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Terms & Conditions

Terms & Conditions

WEBSITE TERMS OF USE

IMPORTANT - this is a legal agreement between you ("You") and Luxottica Retail Australia Pty Ltd (ACN 000 025 758) and Luxottica Retail New Zealand Limited (NZCN 636829), their related bodies corporate, and the ultimate holding company EssilorLuxottica, including related entities and stores that trade under the brand “OPSM”, “Ray-Ban”, “Sunglass Hut”, “Laubman & Pank” and “Oakley” (collectively, "Luxottica," "We" or "Us").  

You should read carefully the following terms of use ("TOU") as they govern your use of the Website. These TOU are subject to change by Luxottica at any time by publishing the amended TOU to the Website. By using the Website, You accept the TOU in effect at the time of such use. Your use of this website is expressly conditioned upon your agreement to these TOU.

LICENSE GRANT

Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.

USER REPRESENTATIONS

By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website.

PROPRIETARY RIGHTS

This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. Our logo(s), and all other names, logos, and icons identifying our brands, products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.

CONTENT SUBMITTED BY YOU

From time to time We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica ("User-Posted Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Posted Content, You grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Posted Content, such that Luxottica shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.

RESTRICTIONS

You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.

PRIVACY POLICY

Please review Luxottica's Privacy Policy for a summary of Luxottica's personally identifiable information collection and use practices.

AVAILABILITY AND CONTINUITY OF SERVICE

You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Website.

LINKS TO OTHER SITES

The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

INDEMNITY

By using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

TERM AND TERMINATION

This TOU will terminate immediately and automatically, upon our notice, if You fail to comply with any Sections. You may also terminate this TOU at any time by ceasing all use of the Website. Your obligations contained herein will survive the termination of this TOU for any reason.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

APPLICABLE LAW

This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Australia (for purchases in Australia) or New Zealand (for purchases in New Zealand) and without prejudice to your rights under other applicable law, which cannot be otherwise excluded.

INDEPENDENT PARTY

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Website.

ENTIRE AGREEMENT

This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Website.

NO ASSIGNMENTS

You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.

GIFT CARD TERMS AND CONDITIONS
  1. This gift card is issued by Luxottica Retail Australia Pty Ltd in Australia or Luxottica Retail New Zealand Limited in New Zealand. It may be redeemed in local currency at online or in store in Australia or New Zealand with the corresponding brand.
  2. It entitles the bearer to pay towards goods and services up to the value of the gift card balance loaded in Australian dollars or New Zealand dollars, as applicable. Gift cards can be used all in one transaction, or across multiple transactions. No change in the form of cash or card equivalents will be given on remaining balances. Products redeemed with this gift card must be paid in full. Where the transaction value exceeds the balance on the gift card, another form of payment must be tendered to the cover the difference. A gift card cannot be used to buy additional gift cards.
  3. The gift card will expire 3 years from the date of issue, and any balance that remains on the card after expiry will not be available for use.
  4. Subject to the applicable Return Policy available before purchase, a refund for the return of product/s originally purchased in store via a gift card type will be credited to a new physical gift card with a new expiry.
  5. This gift card value may not be exchanged for cash or card equivalent. A gift card cannot be on-sold or refunded. This gift card is not a credit, debit or charge card. Gift card balance can be used for future purchases up until the gift card expiry date. Once the gift card has expired, any remaining balance cannot be credited to the same gift card again nor to a new gift card.
  6. This gift card value may not be exchanged for cash or card equivalent. A gift card cannot be on-sold or refunded. This gift card is not a credit, debit or charge card. Gift card balance can be used for future purchases up until the gift card expiry date. Once the gift card has expired, any remaining balance cannot be credited to the same gift card again nor to a new gift card.
  7. We will not be held liable for lost or stolen cards. In case of lost or stolen cards, the gift card cannot be blocked. We will not be responsible for any lost or misdirected gift cards, including where an incorrect address or email address has been provided to us. Anyone with access will be presumed to be authorised to use the gift card. We do not accept liability for any unauthorised acceptance and any consequential unauthorised redemption of a gift card.
  8. To check the balance of your gift card please contact Customer Care on:
    Australian enquiries - Call us at 1800 556 926 Monday-Friday 9AM-5pm AEST
    New Zealand enquiries - Call us at 0800 607 895 Monday- Friday 9AM-5pm AEST

    Alternatively, you can check the balance of your card online via the below links:
    - Australian Balance enquiries
    - New Zealand Balance enquiries
  9. We reserve the right to amend these Terms and Conditions. View a current copy by following the QR code on back of your physical gift card. Potential amendments cannot affect the expiry date of the gift cards already issued. Some discrepancies may occur from time to time between terms and conditions for e-gift cards (issued online) and physical gift cards issued.
  10. Any information supplied in relation to purchase or redemption of this Gift Card is subject to our Privacy Policy.
  11. By purchasing this gift card, you agree to be bound by these Terms & Conditions and warrant that your use of the gift card will comply with all applicable laws in the country of issue. The Gift Card must not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

HOW CAN I CHECK MY GIFT CARD BALANCE?

To check your card balance online, please use the following links:

Alternatively, you can contact Customer Care in Australia at 1800 556 926 or in New Zealand at 0800 607 895. Our store teams are also available to check your balance in-store. 


SPECIFIC GIFT CARD TERMS OF SALE

  1.  By placing an order on this site, you warrant that you have the authorisation to enter into these terms. GST will not apply to the sale of a Gift Card. However GST will apply to additional surcharges such as delivery fees and cancellation fees. The Order Confirmations will include general information about Your order and will include an estimated delivery date for Your goods. The Email will include such estimated delivery date as well as a tracking number that You may use to track Your order on Our delivery service provider's website and confirm when the item is delivered.
  2. You must elect a physical address for delivery (it cannot be a PO box). Gift Cards cannot be collected from stores or Corporate Services. We do not charge You any fee for delivering the items to Your shipping address, notwithstanding the specific terms in relation to the delivery of the items set forth in the Shipping Information. Delivery will take place at the delivery address in Australia as specified by You during the order process. Note that if You purchase an item on the Website, You may only indicate a shipping address located in Australia or New Zealand. Such limitations are exclusively due to actual, logistical and organizational reasons.
  3. Once the Gift Card have been delivered to You and You have taken possession of them, You become owner and from that moment on You will bear any risk for loss, theft or damage, in accordance with all applicable laws and regulations.
  4. If You find Gift Card that have been delivered do not materially conform with their previously given description in the Order Confirmations, are incomplete or damaged or are faulty then the Gift Card/s can be returned without prejudice to other rights granted to You by applicable laws.
  5. Gift Cards are offered at final sale, notwithstanding your consumer rights in the event of defect, fault or malfunction. For further queries or if the product does not meet a consumer guarantee, please contact Customer Care on:
    Australian enquiries - Call us at 1800 556 926 Monday-Friday 9AM-5pm AEST
    New Zealand enquiries - Call us at 0800 607 895 Monday- Friday 9AM-5pm AEST