Terms and Conditions
Thank you for visiting Dannell and Gollop Optometrists web site, Western Australias' leading online retail store and information site for eyeglasses and sunglasses and related products. We offer a large selection of glasses and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we know what to expect from each other.
These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy (below) to understand our privacy related practices.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
VALID PRESCRIPTION REQUIRED
You hereby certify that you have a valid prescription for the contact lenses that you are ordering. You represent and warrant by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider's suggested regime. You understand that Dannell and Gollop Optometrists will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, if necessary, to verify your prescription information and any other necessary information.
COLOR AND PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
DELIVERY
Deliveries will be as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.
COOLING-OFF PERIOD
No return no exchange policy for contact lenses.
EYEGLASSES POLICY Shipping and Payment
When you place your order, you can choose your shipping method. We offer free shipping for Perth City area only. Priority shipping can take up to approximately 10 business days. If you need your glasses faster, choose express mail to receive your shipment in approximately 5 business days.
Payments can be made online or by phone or mail by credit card, check or money order at the time you place your order.
No Risk Return Policy
Our 100% Satisfaction Guarantee means that you can trust Dannell and Gollop Optometrists to deliver high quality, brand name eyeglasses to you at affordable prices. Our no-risk return policy means that you can order glasses, try them on, and, if you're not satisfied, return them, together with the complimentary accessories shipped to you, within 30 days of the date of delivery for an exchange or full refund. If you'd like to return your eyeglasses, simply call our professional Customer Care representatives.
We are currently unable to accept returns of eyeglasses if the eyeglasses or their complimentary accessories are not in their original merchantable condition, or if the eyeglasses or their complimentary accessories are returned more than 30 days after the date of delivery.
for further instructions. In the case of defective lenses, please contact us immediately. If lenses are deemed by the manufacturer to be defective, we will issue you a refund.
PRESCRIPTION
When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that spectacle and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your spectacles and not for your contact lenses.
TRADEMARKS
Dannell and Gollop Optometrists and other graphics, logos, and service names used on the Site by Dannell and Gollop Optometrists are the trademarks of Dannell and Gollop Optometrists. Trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Dannell and Gollop Optometrists. All other brands and names (including third-party product names) are the property of their respective owners.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
PRIVACY POLICY
We respect the personal privacy of all users of the Site and will at all times seek to comply privacy laws. The personal data we collect about our users shall be carefully and adequately processed. To process your order we will ask you for personal data when you register for a purchase (this will include your name, date of birth, e-mail and postal addresses and details of any prescription supplied to you by your optician or medical practitioner). You will need to give your consent before any processing takes place and your personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. We are committed to maintaining the highest standards of personal data protection and will not collect information about you without your consent.
By providing your email address in conjunction with a purchase transaction you authorize Dannell and Gollop Optometrists to communicate with you by email regarding this purchase transaction. This authorization applies regardless of whether the purchase transaction is finalized.
DISCLAIMER OF WARRANTY
THE CONTENT (AS DEFINED BELOW) CONTAINED IN THIS SITE IS PROVIDED BY DANNELL AND GOLLOP OPTOMETRISTS AS A SERVICE TO ITS CUSTOMERS. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THIS SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO YOUR EYECARE NEEDS. THE INFORMATION PROVIDED IN THIS SITE IS ONLY GENERAL HEALTH INFORMATION, AND IS INTENDED ONLY TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR PROFESSIONAL EYECARE PROVIDER. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR PROFESSIONAL EYECARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, EYEGLASSES123.COM DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
OUR MEDICAL ADVISORS, CONSULTANTS, AND STAFF EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, DANNELL AND GOLLOP OPTOMETRISTS IS A DISTRIBUTOR AND NOT A PUBLISHER. DANNELL AND GOLLOP OPTOMETRISTS HAS NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF DANNELL AND GOLLOP OPTOMETRISTS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY EYEGLASSES123.COM. EYEGLASSES123.COM DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR IS WITHOUT DEFECT OR ERROR.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
GENERAL INFORMATION
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
- You agree to pay any outstanding balance on your account in full within fifteen (15) days of the date of your invoice. If we do not receive payment of the full amount of the outstanding balance on your account within fifteen (15) days of the date on your invoice, a late payment charge of 18.9% per annum will be automatically added to your account and will immediately become due and payable. Any such interest owing shall be calculated from the invoice date.
- Unless you notify us of any discrepancies on your invoice within ten (10) days after the date of your invoice, the invoice will be deemed accepted by you. Undisputed portions of your invoice must be paid by the date they are due to avoid the late payment charge.
- We reserve the right to suspend or terminate your access to and use of the Site and/or the granting of credit to you at any time in our sole discretion.
- We may charge an administration fee of $25 to your account if your payment is not honored by your bank or other financial institution for "non sufficient funds" or for any other reason.
- You hereby authorize us to obtain consumer, credit and personal reports concerning you from any consumer, credit or personal reporting agencies, any of their affiliates, any credit grantor or any other source. Any information obtained concerning your credit history and any information regarding your account may be provided to any credit grantors or any consumer, credit or personal reporting agencies, and may be used to maintain, administer or collect on your account.
- You hereby authorize us, at our sole discretion, to charge the amount of any overdue invoice(s) to your credit card or other method of payment that you may have provided to us at any time for any reason without first providing advance notice to you.
- You authorize us to collect, use and disclose personal information about you for the following purposes: (a) to establish and maintain a responsible commercial relationship with you and to provide you with ongoing services; (b) to understand your needs and preferences; (c) to develop, enhance, market or provide products and services to you; (d) to obtain payment from you for debts owing; (e) to manage and develop our business and operations; and (f) to meet legal and regulatory requirements. Unless required by law, we shall not collect or use for any new purpose your personal information without first identifying and documenting the new purpose and obtaining your consent.
- We collect personal information primarily from our customers who visit our website. We may also collect personal information from other sources including but not limited to credit bureaus or other third parties who represent that they have the right to disclose such information to us.
- Personal information which we may collect typically includes your name, phone number, email address, social insurance number, driver's license number, credit card information, credit history, payment and banking information, details of communications between you and us, internet user names, activity reports, passwords and personnel identification numbers.
- We may disclose your personal information to: (a) a company or individual retained by us to perform functions on our behalf, such as research and data processing; (b) another company or person for the development, enhancement, marketing or provision of any of our products or services; (c) credit grantors and reporting agencies; (d) an agent used by us to evaluate a your credit worthiness or to collect your account; (e) a person who in our reasonable judgment is seeking the information as your agent; and (f) any person, company or government agency as required or permitted under applicable law.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Thank you for visiting Dannell and Gollop Optometrists
