Terms of Use

This website is owned and operated by Focalise Eyewear (ABN 22 900 534 434)

Use of this Website is subject to the Terms of Use.

Focalise Eyewear is not liable to you or any other for any loss in connection with the use of this Website or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: Focalise Eyewear reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer

We are not liable to you or anyone else for any loss in connection with use of this Website or a Linked Website.
This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

SPECIFIC WARNINGS AND DISCLAIMERS

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Focalise Eyewear) will Focalise Eyewear be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website.

In the Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by Focalise Eyewear and Focalise Eyewear may terminate this agreement and your access to the Website at any time without notice. In the event of termination you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

GENERAL

You may have other rights granted by law including your statutory rights as a consumer, and the Terms of Use do not affect those rights.

No binding contract will exist between us until we have accepted your order. Except as described below, you may not cancel any order which has been accepted by us.

All goods are sold subject to availability.

The Terms of Use supersede all previous verbal or written statements and agreements relating to the goods and/or services. All information contained in our sales literature or correspondence is provided for guidance only and does not form part of this contract, unless we agree otherwise with you in writing.

None of our representatives, agents or sales persons have authority to vary, amend or waive any of the Terms of Use on our behalf and no amendment or addition to any of the Terms of Use shall be deemed to have been accepted unless we agree otherwise with you in writing.

DESCRIPTION OF GOODS AND SERVICES

A description of the goods is set out in our catalogue and on our Website and any other documents referred to in our catalogue and on our Website. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there might 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.

When ordering, you must provide us with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must has been given to you by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him or her within the last 2 years.

We will rely upon the prescription provided by you and the goods provided will contain lenses matching the prescription that you submitted.

If you are unsure of the relevant prescription to be applied to the goods, please consult a registered medical practitioner or registered ophthalmic optician before placing an order.

Unless you state otherwise, we use an appropriate average pupillary distance 'PD' to complete your order. This PD measurement has been provided by qualified dispensing opticians. By agreeing to these terms and conditions, and unless you state otherwise, you will be agreeing to let us use an average PD of 63mm for bifocal and single vision distance lenses, or a PD of 60mm for single vision reading lenses. Focalise Eyewear recommend that you consult your optician to obtain your PD before ordering, and provide that number to us when ordering.

You must be over the age of 18 to order from Focalise Eyewear, and you must not be registered blind, or partially sighted, or ordering on behalf of someone under 18 years of age.

We will not fulfil orders for lenses of 8 dioptres and over. You must not attempt to place an order of this kind. For varifocal lenses we will not fulfil orders for lenses of over +/- 6 spherical and +/- 2 cylindrical values.

We will not fulfil orders for lenses where the sphere value added to the cylindrical value equals 8 dioptres and over. You must not attempt to place an order of this kind.

DELIVERY

Unless agreed otherwise in writing:

delivery of the goods will take place at the delivery address stated on the order form;
delivery of the goods must be to an Australian address; and
delivery of the goods will take place within 28 days.

Any dates specified by us for delivery of goods are intended to be an estimate and time for delivery is not guaranteed. If no dates are specified, we will endeavour to deliver within a reasonable time.

If for any reason (not due to our fault) you do not accept delivery of any of the goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).

Prices exclude delivery.

INSPECTION OF GOODS

Upon delivery of the goods you should carefully inspect them. If any of the goods are damaged or lost, please contact us to inform us of the problem and do not use the goods.

Each of the goods will contain written confirmation of the prescription of the goods. If the prescription stated does not match the prescription ordered, please contact us to inform us of the problem and do not use the goods.

PRICE

The price for the goods will be the price stated in our catalogue or on our Website.

The price for the goods includes any GST payable.

PAYMENT

Unless we agree otherwise in writing, you must pay to us the price for the goods when placing your order.

Payments to us must be made in Australian Dollars.

YOUR RIGHTS TO CANCEL THIS CONTRACT

If this contract has been made between us by telephone or correspondence (including e-mail) without any face to face contact having occurred between us, then you will have a 7 day period from the date when the order is placed in which to cancel this contract. This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).

RESPONSIBILITY FOR AND OWNERSHIP OF GOODS

You will be liable for any loss or damage to the goods from the time of delivery unless such loss or damage is caused by our negligence.

RESALE OF GOODS

Goods are sold on the condition that they are not resold to the public.

RECORDING OF TELEPHONE CALLS

We may record any telephone calls that you make to our customer helpline.

