- You may have other rights granted by law including your statutory rights as a consumer, and these Terms do not affect those rights.
- No binding contract will exist between us until we have accepted your order and confirmed the availability of the product by a return reply via email.
- All goods are sold subject to availability.
- These Terms supersede all previous verbal or written statements and agreements relating to the goods and/or services. All information contained in our sales literature or correspondence is provided for guidance only and does not form part of this contract, unless we agree otherwise with you in writing.
- None of our representatives, agents or salespersons has authority to vary, amend or waive any of these Terms on our behalf and no amendment or addition to any of these Terms shall be deemed to have been accepted unless we agree otherwise with you in writing.
Description of Goods and Services
- A description of the goods is mentioned on our website. Whilst we will attempt to ensure that there are no changes to the goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the goods.
- When ordering, you must provide us with details of the relevant prescription that is to be applied to the goods. All prescriptions provided to us must have been given to you by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him or her within the last 2 years.
- We will rely upon the prescription provided by you and the goods provided will contain lenses matching the prescription that you submitted.
- If you are unsure of the relevant prescription to be applied to the goods, please consult a registered medical practitioner or registered ophthalmic optician before placing an order.
- Unless you state otherwise, we use an appropriate average pupillary distance 'PD' to complete your order. This PD measurement has been provided by qualified dispensing opticians. By agreeing to these terms and conditions, and unless you state otherwise, you will be agreeing to let us use an average PD of 60mm for single vision reading, distance and bifocal lenses. Optically.co.nz strongly recommend that you consult your optician to obtain your PD before ordering, and provide that number to us when ordering.
- You must be 16 or over to order from Optically.co.nz, and you must not be registered blind, or partially sighted, do not suffer from glaucoma, or ordering on behalf of someone under 16 years of age.
- All varifocal glasses will be dispatched within 28 working days of us receiving them back after the PD markings.
Unless agreed otherwise in writing:
- Delivery of the goods will take place at the delivery address stated on the order form.
- Delivery of the goods will take place within twenty-eight working days. You cannot ask/request us to cancel the order within this period if we have already processed the same.
- Any dates specified by us for delivery of goods are intended to be an estimate and time for delivery is not guaranteed. If no dates are specified, we will endeavour to deliver within a reasonable time.
- If for any reason (not due to our fault) you do not accept delivery of any of the goods in accordance with this paragraph then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).
- Final prices include delivery charges.
- Even though we aim to dispatch orders within 5 working days, this may not be possible for complex prescriptions. Our ophthalmologists will decide whether a prescription is complex or not. Their decision will be final and binding. The maximum time required for delivering a complex prescription is 28 days.
Price for the goods includes any value added tax payable.
- Unless we agree otherwise in writing, you must pay to us the price for the goods when placing your order.
- Payments to us must be made in NZD.
Refund(s) and Return(s)
At Optically.co.nz, we take special care to ensure that our frames exceed the quality benchmark which you would expect them to.
Our Laboratory Technicians & Opticians also maintain stringent tests on every piece at every stage to ensure that your prescription corrects your vision precisely.
This is the reason why we think it would be unfair for our customers to expect a refund from us for lenses made especially as per their prescription. Thus, we do not offer any refund for the lenses component of your order.
We request all our customers to measure the frame size prior to placing the order. However, if after placing the order and receiving the frame you are dissatisfied with the quality or size of the frame, we will refund 50% of the frame cost (excluding optional extras, if any). For example, if the value of the frame ordered is $25 and the value of the optional extras such as thin lenses and tinted lenses is $30, we will refund 50% of $25 i.e. $12.5. Please note, postage charges are not refundable. All refunds (if applicable) will be processed within 30 days of us receiving the glasses back.
Our packaging and logistics department ensure that the frames are carefully packaged. We assure our customers that our lenses cannot be damaged during transportation. We therefore will not make any refunds for claims which state that the glasses were broken in transportation. At Optically.co.nz, we take every effort to provide high-quality spectacles at the lowest possible New Zealand prices.
Your Rights to Cancel this Contract
If this contract has been made between us by telephone or correspondence (including e-mail) without any face to face contact having occurred between us, then you will have a 7 day period from the date when the order is placed in which to cancel this contract. This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).
Responsibility for and Ownership of Goods
You will be liable for any loss or damage to the goods from the time of delivery unless such loss or damage is caused by our negligence.
Re-sale of Goods
Goods are sold on the condition that they are not re-sold to the public.
Limitation of our Liability to You
- Important - Your particular attention is drawn to this paragraph 1. Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or any breach of the statutory implied terms as to title of goods or for fraud or any other liability which by law we are not permitted to limit or exclude.
- Our maximum liability (and that of our employees, agents and subcontractors) to you in connection with any physical damage caused to your property through the negligence of us (or our employees, agents and subcontractors) will not in any circumstances exceed $100.
- In all other cases, our total liability (including our employees, agents and subcontractors) whether in contract, tort (including negligence) and breach of statutory duty or otherwise will not exceed the price of the goods and services to which the claim relates.
- In no circumstances will we (or our employees, agents or subcontractors) be liable to you for any business interruption, loss of use, loss of data, loss of profits, contracts, goodwill or anticipated savings.
We will meet our responsibilities under this contract within a reasonable time unless it is impossible for us to do this because of circumstances outside of our reasonable control. In particular we will not be responsible for delays caused by our suppliers.
Contract Personal to You (Your limited right to transfer the contract)
This contract is personal to you. Nobody other than you will be able to benefit from this contract. You may not transfer your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.
Our Right to Transfer the Contract
We may assign or subcontract the contract or any part of the contract to any person, firm or company.
Your Personal Data
We will ensure that our employees, agents and subcontractors shall, at all times, keep the data received from you in relation to this contract confidential and shall only process personal data received from you where necessary to fulfill our obligations under this contract.
- A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
- When you visit our website, we send you a cookie. Cookies may be used in the following ways:
- To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
- To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
- Two types of cookie may be used on this website: session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Any communications between us regarding this contract that are required to be in writing must be sent by first class post, facsimile or delivered by hand. Any written communication will be treated as having been served on the person receiving it 5 working days after posting (if sent by first class post), at the time of transmission (if sent by facsimile and a satisfactory transmission report is obtained) and at the time of delivery (if delivered by hand).
Before sending us your frames, please double check that they comply with the following standards. If you're not sure, give one of our Dispensing Opticians a call on 04 889 2889 and they'll be able to advise you further.
Plastic Frame: There are no small cracks around the rim, which is neither discoloured nor brittle.
Metal Frame: The screws holding in the lenses are not damaged and the metal joints are firmly secure.
Rimless Frame: The lenses are not secured with a 'permanent' nut and bolt.
Note that we will not be responsible for breakage of the frame during fitting of the lenses and will not be liable for breakage of the frame or loss of colour etc. The existing lenses on your glasses are of no use to us, so we will simply trash them unless you want them to be returned. If you want the original/old lenses back, please inform us while placing the order. We will try our best to remove them without damage, but we cannot guarantee the same as many laboratories stick lenses to make the fitting secure and these lenses break when they are removed.