TERMS & CONDITIONS
- Status of terms
- Place of performance and applicable law
- Placing an order, checkout options & IBAN
- Returns and cancellation policy
- Complaints handling procedure
- Limitation of liability
1. Status of terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a user or purchaser ("you") and those of Grovers ("we" or "us") in relation to the products and services offered by us through this site or any of the other sites owned by us (“Web Site”/"website"). By using the website, ordering products from us or registering for Grovers services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the Web Site or any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grovers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grovers has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Grovers site (or any portion of it).
1.3 We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the Agreement from time to time, and your continued use of the Web Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Web Site.
2. Place of performance and applicable law
2.1 Grovers and OpticsShop is a trading name of T&FM Grover Ltd. T&FM Grover Ltd is a company registered in England and Wales (Registered Number 1319130, VAT number 329 2579 33). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Grovers makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. This Agreement is governed by English law. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
2.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. The prices payable for goods as set out on our website are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that Grovers has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.
3. Placing an order, check-out options & bank transfer payment
3.1 A notice will be displayed on your web browser before you submit an order with Grovers. This contains important information such as a description, price and delivery charges of the good or services ordered. We suggest that you print a copy of the notice or save a copy to your hard drive for your own records.
3.2 You place the order for your products on the Web Site by pressing the confirm order button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Grovers.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Web Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Web Site as up to date as possible, the information including product descriptions appearing on this Web Site at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, Grovers will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 In the unlikely event that an incorrect price is shown on the Web Site. Grovers reserves the right to not fulfil the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.5 All prices shown are inclusive of VAT at the applicable rate for your location. On second-hand items, when applicable, VAT is calculated under the VAT Margin Scheme, as defined by HM Revenue & Customs. Under this scheme VAT is not shown separately. Should the applicable VAT rate change, Grovers reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at time of dispatch.
3.6 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web Site.
3.8 We offer a gift wrapping service which you can select at the check-out. However, there are products which we may not be able to have gift wrapped. If you have selected this option & we are not able to fulfill we will refund the cost of the gift wrap option.
3.9 If you choose to pay by IBAN and your purchase is under a stated qualifying figure there will be a charge for paying with IBAN. The fee is notified in the checkout area and if you choose bank transfer as the form of payment. The order will not be processed when an IBAN charge is not paid. There is a fee for IBAN purchases under £400 excluding shipping costs. See this link for the current charge.
3.10 Payment & Tax. Customers inside the UK have these options in the purchase check-out: Card Payment, Pay by phone call, bank transfer.
Customers in the EU & outside the UK can pay by PayPal (using their own currency). VAT (Tax) is charged inside the EU, apart from businesses outside the UK, with the exception of Jersey & Guernsey (where we do not charge VAT at all). All of the above is subject to change.
4. Returns and cancellation policy
4.1 Subject to the right of consumers to return goods for refund under the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013, Grovers does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 Grovers (on-line purchases) offers customers the opportunity to return goods up to 21 days after receipt (“the Returns Period”), subject to the terms and conditions in this returns policy. See the following item for Christmas returns.
4.2.1 Christmas returns (purchases made between 15th November - 23rd December) can be returned up to 31st January in the following year, subject to the terms and conditions in this returns policy.
4.3 You must prior to returning any goods received, contact our Customer Services at email@example.com stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to contact us in respect of a return or cancellation in line with one of the methods set out above will result in a delay in processing your refund or the product being returned to you.
4.4 No Fault Returns: If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Grovers at your own risk and cost, therefore we strongly recommend you use an insured delivery method, such as "Royal Mail Special Delivery".
- For items which cannot ordinarily be returned by post, we will at your request use our reasonable endeavours to arrange a courier to collect the goods; the estimated cost of this would be £20 per original carton.
- Grovers will not refund any purchase commission payment charges (such as Card Payment, IBAN or PayPal) or postage charges following the purchase of a no fault return.
4.5 No Fault Returns are also subject to the following conditions, except where the goods have been incorrectly described on our Web Site.
- Your product must be complete, including all accessories, in its original packaging and in "as new" condition: If you have opened the box to examine the product you must have done so without damaging or marking the product, any seal or packaging. We may accept returns within the Returns Period that do not fully comply with this requirement, but this will be subject to agreeing a restocking charge. This is to cover the loss that we might reasonably expect to incur in reselling the item(s). The restocking charge will not be less than 20% of your original purchase price. Until such time as you return the goods to us you must take reasonable care of the item(s).
