Website Terms and Conditions of Use

These Website Terms and Conditions of Use (“Terms”) set out the terms by which you may access and use the website located at www.soleurs.com (“Website”).  By using the Website, you agree to be bound by these Terms.  If you do not accept these Terms, you must refrain from using the Website. SpecSavvy International Limited (“SōLEURS” or “we”) owns and operates the Website.

1. Terms and Conditions

These Terms apply to the use of the Website and apply to all purchases made on the Website.  SōLEURS provides the information and services on the Website in accordance with these Terms as amended from time to time.  These Terms apply to all purchases of SōLEURS products made on the Website (“Products”).  By placing purchase orders for Products on the Website, you accept these Terms in respect of those purchase orders.

2. Order acceptance

SōLEURS may refuse to accept a purchase order in respect of a Product without giving reasons. If any money is received by SōLEURS in respect of a purchase order that is not accepted by SōLEURS, it will be refunded.

3. Pricing

Product prices are subject to change prior to a purchase order being placed.  You will be charged the Product price at the time the purchase order is placed.  Any change to a Product price will not affect purchase orders that have already been accepted.  All credit cards will be charged in Australian dollars (in Australia & NZ), British Pounds (in UK), or US Dollars (in USA) and may be subject to bank fees.

4. No Resale

You acknowledge and agree that this Website is for purchases of Products for final end customers in Australia, New Zealand, UK and USA for their personal use only.  Products are not to be purchased for resale or distribution by you in any form.

5. Shipping and delivery

Products ordered from the Website will be delivered free-of-charge to Australia, New Zealand, UK and USA.  If a delivery time is stated on the Website in respect of a purchased Product from time to time, the delivery time stated will act only as an estimate. SōLEURS will send you an email confirming the delivery and tracking number for the delivery once the purchase of the Product has been processed.

We are not responsible for delivery of Product to any incorrectly entered address on the Website.

6. Duties and Taxes

The Products will be shipped to you from overseas.  Import duties, taxes and charges (including GST) are not included in the price of a Product or in shipping charges.

As you have caused the Products to be brought to the country of delivery by placing a purchase order through the Website, you are deemed to be the importer of the Products. SōLEURS ships the Products to you without paying any local tax, duty or customs charges (including GST in Australia) and does not collect such amounts. As a result, you are responsible for any local tax, duty or customs charges that may be payable in respect of your purchase of the Products and you should contact your local tax or customs authority for more information about applicable taxes, duties or charges. SōLEURS cannot predict what these costs may be and you cannot claim for the recovery of these costs from SōLEURS.

7. Limited Product Warranty

The Products will come with a 12 month warranty (“Warranty”) from the date of purchase of the Product (“Warranty Period”).  The Warranty will cover manufacturing defects only.  The Warranty will not cover accidental damage (including lenses that have been displaced from the frame due to impact), general wear and tear (including scratched lenses), or lost or stolen Products.

For the avoidance of doubt, the sizing guide on the Website is to be used as an estimate tool only to assist you in your purchase of the Products.  If a Product does not conform with the sizing guide, this will not be considered to be a breach of Warranty.  In such a circumstance, in accordance with paragraph 8 below, the Product will only be able to be returned within 60 days of the date of the purchase of the Product.

Other than this Warranty, SōLEURS excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act 2010 (Cth) and equivalent State acts), which cannot by law be excluded.

8. Returns process

If you are not satisfied with the Product purchased for any reason, you may return the Product to SōLEURS at SōLEURS’ cost within 60 days of purchase of the Product.  You may also return the Product at your own cost at any time beyond this 60 days during the Warranty Period, if you are making a Warranty claim.

The Product must be returned in secure packaging (including bubble wrap) with a copy of the invoice relating to the purchased Product and the acknowledgement of the return of the Product, to:

AUSTRALIA & NZ:  PO Box 646 Kew Victoria 3101 Australia

UNITED KINGDOM:  SOLEURS, E-Star, Office 11 Access House, Manor Road, West Ealing, London, W13 0AS United Kingdom

UNITED STATES:  SOLEURS / E-Star, 357 San Benito Street, Hayward, CA 94544 U.S.A.

The Product must be returned in its original packaging together with all accessories supplied with it (including, for the avoidance of doubt, Product box, sunglasses case, pouch and cleaning cloth).  The returned Product will only be accepted if it is retained in a new condition, except in circumstances that the Product is being returned due to a Warranty claim.

If a Product is returned within 60 days of its purchase, in accordance with this clause, SōLEURS will refund the price of the Product and associated postage to you.  If a Product is returned during the Warranty Period due to a Warranty claim and SōLEURS accepts the Warranty claim, SōLEURS reserves the right to repair or replace the Product, or refund the price of the Product to you.

