2 INFORMATION ABOUT NIKON OPTICAL
www.nikonlenswear.co.uk is a site operated by Nikon Optical U.K. Limited. We are registered in England and Wales under company number 3471182 our registered office and main trading address is at 3 Tanners Drive, Blakelands, Milton Keynes, Buckinghamshire, MK14 5BU. Our contact e-mail address is firstname.lastname@example.org Our VAT number is GB 706182745.
We are a member of the Federation of Manufacturing Opticians.
3 ACCESSING TO THE SITE
Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the site without notice. We will not be liable if for any reason the site is unavailable at any time for any period.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4 INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights including copyright in the site, and in the material published on it. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributor) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from us or our licensors.
5 RELIANCE ON INFORMATION
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Orders for goods will only be accepted if there are no material errors in the description of the goods or their prices.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentations or misrepresentation as to fundamental matters, nor any other liability which cannot be excluded or limited under applicable law.
8 INFORMATION COLLECTED
We may collect and process the following data about you:
Information that you provide through entering information on the site. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services.
If you contact us, we may keep a record of that correspondence.
Details of transactions you carry out through the site and of the fulfilment of your orders.
Details of your visits to our site and the resources that you access.
9 IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service by storing information on your preferences, speeding up your searches and enabling us to recognise you when you return to our site.
10 TRANSFER AND STORAGE OF PERSONAL DATA
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do out best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
11 USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our service.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this.
12 DISCLOSURE OF INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
13 YOUR RIGHTS
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information. You can also exercise the right at any time by contacting the Data Protection Officer at Nikon Optical Limited at the postal address given in the paragraph below or by email addressed to The Data Protection Officer and sent to: email@example.com
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
14 ACCESS TO INFORMATION
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of ?10 to meet our costs in providing you with details of the information we hold about you. Any such request should be addressed to:
The Data Protection Officer
Nikon Optical Limited
3 Tanners Drive
15 TRANSACTIONS CONCLUDED THROUGH THIS SITE
Contracts for the supply of goods formed through the site or as a result of visits made by you are governed by our terms and conditions of supply. Click here for a copy of these terms and conditions.
16 UPLOADING MATERIAL TO OUR SITE
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our standards.
17 VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
18 LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation to take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, not may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
19 JURISDICTION AND APPLICABLE LAW
20 TRADE MARKS
Nikon is a registered trade marks of Nikon Corporation 2-3, Marunouchi 3-chome-ku, Tokyo, Japan
21 USE OF THIS WEBSITE FROM OUTSIDE THE UK
The materials on this website are directed solely at those who access this website from the United Kingdom.
Thank you for visiting our site.
Terms & Conditions of Sale
These terms contain limitations and exclusions on Nikon Optical U.K. Limited's liability to the Purchaser (as defined below). Please read them carefully, in particular, the terms which are bold/underlined in purple.
1.1 The following terms shall apply to any contract ("the Contract") between Nikon Optical U.K. Limited ("Nikon") and any persons ("the Purchaser") placing an order with Nikon for the manufacture and/or supply of any goods or service ("the Products"). The Purchaser should read these terms carefully before ordering any Products. By ordering any Products, the Purchaser agrees to be bound by these terms. The Purchaser should print or retain a copy of these terms for future reference.
1.2 No variation or addition to these terms shall be binding on Nikon unless agreed by a Director of Nikon in a document expressly referring to a variation or addition to the terms.
1.3 www.nikonlenswear.co.uk is a site operated by Nikon. Nikon is registered in England and Wales under company number 3471182 and its registered office and main trading address is at 3 Tanners Drive, Blakelands, Milton Keynes, Buckinghamshire, MK14 5BU. Nikon's contact e-mail address is firstname.lastname@example.org and its VAT number is GB 706182745.
1.4 All brochures, catalogues, price lists, and advertising or descriptive material submitted to the Purchaser are intended to be approximate only. Unless expressly incorporated, the same shall not form part of the Contract.
1.5 The Purchaser shall be responsible for complying with any and all legislation or regulations (of the United Kingdom or European Union) governing the sale of the Products to any third party (including, without limitation, the end user of the Product).
