TERMS AND CONDITIONS OF SALE
(Effective as of 28 May 2015)
About these Terms and Conditions of Sale
Please read these terms and conditions of sale ("terms of sale") carefully. These terms of sale
you, the user of www.ray-ban.com/australia (the "website") and the purchaser of goods ("You"), and
purchase of any products from Luxottica South Pacific Holdings Pty Ltd ("Luxottica," "We" or "Us"),
the website. These terms of sale are subject to change without prior written notice at any time, in
Luxottica's sole discretion. By placing an order for products through the website, You agree to be
and accept the terms of sale in effect at the time of such order. All sales are expressly
UP TO 50% OFF SELECTED STYLES*
*Discount valid off selected full priced sunglasses and eyeglasses. Prices as marked. Discount is not available for
accessories, gift cards or any product other than sunglasses or eyeglasses. Offers cannot be exchanged for cash. Not to
be used in conjunction with any other offer, discount or benefit from any source other than a health fund benefit. While
stocks last. Offer is available for a limited time only.
1. INFORMATION ABOUT THE SITE AND THE GOODS
a. The website is directed at users in Australia only (and ships product to Australia only).
to make sure that all information on the website, including descriptions of our goods and listed
accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in
information on the website as soon as reasonably possible and if We think that such an error has
order We will make all reasonable efforts to notify You via the contact information You provided to
Us on your
account or during your order.
c. Buying goods over the internet provides a different shopping
from buying in-store. In particular, please be aware that: (i) the colours of goods as shown on the
will depend on many factors - including your display settings; (ii) the actual sizes and shapes of
may differ from how they appear on your screen; (iii) pictures and images on the website are for
purposes only - for an accurate description of any item and details of what is included with the
refer to the corresponding written description; (iv) all goods are subject to availability and We
may not be
able to supply your order; (v) We will do our best to arrange delivery of your goods within a
of ordering and the ship date as set out in the shipping confirmation email, but please note that
information is provided to Us by our delivery service provider and are estimates of delivery only
information about delivery is provided below); and (vi) not all goods and promotions that are
offered on the
website will be available in-store, and vice versa. We reserve the right to adjust prices, goods and
offers at our discretion.
d. If at any time You have any questions or concerns, please Contact us.
2. PURCHASING GOODS
a. Placing your Order
i. Once You have selected the goods which You would like, You will be asked to register your
details with Us by completing a registration form. Registration is not required; however We
registration in order to facilitate the checkout process during future orders on the
placing an order with Us, You represent and warrant that You are legally capable of signing binding
iii. When You place an order for goods via the website, your order constitutes an
purchase goods from Us. Where You order more than one item, your order comprises a series of offers
iv. After placing an order with Us, You will access an order confirmation
receive an order confirmation email (together the "Order Confirmations"). The Order Confirmations
set out the
final details of the order which You have submitted to the website. Please, take care when placing
You will be able to amend or cancel your order within one hour of purchase through the “My Orders”
page or by
contacting our Customer Service at 1 800 830547.
b. Order Acceptance
i. All orders are subject to acceptance by Us. For all orders for goods, acceptance occurs when We
our Order Confirmations. Specifically, acceptance occurs when We send You an email that confirms
goods ordered by You have been dispatched (the "Shipping Confirmation"). In any case, We will not be
to supply any goods until We issue an acceptance applicable to each good, specifically.
hope to be able to supply all goods ordered, We reserve the right, at our discretion and in our sole
discretion, not to accept any offer. Should We reject your order, We will notify You as soon as
If You submit an order for prescription glasses, You accept that you will be required
details of a valid prescription from a suitably qualified person (e.g. an optometrist) obtained
last 24 months and, when requested, any other detail of your current prescription (including any
notes on the
prescription). Your order will be subject to receipt and verification of such prescription. You
consent to us
contacting your optometrist to verify your prescription. If considered necessary or appropriate
order is accepted, we have absolute discretion: (a) to contact directly, or request that you
optometrist who provided your prescription to verify and/or discuss your prescription; (b) to
request that you
obtain your pupillary distance measurement from your optometrist; or (c) request that you obtain a
prescription from your optometrist.
i. We will take payment from your credit, debit card or Paypal account at the time your order is
You will receive an email or post mail detailing what items have shipped from your order and the
cost to ship
these items (the "Invoice Email"). If your order is split into multiple shipments, We will charge
You only for
the items actually shipped at that time.
ii. Except where otherwise set out in these terms of
price payable by You for the goods is the price given by the website at the time You place your
Applicable taxes and the delivery fee will be added at the time You place your order, but will not
base price of the goods.
d. Shipping and Delivery
i. After We send You your Order Confirmation e-mail, We will send You a separate Shipping
email. The Shipping Confirmation email will include a tracking number that You may use to track your
our delivery service provider's website and obtain an estimated delivery date.
ii. The goods
delivered by a delivery service provider to the delivery address specified by You during the order
Once the goods have been delivered to You, You become the owner of those goods and from that point
be at your risk.
