Website Terms of Use

Blue Star Eyewear Business Terms and Conditions

ABN: 49618838841

ACN: 618838841

Business address: 16 Coulter Crescent, Northgate, Q, 4013.

Contact phone number: 0401 313 915

Please read these Terms and Conditions carefully before using this Website. By proceeding to access or use the Website, you agree to be bound by these Terms and Conditions as they appear on the Website from time to time. While the information and material contained on the Website is believed to be current and accurate, it is provided by Bluestar Eyewear Pty Ltd in good faith or an “as is” basis. Any amendments made to these Terms and Conditions will be effective immediately upon them being displayed on the Website.

Risk and Title

Blue Star Eyewear Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon the delivery of the products to, or the collection of the products by, a postal or courier service. You should, therefore, consider whether to obtain any suitable insurance in respect of the products.

Capacity

The products on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of eighteen (18) years of age, and to any other persons who are legally prohibited from entering into binding contracts. By making an online purchase you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years of age.

Orders

Orders placed by you in the manner described on the Website are an offer by you to purchase a particular product for the exact price (including the delivery and other charges and taxes) specified on this website at the time you place your order. Blue Star Eyewear Pty Ltd reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on the Website, or an error in your order. Please note that the rejection of any offer by us is at our sole discretion. Your contract with Blue Star Eyewear Pty Ltd only comes into existence when we forward to you confirmation of receipt of your order and payment.

Acceptance of the Goods

The buyer is responsible for inspecting the goods for fault and notifying us within 2 working days of receiving the goods should there be a fault.

Prices

All prices displayed on the Website, including and without limitation, prices of products and services, and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but are subject to availability and may change at any time without notice. There may be duties and taxes added to your package by the destination country, and you will be responsible for these upon delivery as these are not included in your order total. All credit cards are charged in Australian Dollars. Any changes to prices displayed on the Website are at the sole discretion of Blue Star Eyewear Pty Ltd.

Goods And Services Tax (GST) and Other Taxes

Prices displayed on the Website are inclusive of GST applied at the rate of 10%. You are responsible for the payment of any and all taxes, charges, duties, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Website.

Delivery

Please read the “Shipping” information contained below. Please note that delivery times are indicative only and Blue Star Eyewear Pty Ltd will not be liable for any failure to observe these delivery times.

The shipping address for your order is shown at the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made until the order begins processing. Blue Star Eyewear Pty Ltd cannot accommodate all address change requests.

Blue Star Eyewear Pty Ltd takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss incurred due to change of address.

International Customs Charges

Please be aware that some orders may incur a customs or import duty charge. Blue Star Eyewear Pty Ltd does not have any control over these charges and are unable to advise what they will be, as it is based on your own countries regulations and compliances. For more information, please contact your local customs office. All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and Blue Star Eyewear Pty Ltd will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Blue Star Eyewear Pty Ltd will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we are unable to do this.

Refunds

The circumstance in which Blue Star Eyewear Pty Ltd is obliged to make a Refund (if at all) is detailed in the “Returns” information below.

Limitation of Liability

Please be aware that Blue Star Eyewear Pty Ltd will not be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, opportunity, production, revenue, access to markets, reputation, goodwill, use or any

remote, unforeseeable, indirect, or abnormal loss), resulting from use or inability to use the Website; or for the cost of procurement of substitute products; or resulting from any products purchased or obtained or messages received or transactions entered into through the Website; or resulting from unauthorised access or alteration of your transmissions or data or of any information contained on the Website, including without limitation, damages for loss of profits, use, data or other intangible, even if Blue Star Eyewear Pty Ltd have been advised of the possibility of such damage or loss.

Where legislation implies in the Terms and Conditions any term, condition or warranty, and that provision avoids or prohibits terms in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in the Terms and Conditions, however, the liability of Blue Star Eyewear Pty Ltd for any breach of such term, condition or warrant will be limited, at the option of Blue Star Eyewear Pty Ltd, to any one or more of the following:

Replacement of the product or supply of equivalent product;

Repair of the product;

Payment of the cost of replacing the product or of acquiring equivalent products; or

Payment of the cost of having the product repaired.

Warranties and Repairs

All warranties offered are the manufacturers warranties and not that of Blue Star Eyewear Pty Ltd. Warranty periods vary for each product, and are provided by the relevant manufacturer. All repairs are carried out by the manufacturer and not by Blue Star Eyewear Pty Ltd. If a faulty item cannot be repaired, a replacement or refund will be offered. Please note that Blue Star Eyewear Pty Ltd cannot control the availability of parts of replacement goods.

Blue Star Eyewear Pty Ltd has no control over manufacturer repair periods and is not able to advise what they will be. We will however do everything we can to ensure that any faulty item is handled as quickly as possible and that you remain informed throughout the process. If you choose to return goods directly to the manufacturer, Blue Star Eyewear Pty Ltd cannot be held accountable for repair periods or communication from the manufacturer.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Blue Star Eyewear Pty Ltd retains the right to refuse or cancel any orders placed for product listed at the incorrect price. Please also note that Blue Star Eyewear Pty Ltd has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. However, if your credit card has already been charged for the purchase and your order is cancelled, Blue Star Eyewear Pty Ltd shall issue a credit to your credit card account for the amount of the charge.

