Terms and Conditions of Purchase

Please read these Terms and Conditions of Purchase carefully as they set out the terms under which EyeSense Vision Optometrists Pty Ltd (ACN 686 618 986) (“EyeSense Vision Optometrists”) makes the products advertised on www.eyesensevision.com.au (“the Website”) available to you including via any technologies or devices by which we make the Website available to you.

You agree that, by ordering any of our products from the Website, you will be bound by these Terms and Conditions of Purchase. If you do not agree to these Terms and Conditions of Purchase in their entirety, you must not order any Product through the Website.

1 General Provisions

1.1 These Terms and Conditions of Purchase are applicable to any purchases made online at the Website.

1.2 By placing orders through the Website you are offering to contract for the supply of healthcare products (including prescription glasses, contact lenses, sunglasses, accessories, batteries and related products, (also described in these terms and conditions as “goods” or “products”)). Details of the entity with which you are contracting by ordering through the Website will be set out in your order confirmation.

1.3 The products and services offered on the Website may be supplied by EyeSense Vision Optometrists and/or its associated entities (collectively referred to as the “EyeSense Vision Optometrists”).

2 Placing an order; acceptance of an order

2.1 The display of any product or promotion on the Website shall be construed as an advertisement or offer to treat and not as an offer by EyeSense Vision Optometrists. By submitting an on-line order for a product, you will be deemed to be making an offer to buy that product subject to these Terms and Conditions of Purchase. If your offer is accepted by EyeSense Vision Optometrists, this will result in a binding contract between you and EyeSense Vision Optometrists (“Contract”). Each Contract will incorporate these Terms and Conditions of Purchase.

2.2 When you have submitted your on-line order, you will receive an email from EyeSense Vision Optometrists acknowledging the receipt of your order and your order number. Your offer to purchase a product is accepted by EyeSense Vision Optometrists when EyeSense Vision Optometrists processes payment for the order. You will receive e-mails confirming when the products have been paid for and when the products are dispatched.

2.3 Any coupon or voucher code must be applied prior to checkout for discount to be redeemed. Discounts cannot be refunded post purchase. Orders cannot be adjusted post purchase during sale period.

2.4 We have taken reasonable precautions to try ensure that the prices quoted on the Website are correct and that all products have been fairly described.

2.5 All products are subject to availability. As your order is processed, you will be informed by e-mail if any of the products ordered are not available or if there is a problem with your order.

2.6 If any products ordered are not available, EyeSense Vision Optometrists may offer you substitute products of equivalent quality and price. If EyeSense Vision Optometrists is unable to offer substitutes or you do not agree to accept such substitute, EyeSense Vision Optometrists will reimburse your payment within 10 days of the date EyeSense Vision Optometrists receives your order.

2.7 You can view the status of your order in the My Account section of the Website.

2.8 Orders can only be delivered to valid Australian postal addresses (excluding PO Boxes).

3 My Account

3.1 The My Account facility on the Website enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.

3.2 When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at My Account at any time. The details you provide to EyeSense Vision Optometrists will be handled in accordance with the EyeSense Vision Optometrists Privacy Policy.

3.3 You are responsible for the security and proper use of your password and account information and must take all reasonable steps to ensure that the password and account information is kept confidential.

4 Payment

4.1 The prices stated on the Website are inclusive of GST (where payable) and exclude delivery charges. Any applicable delivery charges will be displayed on the order form.

4.2 We process payment and future payments by approved payment platform(s) (e.g. PayPal), credit or debit card once you place an order with us. However, if you order contact lenses on their own without prescription glasses, payment will only be processed once your prescription is verified. Payment will be processed after receipt of your order but prior to dispatch.

4.3 Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure.

4.4 We use approved third party payment service providers to process encrypted card payments. EyeSense Vision Optometrists does not store credit card details.

4.5 If your health fund cover allows for optical claims, you may be entitled to a rebate for your purchase. When your order is processed, you will receive a Tax Invoice with a Provider Number. This can be used with any health fund in Australia to claim benefits you may be entitled to. For eligible online purchases, you may be able to claim your health fund benefits instantly through Medipass if you are a member of a participating health fund.

5 Your Obligations

5.1 You agree to comply with all the instructions for use of your purchases to be found on the user instructions supplied with the products or as otherwise directed by your optometrist or the EyeSense Vision Optometrists Store.

5.2 By placing an order you are confirming that:

• you have a valid prescription for the prescription glasses or contact lenses you are ordering which has not exceeded the expiry date annotated on it and which has been issued by a registered optometrist;
• the information you provide is true and correct and matches your current prescription;
• you know of no reason why the product you are ordering would not be appropriate for you;
• you have sought advice from your optometrist if you are experiencing any discomfort with the product you are currently wearing; and
• the order placed through the Website represents a request for products by you, which fulfils the needs of you yourself and no other person.

6 Delivery and inspection of the products

Please note – delivery can only be to valid postal addresses in Australia (excluding PO Boxes).

6.1 The status of your order may be viewed on the Website using the ‘My Account’ section by using your order number.

6.2 Products will be sent to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.

6.3 We aim to dispatch all products within 12 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times.

6.4 Please inspect the products as soon as possible after delivery to check for any damage, defects or discrepancies. In the event there is a problem with the products please do not use the products and contact EyeSense Vision Optometrists customer services as soon as possible.

