Terms & Conditions

This Site and App are operated by Cubitts KX Limited, trading as Cubitts, ("We"). We are registered in England and Wales under company number 08254044. Our VAT number is 201 8539 30. We are a limited company.

2.1. Access to the Site and the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site or the App is unavailable at any time or for any period.

2.2. In using the services made available to you through the Site and the App, including but not limited to the ordering of prescription spectacles, you hereby confirm that:

2.2.1. You are aged 16 or over and are not registered blind or partially sighted; and

2.2.2. You have had your eyes tested by a suitably qualified optician within the last 2 years (12 months if you are aged 70 or over) and are in possession of the associated written prescription from which you have submitted details accurately onto the Site as and where required.

2.3. 2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4. 2.4. When using the Site or the App, you must comply with the provisions of our acceptable use policy.

2.5. You are responsible for making all arrangements necessary for you to have access to the Site and the App. You are also responsible for ensuring that all persons who access the Site and the App through your internet connection are aware of these terms, and that they comply with them.

3.1. The images of any products, including the frames, on the Site or the App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the frames and as a result, your frames may vary slightly from those images.

3.2. All products shown on the Site and the App are subject to availability. ;

4.1. 4.1. For the purposes of these terms of use, ”Intellectual Property Rights” means copyright and related rights, trade marks and service marks, trade names and domain names, rights in designs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply for, and be granted) renewals or extensions of, and rights to claim priority from, these rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; “Materials” means all materials, including text, posts, replies, comments, video, audio, photographs, images, illustrations, animations, logos, information, data and graphics.

4.2. With the exception of the Intellectual Property Rights in the Materials owned by a third party, we are the owner or the licensee of all Intellectual Property Rights in the Site and the App, such rights being protected by copyright laws and treaties around the world. All such rights are reserved.

4.3. You may print off one copy, and may download extracts, of any page(s) from the Site or the App for your personal reference and you may draw the attention of others to material posted on the Site or the App.

4.4. 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.

4.5. Our status (and that of any identified contributors) as the authors of Material on the Site and the App must always be acknowledged.

4.6. You must not use any part of the materials on the Site or the App for commercial or business purposes without obtaining a licence to do so from us or our licensors. You must not use any part of the Site or the App, or the materials on the Site or the App, in any way which may prejudice or damage the reputation of Cubitts.

4.7. If you print off, copy or download any part of the Site or the App in breach of these terms of use, your right to use the Site and the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.1. Only individuals who are at least 18 years old are allowed to make orders on the Site or the App. Those under 18 years old are allowed to use our Services, but only under a direct supervision of a legal guardian.

5.2. Orders are placed through the Site or the App, by selecting a frame in accordance with the Site or the App instructions, entering your prescription details in the form provided and placing an order, which will be processed through our third party payment facilitator.

5.4. We may reject orders at our absolute discretion, but normally for good reason.

6.1. All prices quoted are exclusive of VAT

6.2 The Buyer shall be responsible for any applicable taxes, customs duties, and other charges imposed by the relevant authorities

6.3 The Buyer shall only submit orders using the
Suppliers online B2B website unless agreed otherwise.

6.4 Payment terms shall be immediate for the first order, and then 30 days from the date of the invoice unless agreed otherwise. Late
payments may be subject to interest charges.

7.1. Although we shall make every reasonable effort to deliver your products on time, time shall not be of the essence.

7.2. Should for any reason the products you have ordered become lost or damaged in transit, we shall, at our sole discretion, either replace the goods or reimburse you for all amounts received.

7.3. We are only able to deliver to a valid shipping address, complete with name of recipient, and the countries to which we ship may change from time to time. We shall be entitled to supply products in instalments.

7.4. Cancellation and Return Policy To cancel an order please email wholesale@cubitts.com prior to delivery. 

7.5. Any products to be returned from outside of the UK shall be at your own cost.

7.6. Refunds on orders from outside of the UK will not include the outbound shipping cost.

7.7 Any duties and taxes payable will be at the cost of the receiver unless agreed otherwise in advance

8.1. Cubitts KX LTD shall ensure that the eyewear meets industry standards for quality.

8.2. The Buyer shall inspect the goods upon receipt and notify the Supplier of any
defects or discrepancies within 5 days of receipt.

9.1. Commentary and other materials posted on the Site or on the App 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 the Site or the App, or by anyone who may be informed of any of its contents.

10.1. We warrant that on delivery the products shall:

10.1.1. conform in all material respects with their description on the Site or on the App;

10.1.2. be free from material defects in design, material and workmanship; and

10.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

10.1.4. be fit for purpose.