- Software, memory cards and DVDs can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the Consumer Contracts Regulations 2013. Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
- Evidence of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
4.6 Faulty goods: You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within six months of delivery but after the first 28 days, we will offer a repair in the first instance. As an exception you may be offered an exchange or full or partial refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found, return the product to you. In these circumstances, no refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. If making a full refund, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.7 Any refund due to a fault or other defect within the first six months of a UK mainland purchase (& delivery) will include a refund of our delivery charge. In such circumstances we will also pay your costs of returning the goods from the UK (up to £10 per transaction). Beyond six months you will be responsible for covering the costs of returning the goods. There is no reimbursement for returns made from or delivered to outside the UK. We strongly recommend you use an insured method such as "Royal Mail Special Delivery". Replacement goods are sent by our advertised "Standard Delivery". "Express Delivery" & destinations outside the UK are not included.
4.8 In the event an item is returned under a warranty & no fault is found, there will be a fee of £10.00-£80.00 for inspection, handling and shipping before the item can be returned to you.
4.9 Any refunds and product exchanges will be processed within 21 days of receipt of the returned products.
4.10 This returns policy does not affect your statutory rights. Details of your statutory rights are available from the citizens advice bureau or consumer direct.
5.1 Details of our delivery service are set out here.
5.2 Grovers shall not be liable for any losses, costs, damages, charges or any expenses caused by any delay in the delivery of goods.
5.3 Any claim for damaged or lost goods must be notified by email no later than midday (GMT) on the day following receipt of delivery. We are unable to accept claims made after this deadline. If we have not been advised accordingly we will assume all deliveries have been received in full and in good condition.
5.4 Selecting the gift wrapping option in the check-out this may add 1 day to the delivery schedule quoted.
5.5 Items delivered via Courier require a signature on delivery. The driver will deliver to a neighbour if you supply their name & address as the delivery address. These items will not be "left in the porch" or "behind the wellies".
5.6 For international orders an additional handling and delivery charge may apply. We will advise of any additional shipping cost as soon as possible.
5.8 Customs fees/tariffs are not included in shipping calculations and are not the responsibility of Grovers. For these fees, please contact your local customs office.
5.9 Please note we do not deliver to PO Boxes or freight forwarding companies
6. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
- Email: firstname.lastname@example.org
- T&FM Grover Ltd
216-217 High Street
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
7.1 Grovers shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on any website and specifically excludes all such liability.
7.2 Certain links in this website (typically a banner advert or icon) will lead to other web sites, which are not under the control of Grovers. When you activate any of these links you will leave the Grovers site and Grovers has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Grovers.
7.3 We make every effort to ensure that the information on our site is accurate and up to date. We will promptly correct any errors brought to our attention. If you find an error, please contact email@example.com
7.4 Specifications are obtained from the manufacturers and cannot be guaranteed accurate. Product descriptions are for guidance only. Errors and Omissions excepted.
7.5 We reserve the right to withdraw any item from sale, at any point prior to dispatch, for whatever reason. You will be promptly informed if such a situation arises.
8. Limitation of liability
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" basis without any representations made, and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Web Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Web Site.
8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products offered for sale on the Web Site. This does not affect your statutory rights as a consumer.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Agreement for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Agreement.
8.5 Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within the Web Site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Purchases & Part Exchange
10.1 In offering second hand products to us, you confirm and warrant that: (i) you have full and legal title to the product being offered or you are lawfully authorised to dispose of the products; (ii) the products are not encumbered by any debts whether arising from a hire purchase agreement or otherwise; (iii) the products were originally purchased inside the EU (and you acknowledge that we reserve the right to require documentary evidence to confirm that this was the case); (iv) unless agreed to the contrary with us expressly in writing, VAT is not chargeable in respect of the purchase of the second hand products; and (v) you are over the age of 16 or, if not, that you have obtained consent from your parent or guardian to sell the products. You indemnify us from any claims that may arise if you send items to us in breach of this warranty. You acknowledge that in the event that we become aware that any products sent to us are registered or reported as lost or stolen, then we may contact the appropriate authorities.
10.2 We will aim to provide a quotation within two business days of a request being submitted to us. Such quotations will be given in good faith based on the information you provide but are non-binding until such time that we have received the products and inspected or tested them.
10.3 When you have confirmed that the quotation provided is acceptable, we will arrange for the products to be collected from you by courier at our cost. You are responsible for packaging and labelling the products appropriately and acknowledge that we will not be liable for loss or damage to products that are not, in our reasonable opinion, packaged appropriately. You should remove any memory card or other data storage device from the products before sending them to us and acknowledge that we will not be responsible for the loss of any such devices or data or images held on them.
