Terms and Conditions
Eye Fitness and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Eye Fitness, you accept these conditions. Please read them carefully. In addition, when you use any current or future Eye Fitness service or visit or purchase from any business affiliated with Eye Fitness, whether or not included in the Eye Fitness Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Eye Fitness or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Eye Fitness or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Eye Fitness and protected by international copyright laws. All software used on this site is the property of Eye Fitness or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
Eye Fitness grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Eye Fitness. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Eye Fitness. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eye Fitness and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Eye Fitness's name or trademarks without the express written consent of Eye Fitness. Any unauthorised use terminates the permission or license granted by Eye Fitness. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Eye Fitness so long as the link does not portray Eye Fitness, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Eye Fitness logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews via email to include comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Eye Fitness reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Eye Fitness and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Eye Fitness and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Eye Fitness or its affiliates for all claims resulting from content you supply. Eye Fitness has the right but not the obligation to monitor and edit or remove any activity or content. Eye Fitness takes no responsibility and assumes no liability for any content posted by you or any third party.
Eye Fitness and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Eye Fitness are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Eye Fitness and its affiliates attempt to be as accurate as possible. However, Eye Fitness does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Eye Fitness itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Eye Fitness and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Eye Fitness does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EYE FITNESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EYE FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EYE FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EYE FITNESS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EYE FITNESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EYE FITNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Eye Fitness, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Eye Fitness or its affiliates.
Any dispute relating in any way to your visit to Eye Fitness or to products you purchase through Eye Fitness shall be submitted to confidential arbitration in Gold Coast, Australia, except that, to the extent you have in any manner violated or threatened to violate Eye Fitness's intellectual property rights, Eye Fitness may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Eye Fitness. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
a. Any contract entered into by EYE FITNESS Pty Ltd ("the supplier/vendor") for the supply of goods or services is subject to these conditions. No variation of the terms will be effective unless confirmed in writing by EYE FITNESS.
b. In the event of any conflict or inconsistency between these terms and conditions of trading and the terms of your order, these terms and conditions prevail, unless otherwise agreed by EYE FITNESS in writing.
Customers are provided an initial quote (valid 30 days from date on quote) generally and once this is confirmed via email, a sales order confirmation is generated which requires signature or email confirmation. Payment will also confirm acceptance of the order and all terms below apply. An invoice will then be generated prior to shipping.
a. No order shall be deemed accepted by the vendor unless received as above in 1.
b. Any quotation issued by the vendor shall be open for acceptance at any time during the validity period shown the quotation or 30 days if not nominated. After the expiration of the validity period of the quotation, the quotation is deemed to have been withdrawn by the vendor.
c. Any quotation is made on the understanding that it will be accepted in full. In the event of partial acceptance of the quotation by the customer a written revised quotation may be sent by the vendor to the customer.
a. Unless otherwise stated all prices quoted on the website by the vendor are INCLUSIVE of Goods and Services Tax (GST) if applicable and if on system generated quotes are EXCLUSIVE of Goods and Services Tax (GST) if applicable.
i. If the seller makes any alteration to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the buyer's account.
ii. All prices shown on the vendor's price list shall be subject to variation without notice.
iii. Goods are invoiced at the price ruling at the time order.
iv. Prices do not include installation or delivery unless expressly stated on the quotation.
4. PAYMENT TERMS
a. The amount payable, pursuant to the quotation, is payable as follows:
i. 100% on order
ii. 50% on Order and 50% prior to delivery.
iii. 100% on finance with approved and current confirmation for finance by finance provider at the time of contract confirmation. Payment in full is required prior to delivery.
b. In the event of default in payment by the due date the vendor reserves the right at any time to impose an interest charge of ten percent (10%) per annum, calculated daily on monies overdue, and to suspend delivery or terminate the contract in respect of any of the equipment remaining undelivered. All invoices paid after due date will incur an additional administration fee of 3% and should debt collection be required for outstanding debtors these costs will be on charged to the buyer.
c. Delay in payment may also result in delivery delays.
