Website terms of sale
WEBSITE TERMS OF SALE
DEFINITIONS
1. "ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;
2. "Contract" means any contract for the provision of goods and services by Contact Lenses Aus to You;
3. "consumer" is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;
4. "goods" means goods supplied by Contact Lenses Aus to You;
5. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
6. "services" means services supplied by Contact Lenses Aus to You;
7. "Site" means the website http://www.contactlensesaus.com;
8. “Contact Lenses Aus” means G. M Jull & M. I Mohd-Fuad (ABN 40 848 183 664) trading as Contact Lenses Aus;
9. "Terms" means these Terms and Conditions of Sale;
10. "You" means the person, jointly and severally if more than one, acquiring goods or services from Contact Lenses Aus.
BASIS OF CONTRACT AND ORDERING
11. These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
12. Any quotation, displayed price, order list or order confirmation provided by Contact Lenses Aus to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is Your offer to enter into a Contract with Contact Lenses Aus on these Terms.
13. A Contract is formed when Contact Lenses Aus confirms its acceptance of Your order and receives Your payment.
14. Contact Lenses Aus, in its absolute discretion, may refuse to accept any order from You.
15. Contact Lenses Aus may vary or amend these Terms by notice written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.
16. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) is expressly excluded from these Terms.
PRICING AND PAYMENT
17. Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.
18. Payment for the goods and services must be made strictly by credit card through the Site immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.
19. You will indemnify Contact Lenses Aus if Your banking institution reverses Your payment after the Goods have been delivered to You.
20. Goods and services displayed on the Site are subject to availability. If any goods or services are not available, Contact Lenses Aus will inform You within 5 days. In the case of non-availability of goods or services:
20.1 You may request the provision of substitute or similar goods or services; or
20.2 You may cancel Your order; and
20.3 Contact Lenses Aus will make the appropriate adjustment to, or refund of, the purchase price.
RISK AND INSURANCE
21. The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Contact Lenses Aus' warehouse.
22. You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Contact Lenses Aus, unless recoverable from Contact Lenses Aus on the failure of any statutory guarantee under the ACL.
23. Contact Lenses Aus will not be responsible for any eye injury, damage, infection or disease arising solely from the misuse or misapplication of the goods.
DELIVERY
24. Contact Lenses Aus will arrange for the delivery of the goods to You to a nominated delivery address anywhere in the world. Contact Lenses Aus will designate the method of delivery for the goods and will be responsible for costs associated with delivery, including postage.
25. If You require a more costly method of delivery, You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the goods to the point of delivery.
26. Delivery of goods will occur within an estimated 5 working days. Any period or date for delivery of goods or provision of services stated by Contact Lenses Aus is an estimate only and not a contractual commitment.
27. Contact Lenses Aus will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
28. If Contact Lenses Aus cannot complete the services by any estimated date, it will complete the services within a reasonable time.
29. You are responsible for nominating the correct delivery address. If a person is not present to receive the goods, the goods will be left at the nominated address. A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
30. You may be required to provide photo identification at the time of delivery of the goods.
31. You indemnify Contact Lenses Aus against any loss or damage suffered by Contact Lenses Aus as a result of delivery, except where You are a consumer and Contact Lenses Aus has not used due care and skill.
32. You must advise Contact Lenses Aus in writing within 72 hours of delivery:
32.1 of the non arrival of any or all of the goods;
32.2 if there is damage to the goods;
32.3 that the wrong goods have been received; or
32.4 that the quantity of the goods is incorrect.
LIABILITY
33. Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
34. If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Contact Lenses Aus for failure of a statutory guarantee under the ACL.
35. If You on-supply the goods to a consumer payment of any amount required under section 274 of the ACL is the absolute limit of Contact Lenses Aus' liability to You howsoever arising under or in connection with the sale use of, storage or any other dealings with the goods by You or any third party.
36. Contact Lenses Aus is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
37. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified. ACKNOWLEDGEMENTS
38. You acknowledge that:
38.1 The goods, being coloured contact lenses, are intended solely to enhance eye colour features. The goods are not intended to be used to remedy, correct or cure any visual or vision defect or impairment. You must consult an eye specialist if suffering from vision impairment.
38.2 You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Contact Lenses Aus in relation to the goods or services or their use or application.
38.3 You have not made known, either expressly or by implication to Contact Lenses Aus any purpose for which You require the goods or services and you have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use.
CANCELLATION
39. If Contact Lenses Aus is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by notice to You.
40. No purported cancellation or suspension of an order or any part of it by You is binding on Contact Lenses Aus once the order has been accepted and payment confirmed.
RETURNS / EXCHANGES
41. Unless a fault is established in the goods, Contact Lenses Aus will only exchange the goods if the goods are returned within 30 days of purchase in its original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip, and:
41.1 Any exchange is subject to availability.
41.2 The goods will only be exchanged once the goods are received by Contact Lenses Aus.
41.3 Any goods returned to Contact Lenses Aus are at Your own cost and risk.
41.4 Delivery and handling charges on returns are not refundable.
41.5 If the goods are exchanged for another product which is more expensive, the price difference plus the delivery cost will be borne by You.
41.6 If the goods are exchanged for a product which is of lesser cost, We will refund to You the difference.
FORCE MAJEURE
42. Contact Lenses Aus is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Contact Lenses Aus may suspend or terminate the Contract by giving You written notice.
MISCELLANEOUS
43. The law of Victoria from time to time governs Your Contract with Contact Lenses Aus.
44. Contact Lenses Aus' failure to enforce any of these Terms shall not be construed as a waiver of any of Contact Lenses Aus’ rights.
45. If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
46. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
47. Contact Lenses Aus is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. For further information, see Contact Lenses Aus' Privacy Policy.
October, 2011.
