SmartBuyGlasses Terms & Conditions
Two separate contracts are used by Smartbuyglasses. The terms of both of these contracts appear on this page.
The first contract is the "Website Terms and Conditions". This contract applies to ALL users of the SmartBuyGlasses website.If you use this website for any reason, you will be bound by the Website Terms and Conditions.
The second contract is the "Terms and Conditions of Supply". This contract applies to EVERY purchase of goods from SmartBuyGlasses. If you order any goods from SmartBuyGlasses, you will be bound by the Terms and Conditions of Supply.
In addition, if you purchase any prescription eyewear from SmartBuyGlasses, the Terms and Conditions of Supply are extended to include the "Additional Terms and Conditions for Prescription Eyewear". If you order any prescription eyewear from SmartBuyGlasses, you will be bound by the Terms and Conditions of Supply, including the Additional Terms and Conditions for Prescription Eyewear.
Please use the links below to review all of these terms and conditions:
This Agreement is between you, the person accessing and/or using the SmartBuyGlasses website ("You") and SmartBuyGlasses Optical Limited.
Who may use the Site?
The Site is for visitors who wish to find out more about SmartBuyGlasses and for private consumers who wish to purchase SmartBuyGlasses's products using this Site.
Your Right to Use the Site
Intellectual Property Rights
Accuracy of content
SmartBuyGlasses will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but SmartBuyGlasses does not warrant that the content of the Site, including any pricing information on the Site, is or will be correct, up to date or error free.
SmartBuyGlasses 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.
SmartBuyGlasses 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.
SmartBuyGlasses does not assume any responsibility or risk for your use of the Internet.
Recommended Retail Price
The RRP is the sale price suggested by the distributor of the branded eyewear. The Recommended Retail Price (RRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion. Whereas our online prices are very competitive within the eyewear industry, we cannot guarantee that this RRP is always higher or lower than the prices in a retail store. In addition, due to the fact the top branded eyewear worldwide is made in Italy, the RRP is also based on a Euro exchange rate within the Countries our websites are featured. Exchange rates are updated to our websites on a periodic basis and we cannot guarantee its accuracy on a daily basis either.
We encourage customers to compare prices via comparative price shopping engines online and through various other means in order to find the best deal. RRP is not the same as 'street price' - Street Price can be broadly defined as the price at which the item actually sells in the free market. Visiondirect.com.au is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.
Third Party Sites and Content
Linking to the Site
All links to the Site must be approved in writing by SmartBuyGlasses prior to the creation of the link, except that SmartBuyGlasses 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 SmartBuyGlasses nor damage or dilute the goodwill associated with the name and trade marks of SmartBuyGlasses or its affiliates. SmartBuyGlasses reserves the right to revoke this consent to link at any time at its sole discretion.
Information you submit to the Site
Limitation of Liability
Other that warranties and conditions implied by relevant legislation, the exclusion of which from an agreement would contravene a statute or cause part or all of this clause to be void ("Non-excludable Conditions"), the parties agree to exclude all implied terms, conditions and warranties in relation to the Site (which may include warranties of satisfactory quality, fitness for a particular purpose, merchantability or title).
Except with respect to any Non-excludable Conditions and to the furthest extent permitted by the applicable law, SmartBuyGlasses, 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.
With respect to breach of any Non-excludable Conditions by SmartBuyGlasses (excluding Non-excludable in respect of which liability may not be limited), SmartBuyGlasses limits its liability to, to the furthest extent permitted by the applicable law at its option, where the breach relates to goods,repairing or replacing the goods, or where the breach relates to services, supplying the services again.
Nothing in this clause entitled “Limitation of Liability” purports to exclude any liability in relation to personal injury or death.
Changes to the Site
Governing Law and Jurisdiction
If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with SmartBuyGlasses, You will be deemed to have understood and accepted these terms and conditions ("Terms"). 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.
SmartBuyGlasses TERMS AND CONDITIONS OF SUPPLY
1. This Agreement is between You, the person placing an order for goods using the Vision Direct website (“You”) and SmartBuyGlasses Optical Limited.
1.1 In these Terms:
"Goods" means those products made available by SmartBuyGlasses 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 SmartBuyGlasses with URL address http://www.smartbuyglasses.com
2. Customer Obligations
2.1 By submitting Your Order You warrant, represent and undertake:
2.1.1 that You are aged 18 or over and are not ordering on behalf of another person
2.1.2 to provide any details reasonably requested by SmartBuyGlasses to confirm that You are eligible to purchase the Goods
2.1.3 that 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
2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site.
3. Orders for Goods
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site or
3.1.2 by completing a form from the current fax order catalogue, (which may also be downloaded from the Site) and faxing it to 1-(347)-438-2913.
3.2 Your submission of the Order, whether submitted via the Site or fax represents an offer to purchase the Goods from SmartBuyGlasses. SmartBuyGlasses may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that SmartBuyGlasses will supply any Goods to You.
3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this timemay be rejected by SmartBuyGlasses at its absolute discretion.
4. Limitations of Supply
4.1 SmartBuyGlasses shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, SmartBuyGlasses will contact You to give You a choice to receive a replacement or a refund. If SmartBuyGlasses receives no response from You, SmartBuyGlasses may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.
4.2 SmartBuyGlasses tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst SmartBuyGlasses tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may 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, and accept that such minor variations will not give You a right to refuse delivered Goods.
4.3 SmartBuyGlasses shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.
5.Prices and Payment
5.1 Subject 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.
5.2 Unless otherwise stated on the Site, all prices for Goods are in United States Dollars.
5.3 While SmartBuyGlasses uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or 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, SmartBuyGlasses will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.
6. Delivery and Carriage
6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.
