| 1. |
Terms and Conditions of using and purchasing via www.drivewear.com (Website) |
| a. |
This Agreement, is a contract between the customer (‘You’) and Younger Optics Australia Pty Ltd ABN 11 091 681 913, registered office Unit 6, 9-13 Ridley Street Hindmarsh SA 5007 Australia. No other terms, conditions or warranties (other than those applied or implied by Statute) are included. |
| b. |
By visiting and using the Website You accept and agree to be bound by the following Website Terms and Conditions of use. (Website Terms.) Use of the Website is subject to acceptance of the Website Terms. |
| c. |
Younger Optics reserves its right to amend the Website terms from time to time without notice to You. Please review these Website Terms regularly to ensure You are aware of any changes made. |
| 2. |
Disclaimer |
| a. |
All information, advice or other data on the Website is provided as general information only and should not be relied upon. |
| b. |
Subject to its obligations under the Australian Consumer Law, Younger Optics makes no representation and gives no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness, or reliability of the Website or its content for any particular purpose. |
| c. |
Younger Optics has no control over and is not responsible for the content of any third-party websites linked to or framed within the Website, or any third party advertisements and expressly disclaims (and does not endorse or verify) the accuracy or reliability of the content of any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on the Website should not be construed as an endorsement, approval or recommendation by Younger Optics of the linked website or its content. Younger Optics is not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, You should read the terms, conditions and privacy statements detailed on that website. Your use or reliance upon such third-party website is at your own risk. |
| d. |
Younger Optics is based in Adelaide, South Australia. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to You. |
| e. |
Your use and any reliance You place upon the Website and its content are entirely at your own risk. When using the Website, information will be transmitted over a medium, which in many cases if beyond the jurisdiction and control of Younger Optics. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and You should scan and check such data accordingly. Younger Optics does not warrant and cannot ensure the security of any information You may transmit to Younger Optics. |
| f. |
Younger Optics will not be responsible for any delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Website which is beyond its control. For the avoidance of doubt, Younger Optics does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website. |
| 3. |
Liability |
| a. |
To the full extent permitted by law and without limiting any rights available under the Australian Consumer Law: |
| i) |
all conditions and warranties concerning the Website and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; |
| ii) |
in no event will Younger Optics (or its officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Website or the Content; |
| iii) |
Younger Optics is not liable to You or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website, the content or the services; |
| iv) |
any claims arising in connection with your use of the Website, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and |
| v) |
remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms. |
| b. |
To the full extent permitted by law and without limiting any rights available under the Australian Consumer Law: |
| i) |
all conditions and warranties concerning products available on the Website expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; |
| ii) |
in no event will Younger Optics (or its officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use any products purchased on the Website; |
| iii) |
Younger Optics is not liable to You or to any third party for any personal injury, including death, caused by access to, use or misuse of any products purchased on the Website; |
| iv) |
any claims arising in connection with your use of any products purchased on the Website must be brought within one (1) year of the date of the event giving rise to such action occurred; and |
| v) |
remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms. |
| 4. |
Privacy |
| Younger Optics takes the security of your personal information very seriously. For more information please refer to our Privacy Policy. |
| 5. |
Registered Users |
| a. |
Younger Optics offers an Account facility to users who register their details on the Website (Registered Users). |
| b. |
In order to create an Account, You will be required to provide a password. You acknowledge that You are solely responsible for maintaining the security of your password. |
| c. |
Each time You use the password, You will be deemed to be authorised to access and use the Website in a manner consistent with these Website Terms. This means that You are responsible for any products purchased using your Account details. |
| d. |
