CONTACTLENSES LTD | Contactlenses.com.au
TERMS AND CONDITIONS
Date of Last Revision: May 1st 2020
Welcome to CONTACTLENSES LTD (Contactlenses.com.au)!
We really hate to put you through this, but these Terms and Conditions contain all sorts of important information you should have when visiting Contactlenses.com.au and buying our fabulous products.
Contactlenses Ltd (“Company,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Contactlenses.com.au (the “Site”) and through its related services (collectively, such services, including any features, promotions, credits, content, applications, or products) (the "Services"), subject to the following Terms and Conditions.
These Terms and Conditions set forth the legally binding terms and conditions for your use of the Website and the Services and your purchase of the subscriptions sold through the Services.
Note that your use of the Services is also subject to our:
(b) Cookies Policy,
Which explains how we handle cookies or other device identifiers collected when you access our Website.
- Access and Use of the Service
You must be at least 16 years of age to use the Services. By accessing the Website and utilising the Services, you represent and warrant that you are at least 16 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.
In order to use the Site you will need to register for an account with us (an "Account"). You must provide accurate and complete information and keep your Account information updated. In registering for an account, you shall not :
(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorisation.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, including where money is spent using your up-to-date login details.
You agree to:
- ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
- You can never use another person's user account or registration information for the Services without permission. You can delete your Account through a request made to one of our customer service team.
The Website is available free of charge and "as is" and we do not give you any guarantee as to how you may use it or what it will allow you to do. We endeavour to keep all the information on the Website as up to date as possible but errors may sometimes occur. We may suspend, withdraw or restrict the availability of all or any part of our Website at any time, without notice to you. We cannot guarantee that the Website will operate continuously, without any interruptions or errors due to the connection to the Internet.
You must not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services. You agree that you will:
- not seek to copy, reproduce, modify or tamper with the Website in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not collect data from our Website or our systems or attempt to decipher any transmissions to or from the servers hosting our Website;
- attempt to harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- the reselling of lenses you purchase on the Service is strictly prohibited;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service, Website systems, security or servers or interfere with other users, or restrict or inhibit anyone else's use of the Website or rights in connection with the Website;
- not use the Website to transmit any material that is defamatory, offensive, unlawful or otherwise objectionable;
Intellectual Property Rights
- Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part.
In connection with your use of the Service you will not engage in or use:
- Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of the Company, our affiliates and our partners (the “Software”).
- Any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
- You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
- Any rights not expressly granted herein are reserved by Company.
- The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company.
Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
- Service Content, Software and Trademarks:
Third Party Links
Occasionally, we may make available a link to a third party's website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. If we choose to activate linking in via Social Media sites Social Networking Services), please be aware that how Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
You represent and warrant to Contactlenses Ltd by placing an order that information you
- enter into the Site is valid and true and matches exactly your prescription as provided by your eyecare provider;
- you hereby certify that you have a valid prescription for the contact lenses that you are ordering, which has been issued to you by a qualified eye care professional;
- you further certify that your prescription is under 1 years old (unless otherwise specified on a valid prescription);
- you are neither blind or partially sighted;
- you will discuss any queries relating to your prescription or your use of the Products with your prescribing eye care professional and will attend regular aftercare appointments as directed by your eye care professional;
- you will use the Products strictly in accordance with the information and instructions provided with the Product and any advice provided by your eye care professional;
- you hereby consent to our contacting your eyecare provider, if necessary, to verify your prescription information or obtain a duplicate copy of your prescription;
- the Products in your order are for your own use only.
- VALIDATION OF CONTACT LENS SPECIFICATION AND GLASSES PRESCRIPTION
For sales of prescription contact lenses to EU customers, the supply of professional dispensing services to you by Contactlenses.com.au constitutes 21% of the total value of your order. For sales of prescription glasses and prescription sunglasses to EU customers, the supply of dispensing services to you by Contactlenses Ltd constitutes 65% of the total value of your order. Product prices of applicable products on the Site are inclusive of these fees.
- WHEN WE MAY REFUSE AN ORDER
Your order constitutes an offer to us to purchase the Products specified in the order, subject to these Terms and Conditions, at the price and on the terms stated when you sign up and place your order. By clicking the "Place my Order" button, you are agreeing to purchase the Products in your order in the event that we accept your order. All orders are subject to acceptance by us. We are not required to accept your order and may, at our discretion, reject your order. The following is a non-exhaustive list of some of the grounds upon which we may reject an order:
- the Product(s) you have chosen are not in stock;
- we cannot obtain authorisation for your payment;
- there has been a pricing or product description error;
- the information you have provided is incomplete, inaccurate or incorrect;
- we reserve the right to limit quantities of items purchased by each customer.
