Terms & Conditions
Thank you for visiting NetOptical.com.au. NetOptical.com.au is an online retail store and information site for contact lenses and related products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses and related products 24 hours a day, 7 days a week.
The NetOptical.com.au store offers a large selection of contact lenses and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. NetOptical.com.au wants each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein.
We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
VALID PRESCRIPTION REQUIRED
By placing your order with us you certify that you have a valid prescription (a prescription from a registered optometrist or eye care provider that is not older than 24 months) for the contact lenses that you are ordering. You represent and warrant to NetOptical.com.au by placing an order that the information you enter into the Site is valid and true and matches exactly your prescription as provided by your eyecare provider. You further certify that you will renew your prescription in strict accordance with your eyecare provider's suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eyecare provider, if necessary, to verify your prescription information and any other necessary information.
If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement prior to submitting your order. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account at NetOptical.com.au or purchasing any products therein.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", "us", "our" "Net Optical" “Net Optical Australia” refer to Net Optical (Aust.) Pty Ltd., its employees, members, representatives, officers, directors, agents, successors and assigns. The "Website" refers to NetOptical.com.au.
1. Changes to Account Agreement
We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the website, or send them to you via e-mail or postal mail. If any of these rules or any future changes are unacceptable to you, you may terminate your account by sending an email to [email protected]. Your continued use of the Website and/or account now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.
3. Prices/Fees and Payments
You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorisation, you must contact us immediately.
4. Order Changes/Cancellations
You must not assume a cancellation or change of ANY order you have made with NetOptical.com.au has been effected until you receive a confirmation from us, via email or the Website. You will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
5. Representation as to Capacity to Enter into Agreement
You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
6. Order Confirmations, Statements, Notices and Other Communications
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the Website, or by all other electronic means, all order confirmations, statements of referral balances, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the website. In all cases, we, reserve the right to determine the validity of your objection to the transaction. Such notices, information and other communications from us shall be deemed to be delivered and available to you whether actually received by you or not.
You agree that we, fulfill our legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Website, or in the form of an available download from the Website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by us, you will promptly advise us in order to allow us to make the required delivery by other means. Failure to advise us, of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open said document.
7. Responsibilities and Limitations of Liabilities
You represent that you will be the sole and exclusive authorised user of your password associated with your NetOptical.com.au account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify us in writing, delivered via e-mail, if you become aware of any loss, theft or unauthorised use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history. If you fail to notify us immediately upon your knowledge when any of the above conditions occur, neither we, nor any of our officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order.
Under no circumstances, including negligence, shall we or anyone involved in creating, producing, delivering or managing NetOptical.com.au services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, the services provided by us or out of any breach of any warranty by us. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, our liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The use and storage of any information, including, without limitation, the password, transaction activity, referral balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the website or related services, and for all communications service fees and charges incurred by you in accessing the website or related services.
"NetOptical.com.au" and other marks indicated on our site are controlled by Net Optical (Aust.) Pty Ltd. These trademarks and trade dress may not be used in connection with any product or service that is not of Net Optical (Aust.) Pty Ltd., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Net Optical (Aust.) Pty Ltd. All other trademarks not owned or controlled by Net Optical, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NetOptical.com.au.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property. The compilation of all content on this site is our exclusive property and is protected by international copyright laws. All software used on this site is our property and protected by international copyright laws.
10. Limitations, Restrictions and Termination of NetOptical.com.au Services
You are authorised to use products or materials which are sold or made available by NetOptical.com.au services for your own needs only, and you are not authorised to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
You understand that we may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Website or related services or your ability to purchase products on the Website. We may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with us at any time for any reason. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.
11. Risk of Loss/Warranties/Returns
All items purchased from us 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. The merchandise offered for sale on the website is manufactured by third parties and to the full extent permissible by law, we disclaim all representations and warranties therein. Further, all sales are final and items can be returned to us only pursuant to the Return Policy located in point 12 of these terms. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.
12. Returns Policy
For 365 days after your purchase you can return your lenses to us for a full refund. Your full lens order needs to be returned to us unused, undamaged and in the original packaging. Contact us so we can supply you with our reply paid postage details. Within 5 business days of receiving and checking your returned product, we’ll process your product refund using the same payment method used for the purchase. The refund will exclude any delivery charges you paid to receive the order. And if you’d like new or replacement lenses, you can place a new order with us so we can get them to you as soon as we can. There are no exchanges.
13. Monitoring and Recording Telephone Conversations and E-Mail
For your and our protection and as a tool to correct misunderstandings, you understand, agree and authorize us at our discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and us and any of our employees or agents and to monitor your electronic communications with us.
14. Legally Binding
You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
15. Extraordinary Events/Technical Difficulties
You specifically agree to hold us harmless from any and all claims, and agree that we shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorised access, theft, or any problem, technological or otherwise, that might prevent you from entering or us from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact us immediately with any discrepancies.
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorised officer of Net Optical (Aust.) Pty Ltd.
17. Amendments; Entire Agreement.
You understand that access to and your use of your account constitutes your consent to and agreement to abide by the terms and conditions of this Account Agreement. We may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the website. Continued use of NetOptical.com.au after such changes will constitute acknowledgment and acceptance of such amendment.
This Agreement represents the entire agreement between you and us concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the website, and by your use of the website and associated services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorised officer of Net Optical (Aust.) Pty Ltd.
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
19. Headings are Descriptive
The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
20. Electronic Communications
When you place a contact lens order with us you consent to receive (electronic communications) e-mails from us. We will communicate with you electronically by e-mail or by posting notices on this site. You agree that all/any communications between you the customer, and us will be for lawful purposes only.
21. Your Obligations and Conduct
You, agree to use the Website for lawful purposes only. All information provided by you, to us must be true, current and complete. Should we have reasonable grounds to suspect that all/any information provided by you the customer, is untrue, not current or incomplete we reserve the right to report such misconduct to local, national and international law authorities.
22. Links to Third Party Sites
We may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.