TERMS AND CONDITIONS
These Terms and Conditions ("Terms") govern your use of our website and sales platform, [www.safetyspecsaustralia.com.au] ("Site"), and the purchase of eyewear and associated items ("Products"). This Site is operated by The Optometry Studio Pty Ltd trading as Safety Specs Australia (93 657 632 347). By using our Site or purchasing our Products, you agree to these Terms.
1. Acceptance of Terms
By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy (available on the Site), as well as any applicable laws and regulations.
2. Eligibility
You confirm that you have the legal capacity to enter into a legally binding agreement with us, or you have your parent’s or legal guardian’s permission (if you are under 18 years of age) to access and use the Platform, and they have agreed to the Terms on your behalf. By using our Site, you confirm that you meet this requirement.
3. Registration
You are able to view the Site as an unregistered user. Some features may have restricted access, where you must register on the Site and create an account (“Account”) to access.
4. Reliance and Advice
All information provided on this Site, or regarding any Products listed, is intended for general informational purposes only and should not be interpreted as advice on optical or other matters. You should conduct your own research and assessments based on the information from the Site and, if necessary, consult a qualified Optometrist personally. Any reliance on the information provided on this Site or via this Platform is at your own risk. We accept no responsibility for any indirect or consequential losses resulting from actions taken based on information from the Site.
5. Product Information
- Accuracy of Information: We strive to ensure that all information on our Site, including Product descriptions and prices, is accurate. However, errors may occur, and we do not guarantee the accuracy or completeness of such information.
- Pricing: The pricing of Products and services on the Platform are subject to change at our discretion, without notice.
- Availability: Product availability is subject to change without notice. We cannot guarantee the availability of Products, and if the Products you order are not available, we will contact you to provide the choice of a suitable alternative or a refund. If we cannot contact you within 21 days from the date of order to discuss these matters, we will provide a full refund and cancel your order.
- Quantity: We reserve the right to limit the quantity of Products purchased.
- Product and Image Displays: While we use our reasonable commercial endeavours to ensure the images used on the Site are representative of the style, colour, texture and size of the Product, the Product may vary from the image displayed when delivered due to digital device settings and other external factors beyond our control. We cannot guarantee that the style, colour, texture or size of the Product will exactly match that which you see on the Site.
6. Prescription Glasses
- Prescription Requirement: Prescription Products require a valid optical prescription (“Prescription”) from a qualified eye care professional (Optometrist or Ophthalmologist). It is your responsibility to provide accurate and valid Prescription information. Where you purchase items that require a Prescription, you confirm that the expiry date is less than 2 years old and has not exceeded the expiry date, and you have provided a copy of the Prescription where necessary.
- Incorrect Prescriptions: We are not responsible for any errors or inaccuracies in the Prescription provided (including transposed Prescription details).
- Prescription Verification: All Prescription orders will be reviewed by our qualified Optometrist to ensure accuracy. We may contact you if additional information is required or if the Prescription supplied is not suitable. You acknowledge that we can refuse to accept a Prescription or selected extras which would be, in our view, inappropriate and/or render the Product chosen unsuitable or unsafe for its intended use.
- Vision Concerns: If you experience any visual difficulty, particularly blurred, double or uncomfortable vision wearing the goods, please contact us. Please note that we may require you to report any unusual symptoms to the medical practitioner or Optometrist that provided you with any Prescription we fill on your behalf.
7. Order Process
- Order Confirmation: After placing an order, you will receive a confirmation email with details of your purchase. This email does not constitute acceptance of your order.
- Our Contact: A contract between us will not be formed until we send you confirmation by email that the goods in your Order (“Order”) have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed. If you make more than one Order, a new contract will be created each time you place an order.
8. Fees and Payments
- Account: It is free to register an Account on the Site. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account login credentials and for all activities that occur under your account.
- Payment Terms: Payment is due at the time of purchase. All transactions are processed in Australian Dollars (AUD).
- Payment Method: Any payments will be made through our third-party payment processor or by any other payment method set out on the Site. The payment method you choose may be subject to additional terms and conditions that are imposed by the applicable third-party payment processor. Please review these terms and conditions before using your selected payment method. Payment methods used as at the last update of these Terms are Stripe and Afterpay.
- Service Fee: To the extent permitted by law, our service fee is non-cancellable and non-refundable.
- Shipping and Delivery: Shipping costs and delivery times vary based on your location and the shipping method selected. Please refer to our Shipping Information page for details.
9. Returns and Exchanges
- Returns and Exchanges Policy: We offer a 14-day exchange policy for non-Prescription Products, and 60-day exchange policy for Prescription Products. Products are not refundable if you change your mind or make the wrong decision and are generally only offered in the event the Product is defective or incorrect. We may offer refunds at our discretion.
- In the event that a product isn’t proven to be defective in either the Prescription provided and the Product is deemed not suitable in the way that it fits or looks or in comfort, we will offer a replacement product in the first instance. You will meet any difference in the cost of the replacement Product over the original price.
