TERMS AND CONDITIONS FOR BUYING CONTACT LENSES AND JUST BROWSING
Welcome to Total Contacts.
In these terms, we also refer to Total Contacts as our, we, or us.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.totalcontacts.com.au and any other websites we operate with the same domain name and a different extension (Website).
These terms also apply when you buy contact lenses, contact lens solutions or any other products through this Website (Products).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- PART A: Terms for when you buy Products (applies when you buy)
- PART B: Terms for when you browse and interact with this Website (applies when you browse)
- PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms. Please do not use this Website or buy any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or buy Products. You can check the date at the top of this page to see when we last updated these terms.
FOR WHEN YOU BUY CONTACT LENSES…
1. PLACING AN ORDER
(a) By placing an order to buy Products using the Website’s functionality (Order) you acknowledge and agree that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Placing an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.
a) You may place an Order as a guest, or you may register for an account (Account) and place an Order with your Account.
(b) When you register for an Account, you agree to provide honest, accurate, up-to-date and complete information.
(c) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account including your password; and
(ii) any activities that occur through your Account including the submission of any Orders, whether those activities have been authorised by you or not.
(d) You agree to notify us if you detect any unusual activity on your Account as soon as you become aware of it.
(a) You will be required to provide a contact lens prescription before you can place an Order for contact lenses unless, you are a current patient of Total Eyecare Optometrists.
(b) By placing an Order, you warrant that:
(i) you have a valid, unexpired prescription for the Products you are buying from a registered optometrist; and
(ii) you are buying the Products for yourself and you are the person named on the prescription or if you are not buying the Products for yourself, then you are buying the Products for the person named on the prescription.
(c) Please ensure that the prescription information you provide for your Products exactly matches your prescription. We exclude any liability to any person for any loss or damage of any kind, including personal injury arising from, in connection with or relating in anyway to incorrect prescription information being provided.
(d) Please follow your optometrist’s advice with regards to contact lens care, wearing schedule and what to do in the event of any complications. If you experience any eye pain, redness or sensitivity to light with your Products, stop wearing them immediately and contact an optometrist.
(a) All prices are:
(i) per item (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Not all Products sold attract GST. Prices only include GST if applicable.
(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products (including for example, Stripe and PayPal). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) If we discover an error or inaccuracy in the price at which your Order was bought (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of buying your Order at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) Afterpay is a payment option which allows you to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information. Afterpay’s terms and conditions can be found here. Afterpay may be selected as a payment method at checkout.
(b) (Returns with Afterpay) Our returns process as set out in clause 8 will apply for Afterpay returns. Please ensure to continue paying any Afterpay instalments even after you have returned your Products. Remaining instalments will only be cancelled once the return has been processed. For partial returns, Afterpay will adjust your remaining instalment amounts.
6. DISCOUNT CODES
(a) We may provide promotional codes offering a discount on Products (Discount Code). Discount Codes must be used at the time of placing an Order.
(b) You agree that Discount Codes:
(i) may not be applied retrospectively to an Order;
(ii) are non-transferrable;
(iii) cannot be redeemed for cash or store credit; and
(iv) may be subject to additional terms and conditions.
7. DELIVERY AND SHIPPING
(a) (Title and Risk) Until the price of your Products are paid in full, title in those Products are retained by us. Risk in your Products will pass to you on delivery of your Products to the third party carrier. You must not refuse delivery.
(b) (Delivery Details) Delivery is to the delivery point specifically accepted by us. We will deliver your Order to you in accordance with the shipping information set out on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of your Products to you. Any problems with delivery should be directed to the third party courier in the first instance. We will use reasonable efforts to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not guarantee that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
8. CHANGES TO YOUR ORDER AND RETURNS
(a) (Cancellation by us) We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been made, the full amount will be credited back to your original method of payment.
(b) (Cancellation by you) You may cancel your Order up to the time that we confirm your Order by email. Once we confirm your Order, your Order is binding and cannot be changed by you. However, we offer change of mind returns and returns for faulty Products.
(c) (Change of mind returns) We offer change of mind refunds or exchanges within 30 days of buy provided that your Products:
(i) are still in its original and saleable condition and packaging, unopened and unmarked;
(ii) has not been worn or used and is not expired; and
(iii) was bought at full price. To refund or exchange your order, please contact us using the details provided on our Website and follow the instructions provide. You may be required to pay for shipping your Products back to us.
(d) (Faulty Products) The following process applies to any Products you believe to be faulty.
(i) If you believe your Products are faulty, please contact us using the details provided on our Website with a full description of the fault (including images). We reserve the right to further inspection before deeming Products faulty.
(ii) If we determine in our reasonable opinion that your Products are not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return request.
(iii) If we determine that your Products are faulty, at your choice, you will be credited the full amount paid (including reasonable shipping costs) or your Products can be replaced for the same Products. You must return the faulty Products to us if requested (subject to us paying reasonable shipping costs). All refunds will be credited back to your original method of payment.
(iv) If you fail to comply with the provisions of this clause 8(d) in respect of a faulty Products, we may, in our discretion, issue only a partial refund or no refund in respect of the faulty Products.
(e) It may take some time for you to become used to your new Products. If you are experiencing any irritation or limitations to vision, please contact your optometrist. Otherwise, if you believe your Product is faulty, please contact us using the details provided on our Website.
(f) Nothing in this clause 5 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
(a) You may be provided an opportunity to provide feedback about us (Review) on the Website.
(b) You must provide true, fair and accurate information in your Review.
(c) You may only provide a Review for your own experience. You are not permitted to provide a provide a Review on behalf of any other person.
(d) We reserve the right to remove or delete any Review for any reason.
FOR WHEN YOU BROWSE THIS WEBSITE…
10. ACCESS AND USE OF THE WEBSITE
You agree to only use the Website in accordance with these terms and any applicable laws.
11. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;
(b) use the Website for any purpose other than the purposes of browsing or buying Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or placing a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
12. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided including in relation to any Products through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Products descriptions, prices and other Website Content (as defined below).
13. INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings and pricing) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
14. THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
15. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
16. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contact details or form provided on our Website.
LIABILITY AND OTHER LEGAL TERMS…
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind (including personal injury), however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection with or relating in any way to this Website, these terms or any Products or services provided by us to $100 AUD.
(b) Claims for loss of or damage to Products in transit must be made against the third party carrier.
(c) Products sold by us, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and any services provided by us are, to the maximum extent permitted by applicable law, excluded.
(a) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(b) (Indemnity) You indemnify us, our employees and agents from and against all liability for loss, damage or injury which is or may be suffered by any person arising from, in connection with or relating in any way with your or your representatives’
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by us.
(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising from, in connection with or relating in any way with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
(a) (Governing law and jurisdiction) These terms are governed by the law applying in Tasmania, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Tasmania, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(b) (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(c) (Severance) Any provision of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
(d) (Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(e) (Assignment) You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.
(f) (Costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
(g) (Entire Agreement) These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (currency) a reference to $; or “dollar” is to Australian currency;
(iii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iv) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(v) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(vi) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vii) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(viii) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(ix) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(x) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(xi) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms (Email Address).
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
L.R Baumwol & A.J Koch & A.G Maver & B.A Reid & W Robertson
trading as Total Contacts
ABN 52 840 722 144
Last updated December 2020