ROC Eyewear Terms and Conditions
1.1 The Site is a shopping website where you can browse, select and purchase Products from ROC Cloudy PTY LTD, trading as ROC Eyewear ABN 87066000922 (“ROC Eyewear”, “us” or “we”).
1.2 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.
2.1 You agree to be bound by, and comply with, these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2.3 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
3 Your Account
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. ROC Eyewear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4 Placing an order for Products
4.1 You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 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, on the terms and conditions set out in these ROC Eyewear Terms and Conditions.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
5 Acceptance or rejection of an order
5.1 In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) Supply the Products in that order to you in accordance with these terms and conditions; and
(b) Send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt.
5.3 If we reject an order placed through the Site, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.4 In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
6 Delivery of Products
6.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. We or our delivery company may need to contact you to arrange a delivery date for certain products.
6.2 You may obtain further information on the Site about our delivery timeframes and how we deliver certain Products.
6.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
6.4 An appropriate person must be present to accept the delivery of your order.
6.5 We may require the person accepting the delivery of your order to:
(a) Provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
6.6 If there is no appropriate person at the Delivery Address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the Products you have ordered. In this instance, we will endeavor 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.
6.7 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorized by you to receive your order.
7 Cancelling an order
7.1 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:
(a) The Products in that order are not available; or
(b) There is an error in the price or the product description posted on the Site for the Product in that order; or
(c) Your order has been placed in breach of these terms and conditions.
8 Fees and charges
8.1 We will charge you, and 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.
8.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
8.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
8.4 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.
9 Payment methods
9.1 You may pay the fees and charges for an accepted order (excluding lay-by orders) with any of the following payment methods:
9.2 If we are unable to successfully process your nominated payment method (being the applicable debit card or credit card) for your order that is accepted by us, then we may cancel your order.
9.3 If you choose to pay by credit card, you authorize us to debit the amount that is payable from your nominated credit card for an accepted order.
9.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
9.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
11.1 Subject to clause 12.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
11.2 Subject to clause 12.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
11.3 To the extent permitted by law and subject to clause 12.5 and any rights to which you may be entitled under the ROC Eyewear returns policy, our liability to you for any loss or damage arising out of or in connection with the supply of goods or service under this Agreement, your use of the Site or any breach by us of this Agreement however arising (whether for breach of the terms of this Agreement, tort (including negligence), statute, equity otherwise at common law or on any other basis) is limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
11.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
11.5 Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:
(a) the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (the ACL); or
(b) the exercise of a right conferred by such a provision; or
(c) any liability of ROC Eyewear in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
12.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
12.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
13. Changes to these terms and conditions
13.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
13.2 We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
14.2 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
(a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we and our service providers require to operate the Site;
(b) with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centers, gateway providers, delivery service providers and organizations that assist us to check for or prevent unauthorized or fraudulent transactions; and
(c) for other purposes to which you consent to (either express or inferred consent).
14.3 We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 15.2.
14.4 You may access your personal information, by logging into your registered account or by contacting us.
14.5 When you choose to opt-in or opt out of the receipt of marketing material from ROC Eyewear Online, it relates exclusively to ROC Eyewear goods and services.
15.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
15.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
16. Risk of Loss
16.1 Risk and title to Product passes to you on the date and time of delivery to the delivery address.
17. Product Descriptions
17.1 ROC Eyewear attempts to be as accurate as possible. However, ROC Eyewear does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
18.1 Capitalized terms used are defined in these terms and conditions. In these terms:
18.2 Classification Board means the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
18.4 Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
18.5 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
18.6 Product means each good or service that is advertised on the Site.
18.7 Site means ROC Eyewear shopping site www.roceyewear.com/shop
(i) ROC Eyewear’s Policy is to only accept returns when there has been an error on the websites side as evidence by the original packing list and confirmed by the returned products. For example, duplicate order, mis- shipments, defective or damaged products where the defect or damage has been caused by ROC Eyewear must be notified within 7 days.
(ii) All returned goods must be sent to ROC Eyewear, 8 Ralph St Alexandria New South Wales 2015 AUSTRALIA. Telephone Tel +61 2 9669 3636 and Facsimile +61 2 9669 1118.
(iv) All return requests, must be accompanied by the invoice number on which the goods were shipped.
(v) All returned goods must be shipped freight pre-paid unless otherwise agreed by ROC Eyewear. Unauthorized and freight collect returns will be refused and returned to the purchaser and freight will be charged to the purchaser.
(vi) All approved returns will be credited back to the purchaser including the original discount terms, or goods replaced from stock at ROC Cloudy’s discretion.
(vii) ROC Eyewear has the right to refuse any returned goods that are damaged through improper packing OR improper display methods at the purchaser’s location.
(viii) The purchaser may not return any goods bought as discontinued lines, seconds or discontinued sales.
(ix) All credit return goods must be returned in saleable condition including packaging.
Warranty and Repairs
(i) Where any conditions, warranty or liability is implied by law and as permitted by law, ROC Eyewear liability is limited at ROC Eyewear’s’ option to any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods.
b) The repair of goods.
c) The payment of the cost of replacing the goods or of acquiring equivalent goods.
d) The payment of the cost of having the goods repaired.
ii) All ROC Eyewear frames come with a 12 month manufacturer’s warranty.