SPEXALICIOUS' TERMS OF USE

IF YOU HAVE DIFFICULTY READING THIS PAGE, YOU MUST CONTACT US BEFORE YOU PLACE YOUR ORDER

The following Terms of Use is a legal contract between an individual user and Spexalicious regarding the use of your website and services. Please update these guidelines according to your specific policies.

Welcome to the Spexalicious website. By accessing this site, you agree to these Terms and Conditions of Use and are bound by all applicable laws and regulations.

The site and its original content, features, and services are owned by Spexalicious and are protected by international copyright, trademark, intellectual property, and other proprietary rights laws.

 

If, for any reason, we believe that our Terms and Conditions have not been upheld, we reserve the right to suspend or terminate access to our website without prior notice or liability.

 

1. Terms of Use

Placing an order with Spexalicious constitutes Your acceptance of these terms and conditions, which take effect immediately on receipt of payment. Spexalicious reserves the right to change these terms and conditions at any time, by amending this document.

2. Interpretation

In these Terms and Conditions the following words and phrases shall have the following meanings:

The Buyer: The person, firm or company who purchases the Goods from the Company;

The Company:

Means Spexalicious;

Contract:

Means the contract between Spexalicious and the Buyer, which shall be deemed to incorporate these Terms;

Goods:

Means any goods agreed in the Contract to be supplied by Spexalicious to the Buyer;

Place of Delivery:

Means the place to which the Goods are to be delivered;

Glaze or Reglaze: Means to cut and shape a lens to fit the required frame.

In these Terms, a reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

 

3. General

Other rights granted by law, including your statutory rights as a consumer, are not affected by these Terms and Conditions.

No binding contract will exist between us until we have accepted your order and received payment. Except as described below, you may not cancel any order which has been accepted by us.

All goods are sold subject to availability.

These terms supersede all previous verbal or written statements and agreements relating to the goods and/or services. All information contained in our sales literature or correspondence is provided for guidance only and does not form part of this contract, unless we agree otherwise with you in writing.

None of our representatives, agents or salespersons has authority to vary, amend or waive any of these Terms on our behalf and no amendment or addition to any of these Terms shall be deemed to have been accepted unless we agree otherwise with you in writing.

The Registered Office of Spexalicious is: Spexalicious, Room 1104, 11/F Crawford House, 70 Queen’s Road Central, Central, Hong Kong S.A.R.

 

Email: contact@spexalicious.com

 

4. Description of Goods and Services

A description of the goods is set out within the 'Product Page’ of each item. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there may be some minor variations to the description and/or specification of the goods which arise by virtue of availability or change of manufacturer or supplier.

The relevant prescription that is to be applied to the goods must be supplied on order. All prescriptions provided to us must have been given to You by a Registered Medical Practitioner, or a Registered Optometrist, following an eye examination, by them, within the last 2 years. We will require a copy of this written prescription to be sent with the frames to be glazed or as a scanned document attached to an email. Frames will be returned unglazed by us to the customer if this is not strictly adhered to.

We will rely upon the prescription provided by You to order the goods and the frames provided by You will contain lenses matching the prescription that You have submitted and the lenses that You have requested.

If You are unsure of the relevant prescription to be applied to the goods, please consult a Registered Medical Practitioner or Registered Optometrist prior to placing your order.

We will use a Pupilliary Distance ‘PD’ measurement that has been measured by your Optical Practitioner and this must be supplied when ordering, or on receipt of the frames to be glazed. We can also take this measurement from an existing glazed frame owned by The Buyer. The Buyer must accept any inaccuracies in the measurement of this. We will only make adjustments to the PD when applying it to near or intermediate prescriptions.

We reserve the right to decline a reglaze if it is deemed that the frame, upon inspection, is in a condition that precludes this. If any breakage/damage of the frame or current lenses that it contains occurs during glazing, we will contact The Buyer to inform them and we cannot be held responsible for this. We will send any prescription lenses removed from existing frames back to the buyer on completion of the order, but we cannot guarantee the condition of these once removed.

Simple refurbishment of frames can be carried out to replace screws, nose pads and temple tips, but we cannot guarantee perfect matching parts, unless replaced in pairs. Cleaning is carried out ultrasonically, using clean water only, and we cannot be held responsible for any damage incurred to any frame or lens as a result. We cannot repair broken frames and we will not straighten, bend or adjust them in any way.

We reserve the right to cancel or change any discount/promotion codes without prior agreement or consent with the buyer.

We reserve the right to refuse permission of the use of discount/promotion codes if it is deemed that they have been used inappropriately.

Discount/promotion codes cannot be used in conjunction with any other offers.

You must be over the age of 17 to order from Spexalicious and You must not be registered blind, partially sighted or ordering on behalf of someone who is blind, partially sighted or under 17 years of age. The age provision does not apply to our Kids' Vision or Concierge Dispensing Services, which are only provided in person, by a U.S. Board Certified Optician.

 

5. Delivery

Unless otherwise agreed in writing - delivery of the goods will take place at the delivery address provided by The Customer on the order form or the delivery address provided by email. Any dates specified by Spexalicious for delivery of the Goods are intended to be an estimate only. Every attempt will be made to deliver the goods within a reasonable time; however, delivery may take up to 28 days, depending on circumstances. Spexalicious cannot be held responsible for delays in the delivery caused by the manufacturer or any other third party. If delivery is not made within the agreed time Spexalicious will arrange another time for delivery with You.

