Specsavers legal policies can be found here, including terms and conditions, privacy statement, registered trademarks and more.
We respect your personal information and your privacy is important to us. Specsavers is committed to maintaining the highest standards to protect your personal information.
Operation of our Policy
We comply with the law
What person information does Specsavers hold?
The personal information that Specsavers may collect and hold includes (but is not limited to):
- full name
- contact details (mailing address, street address, email address, phone number and/or facsimile number)
- date of birth
- your lifestyle, occupation and hobbies
- health fund details
- your employer
- details of the services or products you have purchased or enquired about (including any additional information necessary to deliver the product or provide you with the service and respond to your enquiries, including but not limited to your prescription details and medical history).
For Specsavers employees, personal information is collected for employment purposes at the time of appointment and during employment, including CVs, payroll information, performance agreements, and records of any disciplinary process.
For certain services, Specsavers is required to collect your name, address and date of birth as part of our legal and regulatory obligations, including under the Health Practitioner Regulation Nation Law as enacted in each state and territory of Australia.
Some personal information we collect is “sensitive information”. Sensitive information includes health information. Sensitive information will be used and disclosed only for the purpose for which it was provided, or a directly related secondary purpose, unless you agree otherwise, or where certain other limited circumstances apply (for example, where required by law).
How does Specsavers collect personal information?
Specsavers will collect personal information directly from you unless it is not reasonably practicable to do so. We will only ask you to provide information that is relevant to the service or product that you have requested or to enable us to respond to your enquiry. We may collect personal information from you in various ways including:
- when you visit a Specsavers Store for an eye test or to purchase products including sunglasses, frames, lenses or contact lenses) and other associated products and services;
- when you attend a vision screening organised by Specsavers at a public or industry event or a vision screening organised by your employer;
- when you visit a Specsavers store or our website or indirectly through the use of our website or online presences, through our representatives or otherwise;
- when you book an eye test or make an enquiry over the phone, through our website or other electronic means;
- when you enter our competitions and trade promotions;
- when you register on our website;
- when you apply for a job with us, our suppliers or contractors;
- when you provide customer feedback surveys, lodge a complaint and communicate with our Central Support Team;
- when authorised people provide us with your personal information on your behalf
Your personal information may also be collected on occasions through third parties including:
- from employment recruitment agencies;
- from health funds or Government agency (in order to receive advice about your eligibility to rebates on Specsavers’ eyecare services and eyewear products);
- from third party optometry practices which have been converted to Specsavers Stores;
- from other optometrists and health practitioners (with your consent);
Information collected from visitors to our website (including via mobile access)
When you use our website, Specsavers may collect information about our website users collectively, which may include data about your location (i.e. city and country), internet browser type, language, operating system, service provider, screen resolution and whether you are visiting for the first time or revisiting our website. This data is anonymously collected and only used in aggregate, and as such no identifying information is collected. Specsavers uses this information to help improve our website and its usability and to help us determine what is most beneficial to our users so that we can provide you with the best possible experience.
In order to measure the success of our on-line advertising we use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our website via online advertisements allowing us to see which online advertisements bring us the most visitors to our website. The information collected on our behalf is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them. Even without a cookie you can still use our website. If you would like to know how to opt-out of the technologies mentioned above please go to www.doubleclick.net/us/corporate/privacy.
How might Specsavers use the personal information they collect?
Specsavers may use the personal information collected from you for a number of purposes connected with our business including:
- providing products and services you have requested;
- responding to your requests or enquiries and other customer care related activities;
- evaluating, developing and enhancing our websites and our services;
- conducting website and system administration, such as for the technical support of our websites and computer systems;
- undertaking direct marketing such as providing information to you about special offers, promotions, products or services that we think may be of interest to you or conducting market research surveys including by mail, email, SMS or other forms of communication. When we send you direct marketing materials about our products and services, you will be able to unsubscribe from them;
- advising you of an upcoming eye examination appointment;
- advising you of the requirement for a future eye examination;
- carrying out any activity in connection with a legal or regulatory requirement or in connection with legal proceedings;
- carrying out activities connected with the running of our business and in connection with the transfer of any part of our business in respect of which you are a customer or potential customer;
- for general administrative and business purposes;
If you choose not to provide us with the information we ask for, we may not be able to perform these functions or to provide the requested goods or services..