Please allow for a maximum of two (2) weeks to process the returned Product.  SōLEURS will notify you of the outcome of this process as soon as practicable.

9. Intellectual Property

All material contained on the Website (including but not limited to photos, text, visual and audio-visual works and trade marks), the design of the Website, the appearance of the Website and the layout of the Website (together, the “Website Aspects”) is/are owned by or licensed to SōLEURS (unless otherwise acknowledged on the Website) and protected by copyright and trade mark laws of Australia and other countries. All modifications and improvements of the Website and the Website Aspects will be owned by SōLEURS.

Except as necessary for the use of the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, a Website Aspect may not be used, adapted, reproduced, uploaded to a third party site, framed, linked to, published, transmitted or distributed in any way without SōLEURS’s prior written consent.

10. Indemnity

You agree to indemnify and hold SōLEURS, its officers, employees, agents, subsidiaries and affiliates harmless from all claims, demands, loss, damages, costs, penalties, liabilities or expenses (including legal fees) made against SōLEURS by any third party due to or arising out of or in connection with your use of the Website or your breach of these Terms.

11. Modification of Terms

SōLEURS reserves the right to modify these Terms in whole or in part from time to time without providing notice to you.  Any amendments made to these Terms will be effective immediately upon SōLEURS posting them to the Website.

12. Liability

Without affecting any of your statutory rights that cannot be excluded, SōLEURS, its officers, employees, agents and contractors will not be liable in any way to You or anyone else for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity, however it arises (whether in contract, tort including negligence, under statute or otherwise), arising from your use of the Website, even if we have been advised of the possibility of such damages.  SōLEURS does not warrant or represent that the Website is complete, correct, current or free from errors, omissions, computer viruses or other harmful content or components, or that access to the Website will be secure, uninterrupted, provided without delay or in a timely fashion.

If a Product is not delivered to the address specified by you when you placed your purchase order for the Product, SōLEURS will refund the purchase price paid for the Product that have not been delivered.   Otherwise SōLEURS is not liable in respect of the Product except to the extent that a Warranty claim is made in the Warranty Period and that Warranty claim is accepted by SōLEURS.

13. Third party websites and advertisements

The Website may contain links to advertisements and other websites, which are not maintained or controlled by SōLEURS, including advertisements and websites of our partners, distributors and resellers (collectively, “Third Party Sites”).  Third Party Sites are not part of the Website and SōLEURS provides links to them for your convenience only. SōLEURS makes no representations or warranties about any Third Party Site, and does not endorse, nor does it accept any responsibility for, the content or use of any Third Party Site.

14. Governing law

These Terms are governed by and will be construed in accordance with the laws of Hong Kong, without giving effect to its conflict of laws provisions or your actual state or country of residence.

15. Contact

If you have any questions, comments or concerns about these Terms, please contact SōLEURS by email at insights@soleurs.com

Competitions Terms and Conditions

Competition Entries: Game of Chance Prize Draw

Thank you for entering our SōLEURS competition. This is a chance draw, so a winner will be randomly selected from the pool of entrants between the specified dates. Your specific entry conditions regarding competition dates, entrant eligibility requirements and prize information is stipulated at the point of entry for each competition i.e. entry forms, advertisement, email correspondence, webpage etc. The rest of the information pertaining to the terms and conditions of your entry and the handling of your information is written below:

The Promoter of this competition is Specsavvy International Pty Ltd. The draw will take place at SōLEURS’s Australian office, 7 days after the competition closes. Winners will be notified by email 1 business day after the draw, and the winner’s name will be published 3 business days after the draw on the SōLEURS Facebook page.

If for any reason a winner does not take the prize or an element of the prize within the timeframe stipulated by the Promoter, then the prize or that element of the prize will be forfeited and a redraw will occur 4 weeks from the date of the draw. If any prize (or part of any prize) is unavailable, the Promoter, at its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to equal value and/or specification.

The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. By entering a SŌLEURS competition you are agreeing to join our email database.

How to Enter
1. Information on how to enter and prizes form part of these terms and conditions of entry (Terms and Conditions). Entry into the Competition is deemed acceptance of these Terms and Conditions.

2. The Competition commences on at 08:00am (AEDT) on the date specified at point of entry and concludes 17:00pm (AEDT) on the date specified at the point of entry.

3. Entry is open to all residents of Australia, United Kingdom and the United States 18 years and over. Employees and their immediate families of the Promoter, SōLEURS Distributors and their associated agencies and companies, are not eligible to enter. A maximum of three entries per person is permitted.

4. Entrants are required to follow the instructions at the point of entry to be eligible. The prize will also be mentioned at the point of entry.

5. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, any content which infringes the rights of another person (including intellectual property rights or rights of privacy or confidentiality), disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the sole opinion of the Promoter, engaged in conduct in relation to the Competition which is unlawful, fraudulent, misleading, deceptive, improper or generally damaging to the goodwill or reputation of the Competition and/or Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Incomprehensible, incomplete and/or otherwise indistinguishable entries will be deemed invalid.

6. Final entries must be received by 17:00 (AEDT) on the date mentioned at the point of entry.

7. Entries not completed in accordance with these Terms and Conditions or received after the closing date will not be considered. The judge’s decision in relation to any aspect of the competition is final and binding on every person who enters. No correspondence will be entered into.

8. Entry forms will be provided on line on the SōLEURS Facebook Page.

What is the prize?
9. The major prize is mentioned at the point of entry

10. Valid for 12 months from receipt of issue.

11. Total prize value of chosen product.

12. The Prize must be taken as offered and is non refundable, non transferable and non redeemable for cash or other goods or services.

13. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to any applicable State Regulation.

14. Once the Prize has left the Promoter’s premises, the Promoter takes no responsibility for Prizes damaged, delayed or lost in transit.

15. Without limiting any other section of these Terms and Conditions, it is a condition of accepting the Prize that the winner:

a. must comply with all the conditions of use of the Prize and the Prize supplier’s requirements; and
b. may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

16. It is a condition of entry that the Promoter has the right to publicise the names, characters, likenesses or voices of any entrants to the Competition.

17. By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Prize. The winners may be required by the Promoter to participate in a photo, video and/or film session, and other interviews (including but not limited to the time at which possession of the Prize is transferred to the winner), and the entrant acknowledges that the Promoter has the right to use such publicity photos, videos and/or films in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises the Promoter at the time of entering the Competition that he/she wishes to retain his/her anonymity. Entrants’ hereby consent to their entry being published / broadcast and/or to their telephone and other conversations with the Promoter being published / broadcast.

18. In consideration for entering the Competition and/or the Promoter awarding the Prize to the winner (as the case may be), the entrant and/or the winner (as the case may be) hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the entrant’s and/or winner’s (as the case may be) participation in any aspect of the Prize (“Work”). The winner acknowledges that the Promoter is free to use the Work (including, reproducing, publishing, transmitting to the public and broadcasting the Work) and to exercise its rights in relation thereto, and the winner will not be entitled to any fee for such use.

19. The Promoter has the rights to use all photos/media submitted in the Competition by all entrants.

How will the entries drawn?
20. This is a chance draw, so a winner will be randomly selected from the pool of entrants between the specified dates. Entries will be drawn at 12pm, 7 days after the competition closes at SōLEURS Australian office.
21. If a winner/s cannot be found a second chance draw will take place 30 days after the closing date of the competition at SōLEURS Australian office.
22. The draw will be final and no correspondence will be entered into.

How will winners be notified?
23. The winners will be notified by phone or email within one business day of the draw. If a second place draw is required winner/s will be notified by phone and email one business day from the second place draw
24. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
25. The Prize will be delivered within Australia only to the nominated prize delivery address specified in the winner’s entry.

General Terms
26. To the extent permitted by law, the Promoter, its officers, employees, agents, representatives and related bodies corporate shall not be liable for any claims, costs, expenses, personal injury, death, loss (including loss of opportunity) or damage whatsoever (including but not limited to indirect or consequential loss or damage) suffered, sustained or incurred (including but not limited to arising as a result of any negligent act or omission) as a result of, or arising out of, or in any way connected with:

(g) this Competition (including participation or attempted participation in the Competition);
(h) the Prize (including use or attempted use of the Prize and/or assembly or attempted assembly of the Prize);
(i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(j) any theft, unauthorised access or third party interference;
(k) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); and/or
(l) any Prize that is late, lost, damaged or misdirected in transit.

Without limiting section 8 of these Terms and Conditions, the Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including.

27. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any direction given under State Regulation as applicable.

Privacy
28. The Promoter is collecting the entrant’s personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying winners). The entrant’s personal information may be disclosed to representatives and agents acting on behalf of the Promoter or assisting the Promoter in the administration of this Competition, including Prize suppliers and deliverers.

29. Entrants’ personal information may be disclosed to State and Territory lottery and regulatory departments and winners’ names published as described under these Terms and Conditions and as required under the relevant lottery legislation (as applicable). A request to access, update or correct any information should be directed to the Promoter.

30. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

31. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

32. SōLEURS reserves the right to utilise and edit the product feedback and information provided by you for marketing purposes including but not limited to the SōLEURS website and product reviews.

33. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, occupation and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

34. The Competition is conducted by the Promoter, which is Specsavvy International Pty Limited – 1/F, Xiu Ping Commercial Building, 104 Jervois Street, Sheung Wan, Hong Kong.