TERMS AND CONDITIONS OF USE
Thank you for visiting our website (the "Site"). We know that our clients lead busy
lives and so this site has been created to offer you the ability to select high
quality eyewear and contact lenses from us whenever it is convenient for you. It
is not intended to replace the personalised eye health care that we will give you
when you visit our practice. The site offers a wide selection of optical frames,
lens choices, sunglasses and contact lenses. If you are unsure about your selection,
please do not hesitate to call us during office hours, send us an email or drop
in and see us and we will make sure that your choices are the best for you. By using
the Site you agree to be bound by the terms set forth herein. We may make changes
to the Site, these Terms and Conditions of Use, or the policies and conditions that
govern the use of the Site at any time. We encourage you to review the Site and
these terms periodically for any updates or changes. Your continued access or use
of the Site shall be deemed to be your acceptance of these changes and of the reasonableness
of these standards for notice of changes.
VALID PRESCRIPTION REQUIRED
You hereby certify that you have a valid prescription for the lens or contact lenses
that you are ordering. You represent and warrant to us by placing an order that
your information you enter into the Site is valid and true. We will confirm your
prescription before commencing the procurement process. You further certify that
you will renew your prescription in strict accordance with our suggested regime.
You understand that we will not fulfil your order unless you have a valid prescription.
You hereby consent to our contacting your optometrist (if the prescription is not
held by us), if necessary, to verify your prescription information and any other
necessary information.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications we provide to you electronically satisfy
any legal requirement that such communications be in writing.
TRADEMARKS
All brands and names contained on this site are the property of their respective
owners.
DISCLAIMER OF WARRANTY
The content (as defined below) contained in this site is provided as a service to
our customers. This site does not contain information about all eye diseases, nor
does this site contain all medical information that may be relevant to your eyecare
needs. The information provided in this site is only general health information,
and is intended only to facilitate communication between you and your professional
eyecare provider. This site does not provide medical diagnosis for any individual
and must not be used as a substitute for professional medical advice, diagnosis,
treatment or care. All specific medical questions you may have about your specific
medical condition, treatment, care, or diagnosis must be presented to your professional
eyecare provider. You should never disregard medical advice or delay seeking professional
advice because of any information contained in or related to this site. The information,
services, and products contained in this site are provided "as is" without warranty
of any kind, express or implied. We and our medical advisors, consultants, and staff
expressly disclaim and exclude all warranties with respect to all information, services,
and products contained in this site, expressed or implied, including but not limited
to any warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that information, services, and products contained in this site
will satisfy your requirements or is without defect or error.
LIMITATION ON LIABILITY
You acknowledge and agree by your use of this site to assume full responsibility
for all risk associated with your use of this site, including responsibility for
all costs associated with all necessary servicing or repairs of any equipment you
use in connection with your use of this web site. Under no circumstances shall we
or any other party involved in creating, producing, or distributing the site be
liable for any direct, indirect, incidental, special, or consequential damages for
loss of profits, good will, use, data or other intangible losses (even if we have
been advised of the possibility of such damages) that result from (i) the use of
or inability to use the site, (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the site; (iii)
unauthorized access to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on the site; or (v) any other matter relating to the
service. You hereby acknowledge that this paragraph shall apply to all content,
merchandise, and services available through the site. Because some states and provinces
do not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states and provinces liability is limited to the fullest extent
permitted by law. You agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to or transmit through the
site, your use of the site, your connection to the site, your violation of the terms
of use, or your violation of any rights of another.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the checkout form
for your account information (the "Account Information") and (b) maintain and promptly
update the Account Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we may suspend or terminate your account and refuse any
and all current and future use of the Site. Account Information and certain other
information about you is subject to our Privacy Policy. For more information, please
see our full Privacy Policy. Link at the bottom of the website. YOUR CONDUCT Any
conduct by you that in our sole discretion restricts or inhibits any other user
from using or enjoying the Site will not be permitted. You agree to use the Site
only for lawful purposes. You are prohibited from posting on or transmitting through
the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically,
or otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state, national,
or international law. You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Site, use of the Site,
or access to the Site unless you first obtain our express written consent to do
so. You agree not to access the Site by any means other than through the interface
that is provided by us for use in accessing the Site.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs,
graphics, videos, text, images, typefaces, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, or other proprietary rights,
and that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective
work under the Australian copyright laws, and we own a copyright in the selection,
coordination, arrangement, and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed, you may make copies
of select portions of the Content, provided that the copies are made only for your
personal, information and non-commercial use and that you do not alter or modify
the Content in any way, and maintain any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights notices.