Where possible, Specsavers will give you the option of not identifying yourself or of using a pseudonym. Specsavers may not always be able to interact with you in this manner, especially where it is required by law to identify you before providing certain information. In general Specsavers will not be able to assist you anonymously or where you are using a pseudonym when:
- it is impractical or
- where we are required or authorised by law or a court/tribunal order to deal with you personally
How might Specsavers disclose personal information?
There may be times when we need to disclose your personal information to third parties (some of which may be based outside of New Zealand or Australia). Specsavers shall take such steps as are reasonable in the circumstances to ensure the information is de-identified prior to disclosure. Specsavers will only disclose your information to:
- persons to whom we may be required to pass your information by law including regulatory bodies;
- persons assisting Specsavers to protect and defend the rights of Specsavers, the interests and personal safety of users of specsavers.com.au and specsavers.co.nz, customers of Specsavers or members of the public;
- anyone who assists us to process your information including our group companies in Guernsey, the Republic of Ireland or the United Kingdom. There are also Privacy (Data Protection) laws in force in these jurisdictions (not the same as in Australia or New Zealand but in our opinion substantially similar) which protect your personal information. We value your personal information and work closely with our overseas offices to safeguard the privacy of any shared information;
- service providers such as organisations who provide data processing, customer satisfaction surveys, printing and fulfilment operations who may be located in the United Kingdom, Republic of Ireland, Guernsey, Norway, the United States and/or India,;
- entities for whom we are acting as an agent, partner and our affiliated group companies British Isles, Republic of Ireland and Guernsey;
- anyone authorised by the individual to whom the personal information relates to; and
- to another company, in the event that Specsavers or a related asset or line of business is acquired by or transferred to that other company;
- our group companies including those outside of Australia and New Zealand for processing. Such companies may be located in British Isles, Republic of Ireland and Guernsey; and
- companies who are franchisees of Specsavers but are not subsidiaries or group companies of the Specsavers group.
The countries to which we may transfer your information include the British Isles, Republic of Ireland, Guernsey, Norway, the United States and/or India, for processing. If you are accessing our website from a country outside of Australia or New Zealand your information may be transferred outside of Australia or New Zealand to that country. If we transfer your information outside of Australia or New Zealand in this way, we will take reasonable steps to ensure that your privacy continues to be protected in a manner which is consistent with the laws of Australia and New Zealand.
Youroptometrist from your local Specsavers store, with your consent, may refer you to an eye doctor or specialist and forward relevant information to that medical practitioner about your particular condition (this may include your health information).
Management and security of personal information
Specsavers has security safeguards and procedures in place to ensure that the personal information we collect is stored in a secure environment protected from unauthorised access, modification or disclosure.
Although we take reasonable steps to maintain the security of our internet connections, for reasons outside of our control, information transmitted to us over the internet may not be absolutely secure. Specsavers assumes no responsibility for disclosure of data due to errors in transmission.
Whilst we will use our all reasonable endeavours to safeguard your person information we cannot guarantee that your personal information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties.
Specsavers also assumes no responsibility or liability for third parties such as advertisers or other entities who utilise banner ads and links from our website. If you click through a banner ad or link and submit your information to an advertiser, you will be subject to the privacy policies of that party.
We retain your personal information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above or until you request that we remove the information by contacting your local Specsavers store or our Privacy Officer.
Specsavers has procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy.
We take precautions to protect your personal information collected through specsavers.com.au and specsavers.co.nz but in the event that our system is infiltrated by unauthorised third parties we will not be liable for any resulting misuse of the personal information.
Updating your personal information
Specsavers endeavours to ensure that the personal information it holds about individuals is accurate, complete up-to-date and not misleading. Please contact your local Specsavers store or our Privacy Officer if the information we hold about you requires changing, or is out of date. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we will take reasonable steps to record the substance of your change or correction request.
