Website terms and conditions
In these terms and conditions, "we" "us" and "our" refers to QUAY EYEWARE PTY LTD. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
PRODUCT DESCRIPTIONS1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product, many of our lenses are mirror which cannot be replicated 100% on a website.
PRODUCT ORDERS3. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
4. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
5. Packaging and postage is an additional charge, calculated at time of purchase.
6. For change of mind, we're happy to refund your purchase or provide you with a store credit. We will require you to pay the postage back and the re postage fee. Product needs to be unworn, and sent back with all orginal packaging, within 7 days of receiving the goods.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
8. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
9. All risk of loss or damage to the goods passes to you when we despatch the goods.
10. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
We reserve the right to refuse any order placed with us. We reserve the right to limit or cancel quantities purchased per person, per household or per order. Cancellations may include orders placed by the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. If any changes or cancellations are made to your order, we may attempt to contact you via the contact details associated with your order. We reserve the right to limit or cancel orders that, in our sole judgement, appear to be placed by unauthorised resellers or distributors.
PRODUCT RETURNS11. We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated "contact us" webpage where we set out our requirements relating to return of such goods.
12. If we are unable at the time of return to replace or exchange your faulty item, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
SITE ACCESS13. When you visit our website, we give you a limited licence to access and use our information for personal use.
14. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
15. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
16. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
HYPERLINKS17. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
18. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
INTELLECTUAL PROPERTY RIGHTS19. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
20. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
DISCLAIMERS21. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
22. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
23. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS24. Schedule 2 of the Competition and Consumer Act 2010 ("C&C Act") defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
25. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
26. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
LIMITATION OF LIABILITY27. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
INDEMNITY28. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
FORCE MAJEURE29. If a Force Majeure event causing delay continues for more than 45, we may terminate this Agreement by giving at least 7 Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.
JURISDICTION30. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
31. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
32. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
34. As part of our website, we operate text messaging services and may send you text messages. This includes a text messaging service for marketing and cart reminders (“Quay Marketing SMS Service”). If you have opted into the Quay Marketing SMS Service, you will receive promotional marketing messages including cart reminders. If you have opted into another text messaging service offered by Quay, you will receive text messages with updates, alerts, information, etc. We do not charge for these services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
35. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in or if we are otherwise permitted to send you text messages, we may send you text messages with updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) through your wireless provider to the mobile number you provided. Message frequency varies.
36. Visit this link to cancel text messages from the Quay Marketing SMS Service at any time. For support or assistance related to text messages from us sent via the Quay Marketing SMS Service, email email@example.com.
37. If you have subscribed to other mobile message programs from us and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
38. We may modify our text messaging services or any of their features at any time without notice, but will not cancel, or change any short code or telephone number we use to operate our text messaging services until at least thirty (30) have passed since sending you a text message will notify you of these changes.
IF WE HAVE CHANGED A SHORT CODE OR TELEPHONE NUMBER, YOU ACKNOWLEDGE THAT ANY MESSAGES, INCLUDING ANY STOP OR HELP REQUESTS, YOU SEND TO A SHORT CODE OR TELEPHONE NUMBER MORE THAN 30 DAYS AFTER WE SENT YOU A TEXT MESSAGE MAY NOT BE RECEIVED AND WE WILL NOT BE RESPONSIBLE FOR HONORING REQUESTS MADE IN SUCH MESSAGES.
39. The wireless carriers supported by the text messaging services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
40. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE TEXT MESSAGING SERVICES, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT MESSAGING SERVICES.
ORDER CANCELLATION FOR SUSPECTED RESELLER ACTIVITY
We reserve the right to cancel and refund any order that, in our sole discretion, appears to be generated by unauthorized resellers or any other individuals or entities attempting to engage in unauthorized bulk purchases or other fraudulent activities. In the event of such cancellation, we will issue a refund to the original payment method used for the total amount charged, including any packaging and postage charges. We may notify you of the cancellation and the reason for it, but we are not obligated to provide any additional information or engage in further communication regarding the matter. Customers who believe their order was mistakenly canceled due to suspected unauthorized reseller activity or fraudulent sale may contact Quay’s customer support to request further review of the cancellation. If we elect to do so, we will investigate such requests and, if appropriate, may reinstate the order or provide an alternative solution at our discretion.
