Terms and conditions when buying prescription glasses and spectacles online
1. Basis of Contract
1.1 In these terms and conditions "We" or "Us" refers to Stingy Specs Pty Ltd (ABN 43 059 636 225).
1.2 These terms and conditions are governed by the laws of the State of Victoria, Australia. You and Stingy Specs Pty Ltd agree to submit to the exclusive jurisdiction of the courts Victoria. If you choose to access this site from another location compliance with any applicable local laws is your responsibility.
1.3 By using this website you accept these terms and conditions as the terms of a legally binding contract between you and Us and you acknowledge that you have read and understand these terms and conditions.
1.4 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 and effect.
1.5 By completing the online order process you are making an offer to purchase products from Us in accordance with these terms and conditions. By making an offer, you are agreeing to pay for and accept delivery of the goods ordered if we accept your offer. You cannot withdraw your offer once you have made it.
1.6 We may accept or reject your offer within 7 days.
1.7 We may require additional verification or information before accepting your offer.
1.8 If We reject your offer then We will refund to you all payments made to us by you in your offer.
1.9 We reserve the right to accept or reject your offer for any reason. We do not need to give a reason for rejecting your offer. We are likely to reject any offers from you if we have previously given you a refund, if you have previously made a credit card charge-back or if you have previously made a claim for product non-delivery. We will reject offers from anonymized IP addresses and offers from countries that we do not service. We may reject offers which do not comply with our credit card verification procedures.
1.10 If we have not accepted your offer within 7 days then the offer is deemed to be rejected.
1.11 An acceptance by Us of your offer will consist of an e-mail which contains the words "Final Order Confirmation."
1.12 Any quotations that we issue shall not be regarded as an offer to sell.
2. Goods Supplied
2.1 All goods on our site are displayed as accurately as possible, though there may be some variation due to photographic and graphical technology, website design and tolerances in the accuracy of measurements and dimensions.
2.2 All goods are sold subject to availability.
2.3 We will not knowingly supply prescription spectacles to minors under the age of 16 years. We will not knowingly supply prescription spectacles to you if you are purchasing them for minors under the age of 18 years. We will not knowingly supply spectacles to people who are not legally entitled to make contracts.
2.4 You must supply a spectacle prescription supplied by a registered optometrist or registered medical practitioner practising as an ophthalmologist. The registration of the practitioner must be valid in the jurisdiction in which you live. The prescription must not be more than two years old and the prescription must not have expired at the time of making the offer. If you enter your prescription details into the website then it is your responsibility enter the prescription correctly.
2.5 Any prescription spectacles we make will be made according to the prescription you supply in compliance with Australian Standards AS 2228.1-1992 (Spectacle Lenses) and AS 2228.2-1992 (Spectacle Frames).
2.6 We may at our discretion reject offers where PD is not supplied.
3. Price
3.1 All prices on our web site include GST on taxable items. (Most spectacle lenses are not subject to GST) A tax invoice will be sent to you with the products.
3.2 Products exported to countries outside Australia are GST Free. Any Import duties or taxes that may be levied are the responsibility of the purchaser.
3.3 Prices displayed on our web site or other catalogues are correct at the time of display.
3.4 We reserve the right to alter prices from time to time without notice. We will not alter the price once an offer is accepted.
3.5 All prices are in Australian Dollars and all payments shall be made in Australian Dollars.
4. Delivery
4.1 Ownership (or title) of products passes to you when you receive the products and you have paid for them in full. Once the goods have been delivered to the address specified by you, the risk of damage to the goods shall pass to you.
4.2 Delivery of goods will be made within 21 days subject to availability. If we cannot deliver the product to you within 21 days then we will advise you of the expected delivery date. You will have the option of terminating this agreement (and obtaining a full refund), or waiting for the delivery. All limitations of liability contained in this agreement will survive termination of this agreement.
4.3 Goods will only be delivered to addresses within Australia, New Zealand, United States, United Kingdom and Canada.
4.4 It is your obligation to provide the correct delivery details when placing any order.
4.5 We may at our discretion choose to not deliver to post office boxes.
4.6 We may reject your offer if we choose not to deliver to the delivery address you provide.
4.7 You are liable for any extra delivery fees which are incurred as a result of you not taking delivery of products as arranged.
4.8 Product prices displayed on our web site exclude delivery. Delivery fees are as shown at the checkout screen. Delivery fees are included in the total cost of the order.
4.9 If you return incorrect or freight-damaged product to us and we replace the product then we will reimburse you for reasonable postage charges.
4.10 If you are returning an item to us for a refund or exchange or warranty then the cost of returning the product is your responsibility and it is non-refundable. The product is your responsibility until it reaches us. We recommend that you purchase insurance when you return products to us.
5. Guarantee and Returns
5.1 100% Satisfaction Guarantee:
If you are not satisfied by your Purchase from Stingy Specs then within 14 days of receiving the goods you can return all products in the same condition as you received them, including a copy of the receipt, for a full refund of your purchase price.
5.2 Materials and Workmanship Guarantee: All glasses supplied by Stingy Specs come with a 12 month materials and workmanship guarantee. All guarantee claims need to be sent to us for assessment and claims need to include a copy of the receipt. We will repair or replace faulty items at our cost. Scratched lenses are not covered by this guarantee.