Accessing personal information
You will be able to access personal information that Specsavers holds about you if it can be readily retrieved, subject to some exceptions allowed by law.
To request access to your personal information please contact your local Specsavers store or our Privacy Officer in writing.
To the extent permitted by law Specsavers may charge a reasonable administrative fee associated with providing a copy of your personal information to you.
Specsavers Pty Ltd
520 Graham Street
Port Melbourne, Victoria
Tel: +61 (03) 8645 0700
Fax: +61 (03) 9646 6050
Email: [email protected]
In New Zealand
Specsavers New Zealand Ltd
26A Triton Drive, Mairangi Bay, Auckland, New Zealand
Tel: +64 9 475 5434
Fax: 64 9 475 5435
Email: [email protected]
How to Complain
If you feel we have failed to deal with your complaint in a satisfactory way you can make a complaint about the handling by Specsavers of your personal information to the Office of the Australian Information Commissioner (Australia) () or the Office of the Privacy Commissioner (New Zealand) (www.privacy.org.nz)
For more information about privacy in general please contact the following:
Office of the Australian Information Commissioner (OAIC)
In New Zealand
Office of the Privacy Commissioner
Last updated 8 July 2015
© Copyright Specsavers Optical Group Limited 2013. All rights reserved.
Please note that all references to Specsavers includes Specsavers New Zealand Limited, its subsidiaries, its holding companies or subsidiaries of such holding companies. All references to specsavers.co.nz within these terms and conditions also includes all Specsavers websites.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
1 About these terms and conditions of use
1.1 In these Terms and Conditions of use (Terms):
• We, our or us and Specsavers means Specsavers New Zealand Limited and includes its directors, employees and agents;
• You or your means the person or customers who, by using this website, accepts these Terms; and
• Website Content means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
1.2 Terms and conditions are binding – Your use of the Specsavers website signifies you agree to be bound by, and abide by, these Terms. Your use is also subject to .
2 No warranty or responsibility for Website Content
2.1 Specsavers has used its best endeavours to ensure that the Website Content (which may include information obtained from Specsavers’ licensors and other third parties) is correct, complete and current. However, the Website Content may include errors, omissions or defects, and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Specsavers does not warrant the reliability, accuracy, currency or completeness of the Website Content and takes no responsibility for an error, omission or defect contained in the Website Content. In the unlikely event that an unauthorized person makes changes to this website, Specsavers does not accept responsibility for those changes.
2.2 The Website Content is intended for New Zealand residents.
2.3 You are solely responsible for the actions you take in reliance on the content on this website. If you want to rely on any material on this website you should contact Specsavers first.
3 Intellectual property
3.1 Trademarks - All brand names, product and service names, and titles used on specsavers.co.nz are trademarks, trade names, and/or service marks of or licensed to Specsavers or the Specsavers Group. No permission is given by Specsavers for their use by any person other than the holders and as such, any use may constitute an infringement of the holder's rights which may lead to legal action. All other trademarks are the property of their respective owners.
3.2 Copyrights - All content, designs, text, graphics, software compilations, underlying source codes, and other arrangements on this site are the copyright of Specsavers or its content providers where applicable and unless otherwise stated. In the absence of any particular notices, permission is granted to users to download and print one copy of this site, and make one copy of copyrighted content, exclusively for their own personal, non-commercial use provided that any notices contained in the material are maintained and complied with. Any special rules for the use of certain materials accessible on Specsavers’ website may be included elsewhere within Specsavers’ website, and are deemed to form part of these Terms. All other use, copying, adaptation, distribution or reproduction of any part of this website (including, without limitation, reproduction on any other website or systemic downloading of Website Content) is prohibited without prior written consent from Specsavers. If the owner of any material published on this website is not Specsavers then your rights in relation to that material will be as defined by the copyright owner of that material.
4 Rules for use of content
4.1 You may not in any way commercially exploit any material obtained from specsavers.co.nz and must abide by any trademark, copyright and other proprietary restrictions and licences whether displayed or otherwise in the particular material or relevant area on specsavers.co.nz.
