T&C’s

Who are we?

Hello we are FINLAY. In the past we’ve been known as FINLAY London and we’re sometimes referred to as FINLAY & CO. Ltd by the people in suits. We provide products and services through www.finlayandco.com (which includes www.eu.finlayandco.com and www.us.finlayandco.com) and through our physical stores. For ease, we’ll refer to ourselves as ‘we’, ‘us’ or ‘Finlay’ in the wordy sections below. Before using our goods and services, we’d advise reading the terms and conditions. These terms and conditions are legally binding and we’d advise getting in touch by email if you have any questions (contact details at the bottom). By using our website, you are indicating that you accept our terms of use and agree to abide by them. If you don’t agree with the terms and conditions, we’d ask for you to refrain from using the website. We are a registered limited company in the UK with company number 07910188 and VAT number 170177420.

Changes to these Terms & Conditions

The world moves quickly and from time to time we might have the need to edit these terms and conditions to ensure they adequately reflect our operations and the relevant laws that govern these topics. We have the right to close the website at any time or prevent access to users. Material on this website may be out of date at any given moment and we are under no obligation to update this information. Given the changes that might occur to these terms and conditions, please review this section regularly.

Privacy

Our Privacy Policy explains how we collect and use your information. Please review it if you would like to understand more.

Products and services

We have made every effort to display as accurately as possible the colours of our products that appear on the website. The images of any products, including the frames, on the website are for illustrative purposes only. Although we have made every effort to display these 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. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. 

 

All products shown on the website are subject to availability. Products purchased are for personal use or gifting and should not be used for commercial use or re-sold.

Ordering process

Placing an order

When you place an order on our website we shall email you an order confirmation email. Our acceptance of your order does not take place until we have dispatched your order, at which point the contract for the purchase of goods will be made. Should we notify you of any changes to the order you have placed, you shall have the right to either amend your order accordingly or cancel your order. 

 

Once you have checked out and you have received your order confirmation email it may be difficult to make any changes to your order, so please ensure that everything is correct before placing your order.

Orders placed through our website are processed by our third party payment facilitator. 

 

Refusal of an order

We reserve the absolute right to refuse an order at our discretion. Non-acceptance of an order may result from (but is not limited to) the following reasons: 

• the product ordered being unavailable from stock
• our inability to obtain authorisation of payment
• the identification of an error within the product information, including price or promotion
• you order multiple quantities of an individual product to be shipped to one customer or delivery address
• the delivery address is not a valid shipping address
• we suspect any fraudulent activity

 

If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time. 

 

Pricing

Prices are subject to change without notice. These changes will not affect orders that have already been dispatched. Prices are inclusive of VAT (where applicable).

 

We continually update our website. From time to time our stores may run special local promotions (which may not be available on our website) or we may offer special discounts online that are not available in stores. Additionally, some website promotions may not be available to customers in particular jurisdictions.

 

We retain the right to refuse an order with a given promotional code if we deem the customer to have obtained a code that was not originally intended for them.

 

Customs

We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes however in some countries additional duties may be payable to your tax authorities on receipt of your delivery. We have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. We recommend you contact your local customs authority to determine a landed cost price prior to submitting your order. 

 

Age

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

 

Additional information

We may request additional details when necessary for your specific order, such as: 

• a new written prescription from your optician or a copy of your previous prescription - if you’re ordering a product that requires a prescription
• details of the optician who provided your prescription to verify and/or discuss your prescription; 
• your pupillary distance measurement from your optician

By placing an order you give your agreement to receive communication from us via email or telephone regarding your order. 

 

You confirm that the details you provide to us in respect the credit/debit card or payment method being used are yours and that all details are complete, correct and accurate. You further confirm that the credit/debit card is valid. If, during validation or authorisation checks performed by the card issuer or payment method provider, the payment method is refused we will not accept your order, nor are we obliged to inform you of the reason for the refusal. 

 

We are not responsible for any amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency indicated in your order, the final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you. 

We reserve the right to issue or make available any invoice in electronic form and you agree to such a form of invoicing.

 

Gift Cards

A Finlay Gift Card entitles the owner to purchase products up to the nominated value at a Finlay store or from our website. Once used, the card value will only be valid in that currency. The value on the card can be used for purchases in whole or in part, and on multiple occasions. It cannot be topped up, exchanged or redeemed for cash, or transferred to another Finlay Gift Card. 

 

Discount Codes

Discount codes and offers will be available from time to time. Each discount may have specific guidelines for geographical and age requirements. A clear start and end time will be indicated; these will be according to Greenwich Mean Time (“GMT”) and discounts outside these times will not be accepted. Any discounts or offers will not be valid in conjunction with any other offer or promotion and no cash alternative will be given. Only one offer per customer and if any purchases bought as part of a promotion are returned, the customer will receive a refund of the total value paid shown on their purchase receipt. In the event of returning the order for a refund, the amount used from the promotion code will not be refunded. Finlay reserves the right to amend or change any offer or discount at any time without notification. We cannot take responsibility for discount codes published without permission on third-party websites. 

