Terms & Conditions - Privacy
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "Retail Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "Seller" means Wrapz Eyewear
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current retail price on the Seller's website at the date of order or as agreed between the parties. The price is inclusive of VAT unless otherwise specified but exclusive of any delivery charges (unless otherwise stated).
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, except out of stock or special order items not held in stock, will be dispatched within 5 working days of the order being placed. The Seller aims to despatch the next working day. The Seller usually posts goods by second class delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Wrapz Eyewear is not for sale in North America
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within three days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods except delivery charges within 10 days of cancellation.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of one year from the date of delivery unless the item is stated as defective or downgraded at the time of sale.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
WARNING: Sunglasses can expose you to chemicals including Bisphenol A, various phthalates, and nickel alloys that are known to the State of California to cause cancer, birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CANCELLATION AND RETURNS
1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within three days of delivery if the Goods are damaged or do not comply with any of the Contract.
2 Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
5 Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods except delivery charges within 10 days of cancellation.
Wrapz Eyewear is committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. No information collected by us on this site will ever be sold, rented or loaned to any other company or organisation.
We do not store credit card details nor do we share customer details with any 3rd parties.
What information do we collect and how do we use it?
We will not collect any information about individuals, except where it is specifically and knowingly provided, for example, at the time of registration (if applicable) or at the time of ordering. This data is referred to in this policy as 'personal information'.
When you order online or by telephone we collect personal information such as your name, e-mail address, billing & delivery address, telephone number and credit card details (see also our 'Security' section). This allows us to process and fulfil your order(s) and to notify you about the status of your order(s).
We will also collect non-transactional data such as your email address if you contact email@example.com via email or if you use the electronic form provided (in our 'Contact Us' section).
We will use the information we collect to occasionally notify you about news and information about sunglasses and eyewear (or directly related goods like eyewear accessories) that we think will be of interest to you. If at any point you decide you would rather not receive such information please contact us online at firstname.lastname@example.org stating in the subject "Remove from all promotions and advertising." We will then remove you as soon as is possible. Alternatively use the unsubscribe option in any marketing emails.
What personal information do we collect from the people that visit our website?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
An external PCI compliant payment gateway handles all CC transactions.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology by a third party (Paypal).
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider (Paypal) and are not stored or processed on our servers.
Do we use 'cookies'?
- Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, It won't affect the user's experience .
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
We do not include or offer third-party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
- Via Email
Can change your personal information:
- By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We will notify the users via in-site notification
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Process orders and to send information and updates pertaining to orders.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
email@example.com and we will promptly remove you from ALL correspondence.