Terms & Conditions

MKO LIMITED TERMS AND CONDITIONS OF SUPPLY

Any Order and subsequent purchase of Goods (as defined below) or services from MKO Limited shall be governed by the following terms and conditions. Please read them carefully.  By accessing our website, you are deemed to accept these Terms & Conditions as stated.  If you do not agree to accept our Terms & Conditions, please do not use our website.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

In these Conditions:

"Martyn Kemp Opticians" is the trading name for MKO Limited, trading on the internet at www.mko.co.uk, on the telephone at 0114 233 3083 and by mail order to MKO Limited, South Road, Walkley, Sheffield S6 3TA.

"We" / "Us" / "Our" refers to MKO Limited, "You" / "Yours" refers to the Customer.

Customer Obligations

By placing an order with MKO Limited you confirm:

That you are aged 16 or over and are not registered blind or partially sighted;

That you are in possession of a written prescription for your spectacles that has been provided to you by a suitably qualified person and is dated within the last 24 months (or 12 months if you are aged 70 or over); and

That upon request, you will supply us with accurate details of your current prescription (including any notes on the prescription)

Orders to MKO Limited must be submitted either via the web at www.mko.co.uk or by telephone on 0114 233 3083.

Submission of an order represents an offer to purchase Goods from MKO Limited, and we may confirm receipt of this offer via email (for orders placed via the site) or verbally (for orders placed via telephone).

Orders for Prescription spectacles are only accepted by us once your payment has been processed and they have been reviewed and authorised by a member of our Dispensing staff. In the case of the non-prescription goods, your order is accepted once the required payment has been accepted or when the relevant goods are shipped, whichever occurs first. We will confirm acceptance of your order via email or verbally.

Limitations of Supply

We will make reasonable efforts to ensure that all orders are fulfilled but cannot guarantee the immediate availability of all products. If the goods you have ordered are unavailable, we will try to contact you to enquire if you wish to receive an alternative or a refund. If we are unable to contact you, we will cancel the order and provide a full refund.

On the advice of our Dispensing staff, we have absolute discretion as to whether or not to accept your order.

If considered necessary or appropriate before an Order is accepted, our Dispensing staff have absolute discretion:

to contact you to discuss your order, provide advice and/or, if practical, arrange a free face-to-face consultation with you;

to request that you send us a copy of your written prescription;

to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription;

to request that you obtain your pupillary distance measurement from your optician; or

request that you obtain a new written prescription from your optician.

Prices and Payment

Prices stated are inclusive of any Value Added Tax (VAT) that MKO Limited has to pay to HMRC.

We will  do our utmost to ensure the accuracy of the prices and price related information stated on the site, however should there be any price discrepancies  a member of our Dispensing staff reviewing and authorising your order will notify you of the error before your order is processed. You will then have the choice to either accept the correct price or to cancel your order.

Delivery and Carriage

We will make all reasonable efforts to ensure your goods are dispatched to you as quickly as possible after placing your order, and we will advise you by email when your goods are dispatched.

Goods will be delivered  to the address provided by you when you placed your order.

If your goods are not received in good condition within a reasonable number of days of you receiving notification of dispatch, you should contact us. Upon receipt you should inspect the goods as soon as possible to satisfy yourself that they are as expected.

In the case of non-delivery, if the fault lies with either MKO Limited or our courier the choice of a full refund or re-delivery will be offered.

Returns (of Goods)

We will provide prescription spectacles to the specification you have provided at the point of your order. If we do not provide you with the same prescription as the one you ordered, then we will reglaze at no cost to yourself.

Within 7 days of receiving your spectacles you will have the right to return them (for a full or partial refund) to us as part of our commitment to distance selling regulations;

Prescription spectacles – We shall deduct the costs involved in glazing your spectacles from the refund.

Sunglasses – These must be returned in perfect condition and a full refund will be provided less a £7.50 handling charge.

Copyright and Trademarks

The site's design, names, text, images, graphics, logo are all owned by, or licensed to, MKO Limited. They may not be reproduced for any commercial or public purpose without the expressed consent of MKO Limited.

The "Martyn Kemp Opticians " name or any other registered or unregistered trademarks displayed on the site may not be used without the prior consent of MKO Limited.