You may not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other proprietary right. In addition to the foregoing, use of
any software Content shall be governed by the software license agreement accompanying
such software, if any.
COLOR AND PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colours of our
products that appear at the Site. However, as the actual colours you see will depend
on your monitor, we cannot guarantee that your monitor's display of any colour will
be accurate. We have attempted to be as accurate as possible. However, we do not
warrant that the product descriptions are accurate, complete, reliable, current,
or error-free. If a product offered by the Site is not as described, your sole remedy
is to return it in unused condition.
We will issue a full refund or replacement of goods in all instances where
- prescription contact lenses or related products are supplied to the wrong specification
as per your prescription;
- contact lenses or related products are supplied damaged; and
- the products you have ordered are returned to us as undeliverable by the postal
service.
- product is returned within 30 days of purchase
In all instances (save returns to us as undeliverable) you should contact our customer
services to request a return and the relevant return address. A refund or replacement
will be issued to you following their receipt at that address within 30 days of
that date. If goods are returned as undeliverable, you will be contacted by email
for confirmation of the delivery address. If no reply is received within a reasonable
period and in any event within 30 days of the return of the goods, then a refund
will be made within 30 days of that date. You will need to organise & incur any
costs to deliver the goods to be returned to the practice under this article before
a refund will be processed. We may refuse to accept future orders from those who
have made previous unsubstantiated claims for non-delivery of goods. Refunds will
be limited to the maximum value of the original order, including delivery charges
and will only be issued against the same credit or debit card account as supplied
to pay for the goods. We reserve the right to proportionately reduce the level of
the refund if only some of the original quantity of contact lenses or related products
is returned, or if it is clear that some of the products have been used. In the
case of goods returned under your cooling off right, these must be returned undamaged
and unused to qualify for a refund (no open packages).
EYEGLASSES POLICY
Shipping and Payment When you place your order, you can choose
your shipping method: choose either a click & collect method to pick up from us
at the practice or have your order delivered to your nominated address. If you order
frames with single vision lenses, we will manufacture your order within 3-7 business
days and then ship it to you according to your chosen delivery method. If you order
frames with an upgraded lens option, such as tinting or higher index lenses, we
will manufacture your order within 5-7 business days and then ship it to you according
to your chosen delivery method. Your overall expected delivery date will depend
on the delivery method chosen. Please keep in mind that quality assurance technicians
inspect and verify each and every eyeglass order. If your eyeglasses happen to fail
quality assurance, your expected delivery time will be delayed. We accept the following
forms of online payment: Visa & Mastercard
No Risk Return Policy
Our 100% Satisfaction Guarantee means that you can trust us to deliver high quality,
brand name eyeglasses to you at affordable prices. Our no-risk return policy means
that you can order glasses, try them on, and, if you're not satisfied, return them,
together with the complimentary accessories shipped to you, within 30 days after
the date of purchase for an exchange or full refund. If you'd like to return your
eyeglasses, simply visit us at the practice to arrange. If you can’t make it into
the practice you will need to organise & incur any costs to deliver the goods to
be returned to the practice under this article before a refund will be processed.
We are currently unable to accept returns of eyeglasses if the eyeglasses or their
complimentary accessories are not in their original merchantable condition, or if
the eyeglasses or their complimentary accessories are returned more than 30 days
after the date of purchase.
Frame Guarantee
Your Frame is protected by our exclusive guarantee. We will repair, maintain, adjust
or replace your frame, as appropriate, if they fail in any way within two years
of purchase. Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and
for compensation for any other reasonable foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
Lens Guarantee
Your new lenses are protected by a 12 month manufacturer’s lens coating warranty.