- Our exchange policy is governed by the policy on our website and in these Terms.
- Defective or Incorrect Products: You must inspect your order upon arrival. If you receive a defective or incorrect Product, please contact us within 48 hours of receiving the Product for instructions on returning the Product and obtaining a replacement or refund. If you fail to give notice within this time period, the goods are deemed to be in accordance with the specified requirements. All defective goods must be returned to us within a reasonable time in full with their accompanying packaging and accessories. You will be liable for the postage and the safe return of the items where the goods are to be returned to us. However, we may, at our discretion, choose to refund you for the shipping costs in the case of faulty items.
- This paragraph does not apply if the Products are subject to consumer guarantees imposed under the Australian Consumer Law, where consumer guarantees apply.
Conditions for Returns: Products must be returned in their original condition, including packaging and any accompanying materials (which includes the Safety Certificate, if applicable)
- Cancelled Orders: Where an order for Prescription lenses is cancelled in between order and delivery, you acknowledge that it may not result in a partial refund or full refund due to the associated costs of creating Prescription Products.
10. Shipping Information and Delivery of your Order
- Costs: Shipping information and costs will be charged and displayed in accordance with the prices on our Site. This information may be updated from time to time and changed at our discretion. You should check these terms for updated information each time you decide to place a new order.
- Name on Order: When delivering a Product purchased on the Site, we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers, with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
- Delivery at Your Property: You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your Order, you will be notified, generally by a card, that we, or our delivery company, will leave at the delivery address. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund at our discretion.
- Title of Goods: Title of the Order does not pass to you until payment has been received.
- Risk: Risk of loss or damage to the Order passes to you upon dispatch. We will not be liable for any loss or damage incurred by any person as a result of delay caused by our courier that we have no control over or by any event which is out of our reasonable control or foresight, including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Non-Delivery: For non-delivery of an Order, please notify us by email as soon as possible.
11. Warranty and Liability
- Improper Use: The Optometry Studio Pty Ltd shall not be liable in any way, nor is required to warranty any Products, for any of the following:
- Any Certified Products that have been altered or modified without authorisation or permission from us
- Any defects in the Product that arise from the Individual Customer’s neglect, negligence, misuse, abuse, accidental damages like cracks or breaks, external action or from normal wear and tear, and/or;
- Any other goods, products, materials, services and/or items of any kind whatsoever and regardless of howsoever the damage or defect may have occurred
- Voided Warranty: Any warranty shall be void if installation, operating or maintenance instructions are not observed, or if parts are replaced or materials used are not in accordance with the original product specifications unless the Individual Customer can show the definitive evidence that the defect in question did not result from such non-observance of instructions
- Postage: Where a Product is returned for warranty assessment, you will be liable for the postage and the associated costs of returning the Product for assessment.
- Other Countries: Medium impact certified Prescription safety glasses are certified to AS/ANZ 1337.6 standards and non-Prescription safety glasses to AS/ANZ 1336 standards. The manufacturer warranties are specific for Australia and New Zealand.
- Damaged Products: Prescription Safety spectacles are designed to withstand an impact and once they have sustained this impact, they require replacement. The impact can include, but is not limited to, being sat on, stood on, dropped or from a projectile hitting the spectacles. These and similar impacts are not the basis of warranty claims.
12. Intellectual Property
- Ownership: All rights, title, interest and content on our Site, including text, images, graphics, logos, and designs (“Content”), is the property of The Optometry Studio Pty Ltd or its licensors and is protected by intellectual property laws. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
- Usage Restrictions: You must not copy or use (in whole or in part), reproduce, transmit, distribute, modify, sell, publish, or otherwise use any Content from our Site without our prior written consent. You must not breach any intellectual property rights connected with our Site, including but not limited to:
- Altering or modifying any part of the Content
- Causing any of the Content to be framed or embedded in another website; or
- Creating derivative works from the Content
13. Collection Notice
- Collection of Information: We collect personal information to facilitate your access to and use of the Site, to communicate with you, to address your inquiries, and for other purposes described in our Privacy Policy (available on the Site).
- Sharing of Information: We may share your information with third-party service providers who assist us in delivering our services. This includes providers of information technology, data storage, web hosting, server management, professional advice, payment processing, and business partners, or if required by law. Failure to provide this information may prevent us from providing you access to our Site. In certain situations, we may disclose your personal information to third parties located, or who store data, outside of Australia.
- More Information: For more details, please refer to our Privacy Policy (available on the Site), which provides information on: (i) how we store and use your personal information; (ii) how you can access and correct your personal information; (iii) how to file a privacy-related complaint; and (iv) our process for handling complaints.
- Consent: By providing us with your personal information, you consent to our collection, storage, use, and disclosure of your information in accordance with our Privacy Policy.
14. User Conduct
Prohibited Activities: You agree not to use our Site for any unlawful purpose or to engage in any conduct that may harm our Site or its users. Prohibited activities include, but are not limited to, posting false information, engaging in fraudulent transactions, and interfering with the operation of our Site.