1.6 Without prejudice to Condition 1.5 above, if Nikon supplies remotely edged lenses, the Purchaser shall be responsible for complying with any and all appropriate regulations from time to time of the Medicine and Healthcare products Regulatory Agency (MHRA) (or its equivalent or successor body from time to time) and obtaining with and complying from time to time with any and all appropriate MHRA (or equivalent or successor body from time to time) certifications.
1.7 By placing an order with Nikon, the Purchaser warrants that it is resident in the United Kingdom and it is accessing Nikon's website from the United Kingdom.
1.8 Calls may be recorded for training and monitoring purposes.
2. Orders and cancellation
2.1 The Purchaser's order constitutes an offer by the Purchaser to Nikon to buy the Products set out in that order. After placing an order, the Purchaser may receive confirmation that Nikon has received the Purchaser's order but this does not mean that the order has been accepted by Nikon. No contract will be created until an order is expressly accepted in writing by Nikon, or by a confirmed telephone order received through Nikon's Customer Relations Department.
2.2 Cancellation or variation of an order by the Purchaser will only be accepted at Nikon's discretion. In the case of such cancellation or variation being accepted, any costs or expenses incurred by this action will be the sole responsibility of the Purchaser. All cancellations and variations must be made in writing.
2.3 Each order placed by the Purchaser for Products, when expressly accepted by Nikon in accordance with Condition 2.1 above, constitutes a separate contract between the Purchaser and Nikon.
2.4 Nikon reserves the right to make good a received, incomplete order according to published guidelines
3.1 Prices for the Product shall be as listed in Nikon's current published price list from time to time. All prices quoted are Ex-Warehouse in Pound Sterling per piece, and do not include Value Added Tax, the cost of delivery or any special packing requirements in respect of the relevant Products ("Additional Items"), each of which will be charged in addition. In the event of an increase in the cost to Nikon of raw materials, labour, overheads, or any increases in taxes or duties or any variation of exchange rates, Nikon may increase the price payable under the Contract.
3.2 If any of the Products are incorrectly priced, Nikon is under no obligation to provide the Products to the Purchaser at the incorrect price and may reject the relevant order or Contract, even after the relevant order has been accepted.
4.1 Nikon is entitled to regularly invoice the Purchaser. Payment in full for the Products and any Additional Items is due in pounds sterling without any deduction by way of set off or counterclaim, 30 days from date of invoice for the relevant Products and Additional Items. Overdue accounts will be liable to interest at 4% (four percent) above the National Westminster Bank Plc base lending rate in force for the time being accruing daily until the outstanding amount is settled. Any invoicing queries must be raised in writing within 10 (ten) days of the invoice date. Without prejudice to any other rights of Nikon, if there is reason to doubt that the amounts due from the Purchaser under the terms of the Contract will be paid in full according to the terms thereof, then Nikon reserves the right to require payment in full before delivering or performing any other Products to or for the Purchaser.
5.1 Where no specific instructions about the manner in which the Products are to be delivered to the Purchaser or the delivery address are given, Nikon reserves the right in its absolute discretion to choose the means of carriage to the Purchaser and to direct Products to the Purchaser's last known business address.
5.2 From the time when the Products are despatched from Nikon's premises the risk of any expense, loss or damage (including, without limitation, breakage) to the Products shall be and remain with the Purchaser notwithstanding that Nikon may arrange carriage. Without prejudice to the foregoing, frames sent to Nikon for glazing are at the Purchaser's (and, if appropriate, the end customer's) risk during transit to and from Nikon and Nikon shall have no liability for any expenses, losses or damage (including, without limitation, breakage) for any such items during transit.
5.3 In the case of sales where Nikon delivers the Products directly then Nikon will replace or (at its option) issue a credit note in respect of Products lost or damaged in transit (other than by default of the Purchaser), provided that: (a) The Purchaser specifies in writing the details of such loss or damage; and (b)In respect of complete non-arrival of all the Products comprised in the relevant Contract notification is made to Nikon within 3 (three) days of the date of despatch of the Products (the date of despatch to be verified by the Purchaser with Nikon's Customer Relations Department); and (c) In respect of damage to all or part of the Products or loss of part of the Products comprised in the relevant Contract notification is made to Nikon within 3 (three) days of delivery of the Products.