Viruses

Blue Star Eyewear Pty Ltd does not guarantee that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It remains your responsibility to scan any such information for computer viruses. Please note that Blue Star Eyewear Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused, and whether by negligence or otherwise, which may result directly or indirectly from any such information.

Termination of Access

Blue Star Eyewear Pty Ltd reserves the right to terminate your access to the Website at any time and for any reason whatsoever including and without limitation to a breach of these Terms and Conditions.

Disclaimer

By using the Website and agreeing to these Terms and Conditions, you agree to indemnify Blue Star Eyewear Pty Ltd and its employees, directors, agents, shareholders and other persons involved in the creation of the Website, and hold Blue Star Eyewear Pty Ltd and its employees, directors, agents, shareholders and other persons involved in the creation of the Website against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and or use or exploitation of the Website, or reliance on its contents or information received through it by yourself or any person accessing any content through the Website as a result of any use or exploitation by you of any material posted by any third party or any other website, or both.

Copyright

Unless otherwise indicated, copyright of the information on the Website is owned by Blue Star Eyewear Pty Ltd. All rights reserved. Nothing contained on the Website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.

Governing Law

The Blue Star Eyewear Website is controlled and operated by Blue Star Eyewear Pty Ltd. By accessing the Website, you acknowledge and agree that any disputes in relation to the Website are to be determined by the courts of Queensland, Australia, in accordance with the laws of Queensland, Australia.

Waiver

If Blue Star Eyewear Pty Ltd waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion.

Severance

If any provision of these Terms and Conditions are found to be invalid or unenforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid or unenforceable provisions will be and will continue to be valid and enforceable in accordance with their terms.

Shipping

We deliver within Australia and internationally. For deliveries in Australia and New Zealand, we send all orders with Australia Post Express Post and Express Post International Satchels. We provide you with a tracking number so you can track your order from dispatch right to your doorstep.

For tracking please see http://auspost.com.au/track/track.html

All orders over $60.00 are free express shipping.

 All orders under $60.00 are charged a $10.00 flat rate.

Orders received will, in a majority of cases, will take place the following business day. (payment must be received prior to shipping).

Occasionally we will need extra time to ship certain items which are not held in stock.

You can expect to receive your order within 3-10 business days.

We may not be able to ship on Saturdays, Sundays, or holidays.

A signature is required for all orders and we recommend using a work hours address for delivery. If you are not in attendance when the parcel is being delivered, you will receive an Attempted Delivery Advice card which details how and when the parcel can be collected from your nearest Australia Post outlet.

We do deliver to PO Box addresses.

For international deliveries:

We send all orders by Australia Post International Satchels. We provide you with a tracking number so you can track your order from dispatch right to your doorstep.

For tracking please see http://auspost.com.au/track/track.html

Postage on international orders is $25. Multiple pairs of sunglasses may attract a higher shipping cost. Orders received will, in a majority of cases, will take place the following business day. (payment must be received prior to shipping). Occasionally we will need extra time to ship certain items which are not held in stock.

You can expect to receive your order within 7 to 21 business days. We may not be able to ship on Saturdays, Sundays, or holidays. A signature is required for all orders and we recommend using a work hours address for delivery. If you are not in attendance when the parcel is being delivered, you are responsible for contacting the delivery company to arrange alternative pick-up or delivery.

Return Policy for Online Purchases

If you have purchased your sunglasses from our Online Store and are not happy with them for any reason please let us know straight away by writing to bluestareyewear@gmail.com.

If you would like to return or exchange your online purchase then we will accept your returned sunglasses for exchange or full refund, however, there are a few conditions.

1. A $20 Processing Fee applies to all refunds and exchanges.

2. You must contact our company on the above email.

3. The product must be unworn and with tags and packaging intact.

4. You must return them using Australia Post insured and registered at your cost.

5. In the case of major factory fault and / or factory defect in the product, a full refund may be available. In the case of a proven major fault and / or defect upon reciept of the product, the processing fee and postage will be refunded.

Care of Sunglasses

Wash dust and grit from your lenses under cold running water. Dry with a “microfibre” cloth. Do not clean with a tissue or clothing. Allowing salt water to dry on your sunglasses can cause corrosion to metal parts and may cause the lenses to be scratched if wiped with a dry cloth. Do not leave your sunglasses on the dashboard or console of your car as distortion and damage may occur to frames and lenses from heat. To avoid hinge and screw damage, remove sunglasses from your face with both hands. Always store your sunglasses in their case for extra protection. Do not apply any chemical cleaner to your sunglasses, particularly if they have a mirrored lens. Customers should be aware that glasses can be scratched and /or broken. In the event of scratched/ broken lenses occuring through customer use, the glasses will not be replaced.

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