- the order appears to be for commercial use; or
- you are located, or request delivery to, an address outside of our delivery countries.
- Pricing Information
The prices displayed on our website for all products will be the price you must pay when you order, unless subject to a promotional discount. However, there may be exceptions when price errors are displayed by mistake. Prices displayed do not include delivery costs. The price of delivery will be shown when you order your items. Optical dispensing services (within the EU) are charged at 21% of the price of prescription optical appliances (excluding VAT). This service charge is included in the total price of the optical appliances we dispense. This dispensing charge covers optical advice and guidance. No dispensing charge is given for non-prescription optical appliances. This includes eye drops, contact lens solutions and other eye care products that are not contact lenses, sold on this website.
For customers based in the EU, all prices include VAT. For customers based outside of the EU all prices shown will be displayed accurately and at full price. The decision to change advertised prices of services and goods is that of Contactlenses Ltd and we may do this at any time without prior notice. If prices are changed, confirmed orders made before the change will not be affected. Orders submitted but not yet confirmed before the change may be affected.
If a product on our website is incorrectly priced when a customer orders, we have no obligation to sell the product at this price. We will contact the customer to notify them of the correction in price for their order. We will then either change the price if the customer agrees or cancel the order. The customer will be entirely responsible for any import duties and liable for any breaches of laws and regulations in the country of delivery. Payment must be made through Contactlenses Ltd chosen payment providers. We may change payment providers at any time. The credit or debit card used will be charged at the time of order. The act of payment will not constitute a contract between Contactlenses Ltd and the customer. If, for any reason, the order is refused after payment, a refund will be given.
- Payments and Billing Accounts
You can pay for Products using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. The Site uses Paypal and other third-party payment processor(s) (the "Payment Processor(s)") to bill you through a payment account linked to your Contactlenses.com.au account for the Services (the "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor(s) in addition to these Terms and Conditions. We are not responsible for errors by the Payment Processor(s). By providing details of a credit or debit card you confirm that you are authorised to use that payment method and you authorise us, through the Payment Processor(s), to charge your payment method for the total amount of your order. You further agree to pay any charges so incurred, including but not limited to, any charges due at the time of termination for any Products ordered and shipped prior to cancellation but not returned to us in accordance with our return policy set out below. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your card on file is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made directly in your account profile. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Services under your Billing Account unless you have terminated your Services as set forth above.
We will use our reasonable endeavours to deliver the Products to you at the estimated delivery time set out in the Order Confirmation. However, we cannot always guarantee that we will do so where delivery is delayed due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to rearrange delivery. We will deliver your Products to the address provided by you in your order. Please check to confirm that the delivery address you have provided is correct. If your delivery address contains errors, we may not be able to provide you with the Products or our provision of the Products you order may be delayed.
- Delivery Charges
The prices shown on the Website do not include delivery charges which will be calculated at the checkout stage when you place your order and applied. Delivery is free in the UK subject to order value limits.. We reserve the right to charge you a reasonable additional amount if you are not available to accept the delivery and it is necessary to re-deliver your Products.
We want you to be 100% satisfied with your order! If you're not, then we will happily accept back any unopened & unmarked items for an exchange, store credit or refund, within 100 days of them being received. Please note that customers will have to pay return postage charges and are advised to record and insure the package for their own security. However, if you require an exchange we will send the new items out to you free of charge.
Contactlenses Ltd will issue a full refund or replacement of goods in all instances where:
- Contact lenses are supplied to the wrong specification, even if you have ordered them incorrectly.
- Contact lenses are supplied damaged.
- The products ordered by you do not arrive within 30 working days of the dispatch date, unless notified that delivery is delayed for speciality or custom lenses.
- The products you have ordered are returned to Contactlenses.com.au as undelivered by the postal service. If goods are returned as undelivered, we will endeavor to contact you 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.
- You may withdraw your order and terminate your agreement with us without stating any reason for doing so within 14 working days following the day your order is delivered to you (`the Return Period`). In the case of goods returned under your `cooling off` right, these must be returned undamaged and unused to qualify for a refund. If lenses have already been despatched to you, you can still terminate the agreement - please contact Customer Support for a Return Merchandise Authorization (RMA). You must return all the products in the original packaging provided with them. Once we have the received the products, you will be issued a full refund.
