The following terms and conditions of NuShades.
It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions.
This website is owned by Nu Shades Ltd, a company registered in England and Wales (company number 7531484), whose registered office is 44-50 High Street, Rayleigh, Essex, SS6 7EA. Our VAT registration number is 180276019.
Ordering from us
These terms of sale apply to all goods and services supplied by NuShades via our website. The website is governed by the following terms and conditions; they do not affect your statutory rights.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http://www.nushades.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on the following:
Telephone: +44 (0) 1702 523849. Email: sales@nushades.co.uk
We cannot guarantee that your computers display of the colours accurately reflect the colour of the products on our website. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for carriage and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
You are deemed to place an order with us by our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) Where we cannot obtain authorisation for your payment
(b) If there has been a pricing or product description error
(c) If you do not meet any eligibility criteria set out in our terms and conditions
(d) Where goods ordered by you are not available
(e) If we do not deliver to your area
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Stripe encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
Delivery
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event, within 10 days of your order. However, we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 30 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 10 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days from the date on which you ordered the goods.
Delivery method details can be found here. Please be aware that delivery windows are estimates and NuShades can not be held liable for orders that arrive after the estimated delivery windows stated. This is to take into account any unforeseen circumstances that might result in the delay of your order being delivered, such as but not limited to; Unusual traffic, road works, traffic accidents and inclement weather.
Returns Policy
You agree and acknowledge the terms and conditions found in our returns policy.
Privacy
You agree and acknowledge the terms in our privacy policy
Replacement parts
NuShades reserves the right to refuse the fitting of replacement parts due to the condition of the frame.
Once replacement part orders have been ordered customers will be unable to cancel or request a full refund. Payment needs to be made before replacement parts are ordered and NuShades needs the customers frame in-hand before fitting can commence.
RayBan and alternative industry standard tinted and polarised replacement lenses are non-prescription only.
Delivery times for replacement parts are estimated and may take longer to arrive from the manufacturer.
NuShades will fit all replacement parts free of charge and include any screws needed to attach temples or lenses on metal frames.
Advertisements
On occasion, a product or service offered by advertisers on NuShades web site may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that NuShades is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.
Newsletters
NuShades may regularly send out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. Users may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at sales@nushades.co.uk or following the unsubscribe link contained in each of the emails.
License and copyright
NuShades web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of NuShades and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) No documents or related graphics on this website are modified in any way;
(b) No graphics on this website are used separately from accompanying text; and
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
Copyright infringement
In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to sales@nushades.co.uk or by letter to: NuShades, Unit 1B, 50 Progress Road, Leigh-on-Sea, Essex, SS9 5PR.
General
In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a Company account as a mailbox for responses or promotes content, hosted or transmitted, using Company facilities, or that indicates, in any way, that Company was involved in the transmission of such email or content.
The resale of Company products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by NuShades, in its sole discretion.
When feasible, it is our preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by NuShades in its sole discretion. Nu Shades Ltd may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
Disclaimer
While Nu Shades Ltd uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in our websites, either now operating or created in the future. NuShades disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. NuShades disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
NuShades does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on the Company web site or on any external web sites linked to us. In particular, NuShades does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall NuShades be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
Our websites and all materials, information, products and services included in the websites, are provided ‘as is,’ with no warranties expressed or implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. NuShades disclaims any warranties regarding the security, reliability, timeliness and performance of our websites. NuShades disclaims, any warranties for services or products received through or advertised on the company website or received through any links provided by our websites as well as for any information or advice received through any links or any user contributions provided to the website.
The user understands and agrees that they download or otherwise obtain material or data through the use of our website at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
Nu Shades Ltd and its websites are not responsible or liable for content posted by users, 3rd parties, actions of any 3rd party or for any damage to, or virus that may infect, a user’s computer equipment or other property.
Liability
NuShades may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
Users acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) Loss of goodwill or reputation;
(c) Special, indirect or consequential losses; or
(d) Damage to or loss of data
(Even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Indemnity
You agree to indemnify, defend and hold harmless NuShades, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Company web site(s);
2. The Company’s use of any of your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
Miscellaneous
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Nu Shades Ltd.
Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us by using the following:
Address: NuShades, Unit 1B, 50 Progress Road, Leigh-on-Sea, Essex, SS9 5PR. Telephone: +44 (0) 1702523849
Online acceptance
These terms represent the entire understanding between the user and the Company and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
These Terms and Conditions were last updated, and became effective, on 24/04/2024.
Contact Information: Our contact details are as follows:
Company Name: NuShades Unit 1B, 50 Progress Road, Leigh-on-Sea, Essex, SS9 5PR.
General email: sales@nushades.co.uk
Telephone number: +44 (0) 1702523849