Should a manufacturing fault be identified within the 12 month warranty period,
your lenses will be replaced. Please note that this guarantee does not cover scratches
or damage that may occur as a result of normal use.
Glasses Care
Handling and treating your glasses with care and undertaking regular cleaning will
help ensure your glasses remain in premium condition.
- Always keep your glasses in their case when not in use
- Always place your glasses face up when putting them onto a surface
- Avoid leaving your glasses near extreme heat.
- Use both hands when handling your glasses.
Prescription
If you are currently our client, we will ensure that your current prescription is
used in your glasses. If you have used a different optometrist in the past, they
should provide you with a paper copy of your prescription that you can upload to
us via the checkout process. Keep in mind that spectacle and contact lens prescriptions
can be different, so you should ensure that you are ordering the parameters for
your spectacles and not for your contact lenses.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any Content,
records, or electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or appropriate to operate
the Site; or (iii) to protect our rights or property or the rights of the users.
We are not responsible for screening, policing, editing, or monitoring such Content.
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive
Content, we may investigate the allegation and determine in our sole discretion
whether to remove or request the removal of such Content from the Site. We may terminate
your access, or suspend your access to all or part of the Site, without notice,
for any conduct that we, in our sole discretion, believe is in violation of any
applicable law or is harmful to the interests of another user, a third-party or
us. Because customer service is paramount to our business, we reserve the right
to refuse to sell products to you if it reasonably appears to us that you intend
to resell the products. In addition, we reserve the right to limit quantities of
items purchased by each customer.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our
products, including the Site. We request that you be specific in your comments on
our services and products. If you send us comments, suggestions, ideas, materials,
notes, drawings, concepts, or other information (collectively, "Submissions"), the
Submissions shall be deemed, and shall remain, our property. None of the Submissions
shall be subject to any obligation of confidence on our part, and we shall not be
liable for any use or disclosure of any Submissions. Without limiting the foregoing,
you agree that we shall exclusively own and hereby assign to us without compensation
or further obligation all now known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions, including the right to publish
on the Site or elsewhere and to use the Submission, including any suggestions, ideas,
etc. contained herein.
APPLICABLE LAW
We make no representation that the Content in the Site is appropriate or available
for use in other locations, and access to it from territories where its content
is illegal or prohibited. Those who choose to access the Site from other locations
do so on their own initiative and are responsible for compliance with applicable
local laws.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree
to be bound by the Terms and Conditions of Use, you must cease your use of the Site.
Subject to applicable law, we reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of the Site with or without notice.
You agree that any termination of your access to the Site may be effected without
prior notice, and acknowledge and agree that we may immediately deactivate or delete
your account and all related information and files in your account and bar any further
access to such files or the Site. Further, you agree that we shall not be liable
to you or any third-party for any termination of your access to the Site.
PRIVACY POLICY
Read our full privacy policy. Link at the bottom of the website.
POLICIES
Security Policy
We take the security of your information very seriously. Our e commerce system uses
the latest SSL (Secure Sockets Layer) technology - the industry standard for encryption
technology. It is used to create a secure transaction environment for commerce on
the Internet. If your browser and local network support the use of encrypted data
transmissions, our Secure Checkout mode locks all information (i.e.: your credit
card number) passed from you to our payment gateway in an encrypted envelope, making
it extremely difficult to be intercepted by an unauthorized party. SSL technology
is compatible with Netscape, Internet Explorer, AOL, Web TV and most other browsers.
This ensures that your credit card information remains totally secure. It's about
as secure as using your local bank machine.
GENERAL INFORMATION
These Terms and Conditions of Use constitute the entire agreement between us (you
and us) and govern the use of the Site. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party content
or third-party software. Our failure to exercise or enforce any right or provision
of the Terms and Conditions of Use shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions of Use is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavour to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms and Conditions of Use remain
in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Site
or the Terms and Conditions of Use must be filed within one year after such claim
or cause of action arose or be forever barred. The section titles in the Terms and
Conditions of Use are for convenience only and have no legal or contractual effect.
Effective Date: January 2015
