CHILDREN’S SAFETY GLASSES – TERMS AND CONDITIONS OF USE AND ONLINE PURCHASE

This online website and sales platform (Platform) is operated by Emdek Pty Ltd trading as Children’s Safety Glasses [ABN 77 120 698 259] or its successors and assignees (we, our or us).

It is available at: www.childrenssafetyglasses.com.au (Website).

Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms.

Registration

You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, such as the purchase of goods through the Platform.

Reliance and Advice

All information provided by us on this Website, or in respect of any products listed on the website, is provided for use as general information only. It is not to be construed as advice on optical or other matters. You should make your own enquiries and independent assessments with respect to information you obtain from the Website, and where applicable, personally consult a qualified optometrist. Any reliance of information provided on this Website or via this Platform is at your own risk. We assume no duty of care in this regard and we are not liable for indirect or consequential loss occurring from any action taken because of a reliance on the Website.

Our Contract

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your order which will be an acknowledgement only and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the goods in your Order have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If you make more than one Order a new contract will be created each time you place an Order.

Pricing, accuracy and availability

• Whilst we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in any information on the Platform (including the way goods are priced) we will correct the error as soon as we are reasonably able to.
• The pricing of products and services (where applicable) on the Platform are subject to change, without notice, at our discretion.
• While we use our reasonable commercial endeavours to ensure the images used on the Platform are representative of the style, colour, texture and size of a product, the product may vary from the image displayed when delivered due to computer monitor/ mobile device settings and other external factors beyond our control. We cannot guarantee that the style, colour, texture or size of the product will match that which you see on the Platform.
• We will make all efforts to ensure orders are fulfilled. However, we cannot guarantee availability of the products and if the Products you order are not available, we will contact you to provide the choice of a suitable alternative or a refund. If we cannot contact you within 14 days from the date of the order to discuss these matters, we will provide a full refund and cancel your order.

Prescription Lenses

(a)        Where you purchase items that require an optical prescription from a registered and qualified optician (Prescription), you warrant that (i) you have a valid prescription that has not exceeded the expiry date and is less than 2 years old and have provided a copy of the prescription where necessary; (ii) the product purchased or ordered is for you personally or a child in your care; (iii) you are the person on the Prescription; (iv) you have conducted a safety risk assessment for the task/ purpose to which the glasses will be applied/ used; and (v) you know of no reason why the product would not be appropriate for you.

(b)        We will not be liable for any incorrectly filled in or transposed Prescription details.

• You acknowledge that: (i) we may contact you to provide an updated Prescription at our discretion if we believe that the Prescription supplied is not suitable; and (ii) we can refuse to accept a Prescription or selected extras which would be, in our view, inappropriate and/ or render the product chosen unsuitable or unsafe for its intended use.

• Where an order for prescription lenses is cancelled in between order and delivery, you acknowledge that it may not result in a refund or full refund due to the associated costs of creating prescription products.

Fees and Payments

(a)        It is free to register an Account on the Platform.

(b)        Any payments will be made through our third party payment processor or by any other payment method set out on the Platform.

(c)        To the extent permitted by law, our service fee is non-cancellable and non-refundable.

(d)        We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Please review these terms and conditions before using your selected payment method. As at the last update of these terms and conditions we use secure Paypal payment processing.

Delivery of your Order

• Delivery costs will be charged in accordance with the prices on our website.
• When delivering a product purchased on the website we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers, with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
• You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, you will be notified, generally by a card, that we, or our delivery company, will leave at the delivery address. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund at our discretion.
• 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.

Shipping information and prices

• We display shipping information and prices on our website under the heading “FAQs> What is the cost of shipping” [hyperlink to this website section childrensafetyglasses.com.au/faqs]. However, this information may be updated from time to time and changed at our discretion. You should check these terms for updated information each time you decide to place a new order.
• While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
• For non-delivery of goods, please notify us by email as soon as possible.

Receipt of goods

• You must inspect the goods immediately upon their arrival and if the goods are damaged, then you must give notice and send a photo of the damaged goods to us within 24 hours of the next business day on receipt of the goods (Notice). If you fail to give Notice within this time period, the goods are deemed to be in accordance with the specified requirements. All defective goods must be returned to us within a reasonable time in full with their accompanying packaging. You will be liable for the postage and the safe return of the items to us where the goods are to be returned to us. However we may, at our discretion, choose to refund you for the packaging in the case of faulty items.
• If you experience any visual difficulty, particularly blurred, double or uncomfortable vision wearing the goods, please contact us. Note that we may require you to report any unusual symptoms to the medical practitioner or optometrist that provided you with any Prescription we fill on your behalf.
• This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

Refund and Cancellation Policy

• Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.
• In the event that a product isn’t proven to be defective in either the Prescription provided and the product is deemed not suitable in the way that it fits or looks or in comfort, we will offer a replacement product in the first instance. You will meet any difference in the cost of the replacement product over the original price.
• Where a product is returned for warranty assessment (in the case of Prescription products), you will be liable for the postage and other associated costs of returning the product for assessment.
• Our exchange policy is governed by the policy on our website under the heading “FAQs> What is the exchange policy?” [hyperlink to this website section childrensafetyglasses.com.au/faqs ].

Collection Notice

• We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. [hyperlink privacy policy link]
• We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
• Our Privacy Policy [hyperlink privacy policy link] contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
• By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of us or the owner of the Content (as applicable):

(a)        copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)         breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)         altering or modifying any of the Content;

(2)         causing any of the Content to be framed or embedded in another website; or

(3)         creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a)        you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)        neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites

Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a)        Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b)        Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Limitation on Claims

• We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
• Our liability for failure to comply with a consumer guarantee is limited to:
• in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply); and
• in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
• Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
• In all other respects, our total liability for loss or damage of every kind, whether:
  • arising pursuant to the terms of service; or
  • arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

• Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
• Where you have asked us to recommend a product for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.
• This clause will survive the termination or expiry of these Terms.

Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.

Indemnity

You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices, please contact us at:

Emdek Pty Ltd trading as Children’s Safety Glasses [ABN 77 120 698 259]

Email: sales@childrenssafetyglasses.com.au

Last update: 18 October 2019