Terms & Conditions

Terms & Conditions

Optical Marketplace™ Limited aims to connect sellers and buyers of second-hand optical goods. Optical Marketplace™ Limited does not represent the credibility of the Seller or Buyer or their ability to complete the transaction. Optical Marketplace™ Limited has no liability to the Seller or Buyer. If you feel unsure about any aspect of the transaction Optical Marketplace™ Limited encourage you to ask questions of the Seller or Buyer you are dealing with in order to satisfy yourself of all aspects.

Acceptance of terms

Please read these Terms and conditions ('Terms' carefully as use of the website on the worldwide web directed by the URL www.opticalmarketplace.co.uk ('the Website') constitutes your acceptance of these Terms. Optical Marketplace™Limited reserves the right to update the Terms at any time by displaying amended Terms on the Website. You will be deemed to have agreed to the amended Terms when you next use this Website following any amendment. The Website Disclaimer and Privacy Policy are part of the Terms of use of this Website.

Your use of this Website

Optical Marketplace™ Limited admits you to this Website in order to provide you access to the optical marketplace. You will not use this Website for any unlawful purpose including, without limitation, posting inaccurate, or false information about yourself or equipment you may wish to sell on this Website or, posting material containing any virus or interfere with the operation of this Website or attempt to decipher, or modify any of the software, coding or information comprised in this Website.

Optical Marketplace™ Limited in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Website and/or to delete from the Website without prior notice to you any material that deems not to comply or to be objectionable for any reason.

Optical Marketplace™ Limited offer the opportunity for users to sell second-hand optical goods ('the Equipment') to other business entities, through your use of this service you are representing that you are purchasing the equipment on behalf of a business entity for business use and that you have the authority to bind that entity to these Terms.

All details of Equipment to be sold via the Website, including photograph and textual descriptions ('the Advertisement(s)') shall be submitted to Optical Marketplace™ Limited for approval prior to being published on the Website.

Optical Marketplace™ Limited shall have the right to edit, alter or modify the Advertisement for the purposes of correcting errors, redesigning the Advertisement to Optical Marketplace™ Limited's house style and removing any material which may, in the opinion of Optical Marketplace Limited, damage Optical Marketplace™ Limited's reputation or breach these Terms. Optical Marketplace™ Limited, has the right at its sole discretion to decline to publish or omit or suspend the Advertisement. You grant to Optical Marketplace™ Limited a right to use, reproduce, display, transmit and distribute the Advertisement (or any part thereof) on the Website or by any other means of electronic communication or in print.

The opportunity of displaying the Advertisement on the home page of the Website under the Premier Ad option is subject to availability of space on the home page and the sole discretion of Optical Marketplace™ Limited.

Any party wishing to sell Equipment ('the Seller') is responsible for the accuracy of the Advertisement. The Seller warrants that all information submitted to Optical Marketplace™ Limited is not misleading, is legal, accurate and complies with current legislation pertaining to the sale of and description of goods.

The Seller should note that the Buyer shall be entitled to return the Equipment and receive a full refund if the Equipment is not of satisfactory quality and as described in the Advertisement, therefore care should be taken to be accurate.

All Advertisements are published in good faith by Optical Marketplace Limited, however, Optical Marketplace™ Limited does not in any circumstances except responsibility for the accuracy or otherwise of any published Advertisement nor is any kind of warranty expressed or implied by such publication as to the quality of the Equipment or its suitability for any purpose, and all or any such warranties, whether express or implied by statute, common law or otherwise, are hereby excluded.

OPTICAL MARKETPLACE LIMITED HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER (INCLUDING LIABILITY FOR CONSEQUENTIAL LOSS OR LOSS OF PROFIT) HOWSOEVER ARISING FROM THE PUBLICATION OF ANY ADVERTISEMENT OR USE OF THE EQUIPMENT WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF OPTICAL MARKETPLACE LIMITED OR ITS SERVANTS, AGENTS OR ANY OTHER PERSON.

The Seller will indemnify Optical Marketplace™ Limited against all loss, damage, costs, claims and expenses which Optical Marketplace™ Limited may suffer or incur as a result of any material breach of these Terms, without prejudice to the generality of the foregoing, this indemnity will extend to material placed on the Website which breaches the intellectual property right of any third parties notwithstanding any publication by Optical Marketplace™ Limited.

Selling Equipment

The Seller undertakes to give a full and accurate description as to the quality and working order of the Equipment in the Advertisement.

The Seller supplies the Equipment on the basis that the Buyer will ensure, so far as reasonably practicable, that the Equipment will be safe and without risks to health when properly used.

