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.
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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 residential or business postal addresses. Orders will not be delivered to P.O. boxes.
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 shipped 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 30 days 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 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 or faulty
- 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 at your election 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 firstname.lastname@example.org. 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 30 days of you receiving the goods. Partial returns are not accepted. 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 and will only be issued against the same payment details as supplied to pay for the goods. Shipping costs will only be refunded on damaged and faulty orders or if the lenses supplied do not reconcile with the prescription ordered. 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 nor 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
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.