10.4 We reserve the right to amend or cancel any quotation or to offer a revised quotation following inspection of the products. If we offer a revised quotation by phone or email, you will have the right to accept or reject the revised quotation. Such quotations will be open for acceptance for a maximum period of seven days. We will require acceptance of a revised quotation to be in writing (i.e. by email).
10.5 In the event that we decline the products following inspection or you do not accept a revised quotation, then we will return the products to you by courier at our expense.
10.6 Once we have: (i) inspected the products and confirmed our original quote; or (ii) received written acceptance from you of any revised quote that we may have provided, we will process a credit for the agreed value to your account with us and inform you of final acceptance of the transaction by email. Upon crediting your account and providing this confirmation, ownership of the products will pass immediately and irrevocably to us. Second hand products are not purchased for cash.
11. Warranty On Sale Of New & Used Products
11.1 Warranties on new products we sell vary from product to product and are affected by the circumstances of any fault. Warranties on new products also vary between manufacturers and can extend beyond our warranty as a retailer. As a guide to the manufacturers extended warranty we give an estimate on the product pages but you should familiarise yourself with any extended warranty included and by the manufacturer or their UK agent. This can normally be found on the manufacturers UK website.
11.2 Unless otherwise stated, all second hand or used items sold by Grovers will benefit from a limited, non-transferable warranty which is valid for six months from the date of purchase. The warranty covers parts and labour costs in relation to the repair of any fault which occurred during normal usage of the item (subject to the exclusions set out below). We reserve the right to repair, replace or refund goods under this warranty.
11.3 The above warranty is subject to the following exclusions: (i) accidental damage and misuse; (ii) wear and tear; (iii) faults caused by shock or fall, sand, dust, dirt, damp or corrosion, leaky batteries, an act of war or terrorism, fire, theft, attempted theft, accidental or malicious damage, vandalism, corrosion, water contamination or ingress, frost, flooding or other adverse weather conditions, repair or cleaning by unauthorised personnel; (iv) faults that have occurred because you have not used, stored or handled the product properly or have not followed written instructions for use the product; (v) damage or defect due to wilful neglect or negligence by anyone other than us; (vi) faults relating to image sharpness of a lens that are clearly open to human judgement; (vii) faults occurring to items where parts are no longer produced, such that the item cannot be repaired; (viii) loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer; (ix) faults due to the connection of other fittings or accessories to the product which we have not approved; (x) lost or damaged data; and (xi) loss or damage to consumables such as batteries and memory cards; (xii) collimation of astronomy telescopes; xiii) collimation of binoculars beyond 28 days after purchase.
11.4 In the event that you need to make any claim under a warranty, please contact our Sales team who will be able to provide you with further details to ensure your claim is processed swiftly. The warranty is subject to proof of purchase being provided; therefore you should retain your sales invoice or receipt. The warranty is not transferable to a third party.
12. Other Terms
12.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Site using your shopping account and/or your personal information.
12.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
12.3 Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
12.4 Survival: Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
12.5 Entire agreement: This Agreement governs our relationship with you. Any changes to this Agreement must be in writing and signed by both parties. You confirm that, in agreeing to accept the Agreement, you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Agreement. In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
13. Online Vouchers
Terms and conditions applicable to Grovers online vouchers:
13.1 Only one promotional voucher is permitted per order.
13.2 Promotional voucher codes may only be redeemed on the Web Site toward the purchase or delivery of products.
13.3 Please note that a minimum purchase may apply to voucher code promotions exclusive of postage and packing.
13.4 Promotional vouchers cannot be used retrospectively, i.e. applied to orders already placed with us.
13.5 This promotional voucher has a cash value of GBP 0.001 and is not transferable or assignable.
13.6 Certain products may be exempt from voucher code promotions, for instance money off voucher codes cannot be used against the purchase of Grovers Gift Vouchers in all cases. See promotion specific terms and conditions for details.
13.7 Grovers reserves the right to cancel / remove online voucher code promotions at any time.
13.8 Please note that voucher codes cannot be used in conjunction with any other voucher offer.
13.9 Voucher codes for free delivery only apply to the UK mainland.
14. Battery Recycling Scheme
You can find your local waste portable battery recycling facility at www.recyclenow.com
Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.
15. WEEE Recycling Scheme
Grovers is a Member of the Government's WEEE DTB Scheme (Waste Electrical and Electronic Equipment Distributor Take Back). Your nearest collection point can be found by visiting the following website and entering your postcode:http://www.recycle-more.co.uk/banklocator/banklocator.aspx
16. Matters Beyond Our Reasonable Control
Grovers shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.