5.3 Optical Dispensing Guarantee:
i) We warranty that we will make your glasses according to the prescription that you supply in compliance with Australian Standards AS 2228.1-1992 (Spectacle lenses) and AS 2228.2-1992 (Spectacle frames).
ii) Your order will be inspected in accordance with high industry standards and accepted optical dispensing practises before we send it to you.
iii) If you feel that your prescription may be incorrect: Contact us as soon as possible. Within 14 days of receiving your glasses you may send them back to us for assessment. If our assessment reveals that the lenses were not made correctly according to the prescription you supplied then we will remake the lenses at our cost. If for any reason, we cannot solve the problem, we will offer you a full refund.
iv) If you would like us to to change the lenses in the glasses we have made: Send the glasses back to us within 14 days of receiving them. Include a copy of the prescription for the new lenses and include a copy of the receipt. You will be required to pay for the new lenses and we will credit you half the amount you paid for the original lenses. If for any reason, we cannot solve the problem, we will offer you a full refund. At our sole discretion we may choose to give you a full refund instead of supplying you with different lenses.
v) If you are not 100% satisfied with our freeform lenses, contact us within 14 days of receiving your glasses, return your glasses in original condition, and we'll replace the lenses in those frames with Bifocal lenses and include a free pair of reading glasses from our $29 frame range, all made to your prescription and previous order.
Alternatively we will remake the multifocal prescription if it is not correct as per 5.1 or 5.3(i).
5.4 Return of Damaged or Incorrect Goods:
Please inspect your goods as soon as you receive them, and if;
a) the goods are damaged: Inform us immediately and return the goods to us within 14 days including a copy of the receipt and we will supply you with another identical product.
b) the goods supplied do not match the products ordered: Do not use the products and contact us as soon as possible. You may need to send the goods back to us within 14 days, including a copy of the receipt. We will assess and send the corrected product to you as soon as possible. If for any reason, we cannot solve the problem, then we will offer you a full refund.
6. Liability
6.1 To the extent permitted by law our liability for any loss or damage to you which may arise in respect of goods and services purchased from us is limited to the refund of moneys or the replacement of products. Nothing in this clause is to be taken to exclude or restrict any rights which the Trade Practices Act (Cth) or other applicable law grants to you in respect goods and services purchased from us.
6.2 We do not accept liability for any costs incurred by you for repairs, modifications, or adjustments to products.
6.3 We do not accept liability for any professional fees incurred by you under any circumstances.
6.4 We do not accept any liability for damage to products caused by you.
6.5 We accept no liability for losses incurred as a result of delays.
6.6 You acknowledge that we act in good faith based on information that you supply.
6.7 You indemnify us and keep us indemnified for any loss or damage suffered by you or any third party as a result of you (i) infringing on our intellectual property rights or (ii) using this website or its contents in a malicious or defamatory manner or (iii) providing us with incorrect, false or misleading information.
6.8 We make no warranties of any kind, whether express or implied, regarding this site or its contents. You use this site on an 'as is' basis at your own risk. To the extent permitted by law we will not be liable for any loss or damage whatsoever (including direct, indirect, special, consequential or punitive damages), which you may suffer in connection with your use of this site. You agree to indemnify us and keep us indemnified against any claim made against us in connection with your use of this site.
6.9 We do not endorse or accept responsibility for the content of any advertisements on this site or the content of any sites that we may link to.
6.10 We do not accept liability for any loss or damage, which you may suffer in connection with your reliance on any information contained in this website. We do not warrant that information contained on this site is accurate, complete, or current.
6.11 We do not accept liability for the correctness or appropriateness of the prescription that you supply.
6.12 You agree that our employees and representatives are not personally liable for any loss or damage to you whatsoever.
6.13 If there are circumstances beyond our control (such as change in regulations, industrial action, natural disaster, accident, terrorism or war), and as a result of such circumstances we have not complied with the terms of this agreement then we shall not be liable to you for breach of this agreement.
7. Appropriateness of Products
7.1 You acknowledge that it is your responsibility to act on the advice of your optometrist or ophthalmologist regarding your visual requirements. You acknowledge that we do not know what your visual requirements are.
7.2 We do not guarantee that the products we supply will meet your requirements.
7.3 We do not guarantee that the spectacles we supply will be fit for any particular visual task.
7.4 We make no guarantees regarding the visual acuity that you will achieve with spectacles that we supply.
8. Privacy
8.1 Our privacy policy is detailed on the “Your Privacy” page of this site.
8.2 You authorise the prescriber of your spectacle prescription to release your spectacle prescription and pupillary distance measurements to Us if it is relevant to your order of spectacles.
8.3 If Your payment is subject to a credit card charge-back then we may use or disclose any personal information and e-mails collected and recorded in relation to you to assist Us in the process of fighting the charge-back and the process of debt recovery.
9. Professional Advice not Given
9.1 You acknowledge that we have not examined your eyes in any way. You acknowledge that we do not provide optometrical, medical, or eye health examinations and you acknowledge that we do not have any duty of care to detect, monitor, manage or treat any eye related diseases or disorders. You acknowledge that we have not given you advice regarding the health of your eyes and we have not recommend how frequently you should have your eyes examined.
9.2 You acknowledge that if we suggest that you have your spectacle prescription professionally checked then this suggestion is not eye health related advice.
10. We reserve the right to enforce any terms and conditions in this document even if we have not enforced the same terms and conditions previously.
11. We reserve the right to amend these terms and conditions from time to time. Making an offer to purchase products from us will be regarded as acceptance of the terms and conditions which are shown on this website at the time when the offer is made.
12. We may terminate this agreement at any time by giving you a full refund. All limitations of liability contained in this agreement will survive termination of this agreement.
13. We may terminate your ability to purchase goods from this site at any time without notice and we are not required to give a reason for such termination. All limitations of liability contained in this agreement will survive termination of your ability to purchase goods from this site.
14. The material on this site is protected by copyright. Unless otherwise indicated, all rights in all content, are owned by Stingy Specs Pty Ltd.
15. You are not authorised to use this site or the contents of this site for any purpose other than personal shopping.
16. Goods supplied to you are not to be resold.
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