the Buyer by being prevented from using the Goods from the expected date of delivery or at any time after that date. Refunds will be by the same method of payment made by the Buyer when paying for the original order.
32. CONFIDENTIALITY: Anglo Italian Optical will treat as confidential all information obtained from the Buyer in placing an order and in the course of the contract. Anglo Italian Optical will not disclose any of that information to any third party without the prior written consent of the Buyer, except to such persons and to such extent as may be necessary for the proper performance of the contract or compliance with any other legal obligation. Anglo Italian Optical will not use any of that information, without the prior written consent of the Buyer, otherwise than for the purposes of the contract.
33. TERMINATION: Either Party may terminate the contract by giving written notice to the other Party with immediate effect, if the other Party is in breach of these Terms and Conditions and either: (a) the other Party has not corrected the breach to the satisfaction of the first-mentioned Party within 30 days, or such other reasonable period as may be specified by the first-mentioned Party, after service of written notice specifying the breach and requiring it to be corrected within that time; or (b) the breach is not capable of being corrected or is in law a fundamental breach of the contract.
34. NOTICES: Any written notice or notification to given between the Parties under these Terms and Conditions may be delivered by hand or sent by pre-paid first class post or by facsimile transmission or electronic mail. It will be treated as given on the day when the Party concerned delivers it by hand, posts it, or sends it by fax to the correct fax number of the other Party or by email to the correct email address of the other Party.
35. VARIATION: These Terms and Conditions will not be varied unless the variation is agreed by both Parties. So far as possible, any variation will be set out or confirmed in writing between the Parties.
36. THIRD PARTIES: No person other than Anglo Italian Optical and the Buyer has any right to enforce the Contract under the provisions of the Contracts (Rights of Third Parties) Act 1999.
37. CONSUMER PROTECTION LAW: Anglo Italian Optical intends these Terms and Conditions to comply with all applicable provisions of the law relating to the Sale of Goods and Consumer Protection, including in particular the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977, the Consumer Protection (Distance Selling) Regulations 2000, the Sale and Supply of Goods to Consumers Regulations 2002, and the Unfair Terms in Consumer Contracts Regulations 1999. If any provision of these Terms and Conditions is inconsistent with any applicable provisions of law, the rights given to the Buyer under those provisions of law will override the provision in these Terms and Conditions.
38. AMENDING THE TERMS OF CONTRACT: If any provision in these Terms and Conditions is declared by any court or other competent authority to be void, illegal or otherwise unenforceable, the Parties may amend that provision in a reasonable manner to achieve the original intention of the Parties without any illegality. Alternatively, at the discretion of Anglo Italian Optical, any such provision may be removed from these Terms and Conditions and the remaining provisions will remain in full force and effect.
39. APPLICABLE LAW: The contract will be treated as made in England and Wales. It will be governed by English law and any legal claim arising from it may be made in the Courts of England and Wales.
40. COMPLAINTS: The Buyer may make any complaint to Anglo Italian Optical concerning the performance of the contract by writing to Anglo Italian Optical at its business address, Anglo Italian Optical Ltd., Unit 2 Lime Grove Estate, Falconer Road, Haverhill, Suffolk, England CB9 7XU; or by fax to +44-(0)1440 712780 or email info@anglo-italian.com.