7. DELIVERY / DELAY:
a. The vendor shall not be liable for any delay or for any consequence of any delay on production or delivery of any goods if caused by fire, strikes, lockouts, dispute with workmen, flood, accidents, delay in transport, shortage of fuel, default of supplier, inability to obtain material, embargo act or demand of any government, government department or local authority as a consequence of war or of hostilities, ( whether war be declared or not ) or by any Act of God or by any other matter whatsoever beyond the vendors reasonable control.
b. If any such delay occurs then (unless the cause frustrates or rendered impossible or illegal the performance of this contract or otherwise discharges it) the period for the vendor to perform its obligations shall be extended by such period (not limited to the length of the delay) as the vendor may reasonability require to complete the performance of its obligations.
c. The seller is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery or late installation of the goods.
d. The equipment shall be at the customer's risk as from the moment of delivery to the customer's premises.
e. Claims for loss or damage to the equipment in transit shall by made by the customer directly to the vendor, in writing, within 7 days of receipt of the equipment.
f. Failure to comply with one or more delivery dates shall not be deemed to be a repudiation of the balance of the contract.
g. The vendor reserves the right to charge storage where the customers delays installation, equivalent to the amount incurred by the vendor, with respect to same.
h. Part delivery does not constitute grounds for rescission and / or repudiation, by either party.
i. Door to Door Freight and Transportation is based on Standard Delivery and ground floor double door access. Deviation from this may incur costs. EYE Fitness retains title of all goods until fully paid and customer gives right of entry if goods are not paid for as per terms of invoice.
j. Upon receipt of goods please check order and be aware you have 48 hours to report any discrepancies.
k. Once orders are delivered the customer listed on invoice has 48hrs to check delivery, any
discrepancies after 48hrs will not be the responsibility of the supplier.
8. RETURNED GOODS
The seller is not under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.
9. GOODS SOLD
All goods to be supplied by the seller to the buyer are as described on the accepted quotation and the description on such quotation modified as so agreed prevails over all other description including any specification or enquiry of the buyer.
a. Cancellation of an order within seven days of the deposit being paid will result in a full refund of the deposit amount paid. Cancellation after this time cannot be accepted and payment must be made in full, being the full amount stated on the quotation.
b. Cancellation of any order by the customer for whatever reason shall entitle the vendor to recover any ancillary costs and expenses incurred in recovering same.
11.TRANSFER OF TITLE:
a. Although the customer may acquire possession of the goods, ownership and the title shall not pass to the customer until the customer paid all debts in full due to the vendor. Until such time the customer shall:
i. Hold the goods in a fiduciary capacity as agent for the vendor and shall be accountable to the vendor for the proceeds of sale of such goods.
ii. Not sell/on-sell the products to any 3rd party, without the express written consent of the vendor.
iii. Not remove the equipment / goods form the place where the goods were delivered by the vendor, without the express written consent of the vendor.
iv. In the event of any breech of this clause, if requested by the vendor, permit the vendor to enter the premises where their equipment and foods are being stored and permit removal of the equipment or goods into the vendor's possession.
v. Not sell, charge, or otherwise dispose of the equipment (except if it is the express wish of the vendor so to do), shall keep the equipment safe and insured at its own expense and shall return the equipment to the vendor on demand.
a. Any claim by the customer that the equipment supplied does not conform to contract must be made in writing within 7 days of delivery. The equipment concerned shall not be subject to any process nor disposed of until the vendor has had the opportunity to make an inspection and / or test the equipment. The customer should examine the equipment upon delivery and if items are damaged or missing should state details on the goods received note.
b. If the equipment is found to be defective, the vendor shall at its option replace them or credit the customer with their invoiced value or part thereof and this shall be the limit of the vendor's responsibility.
c. In event of non-payment or other default by the purchaser the vendor shall be entitled to recover all legal costs incurred thereby on an indemnity basis.
d. The seller's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s89) is limited to any one or more of the following:
i. The replacement of the goods or the supply of equivalent goods;
ii. The repair of the goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; the payment of the cost of having the goods repaired.
13.WARRANTY AND EXCLUSIONS
a. The vendor warrants the equipment to be free of defects in materials and workmanship for a period of two years from the date for delivery. During such period any servicing or rectification required due to such defects shall be done by the vendor without charge. The vendor, however, will not accept responsibility for defects which are a result of:
i. The equipment having been serviced by persons other than those approved by the vendor.
ii. Use of replacement parts, additional part and accessories other than those approved by the vendor.
iii. The equipment not being properly maintained/serviced regularly ( pursuant to vendors advice) or been use deemed 'misuse' or are wear items (rubber, plastic, soft covers etc);
iv. The equipment having been adapted for use or operated in such a way that does not conform with the recommendations of the vendor.
b. In no circumstances whatsoever shall the vendor, its employees or the agents be liable for any special indirect or consequential damage arising out of any matter contained, implied or referred to herein.
a. The customer shall not assign any rights or delegate any duties hereunder.
b. The vendor reserves the right to sub-contract any or all of its obligations hereunder.
This agreement is subject to the law of the state or territory of Australia in which this document is issued.
This agreement is not to be amended except in writing signed by each of the parties.