|
Terms and conditions
If you have difficulty reading this page, you must contact us before you place your order.
These Terms set out the rights and obligations that apply where we supply goods to you. Please read them carefully before you place your order as you will be bound by these Terms if we accept your order. If you have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before you place your order.
VISION DIRECT TERMS AND CONDITIONS OF SUPPLY
Any Order and subsequent purchase of Goods (as defined below) from Vision Direct shall be governed by the following terms and conditions. Please read them carefully.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1.In these Conditions:
"Vision Direct" means Motion Global Limited (Business reg: 36859267-000-06-07-6) Registered in Hong Kong Special Administrative Region trading under www.visiondirect.com.au having offices at 6/F Tung Shan Commercial Building, 88 Jervois Street, Sheung Wan, Hong Kong
"Goods" means those products made available by Vision Direct that you wish to purchase, as indicated in your Order.
"Order" means orders placed in accordance with the provisions of Section 3.1.
"Site" means the website owned and operated by Vision Direct with URL address http://www.visiondirect.com.au
2.Customer Obligations
2.1By submitting your Order you warrant, represent and undertake:
2.1.1that you are aged 16 or over and are not registered blind or registered partially sighted and are not ordering on behalf of another person;
2.1.2that you are in possession of a written prescription for your spectacles, and that such prescription has been given to you by a registered medical practitioner or registered optometrist ("your optician") following the testing of sight by him or her within the last twenty-four months if you are under 70 years old, or within the last twelve months if you are aged 70 or over, and that any recommended retest date has not elapsed;
2.1.3if sending Vision Direct your existing spectacles to be copied, that the spectacles sent to Vision Direct are made to your written prescription referred to in Clause 2.1.2;
2.1.4to supply, full, accurate and complete details of your current prescription (including any notes on the prescription) or a copy of your original prescription when requested, and any contact details as given to you by your optician;
2.1.5that you know of no reason why the Goods may not be suitable for your requirements;
2.1.6if you have worn spectacles before and have experienced any problems with the spectacles, to provide us with accurate and complete details of such problems;
2.1.7to provide any details reasonably requested by Vision Direct to confirm that you are eligible to purchase the Goods;
2.1.8that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than your own personal use;
2.1.09that you are the authorised holder of any credit/debit card you may use on the Site.
3.Orders for Goods
3.1Orders must be placed:
3.1.1via the ordering system on the Site;
3.1.2by completing a mail order form in the current mail order catalogue, (which may also be downloaded from the Site) and posting it to Locked Bag 3001
Beecroft NSW 2119 Australia or faxing it to (61)-2-8088-7424
3.2Your submission of the Order, whether submitted via the Site, fax or post represents an offer to purchase the Goods from Vision Direct. VisionDirect may confirm receipt of this offer via email (if the Order is placed via the Site). Any confirmation of receipt of the Order will not constitute an acceptance by Vision Direct of your Order.
3.3There will be no binding contract between you and Vision Direct for the supply of Goods until the Goods have been dispatched to you by Vision Direct.
3.4You may change your Order within 24 hours of purchase from our website, if a model number change is requested after this time then it will not be accepted. You must let us know of any changes as soon as possible.
4.Limitations of Supply
4.1Vision Direct shall make every effort to ensure that all Orders are fulfilled, however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, Vision Direct will contact you to give you a choice to receive a replacement or a refund. If Vision Direct receives no response from you, Vision Direct may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.
4.2Vision Direct tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst Vision Direct tries to ensure that there are no changes to the Goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods.
4.3Vision Direct shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.
4.4If considered necessary or appropriate before an Order is accepted, Vision Direct's supervising opticians shall have absolute discretion:
4.4.1to contact you to discuss your Order, provide advice and/or arrange a free face-to-face consultation with you; or
4.4.2to contact the registered medical practitioner or registered optometrist who provided your prescription to verify and/or discuss your prescription.
4.5If considered necessary or appropriate by one of Vision Direct's supervising opticians, Vision Direct may as a condition of acceptance of your Order:
4.5.1request that you send Vision Direct the original written prescription (or a copy thereof);
4.5.2request that you contact the registered medical practitioner or registered optometrist who provided your prescription to verify and/or discuss your prescription;
4.5.3request that you obtain your pupillary distance measurement from your optician; and/or
4.5.4request that you obtain a new written prescription (if, by way of example only, the prescription provided with your Order contains a retest date that has elapsed).
4.6Vision Direct has absolute right to refuse acceptance of any Order. Without limitation, an Order will be refused if:
4.7.1the Goods are to be supplied to an address outside areas considered to be of high risk;
4.7.2the Order is for single vision spectacle lenses where such lenses have a spherical value of more than +/-8 dioptres, a cylindrical value of more than +/-4 dioptres; or
4.7.3the Order is for bifocals or varifocals
4.8Vision Direct will use an appropriate, average pupillary distance set by its supervising opticians, unless:
4.8.1you send your pupillary distance measurement to us; and/or
4.8.2one of Vision Direct supervising opticians considers at his/her absolute discretion that it is necessary for you to obtain a pupillary distance measurement.