As a Registered User You are required to provide Younger Optics with accurate personal information. Provision of another person’s details as your own will not be deemed acceptable.Younger Optics reserves its right to decline, suspend or terminate your Account at any time at its absolute discretion. |
| e. |
Any personal information collected by Younger Optics shall not be disclosed to any third party unrelated to Younger Optics unless such a disclosure is authorised or required by law, or You have expressly consented to such a disclosure. Younger Optics otherwise relies on its Privacy Policy. |
| f. |
As an aid to fraud prevention Younger Optics may require proof of identification of the cardholder prior to releasing the order. |
| You must notify Younger Optics Australia if at any time You believe someone has access to password. |
| 6. |
Security |
| When You register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information You send through this Website. Younger Optics makes no warranty in respect of the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorised access of the information You provide. |
| 7. |
Credit Card Information & Payment |
| a. |
Credit card information collected for the purpose of payment of products purchased at Younger Optics will be stored on secure servers. |
| b. |
Credit card information will be masked on your account and will not be visible to Younger Optics Customer Service operators. |
| c. |
Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product/s. |
| d. |
You must not pay or attempt to pay for product/s using fraudulent credit card information. |
| e. |
Title in the products passes to You upon cleared payment in full by You to Younger Optics of the products. |
| 8. |
Content and Intellectual Property |
| a. |
The content, layout, design, concept and organisation of the Website (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belongs or is licensed to Younger Optics. |
| b. |
Subject to your compliance with these Website Terms, Younger Optics grants You a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation. |
| c. |
Certain material provided or available on or through the Website may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms. |
| d. |
By visiting and using the Website You acknowledge and agree that: |
| i) |
Younger Optics owns the right, title and interest in, or is otherwise licensed to use the Intellectual Property in the Content; |
| ii) |
You will not do anything to hinder, impede, invalidate or challenge its ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content; and |
| iii) |
and any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Website, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms or by law is strictly prohibited, unless You have obtained Our prior written consent (which We can withhold in Our absolute discretion). |
| e. |
Where the Intellectual Property contains any of Younger Optics registered or unregistered trademarks, You must not use any of those trademarks: |
| i) |
in or as the whole or part of your own trademarks; |
| ii) |
in connection with activities, products or services which are not associated with Younger Optics; |
| iii) |
in a manner which may be confusing, misleading or deceptive; or |
| iv) |
in a manner that disparages Younger Optics or its products or services (including the Website). |
| f. |
You agree to use the Website and its Content for lawful purposes only. |
| 9. |
Pricing and GST |
| a. |
All prices on the Website are quoted in Australian dollars and are net of GST. GST will be added to the price for all sales within Australia. |
| b. |
All prices are subject to change. All prices displayed on this Website are only valid online at the time shown. |
| 10. |
Stock availability |
| Younger Optics attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown. |
| 11. |
Customer Communications |
| a. |
Younger Optics will communicate with You about your order and the purchased product by email. Account holders must provide a valid email address to Younger Optics for this purpose. |
| b. |
From time to time, Younger Optics will also send You marketing material. |
| c. |
If You do not wish to receive such material, You may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication. |
| 12. |
Order Cancellations |
| a. |
You may cancel your order in full before the order is dispatched by Younger Optics. |
| b. |
Younger Optics will refund You in full for the orders cancelled and will not charge You a cancellation fee. |
| c. |
However, once the order is dispatched for delivery You are unable to cancel the order. |
| d. |
Younger Optics also reserves the right to cancel your order if: |
| i) |
You provide an unauthorised credit card; |
| ii) |
Younger Optics is unable to process payment on the credit card provided; |
| iii) |
You provide invalid personal details; |
| iv) |
If, when required, You cannot provide acceptable proof of identity; |
| v) |
The product has become unavailable; |
| vi) |
If, for any reason, Younger Optics does not reasonably believe it can successfully complete delivery; |
| Younger Optics will attempt to notify You before cancelling your order. |
| 13. |
Suspension, Termination and Effect of Termination |
| a. |