5.4 Nikon will use its reasonable endeavours (but shall not be obliged) to comply with any special packaging requirements specified by the Purchaser. Such packaging shall be charged as an Additional Item.
6. Retention of Title
6.1 Legal and beneficial ownership of the Products is to remain vested in Nikon until (i) both the relevant Products and any Additional Items have been paid for in full in cleared funds, and (ii) full payment in cleared funds has been received by Nikon under any other contract with the Purchaser for which payment is outstanding. If the Purchaser obtains possession of the Products prior to such payment, the Purchaser shall (i) hold the Products in a separate and identifiable form as bailee and fiduciary agent for Nikon, (ii) not remove, deface or obscure any identifying mark or packaging on or relating to Products and (iii) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
6.2 If the Purchaser shall fail to pay to Nikon in full any amount when due or the Purchaser becomes subject to any of the events listed in Condition 11.1 (or Nikon reasonably believes that any such event is about to happen and notifies the Purchaser accordingly), then Nikon or its employees or agents shall have the right to repossess the Products (and enter the Purchaser's premises (or the premises of any third party where the Products are stored) for that purpose if necessary) with or without notice and without liability and, at its option, to avail itself of any other legal remedy. Nikon shall have the right to sell the Products once they have been re-possessed under this Condition.
6.3 Notwithstanding this Condition, Nikon shall be entitled to maintain an action for the price of the Products and Additional Items at any time after the date when payment is due.
6.4 If prior to payment in full being made the Products become co-mingled with similar goods belonging to the Purchaser and/or any third party the Purchaser shall hold Nikon's proportion of the co-mingled Products or their proceeds of sale on trust for Nikon. Nikon shall be treated as a tenant-in-co-mingled goods and the Purchaser shall hold, as trustee for Nikon, Nikon's proportion and (if the co-mingled goods have been sold) pay to Nikon its due proportion of the proceeds of sale.
7. Loss and damage in Transit
7.1 Nikon shall take all reasonable steps to perform its obligations and deliver the Products within the times specified in its current published price lists from time to time, but such times are estimates only. Nikon shall not be liable for any expenses, losses or damages caused by late performance or delay in delivery and delays shall not entitle the Purchaser to rescind the Contract.
7.2 Without prejudice to the generality of this Condition, Nikon shall have no liability for any expenses, losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by breakdown or unavailability of plant or machinery, failure of raw material or supply of raw material, inability to obtain sufficient labour or sufficient skilled labour or strikes, lock-outs or other industrial disputes (whether involving Nikon's or any third party's workforce), act of God, war, riot, civil commotion, malicious damage, fire, flood or default of suppliers or sub-contractors, or, without limitation, any other cause or causes beyond the reasonable control of Nikon. If such cause or causes prevent delivery of Products, within a period of 1 (one) month from the order date, either party may cancel the relevant order on giving written notice to the other without liability.
8.1 Nikon agrees to replace or (at its discretion) issue a voucher in respect of the Products which are found to be defective in materials or workmanship (fair wear and tear excepted) and which are returned to Nikon within the period of 6 (six) months from the date of delivery of such Products provided that each of the following is satisfied:
(a) Notification of any defect is given to Nikon immediately upon it becoming apparent:
(b) The Products have only been operated under normal operating conditions and have only been subject to normal use;
(c) The Purchaser ceases to make any further use of the Products after giving notice in accordance with (a) above;
(d) The Products are returned to Nikon's premises at the Purchaser's expense;
(e) Any Product replaced shall become the property of Nikon;
(f) The defect has not arisen due to a failure by the Purchaser or any third party to observe Nikon's care instructions (whether oral or written) (or if there are none, good trade practice) or due to heat, negligence, abnormal storage or working conditions or misuse or abuse of the Product; and
(g) The defect has not arisen due to the Purchaser or any third party altering or repairing the Products without the prior written consent of Nikon.
8.2 Nikon accepts liability for death or personal injury to the extent that it results from the negligence of Nikon, and for any breach by Nikon of any statutory undertaking as to title, quiet possession and freedom from encumbrance and for any matter for which it would be illegal for Nikon to exclude or attempt to exclude its liability.