5.Prices and Payment
5.1Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated on the Site or the current mail order catalogue at the time your Order is placed in accordance with these Terms and Conditions.
5.2Prices stated are in AUD
5.3Vision Direct uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, but cannot guarantee that you will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, Vision Direct will contact you and give you the choice to accept the correct price or to cancel the Order.
5.4The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.
6.Delivery and Carriage
6.1Delivery of the Goods shall take place at the time the Goods first arrive at the delivery address stated on your Order.
6.2If your Order is accepted by Vision Direct, delivery will take place no later than twenty-eight (90) days following receipt of your Order
7.Inspection
7.1Upon delivery of the Goods you must inspect them carefully. If any of the Goods do not match the description or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact us by email and inform us of the problem.
7.2The Goods may contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription you set out in your Order, do not use the Goods or any items accompanying the Goods and please contact us by telephone or email and inform us of the problem.
7.3You must notify Vision Direct immediately if there are any defects in the Goods which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
7.4If the Goods are defective on delivery, Vision Direct shall at its absolute discretion repair or replace such Goods or give a refund.
7.5If the Goods are defective in accordance with any of Clauses 7.1 to 7.3, you agree to return the defective Goods to Vision Direct in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.
7.6Subject to Clause 7.7, Vision Direct shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods returned for the reasons set out in Clause 7.1 to 7.3 and shall, upon written request, reimburse you the reasonable costs of returning the defective Goods.
7.7You will be liable for the costs of replacement Goods (including posting, packing and delivery) until the returned Goods are received by Vision Direct.
8.Return of sub-standard goods
8.1You may upon notice in writing to us (in accordance with the provisions of Clause 12),return your Order for a replacement if there are any quality problems with the eywear upon arrival. Notice must be given to us within 5 days of receipt of the goods.
8.2In the event of a replacement requestyou shall promptly return the Goods, and any items and packaging accompanying the Goods and Vision Direct shall, subject to such Goods and items being returned in substantially the same condition as when received by you
There will be no replacement if;
8.3.1the Goods are not received by Vision Direct in "as new" condition;
8.3.2Vision Direct has not received payment in full for the Goods; or
8.3.3you are in breach of your obligations under these Terms and Conditions of Supply, if, by way of example only, you provide a false certification.
8.4 If you discover a manufacturing defect within six months of delivery, you must notify Vision Direct immediately.
8.4.1. If you return the defective Goods stating the manufacturing defect to Vision Direct, Vision Direct shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods.
8.4.2. Vision Direct shall not repair or replace any Goods or give a refund if (i) it has not received the defective Goods back from you or (ii) if the defect is caused by misuse or mistreatment of the Goods.
8.4.3. Vision Direct shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse you the reasonable cost of returning the defective Goods.
9.Transfer of Risk and Title in Goods
9.1Subject to Clause 8, title in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order provided that Vision Direct has received payment in full for the Goods.
9.2Subject to Clause 8, risk in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order.
9.3In the event of cancellation, risk in the Goods remains with you until the Goods are received by Vision Direct.
10.Liability
10.1Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited.
10.2Subject to Clauses 10.1, the total liability of Vision Direct to you in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Vision Direct for the Goods to which the Order relates.
10.3Subject to Clause 10.1, Vision Direct shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
10.4Subject to Clause 10.1, Vision Direct shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Vision Direct has been advised of the possibility of such loss or damage.
10.5Subject to Clause 10.1 Vision Direct shall not be liable to you where the loss or damage results from information provided by you that is inaccurate, false or misleading or that otherwise results from a breach by you of these Terms and Conditions.
10.6Subject to Clause 10.1, Vision Direct accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
11.Force Majeure
Vision Direct shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
12.Notices
Any notice or other communication to be given under these Terms and Conditions must be in writing; in the case of notices to Vision Direct, by pre-paid post to
Locked Bag 3001
Beecroft 
NSW 2119 
Australia or by fax to (61)-2-8088-7424, and in the case of notices to you, by pre-paid post, fax or email to the address or other contact address set out in your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by fax or email, at the time of transmission, provided no transmission failure notice is received.
13.General Provisions
13.1In the interpretation of these Terms and Conditions:
13.1.1the headings are for convenience only and shall not affect the interpretation of this Agreement; and
13.1.2"including" means including without limitation and includes shall be construed accordingly.
13.2You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement.
13.3The Contracts (Rights of Third Parties) and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.
13.4These Terms and Conditions and any relevant Order accepted by Vision Direct constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in Vision Direct's catalogue and sales literature) and, subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions or any relevant Order accepted by Vision Direct. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms and Conditions on behalf of Vision Direct and no variation, amendment or waiver of these Terms and Conditions by such persons shall have effect unless expressly agreed to by Vision Direct with you in writing.
13.5Failure by either party to assert its rights in relation to any breach of these Terms and Conditions or any relevant Order on any occasion shall not be deemed a waiver of such rights.
13.6If any provision of these Terms and Conditions and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms and Conditions.
13.7These Terms and Conditions and any relevant Order are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them.
