Occhio Eyewear Terms and Condition
- In these Terms and Conditions “we” and “us” mean Occhio Group Pty Limited ABN 85 108 890 062 Shop 3/234 Brunswick Street Fitzroy 3065 Victoria Australia, and “you” means you the customer.
- These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity to Transact
- If you are under the age eighteen (18) years you can not place orders with Occhio Group.
- By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
- Should Occhio Group suffer any damage or other losses as a result of a transaction entered into by a minor, Occhio Group reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Occhio Group.
Placing Your Order
- You may place an Order by filling in the Order Form on the Occhio Group Web Site and clicking the “Submit My Order” button.
- When you place your Order, we will issue you with an Order Number. We will do this by email.
- By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
- Information contained on the Occhio Group website constitutes an invitation to trade. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Occhio Group will make every effort to supply Products to you.
- We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Occhio Group and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
- If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods and Processing
- Occhio Group currently accepts Visa, MasterCard and American Express only.
- Payment processing will not begin until we receive all the information we need.
- Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
- Business days are Monday through Friday, excluding Victorian Public holidays.
- We process credit card payments after you click the “Submit My Order” button.
- For credit card payments we will email a tax invoice receipt to you with your Order Confirmation. Your tax invoice receipt is your proof of purchase.
- Occhio Group reserves the right to add a service charge on all credit card transactions
- The fee charge will always be displayed with the appropiate credit card used for any payment to Occhio Group.
Occhio Group purchases include GST unless otherwise stated on a Product listing.
Occhio Group reserves the right to change prices for Products displayed at Occhio.com.au at any time without notice.
MRRP – Manufacturer’s Recommended Retail Price
The MRRP is the sale price suggested by the manufacturer or distributor of merchandise.
- The Manufacturer’s Recommended Retail Price (MRRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion.
- In cases where a product is an exclusive offer available only on Occhio.com.au, MRRP may indicate the retail price of a product with similar features and specifications.
- Customers should note that the MRRP is the applicable indicative price at the time of listing, and may not reflect current market conditions.
- Customers are encouraged to compare prices via comparative price shopping engines online and through various other means in order to find the best deal. MRRP is not the same as ‘street price’ – Street Price can be broadly defined as the price at which the item actually sells in the free market.
- Occhio.com.au is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.
Supply of Your Products
- Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
- When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery of Your Products
- Delivery time takes up to 7 working days from the date your payment is received.
- Where you have purchased a Product that is to be dispatched outside Australia it may take up to 3 weeks.
- In all instances estimated delivery times will be displayed at the check out for your Product.
- Occhio Group makes every effort to deliver your Product according to the estimated delivery times provided by Occhio Group at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Victorian Public holidays.
- Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at email@example.com
- We encourage you to visit the “Your Account” section on our website to view the delivery status of your Products.
- Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
- We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
- Title and risk of loss to all Products will pass to you on delivery.
- Under the Occhio Group Limited Warranty we may credit “Your Account” with a Refund Credit from time to time. Occhio Group will only provide Refund Credits under the Terms and Conditions detailed under “Your Rights to Return A Product”.
- Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:
- Any (applicable) Coupon and/or Occhio Dollars that may be in your in “Your Account” credit facility must first be applied towards payment of the Product (or Products);
- In the event that (any applicable) Coupon and/or Occhio Dollars are insufficient for full payment of the Product (or Products), you must apply your Refund Credits towards the outstanding balance due on the Product (or Products); and
- Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
- In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by Visa, MasterCard or American Express.
- You can only request to redeem the full amount of your Refund Credits held in “Your Account”. To redeem your Refund Credits contact Occhio Customer Service. We will only redeem Refund Credits by a cheque sent to your mailing address.
Your Rights to Return A Product
No refunds, credits or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Dead On Arrival Products – “DOA”
- An Occhio Group Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
- An Occhio Group Customer Service member will determine whether the Product is DOA. Where a Product is determined as DOA we will arrange to replace the Product.
- Refunds will only be offered where a replacement Product can not be provided.
- Where Occhio Group has determined that a Product is DOA, return shipping will be arranged at the expense of Occhio Group.
- If the Product is deemed by Customer Services NOT to be DOA, Occhio Group may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
- When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
- When a refund is given, the returned DOA Product becomes our property.
- Occhio Group reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Occhio Group will impose a $45 handling and administration fee.
Product Problems after Delivery
- If your item arrives DOA (Dead on Arrival) or you find a defect arises after delivery and a valid claim is received by Occhio Group Customer Service within 10 working days of delivery, Occhio Group will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 10 working day period Customer Service Management will consider each claim on a case by case basis on its merits.
- Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
- We will make arrangements with you for the return of the Product.
- The delivery time for replacing the Product will be the same as stated for the original Product.