10.2. While we take all reasonable care in the sourcing and packaging of the products, which should reach you materially as described on the Site or on the App, there may be minor variations due to factors beyond our reasonable control.

10.3. Subject to clause 10.4, if:

10.3.1. you give notice in writing to us within a reasonable time of discovery that the products do not comply with the warranty set out in clause 10.1; and

10.3.2. you (if asked by us to do so) return such products to us at your cost until such time as we agree that the products do not comply with the warranty as set out in clause 10.1, we shall, at our option, replace the defective products, or refund the price of the defective products in full.

10.4. Notwithstanding clause 10.3, we offer a no quibble 30 day guarantee on all our products, starting from the date you first receive the products, following which we shall not be liable for products that fail to comply with the warranty set out in clause 10.1 in any of the following events: 10.4.1. the details of any prescriptions were incorrect, or entered incorrectly at the time of your order;

10.4.2. you use and damage the products after giving notice in accordance with clause 10.3;

10.4.3. the defect arises because of your failure to follow any applicable instructions as to the storage or use of the products; or

10.4.4. the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

10.5. Except as otherwise provided in this clause 10, we shall have no liability to you in respect of the products’ failure to comply with the warranty set out in clause 10.1.

10.6. These terms shall apply to any replacement products supplied by us.

10.7. The above warranties are in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

11.1. We do not in any way exclude or limit our liability for:

11.1.1. death or personal injury caused by our negligence;

11.1.2. fraud or fraudulent misrepresentation; nor

11.1.3. any other liability which cannot be excluded or limited under applicable [UK] law.

11.2. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or the App or in connection with the use, inability to use, or results of the use of the Site or the App, any websites linked to it and any materials posted on it, including, without limitation any liability for:

11.2.1. loss of income or revenue;

11.2.2. loss of business;

11.2.3. loss of profits or contracts;

11.2.4. loss of anticipated savings;

11.2.5. loss of data;

11.2.6. loss of goodwill;

11.2.7. wasted management or office time; and 

11.2.8. 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

11.3. Subject to the above, the use of this Site and the App and our products are provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

12.1. We process information about you in accordance with our privacy policy. By using the Site or the App, you consent to such processing and you warrant that all data provided by you is accurate.

13.1. Information you have uploaded to the Site or the App, including prescription data and a photo (as may be necessary for an augmented reality try-on of a frame, shall be kept in accordance with our privacy policy and only stored for as long as reasonably necessary.

13.2. 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 the Site or the App.

13.3 You agree that the information you provide when using the Site or the App is not misleading, and is true and accurate in all respects. Further, you will notify info@cubitts.com of any changes to that information.

14.1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

15.1. You must not misuse the Site or the App by 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 the Site or the App, the server on which the Site or the App is stored or any server, computer or database connected to the Site or the App. You must not attack the Site or the App via a denial-of-service attack or a distributed denial-of service attack.

15.2. 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 the Site or the App will cease immediately.

15.3. 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 the Site or the App or to your downloading of any material posted on it, or on any website linked to it.

16.1. 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 or 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.

16.2. Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

16.3. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

16.4. If you wish to make any use of material on the Site other than that set out above, please address your request to info@cubitts.com.

17.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.

18.1. “Cubitts” is a UK registered trade mark of Cubitts. 

19.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

19.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site. Each provision of these terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unavoidable, that provision shall be deemed severable from and not affect the enforceability of any other provision.

21.1. By responding to our request to use your photos on our social channels with YES you agree to the following:

You grant Cubitts a royalty free worldwide license to use any photos in relation to which you have responded YES for its marketing and/or in its advertising, including the online store, emails, social media – Cubitts channels and paid social media, store materials and other customer communications. Cubitts may use, reproduce, distribute, combine with other materials, alter and/or edit your photos in its sole discretion.

You hereby represent and warrant that:

i) You own all rights to your photos,

ii) You have permission from any person(s) appearing in your photos to grant the rights herein, and

iii) Cubitts’ use of your photos will not violate the rights of any third party or any law.

You hereby release and discharge Cubitts from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above; and you hereby release, discharge and agree to hold Cubitts and any person acting on Cubitts’ behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the photos as described above.

To remove photos please contact info@cubitts.com.

22.1. If you have any concerns about material which appears on the Site, please contact info@cubitts.com.

23.1. The Buyer agrees not to sell the eyewear online without the
prior written consent of the Supplier, and never in the United Kingdom.