Thank you for visiting Ezyglasses.co.nz, a website (the "Site") owned by Ezylens Limited hereby referred to as "Ezyglasses" or "Ezyglasses.co.nz" or "us" or "we". Ezyglasses is a leading online retail store for glasses and eyewear related products. You, hereby referred to as "you" or "your" or "the customer" refers to any natural person acting on, using or viewing the Site. These terms and conditions constitute the basis that our (we and you) relationship is mutually agreed. Our continued provision of the Site and your activities with it constitute agreement to be bound by these terms and conditions.
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
Your account obligations
Your use of this Site
Any activity by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Prescription validity requirement
You hereby certify that you have a valid prescription for the glasses that you are ordering. You represent and warrant to Ezyglasses that by placing an order, your information you enter into the Site is valid and true and matches exactly your prescription as provided by an approved eye care professional. You further certify that you will renew your prescription in strict accordance with your eye care professional's recommendation. You understand that if we have reason to believe that the information you have provided does not match your prescription, or whether you have a valid prescription, we will not fulfill your order. You hereby consent to providing a copy of your original prescription to us, if necessary, to verify your prescription.
We have made every effort to display as accurately as possible all information of our products that appear on this Site and will constantly strive to do so. However we do not warrant that the product descriptions or colours displayed are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
We endeavour to ship all products listed for sale on this Site either the same or next business day however we do not guarantee this. Deliveries are to New Zealand addresses only. We do not ship any products internationally. Deliveries of all orders are free of charge. We will include a free return courier label
Returns and refunds
Please see our separate returns and refunds policy here
All products offered on this Site are covered by our 365 day warranty. If you experience a manufacturing defect or fault within 365 days of delivery, please contact us at firstname.lastname@example.org to arrange the return and inspection of the product(s). Upon inspection by us, and provided the warranty claim is valid, a replacement or refund will be offered. This warranty does not cover the damage caused by the wear and tear of everyday use, or the damaged caused by sudden force or impact.
This product warranty is in addition to our 60 day 100% money back satisfaction guarantee under which you can return any products purchased on this Site for a full refund for any reason.
Our rights related to this Site
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. We reserve the right to limit quantities of items purchased by each customer.
These terms and conditions are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions of use, you must cease your use of this Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Any claim relating to the Site, the services provided through the Site or the Content (a "Claim") shall be governed by the internal laws of New Zealand, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Zealand, and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You must not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, phone or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may unsubscribe from these at any time.
Links to third party Sites
From time to time we may make available a link to a third party's web site. These links will let you leave this Site. The linked sites may or may not be under our control. In either case, we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
You must not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on this Site, or introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of Ezyglasses. Any use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. You may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
The content on this Site is provided by Ezyglasses as a service to its customers. This Site does not contain information about all eye diseases, neither does this Site contain all medical information that may be relevant to your eyecare needs. The information provided in this Site is only for general health information and is intended only to facilitate the purchase of eyewear by the customer in accordance with advice and as prescribed by the customers eyecare professional. This Site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. All specific medical questions you may have about your specific medical condition, treatment, care or diagnosis must be presented to your professional eyecare professional. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this Site. Except as expressly and unambiguously stated otherwise, Ezyglasses does not endorse, operate, control or assume responsibility for any product, brand, method, treatment, information or service on this Site. The information, services and products contained in this Site are provided "as is" without warranty of any kind, expressed or implied. Ezyglasses, its advisors, consultants, owners or employees expressly disclaim and exclude all warranties with respect to all information, service and products contained in this Site, expressed or implied, including but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement. This Site includes content provided by third parties and users. For such content, Ezyglasses is a distributor, not a publisher. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including merchants and licensors) are those of the respective authors or distributors of such content and not of Ezyglasses or its affiliates, officers, directors, employees or agents. There are no warranties made as to the completeness, accuracy, currency or reliability of information published by Ezyglasses. Ezyglasses does not warrant that information, services and products contained in this Site will satisfy your requirements or is without defect or error.
Limitation of liability