- Replacement Products are provided with the same Warranty as the returned Product.
Return Authorisation Number – A Must Have
- A Return Authorisation Number (RAN) is required for both replacement Products and refunds.
- Where Occhio Group Customer Service has provisionally determined that a Product is DOA, Occhio Group Customer Service will issue you with a RAN.
- Products can not be returned without a RAN.
- The Product should be returned to Occhio Group, Shop 3, 234 Brunswick Street Fitzroy 3065, Victoria Australia within 30 calendar days of the issuance of the RAN.
- All Products must be packed in the original, unmarked packaging including any accessories, case, manuals, documentation and registration that was shipped with the Product.
Organising the Return of DOA Products
- DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
- Where you received a DOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing a RAN which you must affix to the Product. You must then leave the Product at any Australia Post Office.
- Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
When a Replacement Product is arranged
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
- The delivery time for the replacement Product will be the same as stated for the original DOA Product.
- Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged
- Refunds include all shipping and associated costs for the DOA Product.
- No refund will be given to you until Occhio Group has received the DOA Product from you in its original packaging with all accessories.
- Refunds will be issued by cheque or a credit to “Your Account” with Occhio Group. Where a credit is organised for “Your Account” you have the option of cashing-out “Your Account” at any time.
Some Products – Manufacturer Only Warranty
- Some Products sold through Occhio Group are serviced and supported exclusively by the manufacturer in accordance the warranty information provided on the listing.
- For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Occhio Group will replace the item or issue a refund of your purchase price for that item.
Your Data – Use and Protection
- By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Occhio Group Products that may be of interest to you.
- If you do not agree to our using such data in order to provide you with information on other Occhio Group Products, you should indicate your non-agreement on the appropriate section of your Order Form.
- You may obtain a copy of the data held by us concerning you on request in writing.
- We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
- Please refer to our Privacy Statement.
Credit Card Fraud
Whilst Occhio Group employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Occhio Group will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
- You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Occhio Group. Any unauthorized assignment shall be deemed null and void.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Occhio Group for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Occhio Group, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
- Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
- Occhio Group reserves the right to change the Terms and Conditions of sale at any time without notice.
- No Occhio Group employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Occhio Group shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Occhio Group, and Occhio Group shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
Privacy and Security
The National Privacy Principles
We are bound by and comply with the National Privacy Principles, as provided in the Federal Privacy Act 1988.
Collecting Personal Information about You
- At Occhio.com.au we only collect personal information that is necessary for us to conduct our business as an online provider of goods.
- The personal information we collect will include information you give us when you place an order for the purchase of a good we supply. We may also collect personal information about individuals who are not customers of our business, but whose personal information is given to us by those individuals or other people in the course of a transaction. This personal information will include your name, address and contact details, and may include other personal information about individuals we collect in the course of a transaction.
- We may also collect some information from you when you use our website www.occhio.com.au. Your use of the information and services available through our website will determine the type of information that we collect about you.
- The only personal information that we collect about you when you use our website is what you tell us about yourself, for example, when you complete an online form when placing an order, or information you provide to us when you send us an email. Please note we will record your email address if you send us an email.
Using and Disclosing your Personal Information
- We respect your privacy. Any personal information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our business as suppliers of goods.
- Please be assured we will not disclose information about you unless the disclosure is required or authorised by law, you have consented to our disclosing the information about you, or for another purpose (related to the primary purpose of collecting that information) that you would reasonably expect.
- We may also use your personal information to provide you with information about other services offered by us. However, the only information that you must provide is your name and payment details (where applicable). If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
- We do not engage in unsolicited telephone or email marketing. In particular, if you are contacted by telephone by an individual or organisation claiming to represent Occhio.com.au – do not purchase from the organisation as we have a strict policy against telephone marketing.
Access to Your Personal Information
- In most cases you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the National Privacy Principles.
- We encourage all requests for access to your personal information to be directed to the Privacy Officer Occhio Group by emailing us or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
- In some cases, we may refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful (e.g., where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients); have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity.
- We will also refuse access where the personal information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access we will provide you with reasons for our refusal.
Correcting Your Personal Information
If you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Securing and Storing Your Personal Information
- We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration.
- In our business, personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information. Likewise, we take all necessary measures to ensure the security of hard-copy information.
Disposal of Personal Information
Once your transaction is finalised, both the electronic and hard-copy information is securely archived. After a period of 7 years both the electronic and hard-copy information is destroyed.
For more information or to complain about a breach of your privacy
If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact us by email, fax or post:
Email us: firstname.lastname@example.org
Post: The Privacy Offer, Occhio Group.com.au, Shop 3, 234 Brunswick Street, Fitzroy 3065 Victoria Australia
- If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner’s website at www.privacy.gov.au