TERMS AND CONDITIONS OF SALE

ABOUT THESE TERMS AND CONDITIONS OF SALE

The following terms and conditions of sale (the “Terms of Sale”) will apply to all purchases made through the website at oakley.com.au (the “Website”). The Website and the goods supplied through it are provided by Luxottica Retail Australia Pty Ltd (ABN 26 000 025 758), a company incorporated in Australia with registered place of business at Level 34-36, 1 Denison Street North Sydney NSW 2060 (referred to here as “We”, “Us”, “Our” and “Luxottica”). When We refer to “You” and “Your” We mean you, the user of the Website and purchaser of goods.

The purchase of item(s) through the Website implies the acknowledgement and acceptance of Our Terms of Use (“TOU”), Shipping Rates, Returns and Exchanges Policy, Warranty Policy and Privacy Policy (together “Additional Policies”). By agreeing to these Terms of Sale You also agree to the Additional Policies, all of which form part of the legally binding contract between Us and You. We invite You to read these Terms of Sale and the Additional Policies carefully before purchasing any item from the Website.

Luxottica reserves itself the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Website. We invite You to check the Terms of Sale and Additional Policies posted on the Website before each order – so as to evaluate and accept the changes occurred since Your last visit. If You have any questions or requests about the Terms of Sale, any of the Additional Policies, the goods or the Website, please contact Us by e-mail at customercare@oakley.com.au. Any variation of this Terms of Sale requires Our written confirmation.

Please note that these Terms of Sale and Additional Policies do not affect or limit Your statutory rights as a consumer, in accordance with Australian Consumer Laws and all other mandatory laws applicable in Australia. Further information about your rights under Australian Consumer Laws can be found in the Returns and Exchanges Policy.

PART A – INFORMATION ABOUT THE WEBSITE AND THE GOODS

This PART A sets out some important information about the Website and the goods which are offered for sale on the Website.

INFORMATION PROVIDED ON THE WEBSITE

We try to make sure that all information on the Website, including descriptions of Our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if We believe 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 provides for a different shopping experience than buying in-store. In particular, You should be aware that:

• the colours of the item(s) as shown on the Website will depend on many factors – including Your display settings;
• the actual sizes and shapes of the item(s) may differ from how they appear on Your screen. Please note that all relevant technical information is provided for each item on sale on the Website;
• pictures and images on the Website 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;
• all goods are subject to availability and We may not be able to supply Your order. We reserve the right to withdraw any goods from sale at any time;
• We will do Our best to arrange delivery of Your item(s) within a reasonable time of ordering, in line with all applicable laws as well as the present Terms of Sale; please note, however, that all tracking information is provided to Us by Our delivery service provider and are estimates of delivery times only. Actual delivery dates may vary. Further delivery details may be available on Our delivery service provider's tracking website. Please see PART B below for more information about delivery; and
• 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, items and special offers at Our discretion on this Website, in accordance with all applicable laws and regulations. Any such change will not affect orders that have already been placed by You, even prior to Our acceptance.

We will do Our best to check the Website for viruses but We do not warrant that the Website is free of viruses or other malicious content for Your personal computer, tablet, smartphone or any other device You will use. For Your own benefit, you should make sure that You have appropriate software and systems in place to check for viruses and other malicious content on the internet. This is without prejudice to the terms spelled out in the TOU.

AVAILABILITY

We have the right at any time to modify or stop providing the Website as well as the right to stop selling any or all item(s) through it, either temporarily or permanently, with or without notice. We shall not be liable to You for any modification, suspension or discontinuance of availability of the Website.

SECURITY

It is Your responsibility to ensure that any login details or password and all other details in relation to Your account remain confidential at all times. You agree to let Us know as soon as possible if You know or reasonably suspect that the security of Your account is at risk. We remind You that, without prejudice to the terms of the Privacy Policy, upon registration on the Website, You will be asked to provide complete, up-to-date and true information, as it is expressly prohibited to use names, credentials or profiles which do not relate to Your real personal identity.

PART B – BUYING GOODS

This PART B sets out the terms that apply to Your purchase of goods from the Website.

