Terminology |
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In these terms
and conditions, the expressions "we",
"us", "Direct Eyewear"
and "our" are a reference
to Direct Eyewear Pty Ltd ACN 118
590 435.
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General: |
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1. 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.
2. Notices served under these terms
and conditions shall be in writing
and will be deemed given when: (1)
personally delivered; or (2) when
sent by confirmed fax; or (3) three
days after being sent by registered
mail to the address set out in our
despatch note, or to any other later
address notified for that purpose.
3 . Any failure by us to enforce any
of these terms and conditions shall
not affect our right to enforce the
rest of these terms and conditions.
4. These terms and conditions are
subject to change at any time without
prior notice to you and all changes
will take effect from the date of
inclusion on the website.
5. These terms and conditions shall
be governed by and construed in accordance
with the laws in force in New South
Wales and you agree to submit to the
exclusive jurisdiction of the laws
and courts of that jurisdiction.
6. 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.
7. If we waive any
rights available to us under these
terms and conditions on one occasion,
this does not mean that those rights
will automatically be waived on any
other occasion.
8. 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.
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Availability of goods
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1. All goods advertised
for sale on the site are subject to
availability. If an item that you
wish to order is unavailable, we shall
inform you by email or phone. The
reason for unavailability is usually
because we are awaiting deliveries
from our suppliers.
2. We shall not charge you for goods
that we cannot supply for any reason.
However, we will not be responsible
for any damage or losses that you
may suffer if we fail to supply goods.
3. We have attempted to display all
the goods on the site as accurately
and fairly as possible, taking account
of the available reproduction techniques
that apply to website design, graphical
and photographic technology.
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Ordering goods: |
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1. You must supply
us with any and all information we
request to complete your order. You
must ensure that the goods you order
meet your requirements.
2. You must not be registered blind,
or partially sighted and be legally
able to purchase prescription eyewear.
3. You confirm that
you have had an eye test in the past
24 months and that you have correctly
input the prescription information
where requested. If you are in any
doubt about the information please
contact us.
4. Unless you provide
us with your pupillary distance ("PD")
we will utilise the standard averages
for a male and female as described
on our order form. We strongly recommend
that you obtain your PD.
5. 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.
6. All goods advertised
for sale on the site are subject to
availability. If an item that you
wish to order is unavailable, we shall
inform you where possible. We will
not be responsible for any damage
or losses that you may suffer if we
fail to supply goods.
7. Should you not
receive your order within one month
you must notify us in writing within
45 days or your order will have deemed
to have been received.
8. You must inspect
your order on receipt and notify us
within 5 days of any damage, error
or the like. You must not utilise your
glasses should this occur. If you
do not notify us within this period
we will not be responsible for any
damage or losses that you may suffer.
9. We will only
accept payment as outlined on the
website.
10. You must be
able to enter into a legally binding
contract.
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Cancellation |
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Our aim is to
have prices displayed on our site or
elsewhere correct at the time of display.
We reserve the right to alter prices
from time to time without notice and
in the event of a pricing error. In
the event of a pricing error we will
notify you and you can elect to cancel
the order if the new price is greater
than the original price.
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Disclaimer |
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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 (of whatever
kind) or injury (of whatever kind)
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
confirm the validity 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.
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Copyright |
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All the content of this
site is copyrighted, and it is either
owned or used with permission by us.
Except as set forth in these terms
and conditions you may not reproduce,
distribute, publish, transmit, modify,
adapt, translate, display, distribute,
sell, license, publicly perform, prepare
derivative works based upon, or otherwise
use or exploit the content of this
site.
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Trade Marks |
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The trademarks, logos, and service
marks displayed on this site are owned
by us and this Website's trade dress
is owned by us. Nothing contained
on this site may be construed as granting,
by implication, estoppel, or otherwise,
any right or license to use any trademark.
Restricted Use
You are only authorised
to access this website for your personal
use. For any other form of use you
must first gain our written permission.
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Linked Websites |
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This Website may contain
links to or from third-party sites
("Linked Sites"). We have no control
over the content of Linked Sites,
and we do not assume any obligation
to review any Linked Sites. We do
not endorse, approve, or sponsor any
Linked Sites, or any content, advertising,
information, materials, products,
services, or other items on or available
on or from them, and we disclaim all
liability in connection therewith.
Any activities you engage in connection
with a Linked Site is subject to the
privacy policy, conditions of use,
and other terms imposed by the operator
of the Linked Site and we disclaims
all liability in connection therewith.
Security of Information
We will make every effort
to keep any information we hold about
you secure. We store your information
on secure servers that are protected
from unauthorised access. Unfortunately
we cannot guarantee the safety of
information transferred over the internet
as we do not control this.
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Termination of Access |
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1. Access to this website
may be terminated at any time by us
without notice. Our disclaimer will
nevertheless survive any such termination.
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