5 No warranty
5.1 This website is provided "as is" and Specsavers excludes all warranties of any kind, including implied conditions and warranties, to the fullest extent permissible by law.
6.1 You agree to indemnify Specsavers from any proceedings brought against Specsavers to the extent that such proceedings arise in connection with your use of specsavers.co.nz, any breach by you of these terms and conditions of use or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.
6.2 You must indemnify Specsavers and hold Specsavers harmless against al loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
6.2.1 any breach by you of these Terms; or
6.2.2 any suit, claim or demand brought or made against Specsavers by or due to the conduct, act or omission of:
184.108.40.206 you; or
220.127.116.11 any person accessing any content through your account.
7. Website operation
7.1 Specsavers does not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
7.2 It may be necessary to interrupt the services provided on Specsavers’ website in order to upgrade or maintain them, or for other circumstances beyond Specsavers’ control. Should Specsavers need to interrupt the availability of services on the Specsavers website, Specsavers will use its reasonable endeavours to minimise any interruption to the services.
7.3 Specsavers does not represent or warrant that this website, the Website Content or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks. Specsavers recommends that prior to using any downloaded file; you carry out an appropriate virus check.
8 Product or service information
8.1 From time to time Specsavers may offer a newsletter, or product or service information updates.
9 Disclaimers and limitation of liability
9.1 You agree that this website is provided free of charge. To the fullest extent permissible by law, Specsavers shall not be liable to you (or any of your officers, agents or employees) or any person, in contract, tort (including negligence), equity or otherwise for any loss or damage of any kind which may arise from, or in connection with, the use of specsavers.co.nz, or the use of, or reliance upon, any information, services or materials (including Website Content) contained within this website or provided by this website, including any direct, indirect, incidental, consequential, special or punitive loss, and including, but not limited to (whether a direct or indirect loss) any, loss of opportunity, lost revenue, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, loss due to delay, any cost, loss, liability or expense arising from death, personal injury or property damage and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus.
9.2 Specsavers may from time to time, publish links to other third party websites on this website. Content, hyperlinks or information held on other sites is not the responsibility of Specsavers. Specsavers shall not be held liable for any information held on websites which may have links to or from specsavers.co.nz and which are not maintained and controlled by Specsavers. Specsavers does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the content, validity, quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Specsavers warrant that material on other websites does not infringe the intellectual property rights of any other person. You should check the terms and conditions applicable to any other websites you use or verify such information with the relevant party directly.
9.3 specsavers.com is the generic URL for the country specific Specsavers websites.
9.4 specsavers.co.nz is intended for use within New Zealand only unless otherwise specified. Specsavers makes no representation that any product or service referred to on specsavers.co.nz is appropriate for use, or available, outside of New Zealand. Those who choose to access this site outside of New Zealand are responsible for compliance with local laws to the extent that local laws are applicable.
9.5 Specsavers’ international websites are intended for use within the relevant country only unless otherwise specified.
9.6 By using this website, you consent to the terms and conditions and disclaimers, as defined by Specsavers. Specsavers reserves the right to change these Terms from time to time without giving you prior notice.
9.7 Any failure by Specsavers to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
10 Governing Law
10.1 This website, the information on it and these Terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute under these Terms or otherwise concerning this website shall be subject to the exclusive jurisdiction of the courts of New Zealand, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
11 Pricing and Promotions
11.1 All prices and promotions are valid for stores in Specsavers New Zealand only.
Company Name: Specsavers New Zealand Limited
Company Number: 2116682
Place of registration: New Zealand
Registered office address: C/o Minter Ellison Rudd Watts, Level 17, 125 The Terrace, Wellington 6011, New Zealand
Copyright © 2008 Specsavers New Zealand Limited. All rights reserved.
Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Specsavers Group makes all products advertised on this Website available to you.
Please read these Terms and Conditions of Purchase carefully before ordering any products from this Website. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Purchase. You should print a copy of these Terms and Conditions of Purchase for future reference.
