- You may have other rights granted by law including your statutory rights as a consumer and these Terms do not affect those rights.
- No binding contract will exist between "Framesbuy Pty Ltd" until it has accepted your order and confirmed the availability of the product by a return reply via email.
- All goods are sold subject to availability.
- These Terms supersede all previous verbal or written statements and agreements relating to the goods and/or services. All information contained in our sales literature or correspondence is provided for guidance only and does not form part of this contract, unless "Framesbuy Pty Ltd" agrees otherwise with you (consumer) in writing.
Description of Goods and Services
- A description of the goods is mentioned on our website. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the goods.
- When ordering, you must provide us with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must have been given to you by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him or her within the last 2 years.
- We will rely upon the prescription provided by you and the goods provided will contain lenses matching the prescription that you submitted.
- If you are unsure of the relevant prescription to be applied to the goods, please consult a registered medical practitioner or registered ophthalmic optician before placing an order.
- Unless you state otherwise, we use an appropriate average pupillary distance 'PD' to complete your order. This PD measurement has been provided by qualified dispensing opticians. By agreeing to these terms and conditions, and unless you state otherwise, you will be agreeing to let us use an average PD of 60mm for single vision reading, distance and bifocal lenses. "Framesbuy Pty Ltd" strongly recommends that you consult your optician to obtain your PD before ordering, and provide that number to us when ordering.
- You must be 16 or over to order from https://www.framesbuy.com.au, and you must not be registered blind, or partially sighted, do not suffer from glaucoma, or ordering on behalf of someone under 16 years of age.
- All varifocal glasses will be dispatched within 28 working days of us receiving them back after the PD markings.
Price for the goods includes any value added tax payable. Shipping charges may vary depending on your destination of delivery.
Your Rights to Cancel this Contract
If this contract has been made between you and "Framesbuy Pty Ltd" by telephone or correspondence (including e-mail) without any face to face contact having occurred, then you will have a 7 day period from the date when the order is placed if you wish to cancel this contract. However you are unable to claim any refund if you cancel or change the order after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements.
Responsibility for and Ownership of Goods
You will have complete Ownership of your product as soon as your order is paid for and processed. "Framesbuy Pty Ltd" will be responsible for loss or any damage of goods until the product is delivered to you. It is recommended that you test and let us know as soon as possible if the product does not suit your requirement. In case of Varifocals or Multifocals, it takes 8 to 10 days to adjust your eyes for a new user. "Framesbuy Pty Ltd" will not be liable for product damaged by your negligence or mishandling.
Re-sale of Goods
Goods are sold on the condition that they are not re-sold to any third party.
Limitation of our Liability to You
- Important - Your particular attention is drawn to this paragraph 1. Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.
- In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.
- In no circumstances will "Framesbuy Pty Ltd" (or its employees, agents or subcontractors) be liable to you for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated savings.
We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances outside of our control. In particular we will not be responsible for delays occurred due to third party.
Contract Personal to You (Your limited right to transfer the contract)
This contract is personal to you. Nobody other than you will be able to benefit from this contract. You may not transfer your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.
Our Right to Transfer the Contract
We may assign or subcontract the contract or any part of the contract to any person, firm or company. However the sole responsibility of fulfilling your order remains with us.
Your Personal Data
We will ensure that our employees, agents and subcontractors shall, at all times, comply with the provisions of the Data Protection Act 1998 in relation to data received from you in relation to this contract and shall only process personal data received from you where necessary to fulfil our obligations under this contract.
- A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
- When you visit our website we send you a cookie. Cookies may be used in the following ways:
- To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
- To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
- Two types of cookie may be used on this website: session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Any communications between us regarding this contract that are required to be in writing must be sent by first class post, facsimile or delivered by hand. Any written communication will be treated as having been served on the person receiving it 12 working days after posting (if sent by first class post), at the time of transmission (if sent by facsimile and a satisfactory transmission report is obtained) and at the time of delivery (if delivered by hand).