These Terms and Conditions of Sales should be read in conjunction with the MKO Limited Privacy Policy. Your statutory rights are not affected. For more information about your statutory rights, please visit the Department of Trade and Industry's Consumer Gateway website at: www.consumerdirect.gov.uk.

Your right to cancel

Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase at any point from the time of ordering until seven working days after delivery.

If we've already shipped your order, you'll need to package the items and send them back to us.

Privacy and cookie policy

1. INTRODUCTION

 By sending emails or registering on the site you are providing us with personal information and consenting to the processing and transferring of  that information as described by this notice.     If you disagree with the way we process data collected on the site, we recommend that you do not use the site. Your privacy is important to us. This Privacy and Cookie Policy explains what information we collect about you and what we do with it. Please read it carefully.

MKO Limited,  maintain this site www.mko.co.uk (the "site") for visitors wishing to either find out more about our business or to purchase  products  from us using this site. MKO Limited is registered as a data controller under the Data Protection Act 1998, our company number is 2292115 and our registered office is at: 443 Herries Road, Sheffield S5 8TJ

2. WHAT TYPE OF DATA DO WE COLLECT ABOUT YOU?

Personal data relating to Internet users viewing the site may be collected through the site on each of the following occasions:

data regarding navigation may be collected by our web servers or by cookies when you are browsing the site;

data regarding your identity and email address may be collected when you send an email to us through the site (if you choose to do so), for instance via the ‘Contact’ page or where you submit an order form in accordance with our Terms and Conditions;

data regarding your identity may be collected by the site on registration for online ordering; and

data regarding your identity, medical details as contained on any prescription or other supporting information that you provide to us, whether by email, telephone, fax or post.

Upon collection the personal data will be stored for as long as is reasonably necessary to provide goods and services, including after sales services to you, in accordance with our Terms and Conditions.

3.WHAT IS A COOKIE?

A cookie is a tiny element of data that is stored on your computer's hard drive by your web browser when you access a website. The site makes use of the following types of cookie technology:

A "Session cookie", which contains a random ID number automatically allocated to your computer by the webserver for the duration of your visit. It is meant to make your use of the site faster and easier. It will be deactivated after thirty minutes of inactivity on the site and will be automatically removed from your computer when you close your browser.

A "Script generated cookie" is automatically allocated to your computer when you register to access any restricted areas of the site and on each subsequent visit. It only contains an identifier, which will enable the site to identify you as a registered user so that you do not have to identify yourself again while you move from one server to another during your visit. It will remain on your computer after your visit until you remove it. It will be placed again at your next visit.

Third-Party Cookies

We may use third-party advertising companies or affiliates to display advertisements on our website. These third-party advertising companies or affiliates may separately place or recognise a cookie file on your browser in the course of delivering advertisements to the site. We cannot see the information collected or stored in third party cookies. We do not provide personal data about you to these third party advertisers or affiliates or to any other third party.

You do not have to agree to the use of cookies. For information on how to reject cookies, see below Removing and Disabling Cookies Section. However, in order to use the payment section of the site, we recommend that you do not block the recording of cookies on your computer.

4. REMOVING AND DISABLING COOKIES

If you don’t want us to place cookies on your computer at all, you can set your browser to disable or reject cookies. This will mean that no websites will be able to place cookies on your computer. You can do this by adjusting the preferences within your browser. This may mean, however, that you will not be able to enjoy full use of all parts of the site.

If you want to remove previously stored cookies, you can manually delete the cookies at any time. This will not prevent websites from placing further cookies on your computer.

To find out exactly how to disable/remove, please go to http://www.aboutcookies.org/default.aspx5.

5. WHAT WE DO WITH THE INFORMATION WE COLLECT ABOUT YOU

DATA COLLECTED BY WEB SERVERS AND COOKIES

The web servers that serve the site collect the IP address of users who visit the site, their site navigation information (page requested, time of request, browser type and server response) as well as the user name if the user has registered to any restricted areas of the site.

This information is regularly aggregated and de-identified so that the number of visits to the site and its pages, the average time spent on the site and the pages viewed, etc., can be measured and analysed to improve our product offerings and marketing approach and to improve the site's content and functionality. This information will not be used to create individual visitors' profiles. We will not track the individual navigation of visitors, except in the very limited cases where a visitor faces navigation problems, which require a technical intervention to correct the problem or to detect potential intrusions.

