TERMS AND CONDITIONS OF SALE
(Effective as of 28 May 2015)
About these Terms and Conditions of Sale
1. INFORMATION ABOUT THE SITE AND THE GOODS
a. The website is directed at users in Australia only (and ships product to Australia only).
b. We try to make sure that all information on the website, including descriptions of our goods and listed prices, is 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 affected your 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 experience from buying in-store. In particular, please be aware that: (i) the colours of goods as shown on the website will depend on many factors - including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the website are for illustration purposes only - for an accurate description of any item and details of what is included with the item, please 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 reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more 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 special 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 personal details with Us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the website.
ii. By placing an order with Us, You represent and warrant that You are legally capable of signing binding agreements.
iii. When You place an order for goods via the website, your order constitutes an offer to purchase goods from Us. Where You order more than one item, your order comprises a series of offers for each item individually.
iv. After placing an order with Us, You will access an order confirmation webpage and 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 your order, as You will be unable to add to or amend your order after We send the Order Confirmations.
b. Order Acceptance
i. All orders are subject to acceptance by Us. For all orders for goods, acceptance occurs when We send out our Order Confirmations. Specifically, acceptance occurs when We send You an email that confirms that the goods ordered by You have been dispatched (the "Shipping Confirmation"). In any case, We will not be obligated to supply any goods until We issue an acceptance applicable to each good, specifically.
ii. Although We 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 reasonably possible.
If You submit an order for prescription glasses, You accept that you will be required to submit details of a valid prescription from a suitably qualified person (e.g. an optometrist) obtained within the 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 before an order is accepted, we have absolute discretion: (a) to contact directly, or request that you contact, the 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 new written prescription from your optometrist.
i. We will take payment from your credit, debit card or Paypal account at the time your order is shipped. 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 sale, the price payable by You for the goods is the price given by the website at the time You place your order. Applicable taxes and the delivery fee will be added at the time You place your order, but will not affect the 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 Confirmation email. The Shipping Confirmation email will include a tracking number that You may use to track your order on our delivery service provider's website and obtain an estimated delivery date.
ii. The goods will be delivered by a delivery service provider to the delivery address specified by You during the order process. Once the goods have been delivered to You, You become the owner of those goods and from that point they will 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 Confirmation has been sent to You.
b. For all goods, We offer a 45 day returns period, allowing You to cancel your 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 and 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 reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data You provide to Us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) We have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) We have reason to believe that You are under 18 years old and do not have parental consent; or (vii) We cannot deliver the goods to the address You have provided.
e. In addition to your rights under Our Warranty Policy and any rights and remedies you may have under the Australian Consumer Law and other laws, if any goods, including Made to Order Goods, have been delivered and found to be misdescribed, or are damaged or faulty and We cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that You notify Us of the alleged defect within 45 days after the goods has been received. Please read our Returns Policy on http://www.ray-ban.com/australia/returns-policy for more information about 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 (INCLUDING THE COMPETITION AND CONSUMER ACT), IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, 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 OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE COMPETITION AND CONSUMER ACT): (I) THE WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" BASIS; AND (II) LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW, MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATION, REMEDIES, OR GUARANTEES WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. SUCH LEGISLATION MAY, FOR EXAMPLE, IMPOSE NON-EXCLUDABLE GUARANTEES THAT GOODS ARE OF ACCEPTABLE QUALITY OR THAT SERVICES WILL BE REDNERED WITH DUE CARE AND SKILL (WITH CERTAIN REMEDIES AVAILABLE TO BREACHES OF SUCH GUARANTEES). TO THE EXTENT THAT SUCH LEGISLATION APPLIES, 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, LUXOTTICA LIMITS ITS LIABILITY PURSUANT TO SUCH PROVISIONS FOR ANY GOODS TO THE REPLACEMENT, REPAIR OR REFUND OF THE COST OF GOODS, OR FOR SERVICES, TO THE RESUPPLY OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
c. Illustration Purposes Only
Pictures and images on this website are for illustration purposes only. No qualities or characteristics of the products depicted herein could be inferred from the relevant pictures. Certain activities undertaken by 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 Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by 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 not 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 Policies is held to be invalid by a competent authority, the remaining terms of the terms of sale and the Additional Policies shall continue to have effect and You will still be bound by them.
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 provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of New South Wales, Australia.