If, for any reason, (not due to our fault), you do not accept delivery of any of the goods in accordance with this paragraph, then we may charge You an additional fee to cover any reasonable additional direct costs incurred by us as a result, (including additional insurance, delivery, storage or similar charges).

Subject to the other provisions of these Terms, Spexalicious shall not be liable for any loss or damage to any goods incurred during the specified delivery service, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract, unless the delay exceeds 120 days.

All of our goods are dispatched using S.F. Express, Hong Kong Post or another reputable delivery service free of charge. Delivery by Courier, Recorded and Special Delivery is optional and will be charged for accordingly, unless deemed appropriate by Spexalicious. If goods are not received within 28 days of the order being accepted, please contact us immediately.

 

6 Inspection of Goods

Risk in the Goods shall pass to The Buyer on delivery. Upon delivery of the goods you should carefully inspect them. If any of the goods are damaged or lost, please contact us to inform us of the problem and do not use the goods. Each of the goods will contain an invoice and a written confirmation of the prescription of the goods. If the prescription stated does not match the prescription ordered, please immediately contact us to inform us of the problem and do not use the goods.

Please be aware that any work will be glazed and checked in relation to the U.S. ANSI Z80.1-2015 standards.

 

If Spexalicious recommends that you purchase optional products during your order process and you do not accept these recommendations, Spexalicious will not take responsibility for goods not thought of as being aesthetically pleasing or breakages due to non-recommended lenses.

 

7. Price

The price of the goods will be the price stated in our Price Lists. The price for the goods includes any Value Added Tax payable, if applicable.

 

8. Payment

Unless we agree otherwise in writing, you must pay to us, through our specified payment provider, the agreed total for the goods when you receive the notification by email. Payments to us must be made in Hong Kong Dollars.

 

9. Contract Cancellation Rights

Once the order has been placed, it is not able to be cancelled or the payment refunded once we have, (whichever arises first):

  1. Ordered the lenses;

  2. Commenced customisation of materials, (including manufacturing any goods);

  3. Performed any other requested services, (including lens installation).

 

10. Responsibility for Ownership of Goods

You will be liable for any loss or damage to the goods from the time of delivery unless such loss or damage is caused by our negligence.

 

11. Resale of Goods

Goods are sold on the condition that they are not to be resold to the public.

 

12. Recording of Telephone Calls/Emails/Communications

Spexalicious may record any communication that occurs between The Customer and The Company for training, business and regulatory purposes.

 

13. Disclaimer of Warranty

The content, contained in the literature, is provided by Spexalicious as a service to its customers. It does not contain information about eye diseases, nor does it contain medical information that may be relevant to Your eye care needs. The information provided in this site is only general health information and is intended only to facilitate communication between You and Your Optometrist or Doctor.  The literature does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. Any medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your Registered Medical Practitioner or Optometrist.

You should never disregard medical advice or delay seeking professional advice because of any information contained in, or related to, the sales literature. Spexalicious does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information or service in its literature. The information, services, and products contained in the literature are provided "as is" without warranty of any kind, either express or implied.

 

14. Limitation of Our Liability to You

These Terms set out the rights and obligations that apply where we supply goods to You. Please read them carefully before you place Your order, as you will be bound by these Terms if we accept your order. If you have any queries regarding these Terms, (or the order form), please raise them with us as soon as possible and, in any event, before you place your order.

 

Important – Please Read this section:

Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, or any breach of the statutory implied terms as to the title of goods, or for fraud or any other liability, which by law, we are not permitted to limit or exclude.

Our maximum liability, (and that of our employees, agents, and subcontractors), to you in connection with any physical damage caused to yourself or your property, through the negligence of us, (or our employees, agents, and subcontractors), will not, in any circumstances, exceed HK$1000.

In all other cases, our total liability (including our employees, agents, and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.

In no circumstances will we, (or our employees, agents or subcontractors), be liable to you for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated saving.

 

15. Our Responsibilities

We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances beyond our reasonable control. In particular, we will not be responsible for delays caused by Force Majeure – including, but not limited to – Acts of God, our suppliers or the postal service.

 

16. Contract Personal to You

This contract is personal to You. Nobody other than you will be able to benefit from this contract. You may not transfer Your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.

 

17. Our Right to Transfer the Contract

Spexalicious may assign or subcontract the contract or any part of the contract to any person, firm or company.

 

18. Thirty Day Guarantee

The 30 day guarantee period begins from date of order of goods. The guarantee covers goods that have a manufacturing fault only. If this is the case, please return your glasses to Spexalicious and we will replace the lenses free of charge. If you are not 100% happy with your lenses and want a refund, please send the lenses back and we will refund on receipt of the goods. Please be sure the lenses are still in good order; any damage to the lenses or coating may be reflected in the refund amount. We will, where necessary, reinstate any previous lenses to the frames previously owned by the buyer, free-of-charge, if requested.

The cost of carriage and insurance is non-refundable.

 

19. Communications

Any communication between us regarding The Contract, that is required to be in writing, must be sent by post or email, to the email or postal address provided in Section 3. Any written communication will be treated as having been served on the person receiving it 3 working days after posting, (if sent by Post), or at the time of transmission if sent by email.

 

Registered in Hong Kong S.A.R.: 41073858
Spexalicious, Room 1104, 11/F Crawford House, 70 Queen's Road Central, Central, Hong Kong S.A.R.

©2020 by Spexalicious