1 - General Provisions
These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.specsavers.co.nz, ("the Website") and to any other agreement between you and the Specsavers Group and supersedes any representations made to you by the Specsavers retail outlet of your choice ("Specsavers Store") .
The goods and services offered by the Website are supplied by Specsavers Pty Ltd (ACN 097 147 932) and its subsidiaries, its ultimate holding company and its subsidiaries (collectively referred to as "Specsavers Group").
By placing orders through this Website you are offering to contract with the Specsavers Group for the supply of contact lenses (also described in these terms and conditions as "goods" or "products"). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
2 - Placing an order; acceptance of an order
The display of any items or promotions on the Website shall be construed as an advertisement or offer to treat and not as an offer. By submitting the on-line order form you will be deemed to be making an offer to buy subject to these terms and conditions. If your offer is accepted by Specsavers,Group this will result in a binding contract between you and the Specsavers Group (“Contract”).
When you have submitted the order form, you will receive an email from Specsavers Group acknowledging the receipt of your order and confirming the details of your order (including the full details of the store which you have nominated for aftercare) and your order number. Your offer to purchase a product is accepted by Specsavers Group when Specsavers Group processes the payment. You will receive e-mails confirming that the goods have been paid for and dispatched. The Contract will relate only to those products whose dispatch has been confirmed in the email confirmation. Specsavers Group will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
Payment will be processed after receipt of your order but prior to dispatch.
Specsavers Group will not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Specsavers Group or its agents, contractors or consultants, including, but not limited to, any pricing error on the Website. In such event, you will be informed as soon as possible after receipt of your order and you will be given the option to cancel your order.
As your order is processed, you will be informed by e-mail if any of the products ordered are not available or if there is a problem with your order.
If any goods ordered are not available, Specsavers Group may offer you substitute products of equivalent quality and price. If Specsavers Group is unable to offer substitutes or you do not agree to accept such substitutes Specsavers Group will reimburse your payment within 10 days of the date Specsavers Group receives your order (Returns Policy). The Contract will only relate to those products whose dispatch we have confirmed in the email confirmation. Specsavers Group will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
You can view the status of your order in the My Account section of the Website.
Orders can only be delivered to valid New Zealand postal addresses.
Free Aftercare - Aftercare excludes standard eye examinations. Valid for 6 months after purchase of contact lenses at Specsavers.
3 - My Account
The My Account facility enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.
When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at My Account at any time.
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
4 - Payment
Payment will be processed after receipt of your order but prior to dispatch.
The prices stated on the Website are exclusive of GST (where payable) and exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation, if the pricing error is obvious and should have reasonably been recognised by you as a mis-pricing.
Specsavers Group processes payment by credit card or debit card once you have placed an order with it by submitting the on-line order form. Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure.
5 - Your Obligations
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your optometrist or the Specsavers Store.
By placing an order you are confirming that:
- i) you have a valid current contact lens specification which has not exceeded the expiry date annotated on it and which has been issued by a registered optometrist for the contact lenses which you are ordering.
- ii) the data you provide concerning the condition of your eyes corresponds to the data found on your current contact lens specification.
- iii) you know of no reason why the contact lenses which you are ordering would not be appropriate for you.
- iv) you are not experiencing any discomfort with the contact lenses you are currently prescribed to wear.
- v) the order placed through this Website represents a request for contact lenses by you, which fulfils the needs of you yourself and no other person.
- vi) you are legally capable of entering into binding contracts.
6 - Delivery and inspection of the goods
Please note – delivery can only be to valid postal addresses in New Zealand.
The status of your order may be viewed on the Website using the 'My Account' section by using your order number.
Contact lenses will be to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
We aim to dispatch all products within 10 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Specsavers control, the overall delivery period should not exceed 30 days.
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7 - Risk During Transport
Specsavers Group shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6 above). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
8 - Warranty
Specsavers Group warrants that the products to be delivered comply with your order and with your contact lens specification. You agree that Specsavers Group and the Specsavers Store will not be held responsible if your eyes do not tolerate any contact lenses or any related products ordered by you except where this is caused by the negligence of Specsavers Group and the Specsavers Store, its directors, employees, affiliates or other representatives.
