Dresden Website Terms and Conditions

General

Access to and use of our website and the products and services available through our website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Services”). Your use of our Services constitutes agreement to the Terms of Service. We may update these Terms of Services so please check this page regularly.
We reserve the right to withdraw or amend the Services at any time and without notice. We will not be liable for any reason if this website is unavailable. From time to time, we may restrict your access to some or all of the website.

All references to “Dresden”, “we”, “our” and “use” means Dresden Optics Pty Ltd and their subsidiaries, their holding companies or subsidiaries of such holding companies.

Registration
In order to access certain content, material, products or Services, you may be asked to register and create an account. As part of this process, you may be asked to click to agree to these Terms of Service and then you may be asked to select or submit a user name and password.

You may also be required to provide us with certain information about yourself, including personally identifiable information including your legal name, phone number, address, e-mail address, gender, age and optical prescription.

It is your responsibility to ensure your password and account login are kept secret, safe and secure at all times. We will not be held responsible for any misuse of your account in the event that a third party has access to, and uses your password and account log in in any way.

When placing an order you will be required to provide other personal information, such as shipping address, billing address and payment details. Dresden or its third party providers may collect additional information at this time for security and anti-fraud purposes. You represent that all personal information provided is true, valid, complete and up-to-date in all respects and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of your information change, please log in to your account and update the information.

Privacy Policy
These Terms of Service incorporate our Privacy Policy which can be found https://dresden.vision/privacy. By using this website, you consent to the processing described therein and warrant that all the data provided by you is accurate.

Prohibitions
You must not misuse this website. You will not commit or encourage a criminal offence, transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene. You must also not hack into any aspect of the Service, corrupt data or cause annoyance to any other users. You must not infringe upon the rights of any other person’s proprietary rights, send unsolicited advertising or promotional material (i.e “spam”) or attempt to affect the functionality of the website or computer facilities accessed through this website. We will not accept any liability for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, programs or data due to your use of this website or your downloading of any material posted on it or any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content, including Dresden’s trademarks, trade names and logos made available to you through this website remain the property of Dresden or its licensors and are protected by copyright laws and treaties around the world. We reserve all rights in this regard. You may store, print and display any content supplied solely for personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format, any of the content supplied to you or which appears on this website nor can you use any content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times may be subject to delays outside our control. We will not be responsible for any delays.
You must be over 18 years of age to purchase a product on our website and you must possess a valid credit or debit card issued by a bank acceptable to us. We reserve the right to refuse any request made by you.

Our contract
When you place an order we will send you an acknowledgment e-mail confirming receipt of your order. This e-mail is an acknowledgement only and does not constitute acceptance of your order. A contract will not be formed until your payment is approved by us and your credit or debit card has been debited.

Pricing and availability
We try to ensure that all details, descriptions and prices on this website are accurate. However errors can and may occur. If we discover an error in the price of any goods that you have ordered, we will let you know as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling your order. If we cannot contact you, your order will be cancelled. If you cancel and have already paid for the goods, we will refund you the entire amount as soon as possible. Where applicable, our prices are inclusive of GST or other value tax. Delivery costs are additional and will be displayed clearly where applicable and included in any total cost.

We reserve the right to correct any errors, inaccuracies or omission and to change or update information at any time without prior notice. We reserve the right to refuse to full any orders you may place based on information on the Service that contains errors or inaccuracies, including without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.

Payment
Our website accepts Visa, MasterCard, American Express, Diners Club, JCB, and Discover. However not all payment methods are available in every country.

Discount Codes
We may from time to time offer promotional discount codes. The conditions of use relating to any discount code will be specified at the time of issue.

Disclaimer of Liability
The material displayed on our website is provided without any guarantees condition or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Dresden and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any material posted therein, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution or by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from negligence, or fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability that cannot be excluded or limited under applicable law.

Indemnity
You agree to indemnity, defend and hold harmless Dresden, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising out of your use of this website or your breach of the Terms of Service.

Website linking
You may link to our homepage. However you must do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way to suggest any form of association, approval or endorsement on our part. You must not establish a link from any website which is not owned by you. This website must not be framed on any other site, nor can you create a link to any part of the website other than the homepage. We reserve the right to withdraw linking permission without notice.

If we link to other websites we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we may link to from this website.

Variation
We reserve the right in our absolute discretion to amend, remove or vary the Services or this website at any time and without notice.

Complaints
If you have any complaints or comments, please contact us 0800 447 111

Waiver
If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service.

Governing Law and Jurisdiction
These Terms of Service are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

Severability
If any of these Terms of Service is deemed by any competent authority to be invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining Terms of Service and will not affect the validity and enforceability of any remaining terms and conditions.

Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Dresden. Any waiver of any provision of the Terms of Service will be effective if in writing and signed by a director of Dresden.

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Returns Policy

If you have entered your prescription online, have provided a prescription to us from a third-party optometrist (non-Dresden), or are making use of an expired prescription (older than two years) we will make your glasses based on that prescription. If the glasses are made correctly, but the prescription provided was incorrect, we do not provide a refund.

Instore purchases: Because prescription glasses are created uniquely for each customer, we do not provide a “change of mind” refund for customers who have purchased in our retail stores. If you have an issue with your new glasses, please contact us and we will work through a solution. This may involve replacing the lenses, altering the frame settings or other adjustments.

Website customers: For online customers who have not seen our glasses instore, we offer a refund or exchange for change of mind subject to the following conditions:

Subject to any consumer guarantees below, merchandise can be returned for change of mind within 30 days of receiving the product for an exchange or full refund provided that:

o Proof of purchase is accompanied with the returned merchandise

o The merchandise is unused and in its original condition.

o Any discounts received at the time will be deducted from the refund.

The customer is responsible for the cost of returning goods under this policy.

Consumer Guarantees

Our returns policy doesn’t affect any legal rights you may have. There may be consumer guarantees that cannot be limited by us. If your product is not of acceptable quality, is faulty, is not fit for purpose or is different from its description or sample, then you may be eligible for a refund, exchange or any drop in value of the product (if you choose to keep it). In cases where you have provided a prescription, or your prescription is expired, we will not provide a refund if the product matches this script and this alone is the issue.

If your product has a major fault, you have the right to ask for your choice of a replacement or refund. If the product has a minor fault, we can choose to give you a free repair instead of a replacement or refund.

Any merchandise returned under consumer guarantees can be returned within a reasonable timeframe and is subject to proof of purchase.

Merchandise marked as seconds or samples must be chosen carefully as these items cannot be returned due to the fault that was identified at the time of purchase. If the seconds or sample product exhibits a fault that is not related to the fault identified at the time of purchase, is not fit for purpose or is incorrectly described, it may be returned in accordance with the above consumer guarantees.

Warranty

We offer an additional warranty on our lenses. If they do not feel right, you have 30 days to let us know and we will either refund you, repair the lenses or replace them.

Our standard frames and arms have a lifetime warranty from defect in materials and workmanship. Our warranty applies when the product is used for the purpose intended, under normal conditions and does not apply to damage caused by unreasonable use or neglect.

Please note, the frames and arms must not be cleaned with methylated spirits. This will void the warranty as it structurally damages the materials we use.

Our lens coatings (anti-reflective, blue filter etc) are covered by a 12-month warranty for manufacturing faults.

When returning a product in accordance with the returns policy, any returns via post will be at the cost of the purchaser.