Terms & Conditions
All users of this Web site agree that theiraccess to and use of this web site are subject to the terms and conditions setforth in this legal notice and all applicable laws, and that any such access oruse is undertaken at the user's own risk. These terms and conditions arefurther subject to change at any time without prior notice. Any such changeswill be reflected on the Legal Notice page of the Fixsilk Web site.
1. This Agreement is between You, theperson placing an order for goods using the Fixsilk website ("You")and Fixsilk .
2. Price
2.1 The prices payable for goods that youorder are as set out in our website and without VAT.
2.2 You may be required to pay extra fordelivery and we may refuse to deliver to select locations. All delivery chargesare set out in our website.
2.3 International prices are anapproximation based on the current exchange rate. All prices for Goods are inUnited States Dollars
3. Right for you to cancel your contract
3.1 In accordance with the ConsumerProtection (Distance Selling) Regulations 2014, The consumer has the right to cancel within seven working days formost goods and services. This period runs from the day costumer receives goods.
3.2 Further to this we offer you the rightto return goods to us without reason and within 7 days after costumer receivesgoods.
3.3 If you have received the goods beforeyou cancelled your contract, we must be notified and you must send the goodsback to our contact address at your own cost and risk. If you cancel yourcontract but we have already processed the goods for delivery you must notunpack the goods when they are received by you and you must send the goods backto us at our contact address as soon as possible.
3.4 Once you have notified us that you arecancelling your contract, any sum debited to us from your original method ofpayment will be re-credited to your account as soon as possible and in anyevent within 30 days of your order provided that the goods in question arereturned by you and received by us in the condition they were in when deliveredto you, according to our return terms. If you do not return the goods deliveredto you or do not pay the costs of delivery, we shall be entitled to deduct thedirect costs of recovering the goods from the amount to be re-credited to you.
3.5 If the goods are not returned to us inthe condition they were sent we reserve the right to charge the cost ofrecovering the goods directly to you.
3.6 To cancel your contract you must notifyus in writing or by e-mail. We recommended that items are returned in theprotective packaging in which they were received, as if they are damaged intransit it is the responsibility of the customer to claim back all costs fromthe company with which the NHL Merchandise and Apparel were returned. Wereserve the right to return faulty items back to customers that have beendamaged in transit. Items must also be returned with/in any branded materialthat they are received in, e.g. cases, boxes and with the warranty and cloth(if applicable). DO NOT SEND ITEMS TO US IN JIFFY ENVELOPES.
3.7 All goods must be returned inaccordance with our returns policy.
3.8 Return postage can only be refunded ifthe item is faulty or if there has been an error on our part.
3.9 In the event of returns where theproduct is not faulty, we are able to refund the full cost of the product,minus the original postage cost.
4. Cancellation by us
4.1 We reserve the right to cancel thecontract between us if:
4.1.1 We have insufficient stock to deliverthe goods you have ordered;
4.1.2 We do not deliver to your area
4.1.3 One or more of the goods you orderedwas listed at an incorrect price due to a typographical error or an error inthe pricing information received by us from our suppliers.
4.2 If we do cancel your contract we willnotify you by e-mail and will re-credit your account any sum deducted by us viathe original method of payment as soon as possible, but in any event within 30days of your order. We will not be obliged to offer any additional compensationfor disappointment suffered.
5. Delivery of goods to you
5.1 Fixsilk delivers all over the World! All internationalorders are sent in a secure UPS/TNT or postal service parcel when you pay theorder or next day. All orders will require a signature.
5.2 Goods will be sent to the deliveryaddress as provided on your order. For any amendments to the delivery address,we must be notified via email prior to the processing of your order. It isessential that you ensure you give a delivery address where the recipient willbe available to accept the goods, or you must be prepared to collect the goods fromyour post office or the delivery services office following attempted delivery.
5.3 International orders are generallyshipped in a secure postal service parcel. Tracking numbers will email to youas soon as your order ships. The majority of our Merchandise and Apparelare ready for shipping.If 28 days or more have passed and your order has notbeen received, please contact us to inform them of the delay. We would then haveto launch an international track and enquiry, and as soon as we have theresults we could resend or refund accordingly.
5.4 Fixsilk is not responsible for delaysor missing deliveries caused by addresses that are incomplete or not adequatelyprovided at time of order. In all cases Fixsilk is not responsible for anydelays in delivery caused by the postal service or unavailability of asignature on delivery. If goods are returned to us for these reasons we canre-charge for postage and handling, or deduct the shipping costs from thepurchase cost if a refund is requested.
