Terms & Conditions
These terms and conditions regulate the business relationship between You and Us. By using or accessing Our Website or by buying Goods on the Website, you agree to be bound by them. No person under the age of 18 years may purchase Goods. If you are under 18, please ask an adult to make your purchase.
In this agreement:
Carrier means any person or business contracted by the Third Party Supplier to deliver the Goods to you.
Consumer or You means any natural person who, in connection with this agreement, is acting for purposes which are outside their business.
Content means any material in any form published on Our Website by us or any third party with our consent.
Goods means any of the goods we offer for sale on Our Website.
Material means Content of any sort posted by you on Our Website.
Nearest Practice means the Eyecare Plus practice nearest to your delivery address.
Our Website means the entire computing hardware and software installation that is or supports [insert website]
Third Party Supplier means the supplier for the Goods, to whom the order you place with us is forwarded.
Us or We means the owners of the business conducted from Our Website.
2. Our contract with you
These terms and conditions apply:
2.1 To you as a visitor to Our Website and to you as a buyer or prospective buyer of our Goods.
2.2 We will accept your order by confirmation on Our Website with email confirmation of the order and copy of the invoice. Dispatch of the order will be as per the notified timeframes on Our Website.
2.3 We may change these terms from time to time. The terms that apply to you (in relation to the Goods ordered) are those posted here on Our Website on the day you order Goods.
2.4 You acknowledge that the Goods are owned by a Third Party Supplier and not by Us and accordingly We cannot guarantee that Goods advertised on our website are available.
2.5 If the Third Party Supplier does not have the Goods you order in stock, we may offer you alternatives. If this happens you may:
(a) accept the alternatives we offer; or
(b) cancel all or part of your order;
2.6 Any orders for Goods which require a optical prescription will only be confirmed and dispatched once we have received a valid and current optical prescription from you. You warrant that any optical prescription your provide is current and valid.
2.8 The parties agree that order placed and made via our website constitute a sale between You and the relevant Third Party Supplier of the Goods, occurring in the state of New South Wales, Australia.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself to enable delivery of any Goods ordered by you.
3.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your device, which you use to access Our Website
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4. Price and Payment
4.1 We endeavour to keep Our Website and catalogue prices updated and accurate but it is possible that the price for any Goods may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.4 Prices for Goods include goods and service tax as levied by the Commonwealth of Australia.
5.1 Deliveries will be made by a carrier instructed by the third party supplier.
5.2 We do not deliver Goods outside the Commonwealth of Australia.
5.3 Goods are sent at our risk until delivered to the address you have given to us for delivery.
6. Goods returned for online orders
6.1 Further to your rights under Australian Consumer Law, this clause 6 applies to any Goods ordered through our Website.
6.2 All Goods ordered on our Website come with a 30 day return policy, unless the Goods are faulty, this policy is conditional on the Goods remaining sealed, unopened and unmarked original boxes. Further any warranties prescribed by the Third Party Supplier will be available to you.
6.3 To return any Goods under clauses 6.1 or 6.2 you must:
(a) tell us by email message to [insert email] or by phone call to your Nearest Practice to arrange to send the Goods back to your Nearest Practice. To find your nearest practice you will need to use Our Website or call 1300 Eyecare. You will need to specify exactly what Goods were purchased and when they were purchased, and give full details of the defect or other reason for return; and
(b) return the Goods as soon as any defect is discovered.
6.6 So far as possible, in relation to defective Goods, Goods should be returned:
(a) with both Goods and all packaging as far as possible in their original condition;
(b) securely wrapped;
(c) including our delivery slip; and
(d) at your risk and our costs as agreed by Us with you.
6.7 Your Nearest Practice will endeavour to process your refund to your original account within 1 – 2 weeks after receiving the Goods. You will be notified via email once your refund has been completed.
7.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
7.3 We give no warranty and make no representation, express or implied, as to:
(a) the adequacy or appropriateness of the Goods for your purpose;
(b) the truth of any Content on Our Website published by someone other than us;
(c) any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; and
(d) compatibility of Our Website with your equipment, software or telecommunications connection.
7.4 Our Website contains links to other internet websites outside our power and control. You acknowledge and agree that we will not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
7.6 In any event, including the event that any term or condition or obligation on our part (Implied Term) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Goods you have purchased.
8. Content and Intellectual Property Rights
8.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content, whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
8.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and will remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
8.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
8.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
8.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
9. System Security
9.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
9.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
9.3 You may not use any software tool for the purpose of extracting data from our website.
9.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10. Miscellaneous provisions
10.1 Nothing in this agreement or on Our Website will confer on any third party any benefit or obligation.
10.2 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
10.3 No waiver by us, in exercising any right, power or provision in this agreement will operate as a waiver of any other right or of that same right at a future time; nor will any delay in exercise of any power or right be interpreted as a waiver.
10.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
10.5 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
10.6 This Agreement will be governed by and construed in accordance with the law of the state of New South Wales and the Commonwealth of Australia.