1. GENERAL

This website is owned and operated by Luxottica.

Please read these Terms of Use carefully as they set out the terms and conditions under which you may use or access our [Brand] website and Apps (collectively, Sites) whether as a guest or registered user.

Luxottica is not liable for any loss incurred by you or any other party in connection with the use of this website or any linked websites. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

No advice or information, whether oral or written, obtained by you from our Sites shall create any warranty or other obligation not expressly stated in the Terms.

By accessing or using the Sites, you represent that you are at least eighteen (18) years old. If you are not of such an age, please consult with your parent or guardian with respect to these Terms.

By accessing or using the Sites, you agree to abide by all applicable laws and regulations governing your use of the Sites.

2. LICENCE AND INTELLECTUAL PROPERTY

Luxottica hereby grants you a personal, revocable, limited, non-exclusive and non-transferable licence to use the Sites for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the Terms of Use. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, licence, sublicence, transfer, sell, mirror, frame, exploit, rent, leave, private label, grant a security interest in, or otherwise use the Sites in any manner not expressly permitted herein.

These Terms of Use provide only a limited licence to access and use the Sites. Use of the Sites does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, Luxottica or its associated entities as defined in the Corporations Act 2001 and any of the brands advertised on the Sites.

Accordingly, you expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or tile in and to the Sites to you or to anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Sites, unless otherwise indicated, are owned, controlled, and licensed by Luxottica.

[Brand], the [Brand] logo(s) and all other names, logos, and icons identifying [Brand] and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.

You are permitted to download and print extracts from the Sites for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Luxottica is strictly prohibited.

You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Luxottica.

3. PRIVACY POLICY

Luxottica processes all information in accordance with our Privacy Policy. Please review Luxottica’s Privacy Policy here for a summary of Luxottica’s information collection and use practices. By using our Sites, you consent to such collection and processing and you warrant that all personal information provided by you is accurate.

4. RELIANCE ON INFORMATION DISPLAYED

We take steps to ensure that all information contained on our Sites is accurate and current. We make no guarantees, conditions, representations or warranties (express or implied) as to the accuracy, completeness or reliability of such information. To the maximum extent permitted by law, we exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Sites.

We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your device, and we cannot guarantee that your device will accurately display such colours.

5. CONTENT SUBMITTED BY YOU

From time to time we may make available on our Sites bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, we welcome your comments on our Sites. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica ("User-Posted Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity.

Upon your submission of any and all User-Posted Content, You grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Posted Content, such that Luxottica shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.

6. BUYING GOODS THROUGH OUR WEBSITE

Your purchase of goods on our Sites is subject to our Terms and Conditions of Sale below.

7. AVAILABILITY AND CONTINUITY OF SERVICE

You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Sites.

8. VIRUSES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

9. Linking to our Sites

You may only link to our home page, in compliance with Clause XX herein, and if you do in a way which does not cause any damage to our reputation or harm to Luxottica.

You may not establish a link or link to any page of our Sites in any way that implies, states or suggests any form of association, partnership or endorsement, where none exists. You must not establish a link to our Site if the link is on a platform which contains content that is offensive, political, controversial, infringes the intellectual property rights of any other person or entity, or does not comply with all applicable laws and regulations.

Our Sites must not be framed on any other site.

10. LINKS FROM OUR SITES

The Sites may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

You agree that the Site, including the content, is provided free of charge. Luxottica will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.

By using our Sites, you agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, reasonable cost or expense (including legal fees) asserted by any third party and arising from: (i) any User-Posted Content; (ii) your breach of any of these Terms; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Sites.

Luxottica does not represent or warrant that our Sites, their content or any other material accessible on the Sites are free from defect, error or computer viruses that may affect your systems. Luxottica excludes any liability for any indirect or consequential loss resulting from your use of our Sites, a security breach or failure or the transmission of a computer virus. You should take steps to safeguard your own software and systems by having your own security measures and system checks in place. Luxottica does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of it, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.

You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to Luxottica, such injury may not be quantifiable in monetary damages, and Luxottica may not have an adequate remedy at law. Luxottica may therefore seek an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.

12. OTHER TERMS

These Terms (including the policies and rules referred to herein) and any other agreement or terms or conditions for services, information, or licenses available through the Sites, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Sites.

You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.

Headings are for convenience only.