15. User Content
- Permissions: You may have the opportunity to post, upload, publish, submit, or transmit relevant information and Content, including Reviews (User Content), on our Site. By providing any User Content on or through our Platform, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content. This includes the rights to view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit the User Content on, through, or by means of our Site.
- Responsibility: You acknowledge that you are solely responsible for all User Content you post on or through our Site. You also represent and warrant that:
- You either own all User Content exclusively or possess all necessary rights, licenses, consents, and releases required to grant us the rights to such User Content as outlined in these Terms; and
- The User Content, as well as its posting, uploading, publication, submission, or transmission, and our use of it on, through, or by means of our Site, will not infringe, misappropriate, or violate any third party's intellectual property rights, publicity or privacy rights, nor will it breach any applicable laws or regulations.
- Our Rights: We do not endorse or approve any User Content and are not responsible for it. We reserve the right to remove any User Content at our sole discretion at any time.
16. Limitation of Liability
- Disclaimer: Our Site and Products are provided "as is" without warranties of any kind, either express or implied, unless stated on our Site. We do not guarantee that our Site will be error-free, secure, or uninterrupted.
- Liability Limitation: To the fullest extent permitted by law, The Optometry Studio Pty Ltd is not liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues, incurred directly or indirectly, or other intangible losses, resulting from:
- Your use (or inability to use) our Site or Products.
- Any unauthorised access to or use of our servers and/or personal information stored therein
-Any errors or omissions in any content on the Site
17. Indemnification
You agree to indemnify, defend and hold harmless (including legal costs on a full indemnity basis) The Optometry Studio Pty Ltd, its affiliates, and their respective officers, directors, employees, and agents from any claims, demands, liabilities, damages, losses, and expenses arising from your use of our Site or any information you provide via this Site, your violation of these Terms, any damage to this Site, or your infringement of other rights for any person or entity.
18. Waiver
Any waiver of a provision in the Terms of service will be valid only if it is made in writing and signed by us. Without limiting the foregoing, if we choose not to act on a breach of these conditions, we still retain the right to enforce our rights and remedies in any other instances of breach.
19. Modifications
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Site. Your continued use of our Site following any changes constitutes your acceptance of the modified Terms.
20. Termination
We reserve the right to terminate, suspend or discontinue our Site, without notice, for any reason, either entirely or partially. We may, at any time and without prior notice, suspend or exclude any individual from using our Site at our sole discretion, for any reason, including for breach of these Terms. We are not liable for any losses or damages you may incur as a result of such suspension or exclusion.
21. Severance
The provisions of these Terms are severable. If any provision is found to be void, invalid, illegal, or unenforceable, that provision will be removed without impacting the validity or enforceability of the remaining or any other provisions in these Terms.
22. Consumer Guarantees
- Certain legislation, such as the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010, and similar consumer protection laws and regulations, may provide you with rights, warranties, guarantees, and remedies related to our services that cannot be excluded, limited, or altered (Statutory Rights).
- These Terms do not exclude your Statutory Rights as a consumer under the ACL.
23. Limitation on Claims
- We are not liable for any failure to perform our contractual obligations if such failure is due to force majeure. For these purposes, "force majeure" refers to any event or circumstance beyond our reasonable control that prevents or delays our performance, which could not have been avoided or mitigated through reasonable diligence or precautionary measures. This includes forces of nature, natural disasters, acts of terrorism, riots, revolutions, civil disturbances, epidemics, industrial actions, and actions or inactions by government agencies.
- We are not liable for any failure of the Products if it results from any act or omission on your part.
- Our liability for failure to comply with a consumer guarantee is limited to:
- In the case of Products supplied by us, either replacing the Products, supplying equivalent Products, or covering the cost of replacement or supply; and
- In the case of Services (“Services”) provided by us, either re-supplying the Services or covering the cost to the Customer of having the Services re-supplied.
- Subject to the preceding, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the Terms of service; or
- arising from any other aspect related to the supply of Products, their sale, delivery, performance, or behaviour, and whether in tort or contract or in any other cause of action, our liability is limited to an amount equal to the sum you paid to us for the Products
- Except as otherwise stated in these terms, we do not accept liability for any indirect or direct loss or damage that you may suffer or incur in relation to the Products or Services provided under these terms.
- When you request a Product recommendation from us, we base our suggestions on the information you provide. We cannot be held liable if the Products purchased do not meet your needs, especially if we are not fully informed of the intended use or your specific circumstances.
- This clause will survive the termination or expiry of these Terms.
24. Governing Law
These Terms and any disputes related to them shall be governed by and construed in accordance with the laws of Queensland. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts located in Queensland and any courts with the authority to hear appeals from those courts. You waive any right to object to proceedings being brought in those courts.
25. Contact Information
If you have any questions or notices about these Terms, please contact us at:
info@safetyspecsaustralia.com.au
https://www.facebook.com/profile.php?id=61563954150186
Last update: 15 August 2024.