DATA COLLECTED ON SENDING AN EMAIL TO THE OWNER

You may want to send an email to us through the site, for instance via the 'Contact' pages. By doing so, you will provide us with basic information about yourself, such as your email address, telephone numbers, your name, your query and could include certain medical information.

We will not use the information you provide when sending us emails for purposes other than responding to your message, handling your query or your order, analysing your feedback and/or suggestions and for improving the site.

Except if provided to others, as set out below, the supplied data will be kept on the site’s secured servers and computer systems, protected from outside intrusions.

DATA COLLECTED THROUGH SUBMISSION OF ORDER FORM

In addition to a copy of your prescription from a registered medical practitioner or registered ophthalmic optician, or details thereof as applicable you are required to provide the personal information set out in the order form.

This information, as well as your password, is processed by us for the purpose of processing your order form, delivering goods to you and otherwise performing our obligations to you in accordance with our Terms and Conditions. If you do not wish to register, but would still like product or service information, all you need to do is to call the telephone number provided on the ‘Contact’ page or send us an email.

If you specify on the "Cardholder Details" page that you are interested in receiving news from MKO Limited, your personal data will be used and transferred for direct marketing purposes. Except as expressly stated in this Privacy and Cookies Policy and in our Terms and Conditions we will not send you email messages or junk mail, and your details will not be passed to ANY organisation beyond MKO Limited without your explicit permission.

6. TRANSFER OF THE DATA COLLECTED VIA THE SITE TO THIRD PARTIES

Data collected by web servers and cookies are not transferred to any third parties.

Data collected on sending an email may be provided, to the extent necessary to handle your order, to our offices or laboratories (including those of our affiliates, agents or representatives) as well as vendors whose assistance is needed to handle your query.

Data collected through the site may also be transferred to others from time to time in the following cases as needed to perform the data processing purposes described in this Policy:

at your request, on your order or subject to your prior agreement, to recipients specified by you;

to authorised third parties in compliance with our statutory or regulatory obligations;

to recipients whom are operators acting on our behalf in their capacity as agent, authorised proxy, sub-contractor, service provider or in any other capacity, including suppliers in charge of hosting or maintaining the site;

to our laboratories;

other third party businesses selected by us for the purposes of direct marketing, if you tick in the relevant box on the "Cardholder Details Page" page;

in case of a change of control or acquisition or the whole or part of the assets or business of MKO Limited, the data collected through this site will be transferred to the acquiring entity.

7. TRANSFERRING YOUR DATA OUTSIDE EUROPE

We do not transfer your data outside Europe.

8. SUBJECT ACCESS RIGHTS

At law you have the following rights

a subject access right, which enables you to be told whether, we hold any personal data about you and to obtain a copy of that information;

a right to get personal data relating to you rectified, completed, updated, blocked or erased when incomplete, unclear, obsolete or processed unlawfully;

a right to object to the processing of data relating to you on legitimate grounds and a right to object free of charge to the use of data for solicitation purposes.

We will comply with such rights as provided under applicable law. If you wish to exercise your subject access right, please contact us in writing at the address set out on the site with sufficient information to identify yourself and the information you require. We will respond to your request within 40 days. We reserve the right to charge £10 for complying with a subject access request.

9. SECURITY

Except if provided to others in the circumstances set out in this Policy, the data supplied by you will be kept on the site’s secured servers and computer systems, protected from outside intrusions.

10. LINKS FROM THE WEBSITE TO OTHER WEBSITES

The site may contain links to the websites of our business partners, advertisers or other third parties. We do not control the privacy policies or the terms of use of the websites reached through the links from the site. These may differ from the policy and terms of use of the site. You will need to determine if they are acceptable to you. We accept no responsibility for the content or the privacy practices employed by such other websites.

11. CHANGES TO THIS PRIVACY AND COOKIE POLICY

We reserve the right to make changes to this Policy from time to time and reserve the right to do so. Any changes to the Policy will appear on this page, which you should check from time to time. By continuing to use the site you are deemed to accept changes to this Policy.

12. CONTACTING US

If you have any questions about any aspect of this Policy or want to discuss how we handle your data you can contact us by email, post or telephone.