- Refunds will be limited to the maximum value of the original order, minus shipping costs and will only be issued against the same credit or debit card account as supplied to pay for the goods. There may be a time delay of up to 15 working days before a refund appears on your credit card statement because of the time taken for the credit card companies to process your refund. During this period the refund has left our account and is held by the credit card companies before being accredited to your account. Please contact your credit card company if a refund issued by us has not turned up into your account after 15 working days. We reserve the right to proportionately reduce the level of the refund if only some of the original quantity of contact lenses is returned, or if it is clear that some of the products have been used.
- Contactlenses Ltd may refuse to accept future orders from those who have made previous claims for non-delivery of goods.
- I Have Ordered The Wrong Item And Want To Return It
No problem. All items that have been ordered incorrectly will be replaced by the correct items as part of our guarantee at no cost to yourself. Please obtain a Returns Merchandise Authority (RMA) number from Customer Support and they will be happy to redespatch the correct goods to you as soon as possible and advise you on the procedure for returning goods. We normally try to redespatch goods to you BEFORE we have received the goods back from you to minimise your inconvenience. We aim to ensure that all Products supplied to you arrive in perfect condition but sometimes there are incidents that are beyond our control. In the unlikely event that the Product is faulty or a blister pack is opened or if you are returning a Product because we have sent the wrong item. We will replace or refund any item that is damaged or defective. Our guarantee applies up to the expiry date on the item you bought, as we understand with contact lenses that you may not wear the contact lenses for some time after purchase. Customer Support and we will be pleased to help you.
- You Have Sent Me The Wrong Item
We make every effort to supply exactly the products you have ordered. However, regardless of the reason for you having received the wrong products we want to put it right fast. Please contact Customer Support quoting your customer number and will help you get the correct goods as soon as possible.
- Obtaining a Returns Merchandise Authorisation Mumber (RMA)
If you require to return an item for any reason, you will need a “Returns Merchandise Authorisation” (RMA) number which will be sent via e-mail. This email will also include all the information necessary to make a return and how and where the items should be returned to ensure they reach us in a re-sellable condition. You can get an RMA number by contacting Customer Support. When you contact us for an RMA number, we will need to know what item(s) that you want to return and the reason for the return. If a refund is required this will be issued on return of the items. If replacements are required we will endeavour to avoid any inconvenience to you and arrange for these to be sent that day if we have them available or order them from the manufacturers. Please note any items returned without a RMA number may not be refunded or replaced. Please note that customers will have to pay return postage charges and are advised to record and insure the package for their own security.
- Cancelling An Order
To cancel an order, please contact Customer Support stating the order number and that you wish to cancel. Please Note: If the order is already in the despatch process, it may be too late to cancel. Customer Support will advise you. If your order has already been despatched to you, you can still terminate the agreement - please see the Help Page `How to Return an Item`
- How Long Does It Take To Receive A Refund?
Once your refund has been approved and processed by our Customer Support team, we will notify you by email. From that point your refund will usually appear in your account within 3-5 working days, although some banking systems may take longer. If your refund hasn't shown up in your account in that time our Customer Support Team generally advise that, in some instances, it may take up to 15 days for it to appear. If after this time the refund has not appeared in your account, please contact your card issuer and they can advise at what stage the refund is at. Postage costs for the returned items are not covered by Contactlenses Ltd, however if you require an exchange we will send the new items out to you free of charge.
- ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails 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.
- OUR LIABILITY TO YOU
These Terms and Conditions do not limit or exclude our liability to you:
- for death or personal injury resulting from our negligence;
- for fraud or fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- Subject to the foregoing, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control. We will use reasonable skill and care to ensure that the Website is safe and secure and does not contain viruses and other damaging materials, however we cannot guarantee that this will be the case. If you suffer loss and/or damage in connection with the use of the Website or are dissatisfied with any part of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
- Coupon Codes
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. There is a limit of one coupon code per order. Each coupon code has its own redemption period as specified in connection with the coupon code itself. The unauthorised reproduction, resale, modification or trade of coupon codes is prohibited.
If we reasonably believe that you have breached these Terms and Conditions, we may take such action as we consider appropriate, including but not limited to withdrawing your right to use the Services. Assignment. These Terms and Conditions are personal to you, and may not be assigned or transferred by you to another person except with our prior written consent. We may transfer our obligations under the contract to another organisation, but this will not affect your rights or our obligations to you under these Terms and Conditions.
Third Party Rights.
The contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the clauses of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by %country% law. This means a contract for the purchase of products through our Website and any dispute or claim arising out of or in connection with it will be governed by %country% law. We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.
You and we both agree that the courts of %country% will have exclusive jurisdiction over any dispute arising between us regarding these Terms and Conditions.
CONTACT US If you have any queries or complaints about this Website or our Services, please visit the Contact Us section of the Website.
These Terms and Conditions were last updated on: 1st April 2020