The Terms and the relationship between you and Luxottica shall be governed by the laws of Australia for users of [Brand] Australia and by the laws of New Zealand for users of [Brand] New Zealand. You and Luxottica agree to submit to the exclusive jurisdiction of the Australian courts, or New Zealand courts, as the case may be.

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of these Terms or your use of the Sites.

Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

These Terms will terminate immediately and automatically, upon our notice, if You fail to comply with any of these Terms. You may also terminate these Terms at any time by ceasing all use of the Sites. Your obligations contained herein will survive the termination of these Terms for any reason.

1. GENERAL

Please read these Terms of Sale carefully. These Terms of Sale apply to you, the user of our Services and the purchaser of goods ("You"), and your purchase of any products from a Luxottica Service. These Terms of Sale are subject to change without prior written notice at any time, in Luxottica's sole discretion.

By placing an order with Us you are offering to contract for the supply of healthcare products (including prescription optical and sun lenses, glasses frames, contact lenses, lens accessories, accessories and related products). By purchasing or making a booking with us for a Service, you are offering to contract for the supply of a healthcare service (including booking for an eye test, scans or other assessment).

You agree, by ordering any of our goods and services, to be bound by these Terms of Sale. If you do not agree to these Terms of Sale in their entirety, you must not order any goods or services through our Services.

All sales are expressly conditioned upon your agreement to these Terms of Sale, as well as all of our Terms, including our Terms of Use, Returns Policy, Warranty Policy and Privacy Policy. Other important terms may also apply to your Order, such as the Click & Collect terms or specific terms for certain Goods as identified in the product description field on our Sites. We will always provide any additional terms to you when you make an order.

Different terms, apply to the purchase of Gift Cards, see our Gift Card Terms here.

2. RELIANCE ON INFORMATION DISPLAYED

We make every effort to ensure that all information on the website, including descriptions of our goods and services, and their listed prices, is accurate and correct at all times. We will try to resolve any errors in information on the website as soon as reasonably possible and if We think that such an error has affected your order, We will make all reasonable efforts to notify You via the contact information You provided to Us on your account or during your order.

Buying goods over the internet or via our digital in store shopping platforms provides a different shopping experience than buying a physical product in store. In particular, please be aware that: (i) the colours of goods as shown on our Services will depend on many factors - including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the website or in-store digital shopping platforms are for illustration purposes only - for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); and (vi) not all goods and promotions that are offered on the website will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion.

3. PRICES AND AVAILABILITY

The purchase price of Products from our Services are shown digitally on the website or App, on the tag attached to each item in store, or on digital screens in store.

All prices listed by the Services are inclusive of GST (unless otherwise specified), but do not include a delivery charge (if any).

Prices listed in:

• our Australian Services are in Australian Dollars (AUD);
• our New Zealand Services are in New Zealand Dollars (NZD).

We reserve the right to adjust prices, goods, services and special offers at our discretion. We are not obligated to provide notice of these changes.

The purchase price of a Product on our Sites may not be the same or correspond to the price for that same product in our other channels or in-store.

Not all goods and promotions that are offered on the Services will be available in-store or online and vice versa. All Products and Services offered and ordered from the Services are subject to availability. If any products ordered are not available, we may offer you substitute products of equivalent quality and price. If we are unable to provide a substitute, or you do not agree to accept a substitute, we will reimburse your payment within 15 days from receipt of your order.

You acknowledge that:

• we are not responsible for the pricing and promotions offered in third party stores or websites for the same Product;
• we are not obligated to price match for Products or Services offered elsewhere;
• we may, in our sole discretion, offer a price match as a gesture of good will;
• we reserve the right to implement restrictions on quantities for certain products and brands per customer.

4. PAYMENT

We process payments and future payments through our approved payment platform(s), credit or debit card, once you place an order with us.

We use approved third party service providers to process card payments.

Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Services at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.

For orders placed in store where the goods are not available on the day, you may be required to pay a deposit for your order to be accepted. Where you purchase goods that are made to order or customized in any way, including customization by means of a prescription, you are required to pay a minimum 50% deposit in full at the time of placing your Order.

You must not attempt to purchase Goods from us via unlawful or fraudulent means.

However, if you order prescription goods from our websites or online Services, payment will only be processed once your prescription is provided or verified. Payment will be processed after receipt of your order but prior to dispatch.

