Eye Tests
TERMS OF USE
General
1. These terms of use apply to the use of this Website.
2. By using this Website you represent and warrant that you have read, understood and agreed to be bound by these terms of use.
3. To the maximum extent permitted by law (and except where expressly set out otherwise) we make no representations or warranties of any kind whatsoever, express or implied, in relation to any information, content, materials or products included in this Website or to the availability, functionality or performance of the Website.
4. In these terms of use:
a. “Luxottica”, “us”, “we”, and “our” means Luxottica Retail Australia Pty Limited (ACN: 000 025 758) and in New Zealand is the trading name of Luxottica Retail New Zealand Limited (Company Number 636829).
b. “Website” means this website.
c. “you” and “your” refers to anyone who visits and/or uses this Website.
Contact
5. If you have any questions regarding these terms of use, please contact us at: Email: customer.care@luxottica.com.au
The information you provide
6. We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. You can access the our Privacy Policy here.
7. We undertake to deal with any of your personal information that we collect as a consequence of your use of the Website in accordance with, and to otherwise comply with, the terms of our Privacy Policy.
Reliance and use
8. Except for any liability that cannot be excluded by law, we (including our directors, officers, employees and agents) exclude all liability (without limitation, whether for breach of these terms of use or another contract, tort (including negligence), statute, in equity or otherwise at common law or on any other basis), for any liability, personal injury, loss or damage (including loss of opportunity) of any kind whatsoever howsoever occurring, whether direct, indirect, special or consequential, arising in any way out of these terms of use, the use of this Website and/or any information or material accessible from it.
9. All information provided by us on this Website or in respect of any products is provided for use as general information and is not in the nature of advice. You should make your own independent inquiries and assessments with respect to any information you obtain from this Website.
10. To the maximum extent permitted by law, we do not make any representations or warranties with respect to this Website, including, without limitation:
a. That any information on this Website is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose
b. With respect to the availability, functionality or performance of this Website; and
c. With respect to the non-infringement of any third party intellectual property rights.
11. We are not liable for any direct loss, indirect loss or consequential loss resulting from any action taken or reliance made by you on any information, content or material on this Website or your use of this Website.
12. Your use of any materials or information provided on this Website is entirely at your own risk. We assume no duty of care to you with respect to this Website.
Indemnity
13. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms of use or the use of this Website, any information that you provide via this Website or any damage that you may cause to this Website.
Copyright
14. Images of people, places and/or products posted on this Website are either our property of or are used herein with our express permission.
15. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips, written material and other materials, is our property or of our suppliers, partners, or affiliates and is protected by Australian and international copyright laws.
16. The compilation of this Website is our exclusive property and is protected by Australian and international copyright laws.
17. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.
18. Any use of the materials or content on this Website can be made only with our prior written and express authorisation.
19. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact us by using the contact details provided in clause 5 of these terms of use. Please note that we reserve all of our rights in this regard.
Trademarks
20. All trademarks, trade dress and service marks and their respective designs and/or logos on this Website are trademarks or registered trademarks of Luxottica or its related companies.
21. The trademarks, trade dress and service marks of Luxottica and its related company may not be copied, imitated or used, in whole or in part, without prior written permission.
22. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Luxottica, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Luxottica.
23. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners.
24. You may not use any trademarks, trade dress, service marks or intellectual property of Luxottica or its related companies, nor may you place any meta tags or any other "hidden text" utilizing the name of Luxottica or its related companies, trademarks, or product names without our express written consent.
License and Site Access
25. We grant you a limited license to make personal use only of this Website. Such grant does not include, without limitation:
a. any resale or commercial use of this Website or any of the contents of this Website
b. modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser;
c. copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
d. the collection and use of any product listings or descriptions;
e. making derivative uses of the Website and any of the contents of the Website; or
f. use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of this Website or to collect any information from this Website or any other user of this Website.
System Security
26. You must not and you must not permit any other person to:
a. violate or attempt to violate any aspect of the security of the Website
b. modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
27. You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include
a. accessing data unlawfully or without consent;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
c. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Hyperlinks
28. Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense. We accept no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of third party websites.
Children
29. This Website is designed for and intended for use by adults. If you are under 16, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this website by children, minors and others under your care. You agree to be responsible for their use of this Website.
Change of terms and termination
30. These terms of use may be amended by us at any time by publishing the changes on this Website. The terms and conditions as amended shall apply upon being published.
General
31. Notwithstanding any of these terms of use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these terms of use will still apply.
32. By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Luxottica or its related companies. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these terms of use shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Luxottica or any of its related companies.
33. These terms of use constitute the entire agreement between you and Luxottica with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
34. The rights provided in these terms of use are cumulative and not exclusive of any other rights available in any other instrument or at law. These terms of use are in addition to and are not prejudiced by or merged in any right a party now has or may have.
35. If any of these terms of use are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms of use.
36. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.
37. Luxottica is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site. Luxottica reserves the right not to honour any incorrect offers represented on the site made by genuine human or system error. Where your order is affected by an error on the site (for example, in a description, an image, price or otherwise), Luxottica will reject that part of the order affected by the error. You will be refunded the value of that part of the order affected by the error and Luxottica will fulfil the remainder of your order. If you are not satisfied with partial fulfilment of your order, you can return your order in accordance with the returns policy.
Contact lens 12 month manufacturers warranty terms & conditions
38. The benefits given to you under our express warranty are in addition to other rights and remedies you have under the Australian Consumer Law and other laws. That is, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
39. Our express warranty is provided by Luxottica Retail Australia Pty Ltd (ACN 000 025 758) Level 34-36, 1 Denison Street North Sydney NSW 2060 ph: 1800 626 300.
No professional medical advice
40. Any information provided on the Website, or by any of our employees or Customer Care agents, by telephone, email, letter or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice.
41. Always seek the guidance of a medical professional or optometrist with any questions you may have regarding your health and/or optical needs.
42. The receipt of questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
Health Fund Claims
43. Tax invoices for Health Fund claims will be issued where there are valid optical items, a valid prescription and once the order has been shipped.
44. Non-prescription items such as sunglasses and contact lens accessories, cannot be claimed with your health fund and Luxottica cannot adjust your tax invoice to allow this.
45. Tax invoices for Health Fund claims are required by law to state the name of the person wearing the prescribed item and Luxottica cannot adjust your tax invoice to reflect another person's name.
Returns Policy
46. It’s important to us that you love your new glasses and are confident that you’ve made the right choice. So, if you change your mind and decide they’re not quite right for you, return them within 30 days of purchase and we’ll give you your money back. This Returns Policy is given in addition to other rights and remedies you have under Australian and New Zealand Consumer Law.