LIMITATION OF OUR LIABILITY TO YOU

The Terms of Use set out the rights and obligations that apply where we supply goods to you.

Please read them carefully before you place your order as you will be bound by the Terms of Use if we accept your order. If you have any queries regarding Terms of Use (or the order form) please raise them with us as soon as possible and in any event before you place your order.

IF YOU HAVE DIFFICULTY READING THIS PAGE, YOU MUST CONTACT US BEFORE YOU PLACE YOUR ORDER

IMPORTANT - YOUR PARTICULAR ATTENTION IS DRAWN TO THIS PARAGRAPH

Nothing in the Terms of Use excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.

Our maximum liability (and that of our employees, agents and subcontractors) to you in connection with any physical damage caused to your property through the negligence of us (or our employees, agents and subcontractors) will not in any circumstances exceed $1,000.

In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.

In no circumstances will we (or our employees, agents or subcontractors) be liable to you for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated savings.

OUR RESPONSIBILITIES

We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances outside of our reasonable control. In particular we will not be responsible for delays caused by our suppliers.

CONTRACT PERSONAL TO YOU (YOUR LIMITED RIGHT TO TRANSFER THE CONTRACT)

This contract is personal to you. Nobody other than you will be able to benefit from this contract. You may not transfer your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.

OUR RIGHT TO TRANSFER THE CONTRACT

We may assign or subcontract the contract or any part of the contract to any person, firm or company.

OUR PERSONAL DATA

We will ensure that our employees, agents and sub-contractors shall, at all times, comply with the provisions of the Privacy Act 1998 in relation to data received from you in relation to this contract and shall only process personal data received from you where necessary to fulfil our obligations under this contract.

USE OF COOKIES

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.

When you visit our Website we send you a cookie. Cookies may be used in the following ways:

To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly; and
To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.

Two types of cookies may be used on this website, -session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

COMMUNICATIONS

Any communications between us regarding this contract that are required to be in writing must be sent by first class post, facsimile or delivered by hand. Any written communication will be treated as having been served on the person receiving it 3 working days after posting (if sent by first class post), at the time of transmission (if sent by facsimile and a satisfactory transmission report is obtained) and at the time of delivery (if delivered by hand).

COPYRIGHT

This Website is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or

Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

LINKED WEB SITES

This Website may contain links to Linked Web Sites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Web Sites are not under the control of Focalise Eyewear and Focalise Eyewear is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

TRADE MARKS

The Focalise Eyewear trade mark and other Focalise Eyewear products and services referred to in this Website are trade marks of Focalise Eyewear.

Other product and company names mentioned in this Website may be the trade marks of other people or entities (see acknowledgments below).

Nothing contained in the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Website without the express written permission of Focalise Eyewear or a third party owner.

TRADE MARK ACKNOWLEDGMENTS

Certain of the brand names and logos used on this website are Australian registered trade marks or trade marks of their respective brand owner. Such brand names and logos are used on this website for the sole purpose of designating the origin of the frames concerned.

Focalise Eyewear Limited acknowledges the following Australian registered trade marks as used on this website:

Esprit is an Australian registered trade mark of Esprit International Inc
Hugo Boss is an Australian registered trade mark of Hugo Boss Trade Mark Management GmbH & Co KG
Escada is an Australian registered trade mark of Escada AG
Elle is an Australian registered trade mark of Hachette Filipacchi Presse
Lacoste is an Australian registered trade mark of Lacoste SA
Charmant is an Australian registered trade mark of Charmant Inc

Focalise Eyewear has no links to Esprit International Inc or any of its legal related entities, Hugo Boss Trade Mark Management GmbH & Co KG or any of its legal related entities, Escada AG or any of its legal related entities, Hachette Filipacchi Presse or any of its legal related entities, Lacoste SA or any of its legal related entities and Charmant Inc or any of its legal related entities.

GENERAL

In these Terms of Use:

"Focalise Eyewear" means Focalise Eyewear ABN 22 900 534 434 and its subsidiaries unless otherwise specified.

"Linked Web Sites" means web sites of persons or entities other than Focalise Eyewear which are hyperlinked from this Website.

"Personal Information" means any information from which your identity is apparent or can be reasonably be ascertained.

"Website" means the whole or any part of the web pages located at www.focalise.com.au, www.focalize.com.au or www.focaleyes.com.au (including the lay-out of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Website.)

"We" and "us" refer to Focalise Eyewear and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from Focalise Eyewear’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Focalise Eyewear with respect to that use.

Want to know more? See our Frequently Asked Questions page.