1. The contract between us
For a contract to exist between us and the customer, we must receive full payment on the order. Our acceptance of payment of your order brings into existence a legally binding contract between us. Payment is made by you using either direct payment by credit card, Paypal or through Checkout by Amazon. We are not obligated to accept the payment and if we decline payment the contract is automatically nullified.
2.1 The prices payable for goods that you order are as set out in our website and include VAT.
2.2 You may be required to pay extra for delivery and we may refuse to deliver to select locations.
2.3 Any customers who are obliged to pay UK VAT (Value Added Tax) on orders must order in GB Pound Sterling and not in any other currency, as the VAT is removed for orders placed outside of the EU.
2.4 International prices are an approximation based on the current exchange rate. All our prices are in GB Pounds Sterling.
3. Right for you to cancel your contract
3.1 In accordance with the Consumer Protection (Distance Selling) Regulations 2000, “The consumer has the right to cancel within seven working days for most goods and services. This period runs from the day the contract was concluded for services, and from the day after the day of delivery for goods.”
3.2 Further to this we offer you the right to return goods to us within 7 days from the receipt of goods if located within the UK, and within 14 days if international.
3.3 If you have received the goods before you cancelled your contract, we must be notified and you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your original method of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you, according to our return terms. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.5 If the goods are not returned to us in the condition they were sent we reserve the right to charge the cost of recovering the goods directly to you.
3.6 To cancel your contract you must notify us in writing or by e-mail. We recommended that items are returned in the protective packaging in which they were received, as if they are damaged in transit it is the responsibility of the customer to claim back all costs from the company with which the sunglasses were returned. We reserve the right to return faulty items back to customers that have been damaged in transit. Items must also be returned with/in any branded material that 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 in accordance with our returns policy.
We ask that if you are intending on returning eyewear, you order no more than three items to try on
3.8 Return postage can only be refunded if the item is faulty or if there has been an error on our part. We only refund the cost of the frames ordered, excluding the cost of lenses; as these are a customised item.
3.9 In the event of returns where the product is not faulty, we are able to refund the full cost of the product, minus the original postage cost. The amount of the original postage cost will vary, as follows:
UK Recorded Delivery (Orders under £100): £0.00
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit your account any sum deducted by us via the original method of payment as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 All UK orders are sent either first class recorded mail, or special next day delivery. All international orders are sent via international signed for delivery or Airsure (where available). All orders will require a signature (except Airsure which will be scanned on delivery).
5.2 Goods will be sent to the delivery address 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 is essential that you ensure you give a delivery address where the recipient will be available to accept the goods, or you must be prepared to collect the goods from your post office or the delivery services office following attempted delivery.
We aim for delivery of all UK orders within one to three working days, but delivery may take longer in exceptional circumstances. International delivery times vary, but most orders are received between four and twelve days. For UK deliveries goods cannot be classified as missing in the post until fifteen working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries and re-send orders if delivery has not been made following the 15 working day period.
5.3.2 International orders are generally sent via Royal Mail International Signed For and are usually delivered within a week but can take up to 28 days due to delays at customs. Most orders require a signature. If 28 days or more have passed and your order has not been received, please contact us to inform them of the delay. We would then have to launch an international track and enquiry, and as soon as we have the results we could resend or refund accordingly.
5.4 We cannot be held responsible for failed deliveries, either due to an incorrect address or unavailability of a signature on delivery. If goods are returned to us for these reasons we can re-charge for postage and handling, or deduct the shipping costs from the purchase cost if a refund is requested.
5.5 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk and we cannot be held liable for their loss or destruction.
5.6 If an item is delivered to you and has been damaged in transit, we must be notified within two hours of delivery so we can claim this with Royal Mail postal insurance.
5.7 All Import Duties and Taxes are the responsibility of the customer. Duties will be assessed by the importing country based on current laws governing imports.
6.1 If the goods we deliver are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem immediately and in any case within 10 working days of the delivery of the goods in question. If items have been damaged in transit we must be notified on the day of delivery. Therefore if the goods ordered are a gift it is advisable to check their contents immediately.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 To make good any shortage or non-delivery;
6.2.2 To replace or repair any goods that are damaged or defective; or
6.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.6 In the event of purchasing 'frame only' from Oscar+Fitch, 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 insurance payment to cover any damage incurred during fitting of lenses.
7. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
12. Entire agreement
Certain brands and products may be excluded from the standard terms and conditions. We will state this where appropriate.
14. Price Matches (Price Match Challenge)
If you are considering purchasing your eyewear from an alternative site and they have a better price, we'll do our best to match it. The Price Match Challenge is not a guarantee. It is at the discretion of Oscar+Fitch and may unfortunately be declined. Amazon & eBay products cannot be considered, including websites outside the UK & EU. Challenges made after purchase will not be considered.
15.1 We will process refunds within 7 days of us being notified and agreeing to refund the customer.
15.2 Restocking Fees. If more than 3 items are being returned for refund or exchange, we will charge a restocking fee of 10% of the total order.