PLACING YOUR ORDER

• Once You have selected the items which You would like, You will be asked to register Your personal details with Us by completing a registration form. Registration is not required; however We encourage registration in order to facilitate the checkout process during future orders on the Website. You always have the option to complete Your order as a “guest” without registering on the Website. You will also be asked to provide details about Your debit or credit card or any other payment method in order to allow Us to take the payment after Our acceptance of Your order. The display of the item(s) on the Website and the request to provide such detail and information do not constitute a contractual obligation for Luxottica to provide the goods until the order has been fully accepted, in accordance with the following terms.
• To verify that Your details are correct and to administer the payment on Our behalf, Luxottica uses an external third party service provider to process Your payment. Your personal details, including Your credit card details, will be transferred to and held by such third party payment processor or such other parties We may use to conduct fraud checks. We do not hold credit or debit card details Ourselves. By submitting Your order, You specifically consent to Your data being transferred for such purposes. Your data will be treated in accordance with the terms of the Privacy Policy without prejudice to all other mandatory provisions which may be applicable in Your country of residence.
• Should We find any inaccuracy during Our verification of Your details or a discrepancy in Your credit or debit card information, the purchase process can be delayed, suspended or interrupted.
• After placing an order through the dedicated section of Our Website, You will access a confirmation webpage, summarising Your order, and receive an order confirmation email (together the “Order Confirmations”). You should carefully review all details and information indicated in the Order Confirmations, verifying that they match Your intentions. You will be able to add to or amend Your order after We send the Order Confirmations for one hour after the Order Confirmations by contacting Our Customer Service at 1 800 414 011 (AU).
• The Order Confirmations contain details of the items You have ordered, the total cost of the order including delivery and an order number.
• The Order Confirmations is Your commitment to buy the goods and an authorisation to charge the corresponding price on the credit or debit card, subject to Luxottica’s confirmation and acceptance of the order.

PERSONALIZED OAKLEY PRODUCTS

• Oakley custom products are offered for personal use only, and are not to be used for any commercial gain. We reserve the right to refuse any orders that contain wording or symbols We believe in Our sole discretion to be inappropriate, infringing of other's rights or disparaging to the Oakley brand in any way. By ordering a custom Oakley product, You agree to take full responsibility and to indemnify Us for any claims made by a third party that any part of the personalization created by You infringes the rights of or otherwise damages the third party.
• Customized Oakley products (glasses and accessories) may not be returned for change of mind: You will not benefit from a right of withdrawal, because they are personalised and have been custom made for You. Your rights under Australian Consumer Laws continue to apply.

ORDER ACCEPTANCE

• All orders summarised in the Order Confirmations are subject to acceptance by Luxottica which reserves itself the right to accept the order in relation to all or only to part of the items indicated in the Order Confirmations
• Successful acceptance of Your order will be communicated to You by sending You an email with confirmation of Your contract and subsequent shipping of the purchased items (the “Shipping Confirmation”). Your contract with Luxottica, will thus be treated as entered into on the date of the Shipping Confirmation email and it will refer exclusively to those items listed in the Shipping Confirmation.
• The Shipping Confirmation will contain a copy of these Terms of Sale, the information regarding the right of returns and the form to exercise it, as well as the receipt of Your purchase which will precisely indicate the GST paid for such transaction. The receipt will act as proof for the purchase of the items and can be at any time retrieved on the Website under the section “Order History”. We strongly suggest You print out a copy of the receipt, together with a copy of the present Terms of Sale and of the Additional Policies, and to keep them safe. Should You need to contact Us in relation to Your order, You may need to expressly refer to these documents.
• Although We hope to be able to supply all goods ordered, We reserve the right, at Our discretion and without the need to provide justifications, not to accept any offer at any time before the relevant goods have been dispatched. Should We refuse Your order We will notify You as soon as reasonably possible.

PAYMENT

• We will take payment from Your credit or debit card and PayPal at the time You receive the Shipping Confirmation by email and at the time You place Your order for AfterPay (or any other Buy Now/Pay Later purchases), detailing what items have been shipped from Your order and the cost to ship these items (the “Email”). If Your order is split into multiple shipments, We will charge You only for the items actually shipped at that time. The Email will include information of the items actually shipped at that time only, a summary of these terms and conditions, information on the purchased goods, on the right of return, on the methods of payment and on the applicable taxes, and all information We are required to provide by law. We will contact You if We have any problems taking payment from the card details You provide during the order process. Should the payment not be successful or performed, Luxottica is exempted from delivering the item(s), without prejudice to any other applicable remedy and right.
• All prices shown on the Website are inclusive of GST and other applicable taxes. We do not charge You any fee for delivering the items to Your shipping address, unless you choose express delivery and subject otherwise to the specific terms in relation to the delivery of the items set forth in the Shipping Information.
• Except where otherwise set out in these Terms of Sale, the price payable by You for the goods is the price given in the relevant Order Confirmations at the time You place Your order.

PRICING ERRORS

• Whilst We try to ensure that all the prices on the Website are accurate, errors may occur. If, before Our acceptance of Your order as indicated by the Shipping Confirmation, We discover an error in the price of the goods You have ordered We will inform You as soon as reasonably possible unless differently provided according to the applicable consumer law. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order.
• If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You by email.
• This is without prejudice to all the rights and provisions which are applicable to You as a consumer, in accordance with any mandatory and applicable consumer law.