By submitting details of the Equipment for sale on this Website the Seller is representing that the Equipment is of a satisfactory quality, that he is legally able to sell the Equipment and that it is lawful to sell such Equipment. The Seller is responsible for ensuring that they have the right to use the content of the Advertisement. The Seller is responsible for assuring the availability of the Equipment as advertised on the Website for the duration of the Advertisement. The Seller must inform Optical Marketplace™ Limited immediately if the Equipment becomes unavailable for sale through this Website.

Optical Marketplace™ Limited will inform the Seller, by email, when an interested party ('the Buyer') offers to buy the Equipment ('Notice of Sale'). Optical Marketplace™ Limited shall forward contact details of the Buyer to the Seller to enable despatch of the Equipment to the Buyer.

The Seller must despatch the Equipment to the Buyer within 48 hours of receipt of the Notice of Sale.

The Seller may opt to use the delivery service, which may be offered on the Website at the discretion of Optical Marketplace™ Limited. If the Seller chooses to use this service the delivery cost ('the Delivery Cost') shall be borne by the Seller.

On Acceptance of the Equipment by the Buyer the sale proceeds will be forwarded by Optical Marketplace™ Limited to the Seller after deducting fifteen per cent (15%) or ten percent (10%) plus vat of those proceeds by way of a fee for selling the Equipment ('the Fee')together with any Delivery Cost incurred directly by Optical Marketplace™ Limited.

Should the Equipment be unavailable for sale by the Seller upon receipt of the Notice of Sale Optical Marketplace™ Limited will charge the Seller an administration fee of £5.00 (five pounds).

The Seller agrees to indemnify Optical Marketplace™ Limited for the delivery cost of returned Equipment pursuant to the Returns Policy.

Buying Equipment

The Buyer should satisfy himself as to the suitability and quality of the second-hand Equipment advertised.

The Buyer undertakes under section 6 (8) of Health and Safety at Work Act 1974 that he will ensure, so far as reasonably practicable, that the Equipment will be safe and without risks to health when properly so used by. The Buyer shall connect the equipment to an electricity supply if applicable and test the functionality of the Equipment by proceeding through the functions of the Equipment designed for its intended purpose.

By proceeding through the payment stages of the Website the Buyer is offering to purchase the Equipment. Optical Marketplace™ Limited upon receiving notice from the Buyer that he wishes to purchase the Equipment shall inform the Seller of the Notice of Sale. The Buyer shall choose his preferred method of payment as set out on the Website and forward payment for the Equipment directly to Optical Marketplace™ Limited. The contract is not concluded between Buyer and Seller until Optical Marketplace™ Limited confirm to the Buyer that the Equipment is available for sale. Should the Equipment be unavailable for purchase for any reason whatsoever Optical Marketplace™ Limited shall refund the payment in full to the Buyer.

Despatch and Delivery

The Seller shall despatch the Equipment within 48 hours of the receipt of Notice of Sale. Time shall not be of the essence.

The Seller is responsible for the cost of delivery. The seller is responsible for risk to the Equipment during transit and Optical Marketplace Limited therefore recommends the Seller obtain insurance for this purpose.

Delivery is deemed to take place when the Buyer signs the delivery note.

Acceptance of Equipment

The Buyer must inspect and test the Equipment to ensure it conforms to the Advertisement within 2 working days of receipt of the Equipment. If the Equipment is not of satisfactory quality the Buyer should comply with the Returns Policy. The Buyer will be deemed to have accepted the Equipment if after 2 working days of delivery he has not informed Optical Marketplace™ Limited that he wishes to reject the Equipment "(Acceptance"). Upon Acceptance Optical Marketplace™ Limited will forward the sale proceeds minus the Fee to the Seller.

Returns Policy

If the Equipment is not of satisfactory quality, or as described in the Advertisement the Buyer may reject the Equipment and return it to the Seller and the Seller shall be responsible for the cost of delivery. The Buyer must inform Optical Marketplace™ Limited of his wish to reject the Equipment within 2 working days of delivery.In some instances where the goods are new there will be 25% restocking Fee.

Title

The Seller shall retain title to and ownership of the Equipment until Optical Marketplace™ Limited has received payment in full of all sums due from the Buyer for the Equipment and notice of the Buyer's Acceptance.

Risk

The risk of loss or damage to the Equipment shall pass to the Buyer upon delivery of the Equipment.

Terms & Conditions of Use (Consumers)

Acceptance of terms

Please read these Terms and Conditions ('Terms') carefully as use of this service on the worldwide web directed by the URL www.opticalmarketplace.co.uk ('the Website') constitutes your acceptance of these Terms. Optical Marketplace™ Limited reserves the right to update the Terms at any time by displaying amended Terms on the Website. You will be deemed to have agreed to the amended Terms when you next use this Website following any amendment. The Website Disclaimer and Privacy Policy are part of the Terms of use of this Website.