5.5 Upon delivery of your order you willbecome the owner of the goods, they will be held at your own risk and we cannotbe held liable for their loss or destruction.
5.6 If an item is delivered to you and hasbeen damaged in transit, we must be notified within two hours of delivery so wecan claim this with Mail postal insurance or international express insurance.
5.7 All Import Duties and Taxes are theresponsibility of the customer. Duties will be assessed by the importingcountry based on current laws governing imports.
6. Liability
6.1 If the goods we deliver are not whatyou ordered, are damaged or defective, or the delivery is of an incorrectquantity, we shall have no liability to you unless you notify us, by email orin writing at our contact address, of the problem immediately and in any casewithin 10 working days of the delivery of the goods in question. If items havebeen damaged in transit we must be notified on the day of delivery. Thereforeif the goods ordered are a gift it is advisable to check their contentsimmediately.
6.2 If you do not receive goods ordered byyou within 30 days of the date on which you ordered them, we shall have noliability to you unless you notify us, by email or in writing at our contactaddress, of the problem within 40 days of the date on which you ordered thegoods. If you notify a problem to us under this condition, our only obligationwill be, at your option:
6.2.1 To make good any shortage ornon-delivery;
6.2.2 To replace or repair any goods thatare damaged or defective;
6.2.3 To refund to you the amount paid byyou for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will notbe liable to you for any indirect or consequential loss, damage or expenses(including loss of profits, business or goodwill) howsoever arising out of anyproblem you notify to us under this condition and we shall have no liability topay any money to you by way of compensation other than to refund to you theamount paid by you for the goods in question under clause 6.2 above.
6.4 You must observe and comply with allapplicable regulations and legislation, including obtaining all necessarycustoms, import or other permits to purchase goods from our site. Theimportation or exportation of certain goods to you may be prohibited by certainnational laws. We make no representation and accept no liability in respect ofthe export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothingin these terms and conditions is intended to limit any rights you might have asa consumer under applicable local law or other statutory rights that may not beexcluded nor in any way to exclude or limit our liability to you for any deathor personal injury resulting from our negligence.
6.6 In the event of purchasing 'frame only'from site, any further fitting of lenses by a third party, e.g., your Optician,will void your warranty. It is normal practice for Opticians to offer an insurancepayment to cover any damage incurred during fitting of lenses.
7. Events beyond our control
We shall have no liability to you for anyfailure to deliver goods you have ordered or any delay in doing so or for anydamage or defect to goods delivered that is caused by any event or circumstancebeyond our reasonable control including, without limitation, strikes, lock-outsand other industrial disputes, breakdown of systems or network access, flood,fire, explosion or accident.
8. Invalidity
If any part of these terms and conditionsis unenforceable (including any provision in which we exclude our liability toyou) the enforceability of any other part of these conditions will not beaffected.
9. Privacy
You acknowledge and agree to be bound bythe terms of our privacy policy.
10. Governing law
The contract between us shall be governedby and interpreted in accordance with corresponding law and the courts shallhave jurisdiction to resolve any disputes between us.
11. Entire agreement
These terms and conditions, together withour current website prices, delivery details, contact details and privacypolicy, set out the whole of our agreement relating to the supply of the goodsto you by us. Nothing said by any sales person on our behalf should beunderstood as a variation of these terms and conditions or as an authorisedrepresentation about the nature or quality of any goods offered for sale by us.Save for fraud or fraudulent misrepresentation, we shall have no liability forany such representation being untrue or misleading.
14. Exclusions
Certain brands and products may be excludedfrom the standard terms and conditions. We will state this where appropriate.
13. Price Matches
If you are considering purchasing youreyewear from an alternative site and they have a better price, we'll do ourbest to match it. Amazon & eBay&Aliexpress products cannot beconsidered. If you feel you have a valid price match query please contact uswith details of the site and price.
14. Refunds
14.1 We will process refunds within 7 daysof us being notified and agreeing to refund the customer.
14.2 Restocking Fees. If more than 3 itemsare being returned for refund or exchange, we will charge a restocking fee of10% of the total order.
15. Customers under 16 years of age
You agree that all Merchandise andApparel purchased with prescription lenses fitted will be for your own use andthat you are 16 years old or over. You will not supply or purchase on behalf ofanyone under 16 years of age.