3. CANCELLING AN ORDER AND RETURNING GOODS
a. All Orders except for back orders can be cancelled within one hour after receipt of the Order
Confirmation. Orders for Made to Order Goods cannot be cancelled beyond one hour after an Order
has been sent to You.
b. For all goods, We offer a 45 day returns period, allowing You to
contract for up to 45 days after the goods have been received. Please read our Return Policy on
http://www.ray-ban.com/australia/returns-policy for more information about our 45 day return period
returning the goods.
c. If the goods you have ordered are on back order, We will contact You
and You may
choose to wait for the goods to become available or You may cancel your Order.
d. We explicitly
the right to reject any order or cancel any purchase at any time in the following cases, subject to
applicable refund: (i) the goods are not available/not in stock; (ii) the data You provide to Us in
with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or
suggestive of fraud or illegality by our security systems; (iv) We have reason to believe that your
is intended for a further commercial activity; (v) there has been an error in the indicated price of
goods; (vi) We have reason to believe that You are under 18 years old and do not have parental
(vii) We cannot deliver the goods to the address You have provided.
e. In addition to your
Our Warranty Policy and any rights and remedies you may have under the Australian Consumer Law and
if any goods, including Made to Order Goods, have been delivered and found to be misdescribed, or
or faulty and We cannot remedy the fault to your reasonable satisfaction, then these goods can be
provided that You notify Us of the alleged defect within 45 days after the goods has been received.
read our Returns Policy on http://www.ray-ban.com/australia/returns-policy for more information
returning the goods.
4. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY AND TO THE EXTENT PERMITTED BY LAW
COMPETITION AND CONSUMER ACT), IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
WEBSITE, OR ANY
GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE
WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN
WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR
ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW
CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY AND TO THE EXTENT PERMITTED BY LAW
COMPETITION AND CONSUMER ACT): (I) THE WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBSITE
ON AN "AS-IS" BASIS; AND (II) LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR
PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER
IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATION, REMEDIES, OR GUARANTEES WHICH CANNOT BE
RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. SUCH LEGISLATION MAY, FOR EXAMPLE, IMPOSE
GUARANTEES THAT GOODS ARE OF ACCEPTABLE QUALITY OR THAT SERVICES WILL BE REDNERED WITH DUE CARE AND
(WITH CERTAIN REMEDIES AVAILABLE TO BREACHES OF SUCH GUARANTEES). TO THE EXTENT THAT SUCH
THESE TOU MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY,
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TOU, TO THE EXTENT THAT LUXOTTICA IS ENTITLED TO DO SO,
LIMITS ITS LIABILITY PURSUANT TO SUCH PROVISIONS FOR ANY GOODS TO THE REPLACEMENT, REPAIR OR REFUND
COST OF GOODS, OR FOR SERVICES, TO THE RESUPPLY OR THE PAYMENT OF THE COST OF HAVING THE SERVICES
c. Illustration Purposes Only
Pictures and images on this website are for illustration purposes only. No qualities or
the products depicted herein could be inferred from the relevant pictures. Certain activities
Luxottica may be licensed under US Patent No. 6.624.843.
d. Events Beyond Our Reasonable Control (Force Majeure)
We will not be responsible for any delay or failure to comply with these terms of sale or the
Policies if the delay or failure arises from any event which is beyond our reasonable control. Such
would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war,
unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods
reason of any act done pursuant to a trade dispute or shortages of labor.
Delay in our exercising or failure to exercise any right or remedy under these terms of sale, shall
constitute a waiver of our rights and remedies under these terms of sale.
In the event that one or more of the terms set out in these terms of sale or in the Additional
held to be invalid by a competent authority, the remaining terms of the terms of sale and the
Policies shall continue to have effect and You will still be bound by them.
Personal information, such as your contact details, that You provide to Us during the order process
h. Governing Law
This agreement and all rights and obligations of the parties shall be governed by and construed in
accordance with the laws of New South Wales, Australia without regard to its conflict of laws
parties agree to submit to the personal jurisdiction and venue of the state and federal courts of