DELIVERY

• The Order Confirmations will include general information about Your order and will include an estimated delivery date for Your goods. The Email will include such estimated delivery date as well as a tracking number that You may use to track Your order on Our delivery service provider's website and confirm when the item is delivered.
• Delivery will take place at the delivery address in Australia as specified by You during the order process. Note that if You purchase an item on the Website, You may only indicate a shipping address located in Australia. Such limitations are exclusively due to actual, logistical and organizational reasons.
• In relation to all items sold through the Website, Luxottica offers Free Shipping on all orders within Australia. We estimate that Orders can be delivered in approximately 5 business days (including Saturdays) starting from the day We send out Our Shipping Confirmation (hereinafter, "Shipping Day"). This term is extended to 7 business days for customized items and 10 days for accessories and apparel. Orders will be delivered at the latest, within 30 days from the Shipping Day or, if shorter, within the maximum delivery period required by mandatory applicable laws and regulations. All shipments are fully insured for any loss, theft or damage during transit. Shipment to P.O. boxes is not possible.
• If You have purchased an Oakley customised item, customised frames are tailor-made to Your specifications and therefore require a longer processing time. Usually customised orders are delivered within 5 business days (including Saturdays) starting from the Shipping Day.
• In the Shipping Confirmation We will confirm the carrier’s details and the tracking number as soon as Your order is shipped. You can track the delivery status of Your order at any time through Your My Account page on the Website.
• For all delivery enquires please contact Us at customercare@oakley.com.au
• Once the goods have been delivered to You and You have taken possession of them, You become owner of those goods and from that moment on You will bear any risk for loss, theft or damage, in accordance with all applicable laws and regulations. Upon delivery You will be required to check the condition of the order and whether the correct number of items have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let Us know about any damaged, missing and/or incorrect goods in accordance with these Terms of Sale and Additional Policies (as applicable).

PART C – CANCELLING YOUR ORDER AND RETURNING GOODS

Right of return. We offer You the right to withdraw from the contract for any reason within a 14-day return period from the date of delivery, allowing You to cancel Your contract within up to 14 days after You acquire physical possession of the item(s). The right of withdrawal can be exercised in relation to one or more delivered items, except for customized items.

In case of withdrawal and return of the items, You are asked to take reasonable care of the items and to return all unwanted goods to Us at Your cost. We invite You to read Our Returns and Exchanges Policy for more information about Our 14-day return period and returning the goods. You may exercise these rights using the procedure set out in Our Returns and Exchanges Policy.

Faulty goods. If You find the goods that have been delivered do not materially conform with their previously given description in the Order Confirmations, are incomplete or damaged or are faulty and We cannot remedy the issue or fault to Your reasonable satisfaction then these goods can be returned without prejudice to other rights granted to You by applicable laws. We invite You to carefully read Our Warranty and Returns and Exchanges Policies for more information about returning the faulty goods or those purchased items which do not correspond to those described in the Order Confirmations and confirmed in the Shipment Confirmation.

Returns and new shipping costs will be covered by us. Exchanges are available for items, of the same price, in their original condition and packaging, within 14 days of the initial purchase. Custom and prescription items are not included.

PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

END USE ONLY

• Goods sold on this Website are for consumers' private end use only and not intended for resale or commercial distribution. You represent that You are purchasing goods as a consumer.

GUARANTEE

• Details of Your guaranteed rights in respect of each product type are set out in Our Warranty Policy. These guarantees are in addition to and do not limit Your statutory rights as a consumer under Australian Consumer Law and as granted by all mandatory laws and regulations applicable in Australia.

EVENTS BEYOND OUR REASONABLE CONTROL

• To the maximum extent allowable by law, 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 unforeseeable, irresistible and beyond Our reasonable control such as an accident, government legislation, court order, official sanctions or embargo, industrial action, fire, flood, adverse weather, natural disaster or any other act of God.

WAIVER

• Delay in Our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of Our rights and remedies under these Terms of Sale.

INVALIDITY

• 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 as far as possible continue to have effect and You will still be bound by them.

PRIVACY

• Personal information, such as Your contact details, that You provide to Us during the order process will be kept and used by Us in accordance with Our Privacy Policy.

CONTACT US

• You may contact Our customer services and warranty department regarding faulty products, returns and replacement parts on 1800 414 011 (online enquiries) and 1800 625 539 (In-store Enquiries) or email Us at customercare@oakley.com.au.

GOVERNING LAW

• This agreement is governed and shall be construed in accordance with New South Wales, Australian law without prejudice to Your rights which cannot be otherwise excluded.