Your access to, and use of, the Site constitutes your acceptance, without limitation or qualification, of these Terms of Use. If you have any questions about the Terms of Use, please Contact Us .
Who runs the Site?
Thank you for accessing the Site which is owned and operated by Motion Global Limited, a company incorporated in Hong Kong (Business reg: 36859267-000-06-07-6, registered at HONOUR HOUSE, Unit 9 14/F, 375-381 Nathan Rd, Jordan, Hong Kong) having offices at 6/F Tung Shan Commercial Building 88 Jervois Street Sheung Wan, Hong Kong and trading under www.visiondirect.com.au
Who may use the Site?
The Site is for visitors who wish to find out more about Vision Direct and for private consumers who wish to purchase Vision Directs products (you) using this Site.
You should read these Terms of Use in conjunction with the Privacy & Cookie Policy, which is incorporated in these Terms of Use by reference.
Your Right to Use the Site
Subject to these Terms of Use, Vision Direct grants to you a right to access the Site for the purposes of viewing the website and making purchases on the Site. You may only use the Site for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Placement of an order via the Site will not result in a binding contract until the goods are dispatched to you by Vision Direct.
Vision Direct uses reasonable endeavours to ensure the accuracy of the prices and price related information stated on the Site, but cannot guarantee that you will not encounter a mispriced item. If an item is mispriced, Vision Direct will contact you and give you the choice to accept the correct price or to cancel the order.
Changes to the Terms of Use
Vision Direct reserve the right, at its sole discretion, to change, add to or delete any or all of these Terms of Use at any time without prior notice, and will post these changes on the Site. Your continued use of the Site after such changes have been posted will constitute your acceptance of those changes.
Additional Terms of Use
You agree to abide by all additional terms of use displayed in the Site, as they may be updated from time to time. In case of differences or discrepancies between these Terms of Use and the terms governing such specific parts of the Site, the latter shall prevail in respect of your visit to the relevant specific parts of the Site only.
Copyright
The Sites design, names, text, images, graphics, logo and the arrangement of the same (the Materials) are all owned by, or licensed to, Vision Direct or otherwise used by Vision Direct as permitted by applicable law. The Materials may not be reproduced for any commercial or public purpose, republished, posted, broadcast, distributed or transmitted by you, or provided by you to any third party without the express written consent of Vision Direct.
Trademarks
Except as expressly provided in these Terms of Use, Vision Direct does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, and you must not use the Vision Direct name or any other registered or unregistered trade marks displayed on the Site without the prior written consent of an authorized officer of Vision Direct.
No Warranty
Vision Direct is providing the Site and its contents on an as is and an as available basis, without any representation or warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, merchantability or title in relation to the Site. For the avoidance of doubt, this exclusion does not apply to goods sold via the Site.
The content of the Site may contain inaccuracies and typographical errors. Vision Direct tries to ensure, but cannot guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. Any of Vision Direct information or other content contained within the Site is correct to its knowledge, but Vision Direct accepts no responsibility for any errors or omissions therein. Vision Direct reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.
Vision Direct does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
Vision Direct does not assume any responsibility or risk for your use of the Internet.
Third Party Sites and Content
As a convenience to you, Vision Direct may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ("Third Party Content"). If you use these sites, you will leave the Site. If you decide to visit any linked site or decide to use any of the Third Party Content, you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. Vision Direct is not a publisher of any such content. Such Third Party Content and all information contained on the linked sites contain the views, opinions, statements, offers, and other material of the respective users, participants or authors. Vision Direct makes no warranty or representation regarding, and does not endorse, any linked sites, any Third Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that Vision Direct, or any of the Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trade mark, trade name, logo, or copyright symbol of Vision Direct or any of its affiliates or subsidiaries.
Linking to the Site
All links to the Site must be approved in writing by Vision Direct prior to the creation of the link, except that Vision Direct consents to links in which: (i) the link points the user directly to the home page only and not to pages accessible from the home page; (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site; and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Vision Direct nor damage or dilute the goodwill associated with the name and trade marks of Vision Direct or its affiliates. Vision Direct reserves the right to revoke this consent to link at any time at its sole discretion.
Information you submit to the Site
All information Vision Direct asks you to submit to the Site will be treated in accordance with the Privacy & Cookie Policy . Please note, Vision Direct will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that Vision Direct have obtained through your use of the Site. All information you submit to the Site, whether solicited or unsolicited will not be regarded as confidential.
Limitation of Liability
To the fullest extent permitted by law, Vision Direct, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise.
Nothing in these Terms of Use shall prevent you from claiming for loss suffered pursuant to contracts between you and Vision Direct for sale of goods in accordance with the Terms and Conditions of Supply.
Changes to the Site
Vision Direct may terminate, change, suspend or discontinue any aspect of the Site at any time. Vision Direct may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. Vision Direct reserve the right to terminate your secure log-in and suspend your access to secure areas of the Site upon becoming aware that you have breached these Terms of Use.
No Waiver
No waiver by Vision Direct of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by Vision Direct of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.
Severability
If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms of Use are intended to be effective, then to the extent that, and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable
|
