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Website terms and conditions

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Quay Eyeware Inc. uses cookies to deliver our online services. Details and instructions on how to disable those cookies are set out here. By continuing to use this website you agree to our use of our cookies unless you have disabled them.

WEBSITE TERMS AND CONDITIONS

In these terms and conditions, "we" "us" and "our" refers to QUAY EYEWARE INC. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

PRODUCT DESCRIPTIONS

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any error, we reserve the right to correct any error or omission.
  2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true color nor that any given image will reflect or portray the full design or options relating to that product, many of our lenses are mirror which cannot be replicated 100% on a website.

PRODUCT ORDERS

  1. We endeavor to ensure that our product list is current however we give no guarantee as to the availability of any product advertised on our website. 
  2. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time, but any changes will not affect orders we have already accepted.
  3. Packaging and postage is an additional charge, calculated at time of purchase.
  4. We will require you to pay the postage back and the re postage fee. Product needs to be unworn, and sent back with all original packaging, within 15 days of receiving the goods.
  5. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. This information will be governed by our Privacy Policy;however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  6. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
  7. All risk of loss or damage to the goods passes to you when we provide the goods to the delivery service.
  8. If you decide to enroll in our loyalty program, you may qualify for additional benefits:
    • A credit equal to the amount of the enrollment fee;
    • A thank-you gift for completing the enrollment process;
    • Free shipping after enrollment;
    • Ability to earn credits of 20% of your purchase price towards future purchases.

Our loyalty program automatically renews on an annual basis, but you can cancel at any time by following these steps:

  • Logging into your account at Quayaustralia.com
  • Clicking “Manage Subscription” on your account page
  • Click “Actions” next to your Quay Club membership
  • Select “Cancel” from the dropdown menu

Our loyalty program has the following restrictions and any member not abiding by these terms and conditions, or the restrictions may not be eligible for the program moving forward:

  • Loyalty program members can only earn up to $100 in credits per order when using the “Ability to earn credits of 20% of your purchase price towards future purchases” benefit for applicable purchases. This benefit can only be used on one order in any 24-hour period. 
  • Loyalty program members can only redeem up to $100 of credit on any one order during any 24-hour period. Credits never expire.

ORDER CANCELLATION DUE TO ERROR 

  1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will issue a refund to your credit card for the total amount debited. Note that the credit may not appear on your credit card statement until the next billing cycle.

PRODUCT RETURNS

  1. We will replace r any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated "contact us" webpage where we set out our requirements relating to return of such goods.
  2. If we are unable at the time of return to replace or exchange returned goods, we will issue a refund to your credit card for the amount initially debited for the purchase including packaging and postage charges.

SITE ACCESS

  1. When you visit our website, we give you a limited license to access and use our information for personal (non-commercial) use. For clarity, the website includes the website and its related features and services (e.g., our text messaging services).
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted by law, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The license to access and use the information on our website does not include the right to use any data mining robots, scrapers,  or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

HYPERLINKS

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

INTELLECTUAL PROPERTY RIGHTS

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

DISCLAIMERS

  1. While we have taken all due care in providing the information on our website, OUR PRODUCTS ARE PROVIDED “AS IS” AND WE DO NOT PROVIDE ANY WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also commercially available tools to check our website for any virus, worm, Trojan horse and/or malware, however We Are Not Responsible For Any Damage To Your Computer System Which Arises In Connection With Your Use Of Our Website Or Any Linked Website.

 CONSUMER RIGHTS 

  1. If you are a consumer within the meaning of U.S. federal or state law of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
  2. We will repair or replace the goods or any part of them that is defective; or
  3. Provide again or rectify any services or part of them that are defective; or
  4. Wholly or partly recompense you if they are defective.
  5.   If we are unable to deliver the products you ordered by the stated delivery date, we will offer you a choice to extend the delivery date or receive a full refund.

LIMITATION OF LIABILITY

  1. THE EXTENT PERMITTED BY LAW, QUAY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE WEBSITE). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUAY IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITE (INCLUDING THE WEBSITE AND ALL MATERIALS, VIDEO STREAMS, INFORMATION, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, THIRD PARTY INTERACTIONS, MOBILE FEATURES, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE); (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY QUAY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE WEBSITE; OR (E) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF QUAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT QUAY WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

INDEMNITY

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

FORCE MAJEURE

  1. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control. 

JURISDICTION

  1. These terms and conditions are to be governed by and construed in accordance with the laws of the State of California and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in state and federal courts located in San Francisco, California and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

PRIVACY

  1. Our compliance with privacy legislation is set out in our separate Privacy Policywhich may be accessed from our home page.

TEXT MESSAGES

  1. As part of our website, we operate text messaging services and may send you text messages. This includes a text messaging service for marketing and cart reminders (“Quay Marketing SMS Service”). If you have opted into the Quay Marketing SMS Service, you will receive promotional marketing messages including cart reminders. If you have opted into another text messaging service offered by Quay, you will receive text messages with updates, alerts, information, etc. We do not charge for these services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
  2. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in or if we are otherwise permitted to send you text messages, we may send you text messages with updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) through your wireless provider to the mobile number you provided. Message frequency varies.
  3. Text the single keyword command STOP to [314-54] to cancel text messages from the Quay Marketing SMS Service at any time. You'll receive a one-time opt-out confirmation text message.  For support or assistance related to text messages from us sent via the Quay Marketing SMS Service, text HELP to [314-54] or email [email protected].
  4. If you have subscribed to other mobile message programs from us and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
  5. We may modify or cancel our text messaging services or any of their features without notice. We may change any short code or telephone number we use to operate our text messaging services at any time and will notify you of these changes. YOU ACKNOWLEDGE THAT ANY MESSAGES, INCLUDING ANY STOP OR HELP REQUESTS, YOU SEND TO A SHORT CODE OR TELEPHONE NUMBER WE HAVE CHANGED MAY NOT BE RECEIVED AND WE WILL NOT BE RESPONSIBLE FOR HONORING REQUESTS MADE IN SUCH MESSAGES.
  6. The wireless carriers supported by the text messaging services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 
  7. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE TEXT MESSAGING SERVICES, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT MESSAGING SERVICES.

 

 

Last Updated: June 23, 2021