If your health fund cover allows for optical claims or benefits, you may be entitled to use your benefits to obtain a rebate on your purchase. When your order is processed, we will provide you with an invoice that includes a provider number which can be used with any health fund in Australia to claim any eligible benefits, subject to your individual plans and inclusions. You may be able to claim this benefit instantly through some health fund providers on our Website, or in store.

5. PLACING AN ORDER

The display of any product or promotion through a Service shall be construed as an advertisement or offer to treat, and not as an offer by Luxottica. By submitting an order for a product, you will be deemed to be making an offer to buy that product subject to our Terms. Where You order more than one item, your order comprises of a series of offers for each item individually. If your offer is accepted by Luxottica, this will result in a binding contract between you and Luxottica (Contract). Each Contract will incorporate these Terms and Conditions of Sale.

When you have submitted your order, you will receive a receipt or email from Us acknowledging receipt of your order and confirming the details of your order. Your offer to purchase a product is accepted by Luxottica when Luxottica processes payment for the order. You will receive a receipt or e-mails confirming when the products have been paid for and when the products are dispatched by Us.

6. OPTICAL ONLY: REQUIREMENTS FOR ORDERS OF PRESCRIPTION GOODS

If you submit an order for prescription eyeglasses, lenses or other prescription goods, you accept that you will be required to submit details of a valid prescription from a suitably qualified person, and when requested, any other detail of your current valid prescription (including any notes on the prescription). Where prescription eyeglasses have been ordered, acceptance of your order by Us will be subject to receipt and verification of such prescription. If your script was obtained through an external provider, You consent to Us contacting your optician to verify your prescription.

By placing an order for a prescription service or good, you are confirming that:

• you have a valid prescription for the goods you are ordering;
• the information you provide to us is true and correct and matches your current prescription;
• you are placing this order for yourself, and no other person; and
• you have sought advice from an eye care professional, or have formed a reasoned view for why this product or service is appropriate for you.

7. CANCELLING OR AMENDING AN ORDER

For orders placed online or in store, You are unable to amend your order once the order has been confirmed by us. If you would like to change or return your order after the order is confirmed, please refer to our Returns Policy.

If you cancel a Made To Order (customised) product, You are not eligible to have your payment or deposit refunded in accordance with our Returns Policy.

We reserve the right to cancel an order, or part thereof, at any time if:

• i. all or some of the products in the order are out of stock;
• ii. there is an error in the listing of the product;
• iii. the Order that has been placed is in breach of these Terms;
• iv. you have not provided us with all the information required to process your order, including any prescription information, or we have not been able to verify information provided to us by you.

If your order is cancelled by Us, We will provide you with notice that your order has been cancelled and provide a full refund to your original payment method, including any additional associated fees and charges.

8. INFORMATION REQUIRED TO PROCESS AN ORDER

Once You have selected the products which You would like to purchase, You will be asked if you consent to creating a profile with Us using your details. Creating a profile is not required for all purchases; however, a profile helps us to facilitate the checkout process and retain your purchase history for future orders on the Services. For more information on how we keep and manage your personal information please refer to our Privacy Policy.

For prescription purchases and health care related services and purchases, we are required by Law to collect personal details. Please refer to our Privacy Policy for details on how we collect, keep and manage your personal information.

9. INVOICES AND RECEIPTS

After placing an order with us online you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order you have submitted. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations. After placing an order with us in store, you will receive a purchase receipt/tax invoice. The receipt sets out the final details of the order you have made. Please take care when placing your order, as you will be unable to add to or amend your order after your receipt is generated.

10. FRAUD AND RISK ASSESSMENT

We have measures in place to verify the legitimacy of purchases for the safety of our customers. We may contact you via the details provided to verify your purchases and reserve the right to cancel any Order that we are unable to verify or is in breach of our Terms.

11. ORDER COLLECTION OR SHIPPING AND DELIVERY

We will only deliver Goods ordered through the Services to a location where we provide delivery services. The goods will be delivered by a carrier to the delivery address specified by you during the order process.

We have multiple distribution centres globally as such, You may receive multiple deliveries for your Order. If this is the case, you will be provided with the tracking details for each delivery via your nominated email address.

We will do our best to arrange delivery of your goods within a reasonable time of ordering. For orders placed online, we will provide you with tracking information if your item has tracking. Please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only.

We aim to dispatch all products within 14 days of the date of your order, subject to validation of any prescription details or missing order details. Please note we do not guarantee the availability of products or dispatch times.