Your use of this Website

Optical Marketplace™ Limited admits you to this Website in order to provide you the opportunity to buy or sell second-hand Goods, educational equipment or other goods ('the Goods'). You will not use this Website for any unlawful purpose including, without limitation, posting inaccurate, or false information about yourself or equipment you may wish to sell on this Website or, posting material containing any virus or interfere with the operation of this Website or attempt to decipher, or modify any of the software, coding or information comprised in this Website.

All details of Goods to be sold via the Website ('the Advertisement(s)') shall be submitted to Optical Marketplace™ Limited for approval prior to being published on the Website.

Optical Marketplace™ Limited shall have the right to edit, alter or modify the Advertisement for the purposes of correcting errors, make the Advertisement conform to Optical Marketplace™ Limited's house style and to remove any material which may in the opinion of Optical Marketplace Limited damage Optical Marketplace™ Limited's reputation or breach these Terms. Optical Marketplace™ Limited has the right at it sole discretion to decline to publish or to omit or suspend the Advertisement. You grant to Optical Marketplace™ Limited a right to use, reproduce, display, transmit and distribute the Advertisement (or any part thereof) on the Website or by any other means of electronic communication or in print.

A party wishing to sell Goods ('the Seller') is responsible for the accuracy of the Advertisement. The Seller warrants that all information submitted to Optical Marketplace™ Limited is not misleading, is legal, accurate and complies with current legislation pertaining to the sale of and description of goods.

OPTICAL MARKETPLACE LIMITED HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER (INCLUDING LIABILITY FOR CONSEQUENTIAL LOSS OR LOSS OF PROFIT) HOWSOEVER ARISING FROM THE PUBLICATION OF ANY ADVERTISEMENT WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF OPTICAL MARKETPLACE LIMITED OR ITS SERVANTS, AGENTS OR ANY OTHER PERSON.

Selling Goods

By submitting details of the Goods for sale on this Website the Seller is representing that the Goods are of a satisfactory quality, that he is legally able to sell the Goods and that it is lawful to sell such Goods. The Seller is responsible for ensuring that they have the right to use the content of the Advertisement. The Seller is responsible for assuring the availability of the Goods as advertised on the Website for the duration of the Advertisement. The Seller must inform Optical Marketplace™ Limited immediately if the Goods become unavailable for sale through this Website.

Optical Marketplace™ Limited will inform the Seller, by email, when an interested party ('the Buyer') offers to buy the Goods ('Notice of Sale'). Optical Marketplace™ Limited shall forward contact details of the Buyer to the Seller to enable despatch of the Goods to the Buyer.

The Seller must despatch the Goods to the Buyer within 48 hours of receipt of the Notice of Sale.

The Seller may opt to use the delivery service which may be offered on the Website at the discretion of Optical Marketplace™ Limited. If the Seller chooses to use this service the delivery cost ('the Delivery Cost') shall be borne by the Seller.

On expiry of the Cancellation Period the sale proceeds will be forwarded by Optical Marketplace™ Limited to the Seller after deducting fifteen per cent (15%) or ten percent (10%) of those proceeds by way of a fee for selling the Goods ('the Fee') together with any Delivery Cost incurred directly by Optical Marketplace™ Limited.

Should the Goods be unavailable for sale by the Seller upon receipt of the Notice of Sale Optical Marketplace™ Limited will charge the Seller an administration fee of £5.00 (five pounds).

Buying Goods

By proceeding through the payment stages of the Website the Buyer is offering to purchase the Goods. Optical Marketplace™ Limited upon receiving notice from the Buyer that he wishes to purchase the Goods shall inform the Seller of the Notice of Sale. The Buyer shall choose his preferred method of payment as set out on the Website and forward payment for the Goods directly to Optical Marketplace™ Limited. The contract is not concluded between Buyer and Seller until Optical Marketplace Limited confirms to the Buyer that the Goods are available for sale. Should the Goods be unavailable for purchase for any reason whatsoever Optical Marketplace™ Limited shall refund the payment in full to the Buyer.

Despatch and Delivery

The Seller shall despatch the Goods within 48 hours of the receipt of Notice of Sale. Time shall not be of the essence.

The Seller is responsible for the cost of delivery.

Delivery is deemed to take place when the Buyer signs the delivery note.