If it becomes evident within 3 months of delivery that the products you have ordered fail to meet the Warranty, you should return them immediately to Specsavers Group. Please refer to the Returns Policy. You may request that Specsavers Group replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.
The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without Specsavers Group’s written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
9 - Privacy
10 - Cancellation Right
You may cancel the Contract and return any products ordered on the Website within 7 working days following the day your order is delivered to you ("the Return Period"). To cancel the Contract please contact Specsavers Group’s Customer Service (either by phone or email) to request a returns reference and the relevant returns address. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.
You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date you inform us of the wish to cancel and the date the product is returned by you to Specsavers Group you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by Specsavers Group, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.
11 - Retention of Title
Specsavers Group remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Clause 10.1.
12 - Liability
PLEASE CONTACT US AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE
Subject to Clause 12.5 and Clause 13 the products come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
Specsavers Group will use its best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in the confirmation of your order. There may be events outside of Specsavers Group’s control including but not limited to Force Majeure events (see Clause 13). Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
Without prejudice to the provisions set out above, Specsavers Group will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
The Specsavers Group and the Specsavers Store do not limit or restrict their liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Specsavers Group, the Specsavers Store or its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
13 - Force Majeure (events outside of your or our control)
Neither Specsavers Group nor you will be obliged to fulfil any contractual obligation if either of the parties is prevented from so doing due to a circumstance outside the parties respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. ("Force Majeure"). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond Specsavers' control, but as a consequence of which Specsavers is unable to fulfil its obligations.
While a Force Majeure continues to operate, Specsavers Group and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Specsavers Group as terminated without further obligation to the other.
If Specsavers Group has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Specsavers Group will be entitled to charge you for that fulfilled part.
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Specsavers Group shall return to you the amount paid.
14 - Returns Policy
14.1 Refund / replacement
Specsavers Group will issue a full refund or replacement of goods in all instances where:
- contact lenses are supplied to the wrong prescription/specification. See Warranty in Clause 8.1
- products are supplied damaged
- products ordered by you (and which are confirmed by Specsavers Group as available) either within 21 days of the dispatch date (a) do not arrive at the delivery address; or (b) in the case of prescription glasses/sunglasses ordered online, are not available for collection
- products you have ordered are returned to Specsavers Group as undeliverable by the postal service
- you exercise your cancellation right and you have cancelled the Contract between us within the seven-day cooling-off period. Please see Clause 10
A refund or replacement will be issued to you following receipt by Specsavers Group of the returned goods. Such refund or replacement will be provided within 30 days of the date the returned goods are received.
14.2 All returns (except undeliverable items)
In the event you wish to return the goods for any of the reasons set out in Clause 14.1. please contact Customer Service via [email protected] Specsavers Group will issue you with a returns reference and advise you of the applicable returns address and will cover the cost of postage.
Please note that all returns (including where you exercise your cancellation rights) are to be returned with all component parts within 3 months of you receiving the goods. Please note the implications of Clause 14.6 that will apply for late returns.
14.4 Undeliverable items
If goods are returned to Specsavers Group as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by Specsavers Group of the goods, then a refund will be made within 30 days of that date.
14.5 Postal charges
Specsavers Group will pay the postal charge for goods returned under this Returns Policy.
14.6 Late returns
If we do not receive the returned goods within 35 days of your cancellation, we will make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation you will be deemed to have accepted the goods. At this point a new purchase contract will arise and you will be charged the order price for the goods.
Specsavers Group may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.6.
Refunds will be limited to the maximum value of the original order, excluding delivery charges and will only be issued against the same payment details as supplied to pay for the goods. Specsavers reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
14.9 Defective goods
Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to Customer Service as soon as possible after discovery of the problem. If you have any questions regarding the returns policy please contact our Customer Service.
If you have ordered the wrong product, we will issue you a refund and request the goods to be returned to us. Specsavers Group will cover the cost of return postage and will process a new order for your correct products. Please contact Customer Service to request an exchange.
