Terms & Conditions
These terms and conditions ("Terms") apply to the entire website under the top level domain name www.specsaddict.com ("Website") and to any contracts entered into with Specs Addict or any of its affiliates ("Specs Addict").
Please read these Terms carefully. You agree to be bound by the Terms by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms you must leave this Website immediately.
These Terms may be updated periodically by Specs Addict. Revisions will be posted to this page at (www.specsaddict.com). You agree to be bound by any revisions.
You may place an order with Specs Addict by completing the order form on the Website and entering and confirming your payment information.
When you place your order, we will issue you with an order number by email.
By placing an order, you make an offer to us to purchase frames or frames and lenses, or other product you have selected, based on these Terms.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any frames with or without prescription lenses or other products, however Specs Addict will make every effort to supply the frames with lenses you may have selected, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. 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; and
- confirming with our suppliers that they are able to supply the frames with or without prescriptions lenses (as the case may be) that you have selected.
If we cannot process or accept your order after payment is received we will contact you by email or telephone as soon as possible.
Specs Addict and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
- is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
- is not properly licenced for use on this Website;
- violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
- constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
- infringes on the rights of a third party in any country in the world; or
- has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Specs Addict website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Specs Addict owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. Specs Addict is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
You warrant that:
- Your prescription is used in accordance with the guidance of your optometrist and has been correctly entered on the “prescription form” on the Website.
- Your pupilary distance is correct and has been correctly entered on the “prescription form” on the Website.
- Your prescription has not expired under the current industry practice applicable in the location from where you obtained your prescription.
Specs Addict is not responsible for any issues arising from you not complying with the above. Nor is Specs Addict responsible if your pupilary distance is incorrectly or innacurately measured by the “Pupilary Distance Measuring Application” on the Website. By placing an order with Specs Addict you agree to this and waive any rights.
Secure Access and Log-In
Specs Addict may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms. Specs Addict has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Specs Addict of any unauthorised use of your password or identification or any other breach or threatened breach of the Website's security.
Payment of Order
If you decide to purchase a pair of glasses or sunglasses frames with or without prescription or non prescription lenses or any other product from the Website, you agree to promptly pay the associated fee (including any customs duties, taxes or any other fee, including a “remote location delivery fee”, that is not set out in this agreement as being covered by Specs Addict). You acknowledge that if you trigger a "chargeback" through your credit card provider Specs Addict reserve its right to no longer conduct business with you.
Returns, Refunds and Exchanges
Disclosure of our returns policy can be found here. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.
Credit Card Fraud
Specs Addict, through our transaction providers PayPal and Skrill (Moneybookers), employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Specs Addict 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 as a result of using this website.
Supply of Products
Subject to these Terms, Specs Addict will supply to you the Products indicated on your order confirmation/invoice. When selecting your frames the images displayed are a representation only, the actual frames may differ to the represented images including colour variations of the frames and/or the lenses. You will be unable to return your frames on the basis that the colour of frames differs from the colour of the frame as represented on the Website. Your ability to return frames is subject to the Specs Addict returns policy, for full disclosure click here.
The delivery of your frames may take up to 14 business days from the date your payment is received.
Specs Addict will use its best endeavours to send your order via registered post with an international courier of our choice. You can expect to receive your order within 4-6 days to major cities, 7-10 days for other destinations and 10-14 days for more remote areas. If you have not received your order after 14 business days please contact us.
Time is estimated in business days only – week-end, holidays, customs clearance, and any other delay, foreseen or unforseen suffered by Specs Addict or the courier company or any of its agents, are not included.
For full disclosure of the Specs Addict shipping policy, please click here.
If your order includes prescription lenses which we do not have in stock your delivery may take longer than 14 business days. While we have a wide range of prescription lenses in stock we cannot guarantee this. If Specs Addict does not have the required prescription lens in stock the delivery of your order may be delayed.
If your order has any further unique requirements that are outside Specs Addict’s usual scope of supply, the delivery time of your order may be delayed.
Specs Addict makes every effort to deliver your frames or other product purchased from the Website according to the estimated delivery times provided at check out.
The estimated delivery times are in business days only (week-end, holidays, customs clearance, and any other delay, foreseen or unforseen suffered by Specs Addict or the courier company or any of its agents, are not included).
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your frames or other product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit the "Your Account" section on our website to view the delivery status and tracking details of your frames or other product.
Unless otherwise agreed by us, we will deliver your frames or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made frames or other product from your local Post Office. Specs Addict suggests that you have your order delivered to your work place if no-one will be at your home during business hours on business days.
Title and risk of loss to all products will pass to you on delivery.
Customs and Duties
Any customs, duties or taxes payable in any location, anywhere in the world, are the responsibility of the customer. Some customs offices will charge a handling fee to process the paperwork for clearing customs, such fee will also be payable by the customer.
Specs Addict will not be liable for any customs, duties, taxes or fees.
Over 90% of orders are delivered without additional customs charges, especially in Australia and New Zealand.
In the UK, VAT or other duty may be charged for which the customer will be liable to pay.
Reviews, Comments and Glasses
Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Specs Addict, including without limitation, glasses frame designs, ideas, know-how, techniques, questions, reviews, comments, snap shots from the Virtual Mirror and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Specs Addict shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Specs Addict. You also grant Specs Addict the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Specs Addict will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Specs Addict or third parties as to the origin of any Submissions or Content. Specs Addict may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Specs Addict has not reviewed these websites in any detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully and respectfully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Specs Addict. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms 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 the remainder of the provisions in question shall not be affected.
Under the Australian Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability to Specs Addict 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 Specs Addict, 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).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
Specs Addict reserves the right to change the Terms at any time.
No Specs Addict employee, agent, distributor, supplier or manufacturer has the authority to vary any of the Terms.
Specs Addict shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Specs Addict, and Specs Addict will be entitled to a reasonable extension of time for the performance of such obligations.
Disclaimer and Liability
Whilst every effort has been made to ensure the information contained within this Website is correct, Specs Addict makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Specs Addict, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Governing law and severability
This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.