These Terms and Conditions govern the use of this website, "The EyePatch" and the purchase of any goods from it. The website is owned and operated by OptiMed Pty Ltd (ABN 59 093 425 873). Should you have any questions, please contact our company on 1300 657720 prior to ordering from this website.
Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Please read them carefully. OptiMed Pty Ltd reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of "The EyePatch" or OptiMed Pty Ltd associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of OptiMed Pty Ltd, be limited to:
in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Copyright in the "EyePatch" website is property of OptiMed Pty Ltd. Material on this website also comprises copyright material, trademarks and registered trademarks of OptiMed and third parties.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from "The EyePatch" we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you place. You agree to provide "The EyePatch" or OptiMed Pty Ltd with current, complete and accurate customer information when asked to do so by the website or an employee of "The EyePatch" or OptiMed Pty Ltd.
Prices of goods and services and delivery and other charges displayed on the "The EyePatch" website are current at the time of display but may vary at anytime according to exgahnge rate variation or increases in charges to "The EyePatch".
We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description or imagery. Pricing and stock availability is subject to change at anytime without notice.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and OptiMed Pty Ltd is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, OptiMed Pty Ltd is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on 1300 657720. Orders cancelled after 2:30pm on the day of order may already be shipped and therefor subject to our returns policy. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels and while we make every effort to deliver by this time, all dates specified are estimates only. Unfortunately, we are unable give a guaranteed time of delivery.
It is the responsibility of the customer to inform "the EyePatch" or OptiMed Pty Ltd if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier or Post Office to ensure delivery occurs as soon as possible. If you have choosen a standard post option, it will not be possible to track that item.
We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from "The EyePatch" because you have changed your mind or are unhappy with the product.
If you return goods via an Australia Post Office or a Courier, please keep the appropriate proof of return. Otherwise, if the returned item goes missing or is lost in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.
All returned products must be:
Unused, unopened and in original condition
Returned within 30 days of delivery
In the event of a return by you, we will exchange or refund. However, you will pay the delivery costs of the return to OptiMed Pty Ltd and re-delivery to you. We will not refund initial delivery fees.
Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to "The EyePatch" - OptiMed Pty Ltd.
Please allow up to 14 days for refunds to be processed upon our receipt of goods.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against "The EyePatch" - OptiMed Pty Ltd which relate to or are incidental to any transaction.
You agree to indemnify and hold "The EyePatch" - and OptiMed Pty Ltd harmless from and against any and all claims, loss or expense that may be incurred by "The EyePatch" or OptiMed Pty Ltd which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold "The EyePatch" or OptiMed Pty Ltd harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.