8.3 Subject to Condition 8.2 and to the extent that Nikon is held legally liable to the Purchaser for any breach of contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, Nikon's liability for the same shall not exceed the price of the Products plus any Additional Items.
8.4 Subject to Condition 8.2, Nikon shall not be liable to the Purchaser, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, for any loss of profit arising under or in connection with any order or Contract, or for any indirect or consequential loss arising under or in connection with any order or Contract, including, without limitation, the following:loss of income or revenue; loss of business; loss of contracts; loss of anticipated savings; loss of data; loss of goodwill; or any other indirect loss or damage of any kind, however arising.
8.5 Other than expressly provided in these terms and to the fullest extent permitted by law, any and all indemnities, warranties, terms and conditions, whether express or implied are hereby excluded from each order and Contract.
9. Assignment and Sub-Contract
9.1 The Purchaser shall not be entitled to assign, transfer, charge, sub-contract or otherwise dispose of any Contract or order or any part thereof without the prior written consent of Nikon.
9.2 Nikon may assign, transfer, charge, sub-contract or otherwise dispose of any Contract or order or any part thereof at any time to any person, firm or company without the Purchaser's permission.
10. Health & Safety
10.1 The Purchaser shall ensure that any relevant information or advice from Nikon (whether oral or written) is made available to the ultimate user of the Product.
11.1 Nikon shall, at its option, be entitled by notice to terminate all or any of its Contracts with the Purchaser forthwith and recover all expenses, losses and damage resulting to Nikon including (but without limitation) loss of profit and/or or indirect and consequential loss (including, without limitation, those losses set out in Condition 8.4(i) to (vii) above) if;
(a) The Purchaser has a bankruptcy petition presented against him or a bankruptcy order is made;
(b) The Purchaser makes or seeks to make any composition or arrangement with his/ its creditors;
(c) The Purchaser makes a proposal to his/its creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986);
(d) A creditor or encumbrancer takes possession of any of the Purchaser's assets, or any of the Purchaser's property is taken in execution or process of law;
(e) A petition is presented or an order is made or a resolution is passed for the winding-up of the Purchaser;
(f)A petition is presented, an application made or an order is made for an administration order to be made in relation to the Purchaser or notice of intention to appoint an administrator is given;
(g) The Purchaser's directors make a proposal for a voluntary arrangement with the Purchaser's creditors;
(h) The Purchaser is deemed unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
(i) A receiver or administrative receiver is appointed over any of the Purchaser's assets; or
(j) The Purchaser is in breach of the terms and conditions of any contract with Nikon (including without limitation breach of these Conditions and shall fail to remedy the same within 21 (twenty-one) days of notice specifying the breach and requiring remedy (if the breach shall be remediable).
12. Patent, trademark and copyright Infringe
12.1 The Purchaser shall refrain from infringement of any patent, copyright, registered design and trademark belonging to Nikon (or any associated company of Nikon).
13. Severance, Electronic Communications, Interpretation, Entire Agreement, Variations and Jurisdiction
13.1 If any provision (or part provision) of these terms is declared by any court or competent authority to be invalid, unlawful or unenforceable to any extent, the provision (or part provision) will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 When placing an order with Nikon online, the Purchaser hereby confirms and accepts that Nikon may communicate with the Purchaser by email and other electronic means of communication and that such method will comply with any legal or other requirement that such communication is in writing.
13.3 A reference in these terms to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted from time to time. A reference to a statute or statutory provision in these terms includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted from time to time.
13.4 The Purchaser acknowledges that, in entering into the Contract, it does not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in these terms.
13.5 Nikon has the right to revise and amend these terms from time to time. The Contract will be subject to the policies and terms in force at the time that the Purchaser places the relevant order with Nikon.
13.6 Each Contract and these terms (and any dispute or claim arising out of or in connection with them (including, without limitation, non-contractual disputes and claims) shall be governed and construed in accordance with the Laws of England and be subject to the sole jurisdiction of the Courts in England in respect thereof.
Nikon Optical U.K. Limited
3 Tanners Drive, Blakelands, Milton Keynes MK14 5BU
Tel: 01908 214100 Fax: 01908 613109
Information and Ordering
Customer Relations Department
Tel: 01908 214100 Fax: 01908 214103