 

Returns

We guarantee to refund any non-personalised* item you are not completely happy with when you return it to us in an unworn and saleable condition within 30 days of receipt by post. Please ensure you contact care@finlayandco.com to arrange any returns before sending.

 * personalised items are any frames purchased with the following; engraving, blue light filter, transition, prescription lenses, polarised lenses and/or nose pads

Refunds will be credited to your original method of payment. Orders paid for using split payment (part gift card, part other payment method) will always be refunded to the gift card(s) first. Any remaining balance will be paid back to the other payment method originally used. Your statutory rights are not affected by our returns policy.

Buy Now Pay Later Orders - Orders purchased using Buy Now Pay Later (Klarna or ClearPay) can only be returned to the website.

Finlay or our logistics partners are liable if the goods are damaged or lost in transit, however you will need to report this to our customer service team within seven days of ordering - email care@finlayandco.com. If goods are lost or damaged when returning the product, the customer is liable. 

Any products to be returned by yourself shall be at your own cost and any re-import duty charges or shipping will be deducted from your refund.

 

Cancellation

It is important to check your goods when the shipment is received in order to verify that products are undamaged and correct. If you receive your item and see that you have been sent an incorrect item or it is damaged, please contact us within 24 hours. Any communication should be made to our customer service team via email care@finlayandco.com. Please supply the order number and the reason for complaint and we will get back to you promptly with instructions on how to return the item. It is important that the product being returned is packaged in such a way that it cannot be damaged in transit. Customers are entitled to a refund of the shipping cost if the product suffers a manufacturer fault. This will be decided by Finlay upon receipt of the returned product. Finlay has the right to replace defective goods with goods of the same model. If the item has been discontinued, the customer will receive a replacement product up to the same value.

 

If the goods ordered are bespoke to you and produced to your specification (“engraved” and/or “prescription”), you will not be able to cancel your order after the order confirmation has been sent to you. Cancellation after the order has been dispatched is not possible; in cases where the order has been dispatched, the customer is required to receive the order. Cancellation is not valid until the customer has confirmed with Finlay by email - care@finlayandco.com and the email has been acknowledged by us.

 

When ordering frames with prescription, we understand that there can be issues with lenses. We will work with you to try and resolve any issues with seeing through the lenses, but please note: returns are not possible for frames that have had a prescription added.

Payment Options 

We accept American Express, Visa, Visa Delta, Visa Electron, Maestro, MasterCard, Solo, PayPal, Klarna and ClearPay. Please see www.paypal.com for information on PayPal payments. If you are using Klarna or ClearPay, such payment will be subject to additional terms between you and the payment company. 

 

The prices shown on our website include any VAT (or similar sales tax) at the prevailing rate for which we are responsible as the seller. The amount you pay will be the price indicated plus any delivery charges and if applicable duties and taxes. The delivery charges will depend on the delivery option that you choose and will be shown during the checkout process. The duties and taxes will be dependent on the location you are shipping to.

Warranty

All Finlay branded products are guaranteed for one year from the date of purchase under the following conditions. To claim under the warranty, you must provide proof of purchase and the date thereof and pay the costs of all shipping charges. We recommend that you choose a shipping option that includes insurance against loss or damage and additionally allows for tracking of the package. Finlay is not responsible in any way for loss, or damage to, the product during shipment.

 

When claiming under warranty: please include:

• The personal details of the sender, a valid address for shipping, phone number and email address.
• A brief description of the problems identified with the product and request for replacement or repair.
• A copy of the sales receipt.

 

If the replacement or repair request is made within one year of purchase, and the damage is attributable to defects in materials or workmanship, the sunglasses will be repaired or replaced as deemed most appropriate by Finlay. In the event that the damage is not attributable to Finlay, we will contact you to let you know any additional cost required for repair. If no replacement is available the customer may choose a product of the same value as their replacement but no cash refund will be made after 30 days of original purchase. You can agree to the repair or decline the offer and ask us to return the unrepaired product at your own expense. 

 

The warranty does not cover the following:

• Damages, and/or malfunctioning of the sunglasses after the expiry of the terms of warranty.
• Damages, and/or malfunctioning of the sunglasses, caused by signs of natural wear.
• Damages caused by personal fault
• Scratches on the lenses which are as a result from normal use and wear

Please note: Postage, insurance and other non-repair expenses are excluded from warranty.

For any queries regarding the warranty of non-Finlay branded goods purchased from Finlay, please refer to the brand’s own warranty and contact them directly. 

Intellectual property

All of the content that appears on this website, including all designs, illustrations, photographs, video clips and written materials, as well as the compilation of the website, and other materials, are the exclusive property of Finlay and are protected by international copyright laws. All trademarks and the overall “look and feel” of the website are proprietary to Finlay. You may not display, reproduce, or otherwise use the content or materials without first receiving written consent from us. Any unauthorised use of any content or materials is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws. 

Limitation of Liability

We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website 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 data, loss of goodwill or 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. 

Governing Law

Finlay is based in London within the United Kingdom. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this website. 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. 

Contact Us

If you have any questions about any material that appears on this website or about these terms and conditions - please contact our team - care@finlayandco.com

25/07/2020