Terms and Conditions of Purchase
Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Specsavers New Zealand Limited (“Specsavers”) makes the products advertised on www.specsavers.co.nz ("the Website") available to you including via any technologies or devices by which we make the Website available to you. You agree that, by ordering any of our products from the Website, you will be bound by these Terms and Conditions of Purchase. If you do not agree to these Terms and Conditions of Purchase in their entirety, you must not order any Product through the Website.
1. General Provisions
1.1 These Terms and Conditions of Purchase are applicable to any purchases made online at the Website and supersede any representations made to you by any Specsavers retail outlet ("Specsavers Store").
1.2 By placing orders through the Website you are offering to contract with Specsavers.
1.3 The products and services offered on the Website may be supplied by Specsavers and/or its associated entities (collectively referred to as the "Specsavers Group").
2. Placing an order; acceptance of an order
2.1 The display of any product or promotion on the Website shall be construed as an advertisement or offer to treat and not as an offer by Specsavers. By submitting an on-line order for a product, you will be deemed to be making an offer to buy that product subject to these Terms and Conditions of Purchase. If your offer is accepted by Specsavers, this will result in a binding contract between you and Specsavers (“Contract”). Each Contract will incorporate these Terms and Conditions of Purchase.
2.2 When you have submitted your on-line order, you will receive an email from Specsavers acknowledging the receipt of your order and confirming the details of your order (including the full details of the Specsavers Store which you have nominated for aftercare) and your order number. Your offer to purchase a product is accepted by Specsavers when Specsavers processes payment for the order. You will receive e-mails confirming when the products have been paid for and when the products are dispatched. The Contract will relate only to those products whose dispatch has been confirmed in the email confirmation. Specsavers 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.
2.3 Any coupon or voucher code must be applied prior to checkout for discount to be redeemed. Discounts cannot be refunded post purchase. Orders cannot be adjusted post purchase during sale period.
2.4 Payment will be processed after receipt of your order but prior to dispatch.
2.5 We have taken reasonable precautions to try to ensure that the prices quoted on the Website are correct and that all products have been fairly described. However, please note that Specsavers may not accept your offer if there is an error in any advertisement or representation made by Specsavers, 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.
2.6 All products are subject to availability. 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.
2.7 If any products ordered are not available, Specsavers may offer you substitute products of equivalent quality and price. If Specsavers is unable to offer substitutes or you do not agree to accept such substitute, Specsavers will reimburse your payment within 10 days of the date Specsavers receives your order.
2.8 You can view the status of your order in the My Account section of the Website.
2.9 Orders can only be delivered to valid postal addresses within New Zealand. Exclusions may apply and Specsavers will notify you upon order.
3. My Account
3.1 The My Account facility on the Website 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.
3.3 You are responsible for the security and proper use of your password and account information and must take all reasonable steps to ensure that the password and account information is kept confidential.
4.1 The prices stated on the Website are inclusive of GST (where payable) and exclude delivery charges. Any applicable delivery charges will be displayed on the order form.
4.2 Specsavers will process payment via WorldPay by credit card or debit card once your order is submitted on-line, but prior to dispatch.
5. Your Obligations
5.1 You agree 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.
5.2 By placing an order you are confirming that:
- you have a valid prescription which has not exceeded the expiry date annotated on it and which has been issued by a registered optometrist;
- the data you provide concerning the condition of your eyes corresponds to the data found on your current prescription;
- you know of no reason why the product you are ordering would not be appropriate for you;
- you are not experiencing any discomfort with the product you are currently prescribed to wear; and
- the order placed through the Website represents a request for products by you, which fulfils the needs of you yourself and no other person.
6. Delivery and inspection of the products
Please note – delivery can only be to valid postal addresses in New Zealand
6.1 The status of your order may be viewed on the Website using the 'My Account' section by using your order number.
6.2 Products will be sent to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
6.3 We aim to dispatch all products within 12 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.
6.4 Please inspect the products as soon as possible after delivery to check for any damage, defects or discrepancies. In the event there is a problem with the products please do not use the products and contact Specsavers customer service as soon as possible.
6.5 If products are returned to Specsavers 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, then you will be refunded for the products within 10 days of that date.
7. Title and risk
7.1 Title and risk in the products shall pass to you on delivery.
8.1 Specsavers warrants that the products to be delivered comply with your order and with your prescription.
8.2 Specsavers wants you to be completely happy with your purchase. If you have any concerns within three months of the date of purchase, we will put it right. No worries, no fuss.
You agree that Specsavers will not be held responsible if you have transposed your prescription into your order incorrectly or your eyes do not tolerate the products or any related products ordered by you except where this is caused by the negligence of Specsavers.
8.3 If within 2 years of purchase, your product has any defects relating to material or production faults Specsavers will repair or replace them for you, free of charge. Specsavers’ products come with guarantees that cannot be excluded under New Zealand Consumer Guarantees Act. 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.
Please refer to Section 12 for detail on how to return products.
10.1 Subject to the remainder of this Clause 1 and to the extent permitted by law, Specsavers Group will not be liable for any incorrectly transposed prescription information or any special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties) which you may suffer under or in connection with any Contract or these Terms and Conditions of Purchase.
10.2 Specsavers Group will not be liable in the event that any loss or damage suffered by you is caused by any intentional act or omission or gross negligence by you or your improper use of the products.
10.3 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.
10.4 Nothing within these Terms and Conditions of Purchase affect your statutory rights under New Zealand Consumer Guarantees Act.
11. Force Majeure
11.1 Neither party shall be in breach of a Contract or these Terms and Conditions of Purchase nor liable for delay in performing, or failure to perform, any of its obligations under this Contract or these Terms and Conditions of Purchase if such delay or failure result from events, circumstances or causes beyond its reasonable control (“Force Majeure”).
11.2 If Specsavers has already fulfilled its obligations under any Contract in part when the Force Majeure occurs, Specsavers will be entitled to charge you for that fulfilled part.
11.3 In the event that a Force Majeure operates for a period of 30 days or more, if you have paid for a product yet to be dispatched to you, Specsavers shall return to you the amount paid.
12.1 In the event that Clause 8 applies, Specsavers will offer to repair or replace the products or issue you with a full refund. Please contact Specsavers Customer Service for information on how to return products to Specsavers. Customer Services will issue you with a returns reference and advise you of the applicable returns address and will cover the cost of postage.
12.2 A refund, repair or replacement will be made following receipt by Specsavers of the returned products. Such refund, repair or replacement will be provided within 12 days of the date the returned products are received. Any refunds provided will be made to the debit or credit card provided by you when you placed your order.
12.3 Please note that all returns are to be returned with all component parts as soon as possible and in any event within 2 weeks of you receiving a returns reference for the products. You must take all reasonable care of the products that you will return to us while they are in your possession. Products should be returned to us in or with their original packaging, and in the case of contact lenses, such packaging must be unopened and unmarked.
12.4 Nothing within these Terms and Conditions of Purchase affect your statutory rights under the New Zealand Consumer Guarantees Act.
13. Intellectual Property Rights
You may not use any of the Intellectual Property Rights in the Website or in our products without the express written consent of the Specsavers Group.
14. Changes to these Terms and Conditions of Purchase
Specsavers reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time as may be reasonably necessary 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 products from us.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
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.
17. Written Communications
17.1 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.
17.2 All notices given by you to us must be given to Customer Service. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
18. Transfer of Rights and Obligations
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, as may be reasonably required by us, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
19. 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 these Terms and Conditions of Purchase.
20. Jurisdiction and applicable law
The Terms and Conditions of Purchase and the Contract shall be construed in accordance with the laws of New Zealand. 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.
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