The Site is a shopping website where you can browse, select and purchase Products from Sunshades Eyewear PTY LTD, trading as The Eyewear Index Shop ABN 70102239430 (“The Eyewear Index”, “us” or “we”). Your access to and use of the Site, including your orders and purchases of Products through the Site, is governed by these terms and conditions.
You agree to be bound by, and comply with, these terms and conditions, comply with all relevant laws relating to your use of the Site and your placement of any order through the Site and not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase Products through the Site. The Eyewear Index reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Placing an order for Products
You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Rejection of an order
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Delivery of Products
We will only deliver Products ordered through the Site to a location where we provide delivery services. Our delivery company may need to contact you to arrange a delivery date for certain products. For further information please see our Shipping Information.
An appropriate person must be present to accept the delivery of your order. We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If there is no appropriate person at the Delivery Address to receive the order then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery. If we are concerned re the credit card used we will hold the order to be able to check all information and will not clear until advised by Credit Card Company.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the Products in that order are not available, there is an error in the price or the product description posted on the Site for the Product in that order or your order has been placed in breach of these terms and conditions.
Fees and charges
You agree to pay the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
Duties and Taxes
The Australian GST tax rate applies to all orders delivered within Australia.
International orders are exempt from Australian GST (10%); however, the order may incur taxes and duties applied by customs in the country of delivery. For further information please see our Terms and Conditions – Duties and Taxes
If you require further information Regarding import duty and taxes please contact your local authority for information and guidance. To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable ‘merchandise’. We are also prohibited by law from marking the order as a ‘gift’, even if order is placed with the intention of sending to a gift recipient.
All stock levels shown on the The Eyewear Index website are approximate only and The Eyewear Index does not guarantee that all models of glasses will be available at the time of ordering. The Eyewear Index is not responsible for any loss incurred from stock not being available.
Risk of Loss
Risk and title to Product passes to you on the date and time of delivery to the delivery address.
Warranty and Repairs
For further information please see Warranties
The Eyewear Index cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release Sunshades Eyewear entirely of all responsibility for any consequences of its use.
This website may contain links to other websites. The Eyewear Index is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by The Eyewear Index. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
You agree that your access to, and use of, this website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on "as is" basis, the website may contain errors, faults and inaccuracies and may not be complete and current.
The Eyewear Index makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this website, except as otherwise provided under applicable laws.
Neither The Eyewear Index, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Sunshades Eyewear Pty Ltd. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by http://www.eyewearindex.com. Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Sunshades Eyewear is strictly prohibited.