TERMS AND CONDITIONS
Refer also to:
- our mailing list terms and conditions,
- our “try on at home” terms and conditions.
These terms and conditions (“Terms”) apply to the entire website under the top level domain name sticksandsparrow.com.au (“Website”) and to any contracts entered into with Eyetribe Pty Ltd.
Please read these Terms carefully. You agree to be bound by the Terms by accessing the Website,
If you breach any of the Terms, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms you must leave this Website immediately.
These Terms may be updated periodically by Eyetribe. Revisions will be posted to this page. You agree to be bound by any revisions.
You may place an order with Flight Active by completing the order form on the Website and entering and confirming your payment information.
When you place your order, we will issue you with an order number by email.
By placing an order, you make an offer to us to purchase sunglasses, or other product you have selected, based on these Terms.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any sunglasses or other products, however Eyetribe will make every effort to supply the sunglasses you have selected, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you.
We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and confirming with our warehouse that they are able to supply the sunglasses that you have selected.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Eyetribe and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you decide to purchase a pair of sunglasses or other product from the Website, you agree to promptly pay the associated fee.
You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.
- Purchased product must be returned within 14 days of receipt and shipping costs are at the expense of the purchaser.
- Product must be unworn, unmarked and returned in the original condition, inclusive of all original packaging (eg. hangtag, microfibre pouch and case).
- Any product promoted as a “SALE” item cannot be returned.
- Faulty sunglasses (due to manufacturing defects) will be replaceable over a 6 month period from date of purchase. Damage caused by general wear & tear (ie. scratches, stretching, breakages etc.) is not deemed as faulty.
Please email firstname.lastname@example.org for instructions on how to return your item.
RETURNS AND REFUNDS PROCEEDURE
If you wish to return an item, you may do so in accordance with the following procedure:
- Please notify Flight Active within 14 days of accepting delivery of the Product and arrange return of the Product within 14 days after such notification.
- Please notify us by email email@example.com to obtain a “Return Authorisation” number
- Please provide a “proof of purchase”, being either an invoice, bank statement, email confirmation or delivery note.
- Product must be returned to the Flight Active HQ in Melbourne.
- On receipt and inspection of goods, we will initiate the Refund/Exchange/Credit as agreed.
- We only accept returns or exchanges for purchases made on the Flight Active website www.flightactive.com.au
Please contact us via email and advise us of your desired exchange within the 14 day period (from date of purchase). We will do our best to assist.
EYETRIBE 150 Hill Road, Balwyn North , VICTORIA 3104, AUSTRALIA
CREDIT CARD FRAUD
Eyetribe, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Eyetribe will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.
DELIVERY OF PRODUCTS
Subject to these Terms, we will supply to you the products listed on your order confirmation. When selecting your sunglasses the images displayed are a representation only, the actual product may differ to the represented images. Your ability to return sunglasses is subject to the Eyetribe returns policy. Your consumer guarantees, as provided under Australian Consumer law, are in no way changed or limited.
The delivery of your products can take up to 10 working days from the date your payment is received.
Eyetribe makes every effort to deliver your sunglasses or other product purchased from the Website according to the estimated delivery times provided at check out. The estimated delivery times are in business days (Monday through Friday) excluding Public Holidays.
Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. Every effort will be made to ship your order according to the estimated delivery times provided, however we cannot guarantee delivery dates. If your sunglasses or other product has not arrived after the estimated delivery time, please contact us.
Unless otherwise notified and agreed to by us, we will deliver your sunglasses or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your delivery from your local Post Office.
Title and risk of loss to all products will pass to you on delivery.
EXTRA DUTY FEES
Any customs or duties are the responsibility of the customer. Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs.
As a condition of creating an account with Flight Active, you consent to us sending you Administrative Emails and Promotional Emails.
In this document:
‘Administrative Emails’ involve details of account activity and purchases you have made.
‘Promotional Emails’ consist of product information, new offers and information about Eyetribe
You agree not to post or transmit to the Website any material which:
- is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or
- is not properly licenced for use on this Website,
- violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
- constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world,
- infringes on the rights of a third party in any country in the world, or
- has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Sticks and Sparrow website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Eyetribe owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. Eyetribe is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
You warrant that:
Eyetribe is not responsible for any issues arising from you not complying with the above. By placing an order with Eyetribe you agree to this and waive any rights.
REVIEWS, COMMENTS & GLASSES
Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Eyetribe, including without limitation, glasses frame designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and Eyetribe shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
All Submissions shall automatically become the sole and exclusive property of Eyetribe. You also grant Eyetribe the right to publicly use the name that you include with any Submission when we refer to that Submission.
You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Eyetribe will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Eyetribe or third parties as to the origin of any Submissions or Content. Eyetribe may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Eyetribe. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
Under the Australian Consumer Law (“ACL”), where implied conditions and warranties cannot be excluded, any liability by Eyetribe for breach of such conditions and warranties (other than a condition or warranty implied by section 53 of the ACL) shall be limited, at the option Eyetribe, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
Eyetribe reserves the right to change the Terms at any time.
No Eyetribe employee or agent has the authority to vary any of the Terms.
Eyetribe shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Eyetribe, and Eyetribe will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within this Website is correct, Eyetribe makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
Eyetribe, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Vic, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.