If You breach any of these Website Terms, Younger Optics reserves the right to suspend or terminate your Account at any time without prior notice to You. If your Account is suspended or terminated, You will not be able to access the Website. |
| b. |
If You are awaiting delivery of products, Younger Optics reserves the right to cancel your order. A refund may be issued to the credit card provided during the purchase process. |
| 14. |
Delivery |
| a. |
The delivery of your products may take up to 10 working days from the date your payment is received. |
| b. |
The courier may require a signature upon receipt of delivery. |
| c. |
For standard Australian deliveries, if You are not available at the address specified by You when the courier delivers your product, the courier will leave a note in your post box notifying You. If You are not contactable your product will be returned to Younger Optics and our Customer Service Centre will attempt to contact You to arrange for alternate delivery. |
| 15. |
Returns and Refunds |
| a. |
You may return products purchased at Younger Optics for a full refund within 14 days of purchase. |
| b. |
To qualify for a full refund products must be in an unworn, undamaged and unmarked condition and in their original undamaged glasses case or packaging. |
| c. |
Upon receipt of the product, You may choose to return the product to Younger Optics for a full refund if the product is faulty when You receive it. Faults will be assessed by our Customer Service Centre. If the product is found to be faulty You will receive a full refund, otherwise the product will be returned to You. |
| d. |
Refunds will only be issued in accordance with our returns policy and will only be made to the original account used for payment. In some limited circumstances Younger Optics may make a refund to an alternate account if the original has been cancelled or is not available. |
| e. |
Younger Optics will not consider requests for refunds after 14 days of purchase unless the product is deemed faulty by our Customer Service Centre. For a refund on products purchased after 14 days, please contact our Customer Service Centre. |
| f. |
Refunds and Exchanges will not be available on sale products or discounted products. |
| g. |
For products that are assessed to be faulty by the Customer Service Centre, freight/shipping will be paid by Younger Optics. |
| h. |
When You return non-faulty products, payment of freight/shipping costs by Younger Optics Pty. Ltd. is at the discretion of Younger Optics. |
| 16. |
Risk |
| a. |
Risk in the products passes to You once the products have left our premises. |
| b. |
Younger Optics will not be held responsible for any loss, damage or liability in respect of the products once the products have left our premises. |
| 17. |
Vouchers and Promotions |
| a. |
Younger Optics uses vouchers for promotional purposes from time to time. |
| b. |
Vouchers are in Australian dollars, attached to minimum order amounts pre discounts in Australian dollars inclusive of GST and validity dates as specified on the promotional material or on the promotional landing page or otherwise the vouchers are valid for 30 days. |
| c. |
No cash redemption for a voucher code is possible. The vouchers are a one time offer off the total invoice amount and may be limited to a certain product quantity. |
| d. |
Each voucher code may only be used once per customer by entering it during checkout on drivewear.com and by clicking "Apply Coupon". |
| e. |
By submitting your email address on the promotional pages on drivewear.com You agree to receive our newsletter with updates. Please read our Privacy Policy for more information. |
| 18. |
Jurisdiction |
| This contract will be governed by the laws of South Australia, Australia. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction. |
| 19. |
Copyright |
| a. |
All information, text, material, graphics, software and advertisements on the Website are Copyright (c) of Younger Optics, its suppliers and/or licensors, unless expressly indicated as otherwise. |
| b. |
The Website content is protected by Australian and international copyright and trade mark laws. |
| c. |
You must not modify, copy or distribute the Website content in any way except as expressly provided for on the Website or expressly authorised in writing by Younger Optics |
| d. |
You must not frame or embed in another website any of the material appearing on this website without our prior written consent. You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose |
| 20. |
General |
| a. |
Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without the prior written consent of Younger Optics. Younger Optics may transfer or assign its rights and obligations under these Website Terms. |
| b. |
To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty. |
| c. |
The rights and remedies available to Younger Optics under these Website Terms cannot be waived except in writing signed by Younger Optics. A delay by Younger Optics exercising a right or remedy does not constitute a waiver of that right or remedy, nor does its waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of its other rights. |
| d. |
Younger Optics will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God. |
