All4Eyes terms and conditions of supply
Any Order and subsequent purchase of Goods (as defined below) or services from All4Eyes shall be governed by the following terms and conditions. Please read them carefully.
These terms and conditions do not affect your statutory rights as a consumer.
“All4Eyes” is the trading name for All 4 Eyes Limited, trading on the internet at www.all4eyes.co.nz. “We” / “Us” / “Our” refers to All4Eyes, “You” / “Yours” refers to the Customer. We are registered on the New Zealand Companies Register:
- Company Number: 3769039
- NZ Business Number: 9429030720145
1. Customer Obligations
By submitting your order to All4Eyes you confirm:
- You are aged 16 or over and are not registered blind or partially sighted;
- You are in possession of a written prescription for your spectacles that has been given to you by a suitably qualified person in the last 24 months (or 12 months if you are aged 70 or over); and
- You will supply accurate details of your current prescription (including any notes on the prescription) when requested.
2. Orders for Goods
Orders to All4Eyes must be submitted either via the web at www.all4eyes.co.nz, or by email by emailing [email protected].
Submission of an Order represents an offer to purchase Goods from All4Eyes, and we may confirm receipt of this offer via email (if the Order is placed via the Site or by email).
Prescription Glasses orders are only accepted by us once your payment has been processed and they have been reviewed and authorised by a Dispensing Optician. In the case of the non prescription goods, your order is accepted once the required payment has been accepted or when the relevant goods are shipped, whichever occurs first. We will confirm acceptance of your Order via email or verbally.
3. Limitations of Supply
We will make a reasonable effort to ensure that all Orders are fulfilled; however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, we will attempt to contact you to give you a choice to receive an alternative or a refund. If we are unable to contact you, your Order will be cancelled and you will be given a full refund.
On the advice of our Dispensing Opticians, we have absolute discretion as to whether or not to accept your Order.
If considered necessary or appropriate before an Order is accepted, All4Eyes' Dispensing Opticians have absolute discretion:
- to in exceptional circumstances arrange a free face to face consultation with customers;
- to request that you send us a copy of your written prescription;
- to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription;
- to request that you obtain your pupillary distance measurement from your optician; or
- request that you obtain a new written prescription from your optician.
4. Prices and Payment
Prices stated are inclusive of any Goods and Services Tax (GST) that may be required to be remitted to tax authorities by All4Eyes.
We will use best endeavours to ensure the accuracy of the prices and price related information stated in our current catalogue and on the Site.
However we cannot guarantee that we will not make a mistake and misprice an item inadvertently. If this is the case, the Dispensing Optician reviewing and authorising your Order will notify you of the error before your payment is processed. You will then have the choice to either accept the correct price or to cancel your Order.
The price you pay is a retail price as appearing in your basket. We do not add tax to any amount shown in your basket.
5. Delivery and Carriage
We will make reasonable endeavours to ensure your Goods are dispatched to you as quickly as possible after placing your order.
You will be notified by email at the time your Goods are dispatched.
Delivery of the Goods will be made to the address provided by you at the time you placed your Order.
If your Goods are not delivered safely within a reasonable number of days of you receiving notification of dispatch, you should contact us. Customers should promptly inspect goods delivered to them to satisfy themselves that any goods delivered to them are as expected.
In the case of non delivery, if either Glasses Direct or our courier is at fault, you will be offered the choice of a full refund or re-delivery.
6. Returns (of Goods)
Please see our returns policy for full details on dealing with returns.
7. Copyright and Trademarks
The Site’s design, names, text, images, graphics, logo are all owned by, or licensed to, All4Eyes. They may not be reproduced for any commercial or public purpose without the expressed consent of All4Eyes.
The "All4Eyes" name or any other registered or unregistered trademarks displayed on the Site may not be used without the prior consent of All4Eyes.
These Terms and Conditions of Sales should be read in conjunction with All4Eyes' Privacy Policy. Your statutory rights are not affected. For more information about your statutory rights, please visit the New Zealand Consumer Affairs website at: http://www.consumeraffairs.govt.nz.
8. Changes to the Terms of Use
All4Eyes reserve the right, at its sole discretion, to change, add to or delete any or all of these Terms of Use at any time without prior notice, and will post these changes on the Site. Your continued use of the Site after such changes have been posted will constitute your acceptance of those changes. Additional Terms of Use - You agree to abide by all additional terms of use displayed in the Site, as they may be updated from time to time. In case of differences or discrepancies between these Terms of Use and the terms governing such specific parts of the Site, the latter shall prevail in respect of your visit to the relevant specific parts of the Site only.
9. No Warranty
All4Eyes is providing the Site and its contents on an "as is" and an "as available" basis, without any representation or warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, merchantability or title in relation to the Site. For the avoidance of doubt, this exclusion does not apply to goods sold via the Site. The content of the Site may contain inaccuracies and typographical errors. All4Eyes tries to ensure, but cannot guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. Any of All4Eyes information or other content contained within the Site is correct to its knowledge, but All4Eyes accepts no responsibility for any errors or omissions therein. All4Eyes reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice. All4Eyes does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. All4Eyes does not assume any responsibility or risk for your use of the Internet.
10. Third Party Sites and Convenience
As a convenience to you, All4Eyes may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ("Third Party Content"). If you use these sites, you will leave the Site. If you decide to visit any linked site or decide to use any of the Third Party Content, you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. All4Eyes is not a publisher of any such content. Such Third Party Content and all information contained on the linked sites contain the views, opinions, statements, offers, and other material of the respective users, participants or authors. All4Eyes makes no warranty or representation regarding, and does not endorse, any linked sites, any Third Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that All4Eyes, or any of the Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trade mark, trade name, logo, or copyright symbol of All4Eyes or any of its affiliates or subsidiaries.
11. Information you submit to the Site
All information All4Eyes asks you to submit to the Site will be treated in accordance with the Privacy & Cookie Policy. Please note, All4Eyes will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that All4eyes have obtained through your use of the Site. All information you submit to the Site, whether solicited or unsolicited will not be regarded as confidential.
12. Limitation of Liability
To the fullest extent permitted by law, All4Eyes, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise. Nothing in these Terms of Use shall prevent you from claiming for loss suffered pursuant to contracts between you and All4Eyes for sale of goods in accordance with the Terms and Conditions of Supply.
13. Changes to the Site
All4Eyes may terminate, change, suspend or discontinue any aspect of the Site at any time. All4Eyes may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. All4Eyes reserve the right to terminate your secure log-in and suspend your access to secure areas of the Site upon becoming aware that you have breached these Terms of Use.
14. No Waiver
No waiver by All4Eyes of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by All4Eyes of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
15. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand. The courts of New Zealand are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.
16. Severability
If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms of Use are intended to be effective, then to the extent that, and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.