Acceptance of the Goods

The Buyer must inspect the Goods immediately upon receipt and shall notify Optical Marketplace™ Limited of his acceptance of the Goods within 24 hours of delivery. If the Buyer does not communicate with Optical Marketplace™ Limited within 24 hours of delivery it shall be deemed that the Buyer has accepted the Goods.

Returns Policy

The Buyer has 7 working days to return the Goods. The Buyer wishing to cancel the order must notify Optical Marketplace™ by sending an e-mail to info@opticalmarketplace.co.uk. The 7 day cancellation period begins with the day after the day on which the Buyer receives the Goods ('the Cancellation Period'). Delivery costs for returning Goods shall be paid by the Buyer. In some cases a 25% restocking Fee will be payable

Title

The Seller shall retain title to and ownership of the Goods until Optical Marketplace™ Limited has received payment in full of all sums due from the Buyer for the Goods.

Risk

The risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods.

Contact Details

As an alternative to the contact details given in these Terms, Optical Marketplace™ Limited may be contacted at P.O. Box 425, Chorley, Lancs, PR6 9WQ.

Terms and Conditions for Website

Advertising

Acceptance of Terms

The following Terms and Conditions ("Terms") apply to the advertising contract and each future request for the supply of advertising services received from the client from time to time unless otherwise agreed in writing. The supply of advertising services on the worldwide web directed by the URL www.opticaldirectory.co.uk ("the Website") shall be subject to these Terms which shall take precedence over any terms and conditions the client may submit.

Price and Payment

In return for the displaying of advertising on the Website the client shall pay the fee specified by Optical Marketplace™ Limited at the time of enquiry ("Job Cost"). Optical Marketplace™ Limited reserves the right to charge the client interest at 4% per year above the base rate of Barclays Bank Plc from time to time accruing daily on every invoice overdue for payment calculated from the date of the invoice until the date of payment. Optical Marketplace™ Limited reserves the right to require the client to pay the total Job Cost prior to the commencement of advertising.

Any changes to the advertising requested by the client after the conclusion of the contract may be subject to charges in addition to the Job Cost.

Term and Termination

Unless terminated as provided here, the advertisement will be displayed on the Website for a period of one (1) year from conclusion of the contract. Either party may terminate the contract upon thirty (30) days written notice. Such termination shall be without prejudice to the parties' accrued rights and liabilities; for example, Optical Marketplace Limited's entitlement to payment for the advertising.

Display of Advertisements

The client shall provide an electronic image of the advertisement which is to appear on the Website. The advertisement shall be submitted to Optical Marketplace™ Limited for approval prior to being published on the Website.

Optical Marketplace™ Limited shall have the right to edit, alter or modify the advertisement for the purposes of correcting errors, making the advertisement conform to Optical Marketplace™ Limited's house style and to remove any material which may in the opinion of Optical Marketplace Limited damage Optical Marketplace™ Limited's reputation or breach these Terms. Optical Marketplace™ Limited has the right at its sole discretion to decline to publish or omit or suspend the advertisement. The client shall grant to Optical Marketplace™ Limited a right to use, reproduce, display, transmit and distribute the advertisement (or any part thereof) on the website or by any other means of electronic communication or in print.

Unless otherwise agreed the advertisement will be displayed on random pages of the website.

The client is responsible for the accuracy of the advertisement and warrants that the advertisement is not misleading, is legal, accurate and complies with current legislation pertaining to advertising and the subject matter of the advertisement.

All advertisements are published in good faith by Optical Marketplace Limited, however, Optical Marketplace™ Limited does not in any circumstances accept responsibility for the accuracy or otherwise of any published advertisement nor is any kind of warranty expressed or implied by such publication.

Limitation of Liability

OPTICAL MARKETPLACE LIMITED HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER (INCLUDING LIABILITY FOR CONSEQUENTIAL LOSS OR LOSS OF PROFIT) HOWSOEVER ARISING FROM THE PUBLICATION OF ANY ADVERTISEMENT WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF OPTICAL MARKETPLACE LIMITED OR ITS SERVANTS, AGENTS OR ANY OTHER PERSON.

The client will indemnify Optical Marketplace™ Limited against all loss, damage, costs, claims and expenses which Optical Marketplace™ Limited may suffer or incur as a result of any material breach of these Terms, without prejudice to the generality of the foregoing, this indemnity will extend to material placed on the website which breaches the Intellectual Property Right of any third party notwithstanding any publication by Optical Marketplace™ Limited.

Relationship of Parties

Nothing in these Terms will create or imply an agency relationship, a joint venture or partnership between Optical Marketplace™ Limited and the client.

Non-assignment

The client will not assign its obligations under these Terms in whole or in part without the prior written consent of Optical Marketplace Limited.

Optical Marketplace