Terms & Conditions

TERMS & CONDITIONS OF USE OF THIS WEBSITE

These terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to eyewearyouwear.com.au

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

You will follow the ordering procedure described on this web site.

You may not cancel an order once it has been submitted.

We give no undertaking as to the availability of products advertised on this web site.

Delivery of the goods to you will be effected in the manner described on this web site.

Title in the goods does not pass to you until payment has been received.

Risk of loss or damage to the goods passes to you upon dispatch of the goods.

Payment must be effected in the manner described on the web site. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods.

The goods are offered for sale only to persons who can make legally binding contracts.

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or any oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your payment is completed. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your payment is completed for the purchase, we will immediately issue a credit to you for the amount in question.

By placing an order with us, you certify that you have a valid prescription from a registered optometrist or ophthalmologist for the contact lenses that you are ordering. Further, you certify that the information submitted to us matches the prescription given to you by the eye care professional and is valid within the time period specified by the same eye care professional.

We are in no way obligated to fulfill orders if we are unable to verify your prescription.

By providing contact information for your eye care professional, you grant us the right to contact him/ her on your behalf in order to verify your prescription and other information provided.

We endeavour to deliver your orders as soon as possible to the address on your order, subject to delays that are beyond our control. In the unlikely event that your delivery is delayed because the product is temporarily out of stock, we will be in touch by phone and/or email to advise on the estimated date of delivery and to discuss alternative options. If your order hasn’t arrived within 8 business days and you have not received a phone call or email from us, we will follow up your order immediately.

The delivery time for your contacts depends on your lens type. Some lenses are in stock, and some need to be custom made (i.e. Proclear multifocal toric, Proclear XR, Biofinity XR). Once your contact lenses are in stock they are shipped. We only source our contact lenses from contact lens suppliers based in Australia. This means we can deliver your online contact lens order within 2-5 business days within metropolitan regions, and greater metropolitan regions 5-8 business days.

Alternatively, you can select to pick up your order in store at Eyewear Youwear. Our ‘Click and Collect’ option is free. Should you choose this option, we will notify when your contact lenses are in store ready for you, and you can collect them anytime during our normal opening hours. All you need to bring is your order confirmation.

We use tracked Australia post or courier delivery services. Some courier services may require a signature on delivery to ensure the safe delivery of your contact lenses so it may be best to choose a delivery address where someone is available to authorise the delivery. Depending on your delivery address, if no one is available to collect your contact lenses, your delivery parcel may be left at your local post office. If this happens, and you do not collect your contact lenses within the time specified on the ‘delivery for collection’ advice notice, the delivery will be returned to us. If this were to happen, we would contact you to make alternative arrangements.

We can only deliver your contact lens order within Australia.

All contact lens orders will incur a $5 flat shipping fee (this is subject to change and will be clear on the Eyewear Youwear website).

We do not give refunds.

It is important to us that you have the right contact lenses for your eyes. If your contact lens prescription changes and you still have unopened boxes of lenses that you have bought online from us, we can exchange these contact lenses for new contact lenses matching your new prescription, given you meet the following criteria:

  • The returned contact lenses must have been bought online from us within the last 60 days.
  • You must provide proof of purchase. This could be the invoice you received or your order confirmation.
  • The box and product are not opened or damaged and must have more than 6 months remaining before the expiry date.

Please note that Eyewear Youwear does not offer refunds or returns based on change of mind.

If your contact lens prescription changes and you still have unopened boxes of lenses that you have bought online from us please contact us on (02) 9267 4099 or email us info@eyewearyouwear.com.au.

You are covered by Australian Consumer law if your contact lens delivery is faulty or has an issue with quality. We will endeavour to amend the problem, so please contact us (02) 9267 4099 or email us info@eyewearyouwear.com.au.

If you need to return or exchange your contact lenses ordered online from us, you must first contact us on (02) 9267 4099 or email us info@eyewearyouwear.com.au.

After contacting us, please repack the item(s) in the original packaging ensuring it is properly protected from any damage and either post the item back to us or return it to the shop. Return shipping charges will be at your own expense. The contact lenses must be in their original condition. The contact lens boxes cannot be opened or damaged and have no additional markings (unless defective). Do not pack contact lens boxes in an envelope.

Once we receive the contact lenses, we will assess the return and be in contact with you to discuss the next steps. You can expect to receive your exchanged contact lenses within 7-10 business days.

We are not responsible for any merchandise lost or damaged while en-route to our customer support centre.

Do note that custom lenses (i.e. Proclear multifocal toric, Proclear XR, Biofinity XR) will take at least one month to exchange.

We will replace defective lenses but we reserve the right to assess the returned lenses to ensure they are actually defective. If you find that your lenses are defective, please do the following:

  • DO NOT throw away the defective lenses. Keep them with their original cases. We will not grant any refund or exchange unless the damaged lenses are returned to us.
  • Contact us on (02) 9267 4099 or email us info@eyewearyouwear.com.au to advise us of your name, lens prescription, order ID and a description of why the lenses are defective.
  • Send the defective lenses along with their original cases to our shop with your name, order ID, and a contact phone number. Please DO NOT send defective lenses to the distribution centre in Australia. Our shop address will be provided to you after you have contacted us.

The contact lens boxes cannot be opened or damaged and have no additional markings (unless defective). Do not pack contact lens boxes in an envelope.

Once we receive the contact lenses, we will assess the return and be in contact with you to discuss the next steps. You can expect to receive your exchanged contact lenses within 7-10 business days.

We are not responsible for any merchandise lost or damaged while en-route to our customer support centre.

We do not accept responsibility for any loss and damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a)

  • If the breach relates to goods,
  • The replacement of the goods or the supply of equivalent goods,
  • The repair of such goods,
  • The payment of the cost of replacing the goods or of acquiring equivalent goods or
  • The payment of the cost of having the goods repaired; and

(b)

  • If the breach relates to services,
  • The supplying of the services again or
  • The payment of the cost of having the services supplied again.
  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this web site or any linked web site.

The information on this website is geared towards the general consumer and is no substitute for a consultation with your physician who understands your particular needs.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

It is your obligation as the customer to complete all forms and queries with accurate information.

We cannot be held responsible for errors made due to incorrect information submitted by you. It is also your responsibility to update your information as it changes.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods acquired from us over this web site will meet your requirements.

Details contained on this web site relating to goods or services have been prepared in accordance with the laws of Australia and may not satisfy the laws of any other county. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

We reserve the right to terminate your account at any time and for any reason. We will not tolerate inappropriate behaviour on our web site or with our customer service representatives.

Access to this web site may also be terminated at any time by us without notice.

Our disclaimer will nevertheless survive the termination of your account or access to this web site.

These terms and conditions are governed by the laws in force in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia.

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.

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.

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 fall force.

We respect your concerns about privacy and maintaining the confidentiality of your information is important to us. Our Privacy Policy is intended to protect your privacy and to ensure that your personal information is handled in a safe and reasonable manner.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the avoidance of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

We may collect web site visitors’ contact information (like their e-mail addresses). Unless you object, this information may be used:

  • To send news, information about our activities, and general promotional material which we believe may be useful to you;
  • To monitor who is accessing the web site or using services offered on the web site; and
  • To profile the type of people accessing the web site.

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

  • We subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
  • We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
  • We are required by law to disclose the information.

All personal information which we collect (including your contact details and, if relevant, payment details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.