TERMS & CONDITIONS
Our Contract
These Terms and Conditions together with your
Order constitute the entire Contract between us and you for
the supply of Products.
Governing Law
These Terms and Conditions shall be governed
by the laws in force in Victoria and shall be subject to the
non-exclusive jurisdiction of the courts of Victoria.
General
By using the site or purchasing goods using
the site, you agree to abide by the terms and conditions set
forth in this notice. If you do not agree to abide by these
terms and conditions do not use the site or purchase goods using
the site.
We accept no liability for any failure to comply
with these terms and conditions where such failure is due to
circumstance beyond our reasonable control.
We reserve the right to change the Terms and
Conditions at any time without prior notice to you and all changes
will take effect from the date of inclusion on the website.
If any of these terms and conditions are held
to be invalid, unenforceable or illegal for any reason, the
remaining terms and conditions shall nevertheless continue in
full force.
Trade Mark and Copy Rights
E Try-on™ and other web site designs and
logos, and service names used on this web site is protected
by copyrights, trademarks, and other intellectual property rights
which are owned and controlled by us. All other brands and names
(including third-party product names) are the property of their
respective owners. You may not adapt, reproduce, store, distribute,
transmit, print, display, perform, publish or create derivative
works from any part of this website for commercial purpose without
first obtaining the written permission from us.
Nothing contained in the website should be construed
as granting any license or right of use of any trademark or
part of any trade mark displayed on the website without the
express written permission from us or third party owner.
Legal Capacity to Transact
If you are under the age eighteen (18) years
you can not place orders on www.opticaldirect.com.au.
By accepting these Terms and Conditions you
acknowledge that you are over the age of eighteen (18) years.
Should we suffer any damage or other losses
as a result of a transaction entered into by a minor, we reserve
the right to seek compensation for such losses from the parents
or guardians of the minor who caused any order(s) to be placed
with us.
Place your Order
You may place an order by filling in the Order
Form on the OpticalDirect.com.au web site and clicking the "Make
Payment Now" button.
By placing an Order, You enter into a legally
binding contract with us.
You must not be registered blind, or partially
sighted and be legally able to purchase prescription eyewear.
For powered contact lenses (contact lenses that
provide vision correction) and prescription glasses order, you
confirm that you have had an eye test in the past 24 months
and that you have a valid prescription for the contact lenses
and/or prescription eyeglasses that you are ordering. You understand
that spectacle prescription can not be used to order contact
lenses and contact lens prescription can not be used to order
prescription glasses. You are responsible for entering the correct
information according to your prescription.
We shall use the PD value provided by you and rely on the accuracy of this value to process your order.
While we provide instruction for measuring PD for your convenience, self-measured PD is used at your own risk.
We do not take responsibility for problem incurred due to inaccurate PD value obtained by following this instruction.
We recommend that you consult your optometrist to obtain your PD before ordering.
We reserve the right to reject any order received
at any time. We will advise you of the order rejection where
possible but are not required to provide a reason for the rejection
or notification of rejection. We will not be responsible for
any damage or losses that you may suffer if we fail to supply
goods.
Payment must be received before we will accept or process your
order. You may not cancel your order once submitted unless we
agree in writing to the cancellation of the order.
Payment Methods And Processing
We currently accept PayPal, Visa and MasterCard
only.
Orders placed on a weekend or a Public holiday
will not begin processing until the next business day.
Business days are Monday through Friday, excluding
VIC Public holidays.
Credit Card Fraud
We have put in place security measures to protect
the loss, misuse, or theft of information under our control.
All transactions are protected by VeriSign, a world-renowned
online security system, ensuring as far as possible that every
transaction is 100% safe.
Whilst we employ such measurements (e.g. security
code) for its transactions with our customers, we will not be
responsible for any damages, consequential losses (whether direct
or indirect) suffered by a customer whose credit card is fraudulently
used or is used in an unauthorised manner.
Prices
We reserve the right to change prices for products
displayed on our web site at any time without notice and in
the event of a pricing error. In the event of a pricing error
on the product you have ordered, we will notify you and you
have the option to cancel the order if the new price is greater
than the original price.
Colour Presentation of the Products
We cannot guarantee that the colour of the products
shown on this website will look the same as the actual product
that you receive. Although we use highly advanced photographic
techniques and take special care to ensure accurate colour representation,
actual colour can vary from that shown due to the varied colour
settings used by your computer monitor.
Delivery of Your Products
We will make all possible efforts to dispatch
your orders within 10 working days for stock lenses or
3 weeks for lenses which require special treatment such
as grinding lenses. However, we do not guarantee that
we will dispatch your orders within this time frame.
We shall not be liable to delay, losses
or damages incurred during delivery after dispatch of
your order.
Unless otherwise agreed by us, we will deliver
your Products to the address indicated on your Order Confirmation.
Should you not receive your order within
30 days you must notify us in writing within 45 days of
placing your order or your order will have deemed to have
been received, otherwise no claim will be considered for
non-delivery.
You must inspect your order on receipt and
notify us within 7 days of any damage, error or the like. You
must not utilise your glasses should this occur. You must return
the item to us within 14 calendar days from the date the item
was received. If you do not notify us within 7 days or not return
the item within 14 days we will not be responsible for any damage
or losses that you may suffer.
Our Guarantee
1. No refunds, credit or replacements are offered
if you change your mind about the product, made an incorrect
choice, or failed to verify information you provided to us when
placing an Order.
2. Prescription Guarantee
We guarantee 100% accuracy on all prescriptions
as per order or they will be remade at no charge. However, we
do not take the responsibility for incorrect prescription provided when you place your order. Please check that the prescription
information you entered is correct before submitting your order.
3. Repairs and Manufacturer’s Warranty Policy
All prescription frames are warranted for 1
Year from the date of purchase against any manufacturer’s
defects. Manufacturer’s defects include: structural design,
hinges, welding points, and colourings. Manufacturer’s defects
DO NOT include: flagrant misuse causing frame damage, scratching
or tarnish; pet damage; destruction or damage by vehicle; stepping
on or sitting on the frame; bending or twisting the frame; or
any other damage not considered a manufacturing flaw. Our warranty does not cover damage or breakage on the lenses
such as crazing, chipping caused by yourself. We highly recommend impact resistant lenses, for example polycarbonate,
high index 1.60 and high index 1.67 lenses, for semi-rimless frames and child wearers.
Chipping problem found on none impact resistant lenses fitted to semi-rimless frames are not covered by warranty.
Linked Websites
This website may contain links to other websites
(“linked websites”). Those links are provided for convenience
only and may not remain current or be maintained. We are not
responsible for the content or privacy practices associated
with linked websites.
Disclaimer
To the extent permitted by law, we exclude all
liability arising from or relating to your use of this website
including the purchase of goods.
Details contained on this website have been prepared in accordance
with Australian law and may not satisfy the laws of any other
country. We do not warrant that the details on this website
concerning those goods or services will satisfy the laws of
any other country.
Our liability for any loss or injury suffered by you, breach
of conditions implied or otherwise, warranty whether implied
or otherwise will be limited to the value of the goods purchased
by you.
Despite our best efforts we cannot warrant the validity,
adequacy, completeness or accuracy
of any information on this website and therefore do not accept
liability for any loss suffered by you in relying on the information
contained on this website.
Privacy Policy
Please refer to the Privacy Policy, which form
part of these Terms and Conditions of Use.
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