LIMITED WARRANTY – SUNNIES, PRESCRIPTION GLASSES, BLUE LIGHT GLASSES, AND JEWELRY
What Does this Warranty Cover?
Subject to the requirements, limitations, disclaimers and exclusions set forth in this Limited Warranty, Quay provides a limited guarantee against defects:
- For one year, from the date of purchase as indicated on the purchase receipt or invoice, on sunnies, prescription, and blue light glasses, and
- For 90 days from the date of purchase as indicated on the purchase receipt or invoice, for jewelry.
Quay will offer a repair or replacement (at Quay’s option and where possible) for genuine Quay products exhibiting a manufacturing or material defect during the warranty periods described above.
What Does this Warranty Not Cover?
Glasses (Sunnies and Prescription)
This Limited Warranty does not cover claims or damage caused by the following:
- Scratches (but see below);
- Accidental damage or misuse, as determined in Quay’s discretion;
- Fading or peeling of frames;
- Loss of screws due to neglect; and
- Normal wear and tear.
This Limited Warranty does not cover glasses that were not purchased directly from Quay. For example, purchases made at third party retail stores are not covered under this Limited Warranty. Please contact the retailer directly in relation to any such claims.
Warranty service for scratches on prescription glasses only: Provided you contact Customer Service within 30 days of receipt of your glasses, Quay will provide a replacement for prescription lenses that are scratched upon receipt from Quay, in accordance with the procedure below.
This warranty does not cover claims or damage caused by the following:
- Accidental damage or misuse, as determined in Quay’s discretion;
- Lost components; and
- Normal wear and tear.
How Can You Get Service?
For manufacturing and material defects, contact Quay Customer Service via firstname.lastname@example.org. In the subject line, please include “Warranty” followed by your Order Number. In the email, please provide a description of the issue and a picture of the product, including the damage or defect.
For Australian customers, the business address for warranty claims is:
PO Box 374
FLINDERS LANE VIC 8009
Quay Customer Service will review the request and decide whether this Limited Warranty applies. Quay may ask you to provide further information or photographs to assist us to process your warranty claim or to post the damaged product to Quay. If your product is covered by this Limited Warranty, Quay will provide a replacement product less any applicable costs. If Quay determines it is not covered, we will notify you by email. You are solely responsible for any expenses of claiming the Limited Warranty (if any), unless agreed in writing by Quay at its sole discretion.
In some cases, we may determine that your glasses need to be replaced, but no longer carry the original style of glasses in stock. In these circumstances, we will replace your glasses with a frame of equal or lesser value.
Australian Customers – What are Your Rights under the Australian Consumer Law?
- For Australian consumers, this Limited Warranty is provided in addition to, and should not be read as excluding, restricting, limiting or modifying your rights and remedies under the Australian Consumer Law or any other applicable consumer law in Australia.
- 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.
US Customers - How Will State Law Affect Your Customer’s Rights under this Warranty?
To the extent permitted by law, this warranty is exclusive and in lieu of any other warranty, written or oral, including but not limited to any express warranty of merchantability or fitness for a particular purpose. The duration of any implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, is expressly limited to this warranty period. Your exclusive remedy for breach of this warranty or of any implied warranty or of any other obligation arising by operation of law or otherwise shall be limited as specified herein to repair or replacement, at our sole option. Responsibility for incidental or consequential damages is expressly excluded.
This warranty gives you specific legal rights, and you may have other rights that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Contact email@example.com for more information.
This Limited Warranty is given by:
Quay Eyeware, Inc.]
Last Updated: April 3, 2023