6.5 If products are returned to EyeSense Vision Optometrists as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days, then you will be refunded for the products within 10 days of that date.

7 Title and risk

7.1 Title and risk in the products shall pass to you on delivery.

8 Warranty

8.1 EyeSense Vision Optometrists warrants that the products to be delivered comply with your order confirmation and with the prescription you have provided to us.

8.2 You agree that EyeSense Vision Optometrists will not be held responsible if you have entered your prescription into your order incorrectly or your eyes do not tolerate the contact lenses, glasses or any related products ordered by you, except where this is caused by a careless or negligent act or omission of EyeSense Vision Optometrists, its directors, employees, affiliates or other representatives.

Please see our customer guarantees for information on EyeSense Vision Optometrists customer guarantees.

Please refer to Section 12 for detail on how to return products.

9 Privacy

9.1 EyeSense Vision Optometrists  will process personal information about you in accordance with the EyeSense Vision Optometrists’ Privacy Policy . Please read the Privacy Policy carefully to understand the EyeSense Vision Optometrists ’s use and treatment of your personal information. By placing an order, you agree that you have read and agree to the Privacy Policy.

10 Liability

10.1 Subject to the remainder of this Clause 10 and to the extent permitted by law, EyeSense Vision Optometrists ’s liability under these Terms and Conditions of Purchase or in relation to any Order shall be limited to the amount paid for the relevant product/s purchased by you. EyeSense Vision Optometrists  will not be liable to you for:

1. a) any loss or damage suffered by you as a result of any incorrectly entered prescription information or for your improper use of the products you purchase;
2. b) any special, indirect or consequential loss or damage (including loss of income or profits, loss of data, loss of goodwill or loss of opportunity) which you may suffer under or in connection with any Contract or these Terms and Conditions of Purchase;
3. c) any loss or damage suffered by you as a result of any intentional or negligent act or omission by you or your improper use of the products.

10.2 EyeSense Vision Optometrists  does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury arising from the negligence of EyeSense Vision Optometrists, its directors, employees, affiliates or other representatives.

10.3 Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.

10.4 Nothing within these Terms and Conditions of Purchase shall limit or affect your statutory rights under the Australian Consumer Law.

11 Force Majeure

11.1 Neither party shall be in breach of a Contract or these Terms and Conditions of Purchase nor liable for delay in performing, or failure to perform, any of its obligations under this Contract or these Terms and Conditions of Purchase if such delay or failure result from events, circumstances or causes beyond its reasonable control including but not limited to postal strikes, transport interruption, electrical failure, industrial action, fire, flood, epidemic or other natural disaster (“Force Majeure”).

11.2 If EyeSense Vision Optometrists has already fulfilled its obligations under any Contract in part when the Force Majeure occurs, EyeSense Vision Optometrists will be entitled to charge you for that fulfilled part unless your obligation to pay is prevented by the Force Majeure event in which case you will pay immediately once the Force Majeure event has passed.

11.3 In the event that a Force Majeure operates for a period of 30 days or more, if you have paid for a product yet to be dispatched to you, EyeSense Vision Optometrists shall return to you the amount paid.

12 Returns

12.1 In the event that the products received to do not match the order confirmation or are damaged on receipt, EyeSense Vision Optometrists will offer to repair or replace the products or issue you with a full refund. Please contact EyeSense Vision Optometrists Customer Service for information on how to return products to EyeSense Vision Optometrists. Customer Services will issue you with a returns reference and advise you of the applicable returns address and will cover the cost of postage.

12.2 A refund, repair or replacement will be made following receipt by EyeSense Vision Optometrists of the returned products. Any refunds provided will be made to the debit or credit card provided by you when you placed your order.

12.3 Please note that all returns are to be returned with all component parts as soon as possible and in any event within 90 days of you receiving a returns reference for the products. You must take all reasonable care of the products that you will return to us while they are in your possession. Products should be returned to us in or with their original lensesaging, and in the case of receiving the wrong contact lenses, such lensesaging must be unopened and unmarked.

12.4 Please see our customer guarantees for information in relation to EyeSense Vision Optometrists customer guarantees. Nothing within these Terms and Conditions of Purchase affect your statutory rights under the Australian Consumer Law.

13 Intellectual Property Rights

You may not use any of the Intellectual Property Rights in the Website or in our products without the express written consent of the EyeSense Vision Optometrists .

14 Changes to these Terms and Conditions of Purchase

EyeSense Vision Optometrists reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time as may be reasonably necessary to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order products from us.

15 Waiver

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

16 Severability

If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

17 Written Communications

17.1 When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.

17.2 All notices given by you to us must be given to Customer Service . We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

18 Transfer of Rights and Obligations

We may transfer, assign, charge or sub-contract any of our rights or obligations arising under it, as may be reasonably required by us, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.

19 Entire Agreement

These Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us constitute the entire agreement between us in relation to the subject matter of any Contract and these Terms and Conditions of Purchase.

20 Jurisdiction and applicable law

The Terms and Conditions of Purchase and the Contract shall be construed in accordance with the laws of Western Australia. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.

Contacting us

If you have any comments or concerns about material which appears on our Website, please contact:

EyeSense Vision Optometrists
T: 08 6166 3777

EyeSense Vision Optometrists
Unit 2/643 Newcastle street,
Leederville,WA,6007