15 - Intellectual Property Rights
You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of Specsavers Group. See the Specsavers Group’s Intellectual Property Rights Policy at General Terms and Conditions of Use of Website which apply to all trademarks and copyright material.
16 - Changes to the Terms and Conditions of Purchase
The Specsavers Group reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
17 - Waiver
If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18 - Severability
If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
19 - Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Specsavers Group’s Customers Service. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
20 - Transfer of Rights and Obligations
The Contract between you and Specsavers Group is binding on you and Specsavers Group and its respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
21 - Entire Agreement
Specsavers Group intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Specsaver Group’s Customer Service.
We each acknowledge that, in entering into a Contract, neither you or Specsavers Group have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations prior to entering into such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between the Parties.
Neither of the Parties shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22 - Jurisdiction and applicable law
The Terms and Conditions of Purchase and the Contract shall be construed in accordance with New Zealand law. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
If you have any comments or concerns about material which appears on our Website, please contact:
Specsavers Group’s Customer Service
T: 0800 401269
E: [email protected]
Specsavers Pty Ltd
(ACN 097 147 932)
520 Graham Street,
Port Melbourne, VIC, 3207
© Copyright Specsavers Optical Specsavers Group Limited 2008 All rights reserved. See our Intellectual Property Rights Policy at General Terms and Conditions of Use of Website which apply to all trademarks and copyright material.
- Placing a Specsavers easypay order
a. “easypay” is the Specsavers automated repeat order system.
b. When you have created a Specsavers easypay account, you will receive an email from Specsavers Group confirming the details of your recurring order including the full details of the product(s) to be provided, estimated Specsavers easypay price, the delivery address, the payment method, frequency of re-order and the next date your order will be automatically generated (Next Order Date).
c. 7 days prior to each Next Order Date you will receive an e-mail confirming your Specsavers easypay order. This email will advise of the estimated price of the order. The final price of your Specsavers easypay order is determined on the Next Order Date. You are able to modify any details of the order up to the day prior to the nominated Next Order Date.
d. Payment will be processed on the nominated Next Order Date. Products will only be dispatched once the payment has been successfully processed.
e. You will receive an email by way of a Tax Invoice confirming the goods have been paid for using your nominated payment method and a second email when the goods have been dispatched.
f. Specsavers Group processes payment by credit card or debit card on the Next Order date. Payments will be processed on Specsavers Group behalf by WorldPay payment details will be encrypted by WorldPay to minimise the risk of unauthorised access or disclosure.
g. When you buy contact lenses online from Specsavers Group and sign up to the Specsavers easypay re ordering system, you will get 10% off the product you select on an ongoing basis, commencing from the first automated order. The 10% discount does not apply to the initial order or the cost of shipping. The saving is based on the standard product price on each date of Next Order Date.
h. On receipt of your first Specsavers easypay re-order, you will receive a voucher for FREE glasses worth $69. The voucher will be valid enabling you to visit your nominated Specsavers store and exchange for a pair of free glasses with standard single vision lenses. If you wish to put your voucher towards the cost of a pair of glasses from a higher price range or to add any lens extras, you simply have to pay the difference. The voucher cannot be used in combination with any other offer. The voucher must be redeemed by the contact lens purchaser when presented in store with proof of your Specsavers easypay contact lens order (i.e. a printed copy of your easypay order confirmation email showing your name, address and order details). Vouchers are not exchangeable for cash and are valid for 12 months from the date of the initial Specsavers easypay contact lens order confirmation email.
i. Free Aftercare - Aftercare excludes standard eye examinations. Valid for 6 months after purchase of contact lenses at Specsavers.
2. My Account
- a. The online My Account facility enables you to check and modify the details of your recurring Specsavers easypay order (including the full details of the product(s), the delivery address, the payment method, frequency of re-order and the next order date) at any time.
- b. The My Account facility enables you to de-activate the Specsavers easypay re-ordering system at any time.