7. Goods that are Defective on Delivery
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods
7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact SmartBuyGlasses by email and inform us of the problem within 5 days of delivery of the Goods. If SmartBuyGlasses (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed "Defective on Delivery".
7.2 You must notify SmartBuyGlasses immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise SmartBuyGlasses within 14 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".
7.3 If the Goods are Defective on Delivery, SmartBuyGlasses will either repair or replace such Goods or refund the price paid for the Goods to You.
7.4 If the Goods are Defective on Delivery, You agree to return the Goods to SmartBuyGlasses in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
7.5 Subject to Clause 7.6, SmartBuyGlasses shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the reasonable costs of returning the defective Goods.
7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing and delivery) until the returned Goods are received by SmartBuyGlasses.
8. Manufacturing defects in Goods
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods.
8.4 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify SmartBuyGlasses immediately.
8.4.1. If You return the defective Goods stating the manufacturing defect to SmartBuyGlasses, SmartBuyGlasses shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods.
8.4.2. SmartBuyGlasses shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by misuse or mistreatment of the Goods.
8.4.3. SmartBuyGlasses 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
9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order provided that SmartBuyGlasses has received payment in full for the Goods.
9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order.
9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by SmartBuyGlasses.
10.1 Nothing 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, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods..
10.2 Subject to Clauses 10.1, the total liability of SmartBuyGlasses 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 SmartBuyGlasses for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, SmartBuyGlasses 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.
10.4 Subject to Clause 10.1, SmartBuyGlasses 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 SmartBuyGlasses has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 SmartBuyGlasses 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.
10.6 Subject to Clause 10.1, SmartBuyGlasses accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
10.7 Before starting to use your eyewear purchase you should try them on. If you cannot see clearly or if you experience any discomfort or problem in relation to any eyewear product (particularly prescription eyewear and contact lenses) purchased, you should stop using the eyewear in question immediately and you should seek advice from an optician without delay. Unless specified otherwise, the sale and supply of products to you by SmartBuyGlasses does not and cannot constitute the provision of any advice whether of a professional or medical nature or otherwise.
11. Force Majeure
SmartBuyGlasses shall not be liable for failure to comply with these Terms 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.
Any notice or other communication to be given under these Terms must be in writing, in the case of notices to SmartBuyGlasses, by fax to 1-(347)-438-2913, 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
13.1 In the interpretation of these Terms:
13.1.1 the 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.
13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
13.3 These Terms incorporate by reference the following additional terms: a) SmartBuyGlasses "100% Guarantee", as published on the Site, b) if the Goods include any item manufactured in accordance with a prescription from registered medical practitioner or optometrist, the "Additional Terms and Conditions for Prescription Eyewear".
13.4 These Terms and any relevant Order accepted by SmartBuyGlasses 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 SmartBuyGlasses'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 or any relevant Order accepted by SmartBuyGlasses. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of SmartBuyGlasses and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of SmartBuyGlasses with You in writing.
13.5 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.
13.6 If any provision of these Terms 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.
13.7 These Terms and any relevant Order are governed by the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.
1.1 These Additional Terms and Conditions ("Additional Terms") are incorporated by reference into the Terms and Conditions of Supply in respect of any Order for the supply of Goods where the Goods include any item manufactured in accordance with a prescription from a qualified, registered medical practitioner or optometrist ("Prescription Order").
1.2 By placing a Prescription Order, You agree to be bound by these Additional Terms. If You do not understand or accept these Additional Terms, You must not place a Prescription Order.
1.3 Any term used but not defined in these Additional Terms has the meaning given to that term in the Terms and Conditions of Supply.
Your assurances with respect to any Prescription Order
2.1 By placing a Prescription Order, You warrant, represent and undertake:
2.1.1 that You are not registered blind or registered partially sighted
2.1.2 that You are in possession of a written prescription in respect of the Goods that are the subject of the Prescription Order, 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
2.1.3 if sending SmartBuyGlasses Your existing spectacles to be copied, that the spectacles sent to SmartBuyGlasses are made to Your written prescription referred to in Clause 2.1.2
2.1.4 to 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
2.1.5 that You know of no reason why the Goods (including the Goods that are the subject of the Prescription Order) may not be suitable for Your requirements
2.1.6 if You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide SmartBuyGlasses with accurate and complete details of such problems.
2.2 You undertake to indemnify SmartBuyGlasses in respect of all costs, expenses (including reasonable legal fees and costs), losses, damages and liabilities incurred or suffered directly or indirectly by SmartBuyGlasses by reason of any breach or alleged breach of any representation, warranty or undertaking or any provision of this Agreement, except where such costs, expenses etc. arise solely out of the fault of SmartBuyGlasses.
SmartBuyGlasses right to make enquiries with respect to any Prescription Order
3.1 You agree that, with respect to any Prescription Order, SmartBuyGlasses's supervising opticians shall have absolute discretion:
3.1.1 to contact You to discuss Your Prescription Order, provide advice and/or arrange a free face-to-face consultation with You or
3.1.2 to contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription.
3.2 If considered necessary or appropriate by one of SmartBuyGlasses's supervising opticians, SmartBuyGlasses may as a condition of acceptance of Your Order:
3.2.1 request that You send SmartBuyGlasses the original written prescription (or a copy thereof)
3.2.2 request that You contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription
3.2.3 request that You obtain Your pupillary distance measurement from Your optician and/or
3.2.4 request 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. SmartBuyGlasses will use an appropriate, average pupillary distance set by its supervising opticians, unless:
4. 1 You send Your pupillary distance measurement to us and/or
4.2 one of SmartBuyGlasses supervising opticians considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance measurement.
Confirmation of prescription
The 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 Prescription 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.