For complex prescriptions or made to order prescription orders, we may take up to eight weeks to make and ship your order.
We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.

Deliver to your nominated address:

• If You select delivery to your nominated address, You are responsible for providing the correct delivery details at the time of order. If incorrect delivery details are provided, we will make reasonable attempts to rectify the details, however we are not liable for any loss or damage as a result.
• If a delivery is unfulfilled by the courier your order will be returned to the warehouse. You will need to contact customer care or the store of purchase and provide them with the receipt number to organise redelivery or collection from store. Any associated additional shipping fees will be at the expense of the customer.
• If we determine that your order is lost in transit or returned to sender, then a replacement order will be arranged in store.

Collect in Store:

For orders that you have selected to collect in store you are responsible for collecting your order within the agreed collection period when placing your order.

Uncollected goods are dealt with in accordance with our Returns policy. Unless outlined in the Terms, Orders that are not collected within 30 calendar days from the order arrival date, will be returned to the warehouse. We recommend collecting your order as soon as possible if you wish to enjoy the benefit of our Change of Mind Policy, as this commences from the order arrival date, not customer collection date.

Any deposits or payments made in store are dealt with Returns Policy. Any deposits or payments made in store are non-refundable, even when goods remain uncollected, except as outlined in this policy.

Please inspect your products as soon as possible after delivery for any damage, defects or discrepancies. If there is a problem with your order, please contact us as soon as possible.

12. RISK AND TITLE

The risk of loss and title for any item ordered from us passes to you upon our delivery of your items to the shipping carrier, or alternatively upon your collection of any goods from our stores.

For Goods that have been returned or exchanged by You, title does not transfer to Us for returned or exchanged items until the item arrives at our fulfillment center or it is returned into store. Please see Our Returns and Exchange policy for more information about returning or exchanging the goods.

13. RETURNS AND CHANGE OF MIND

For details of our Returns Policy, including for change of mind, please review our Returns Policy here.

14. WARRANTY POLICY

For details of our Warranty Policy, please review our Warranty policy here.

15. PRIVACY

We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand Luxottica’s use and treatment of your personal information. By placing an order, you agree that you have read and agree to the Privacy Policy.

16. LIABILITY

Subject to the remainder of this clause, and to the extent permitted by law, Luxottica’s liability under these Terms of Sale or in relation to any order shall be limited to the amount paid for the relevant product/s or service/s purchased by you. Luxottica will not be liable to you for any indirect, punitive, incidental, special, or consequential loss or damage arising out of or in any way connected with:

• incorrectly entered prescription information;
• your improper use of the products you purchase;
• loss or damage you may suffer under or in connection with any Contract or these Terms of Sale, including any loss of income or profits, loss of data, loss of goodwill or loss of opportunity;
• any intentional or negligent act or omission by you or your improper use of the products.

Luxottica does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury arising from the negligence of Luxottica, its directors, employees, affiliates or other representatives.

Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control.

Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

Nothing within these Terms of Sale shall limit or affect your statutory rights under the Australian Consumer Law.

17. FORCE MAJEURE

We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor (Force Majeure).

If Luxottica has already fulfilled its obligations under any contract in part or in full at the time of a Force Majeure event, We will be entitled to charge you for that fulfilled part unless your obligation to pay is prevented by the Force Majeure event in which case you will pay immediately once the Force Majeure event has passed.

18. WAIVER

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or fault. Delay in exercising or failure to exercise a right or remedy under these Terms of Sale shall not constitute a waiver of the rights and remedies under these Terms of Sale.

19. SEVERABILITY

In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.

20. OTHER IMPORTANT TERMS

All notices given by you to us must be given to Customer Service [link here]. We may give you notice at either the email or postal address you provide to us when placing an order.

The Terms of Sale, together with our Additional Policies, and any document expressly referred to in them or agreed in writing between us, constitutes the entire agreement between us in relation to these Terms of Sale.

We may transfer, assign, charge or sub-contract any of our rights and obligations under these Terms of Sale, as may be reasonably required by us, at any time during the term of the contract with us, and will use all reasonable endeavours to inform you in advance of any such assignment.

21. JURISDICTION

These Terms are governed by applicable laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia, as your transaction is deemed to have taken place here.

22. CONTACTING US

If you have any questions or concerns, please contact please contact Customer Care on 1800 626 300 (Australia) or 0800 444 539 (New Zealand). Alternatively you can contact us via email.