The following are registered trademarks of the Specsavers Group of Companies –
- the Specsavers logo
- Star Price
- Should've gone to Specsavers
- Spectacle Wearer of the Year.
Information About Us
The Website is operated by Specsavers New Zealand Limited (“Specsavers”) with its registered office at 26A Triton Drive Mairangi Bay, Auckland 0632
1 - General provisions
The documents contained in the Website are presented for information purposes only and should not be used as a basis for diagnosis or choice of treatment. The material is in no way intended to replace professional medical care or attention by a qualified practitioner.
The materials are not exhaustive, and the Website cannot always reflect all the most recent research in all areas of ophthalmology. Information on the Website presents the more commonly found aspects of optical terms which are likely to be of general interest, and for editorial reasons may not include certain substantive and commonly found phenomena.
Specsavers strongly advises all users with optical problems to consult an Optometrist, who will be trained in observation and interpretation of symptoms and will be able to provide a proper diagnosis based on a knowledge and understanding of all aspects of your condition and your medical history.
No advice or information, whether oral or written, obtained by you from Specsavers or through or from the Website shall create any warranty or other obligation not expressly stated in the Terms.
3 - Reliance on information displayed
Whilst we endeavour to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations or warranties (all of which include express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website. This does not affect our liability for death or personal injury arising from our negligence, nor for fraud or misrepresentation as to a fundamental matter or other liability that cannot by law be excluded.
4 - Intellectual Property Rights Policy
We are the owner or licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
Use of the Website does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, Specsavers New Zealand Limited or its related entities as defined in the Companies Act 1993 (“Group”). including but not limited to the words and logos “Specsavers”, “Specsavers Optometrists”, “Osiris”, “easyvision”, “UltraDrive”, “Ultraclear” and any of the brands advertised on the Website.
You are permitted to download and print extracts from the Website for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Specsavers is strictly prohibited.
You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Specsavers.
5 - Linking to our Website
You may link to our home page, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. Such linking must comply with our Intellectual Property Policy set out above in Clause 4. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link where your website contains content that is distasteful, offensive or controversial, infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website.
You may not create a link to any part of our Website except for the home page.
We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.
6 - Disclaimers and limitations of liability
You agree that the Website, including the content, is provided free of charge. Specsavers will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
The Website is intended for use within New Zealand. Those who choose to access this site outside of New Zealand are responsible for compliance with local laws to the extent that local laws are applicable.
By using this Website, you consent to these Terms and disclaimers, as defined by Specsavers. Specsavers reserves the right to change these Terms and disclaimers and will publish a notice on the Website when that occurs.
Specsavers does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of it, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
Specsavers will use its reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, the Group cannot guarantee that the Website will be free from delays, interruptions or errors.
7 - Changes to the Website
The Group reserves the right to make changes to the Website, policies and these Terms for any reason and at any time. You will be subject to the Terms in force at the time that you use the Website. You should check the Website from time to time to review the then current Terms.
8 - General information
These Terms (including the guides and rules referred to herein) constitute the entire agreement between you and Specsavers and govern your use of the Website, superseding any prior agreements between you and Specsavers. The Terms and the relationship between you and Specsavers shall be governed by the laws of New Zealand. You and Specsavers agree to submit to the exclusive jurisdiction of the New Zealand courts. Any failure by Specsavers to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Last updated 24 July 2012
© Specsavers New Zealand Limited 2012. All rights reserved.
25% off 1 pair of glasses from the $169 range or above*. Plus half price eye exam or free eye exam for AA members^ including free digital retinal photography.
*Offer expires on 31 December 2016. Price complete with standard single vision lenses with scratch resistant coating. Multifocals and bifocals also available at an extra cost. Extra options not included. Price for other lens types may differ. Price correct at time of print. Not to be used in conjunction with any other offer including 2 pairs for 1 low price.
^Half price eye exam applies to standard eye examinations only, normally valued at $60, reduced to $30. Excludes contact lens examination. Free eye examination available to current AA Members upon presentation of AA Membership card, subject to appointment availability.
Premium Club voucher must be presented at time of purchase to redeem this offer.