These "Terms and Conditions of Use" refer to the AusSpecs Web Site and by using the web site for any purpose you agree to be bound by the following Terms and Conditions.
The name AusSpecs, AusSpecs.com.au, we or us refer to A.S.W. Group Pty Ltd (ACN 156498146) t/s Australian Spectacle Wholesalers, PO Box 490 Kwinana Western Australia 6167
1. Conditions of Purchase .
To purchase any products from or through the AusSpecs website you agree and affirm;
i)You are over the age of 18 years.
ii)You are not ordering glasses for persons under the age of 18 years of age except where you are the parent or legal guardian of that person.
iii)You are not registered as blind or partially sighted.
iv)Your prescription details supplied in your order to AusSpecs (if any) was supplied by a registered optometrist.
v)Your prescription details
supplied in your order to AusSpecs (if any) are less than 2 years old.
vi)Your prescription details
supplied in your order to AusSpecs (if any) are true and correct.
vii)You are a person whom is legally permitted to purchase goods or services
viii)You are not permitted to on-sell products purchased through the AusSpecs web site.
2. Loss or damage.
Ownership (or title) of your Spectacles passes to you at the time payment is received and the offer to purchase is accepted by AusSpecs .
ii) Possession of the Spectacles passes to you at the point of dispatch which also stipulates that risk of damage or loss through postage also passes to you at the point of dispatch.
iii) If you have not received your glasses within 14 day you must notify AusSpecs in writing.
iv) If you do not notify AusSpecs within 30 of despatch or no claim will be recognised and no correspondence entered into.
v) AusSpecs accepts no responsibility whatsoever for damage caused to your spectacles save fault in manufacture.
vi) The cost of postage for the return of products for warranty claim is your responsibility entirely and will not be refunded by AusSpecs.
vii) It is incumbent on you to check the goods on arrival and in the event that there is a manufacture
problem or not what you ordered you must notify AusSpecs in writing within 3 working days. AusSpecs
will not recognize any claim if not notified within the required time or if the glasses have been
3. Acceptance of Offer to Purchase
i) AusSpecs at its sole discretion reserves the right to reject any offer to purchase without notice or justification. In the event of any such rejection compensation will be limited to a full refund of monies paid .
ii)You cannot cancel an offer to purchase once such offer to purchase has been presented to AusSpecs.
iii)No offer to purchase will be entertained from any individual that has previously made a claim for non-delivery of products.
4. Refusal to Accept Order
If for any reason you refuse to accept delivery of the goods ordered by you AusSpecs reserves the right to claim further costs as may be required to re-deliver the said goods and further advises that no refund or compensation will be offered or forthcoming
5. Multifocal Spectacles.
If spectacle adjustment to suit the face of an individual is required and a cost is incurred for this adjustment such cost is borne by the client.
i) AusSpecs makes no guarantee or warranty that goods purchased from the AusSpecs web site will meet your requirements.
ii) Emails sent to AusSpecs are retained for future reference of the initiating client and to fulfil our legal requirements.
iii) AusSpecs makes no guarantee or warranty as to the availability or price of any advertised product.
iv) The description of merchandise found on the AusSpecs Website is true and accurate to our best ability. You hereby acknowledge and accept that there may be variations to such descriptions and or specification and such variations do not render your purchase invalid.
iv) Australian Spectacle Wholesalers reserves the right to alter, change, delete or add to these Terms and Conditions at any time without notice .
v) In the event that
Australian Spectacle Wholesalers decides to disregard or circumvent any of these Terms and Conditions at it sole discretion you are hereby advised and accept that this does not bind Australian Spectacle Wholesalers to continue to disregard or circumvent these Terms and Conditions in the future and furthermore does not diminish or nullify any other Terms and Conditions contained here in.
vi) To enable AusSpecs to comply with the anit-spam legislation now in force in Australia and other countries you agree to allow AusSpecs to send you emails related to the AusSpecs web site which may from time to time include some promotional material.
AusSpecs will not accept liability (except where the laws of Australia specifically dictate) for
i) AusSpecs expressly disclaims responsibility for the accuracy or adequacy of any information displayed on the AusSpecs web site . We do not accept responsibility for loss suffered as a result of reliance by you upon the
information contained in the AusSpecs web site.
ii) To the extent permissible under the Trade Practice Act 1974 and the laws of the state of Western Australia AusSpecs's limit of liability extends to refund of monies paid or replacement of goods purchased. Any other implied condition or warranty is hereby renounced.
iii)With the exception of personal injury sickness or death AusSpecs does not
accept liability in respect of any loss or damage howsoever suffered or incurred by you or others caused by or in relation to any product supplied through the AusSpecs web site.
8. Use of the AusSpecs Web Site
i)You must ensure that access to the AusSpecs Web Site is not prohibited by any state or commonwealth laws applicable to you.
ii)AusSpecs disclaims any responsibility for any loss or injury physical, mental, monetary or otherwise caused by using the AusSpecs Website and makes no representation as to the security or lack of security of information entered into the AusSpecs web site.
9. Termination of Services
You agree that AusSpecs, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation if AusSpecs believes that you have violated or acted inconsistently with the letter or spirit of the Site or the laws of Australia.You agree that any termination of your access to the Service under any provision of this termination may be effected without prior notice, and acknowledge and agree that AusSpecs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. AusSpecs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, without notice. Further, you agree that AusSpecs shall not be liable to you or any third-party for any termination of your access to the Service or for any discontinuance in providing the service.
These terms and conditions are governed by the laws in force in the State of Western Australia and you agree that any action taken is to be conducted under the jurisdiction of the State of Western Australian.
i) AusSpecs offers a 12 Month warranty from the date of despatch of the goods on manufacturer fault in frame production or customization of the lenses to the supplied optical prescription only.
ii) In the event of a successful warranty claim the extent of the claim is limited to AusSpecs correcting the problem or replacement of the item or refund of monies paid the choice of which is entirely that of AusSpecs.
iii) AusSpecs expressly rejects and will not entertain claims for breakage or scratches to the lens or frames of any eyeglass product sold and furthermore specifically reject any claim for breakage
of Rimless Spectacles due to the fragility of the product. Rimless Spectacles supplied with Polycarbonate lenses are warranted for the stated AusSpecs warranty period and conditions.
iv) Ausspecs expressly rejects and will not entertain claims because the client feels that the supplied glasses do not suit the client or for any other personal preferential reason.
v) Ausspecs expressly rejects and will not entertain claims where the client has ordered and been
supplied a product where the client later finds the product to be not suitable to the client in
respect of size, colour, shape or other discrepancy where the size, colour, shape supplied to the
client is that as was described on the AusSpecs website at the time of purchase..