1. About these terms and conditions
1.1 You should read the terms and conditions set out below before purchasing goods using this website.
1.3 In these terms and conditions, the expressions we, us and our are a reference to Eyerobics Pty Ltd, the website owner.
2. Ordering procedure
2.1 You may offer to purchase Eyerobics products or other goods described in this website for the price specified on this website.
2.2 Your order must contain your name, postal address, e-mail address, credit card details and any other ordering information specified on this website.
2.3 Confirmation of your purchase will be sent to your e-mail address once your payment has been cleared. If you do not receive a confirmation e-mail within two business days please contact Eyerobics using the contact form on this site.
2.4 You may not cancel an order once it has been dispatched, even if our confirmation e-mail is still pending.
2.5 The goods are offered for sale only to persons who can make legally binding contracts.
3. Payment and price
3.1 Payment must be effected by credit card using the ordering facility on this website or by ways of Paypal or bank transfer.
3.2 Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
4. Cancellation due to error OR unavailability
4.1 You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods.
4.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
5.1 Delivery of the Eyerobics product(s) will be effected in the manner described on this website. i.e. products purchased online will be dispatched by ordinary mail within two business days of receiving your order.
5.2 Ordinary mail (Australia Post) may take up to 5 business days from dispatch for delivery within Australia. Orders sent to other countries than Australia will take longer.
5.3 Risk of loss of, or damage to, the goods, as well as any additional costs due to events occurring after the time of despatch, transfers from Eyerobics to the customer when the goods are despatched by Eyerobics to the customer.
5.4 Eyerobics can not be held responisble for the non-arrival of goods if the customer has not informed Eyerobics of the correct address of the customer at the time of ordering.
5.5 In case, due to typographical errors made by Eyerobics, the product was sent to a wrong address, Eyerobics will dispatch the order again once they have confirmed the correct address with the customer. The costs involved with a second dispatch resulting from this error are for Eyerobics.
5.6 Eyerobics is not responsible for non arrival of products shipped to countries other than Australia. Once dispatched from Australia, Eyerobics does not have any control over the arrival as this is subject to the service of the postal agencies in the country of the receiving customer.
6.1 Under certain conditions, (eg. error in address made by Eyerobics, incorrect products delivered) incorrect order refunds/replacements are available for Eyerobics products purchased via the online store. Please contact Eyerobics via the contact form on this site to determine eligibility for refunds.
6.2 Any refunds for Eyerobics products purchased via the online store will be issued as a credit to your credit card account for the amount in question within 14 working days.
6.3 In line with the Eyerobics guarantee, the Eyerobics program (only constituting DVD, not pinhole glasses) may be returned to Eyerobics within one year of purchase to apply for a refund of the original purchase price. A refund will be issued if the goods are received complete and in good condition.
7.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we we have implemented ways to protect such information (by means of a secure connection to Worldpay credit card processor), we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk.
7.2 Nevertheless, a secure connection has been proven to provide enough security and is used by all nearly all sites on the internet who process sensitive information like credit card details.
8.2 Eyerobics may disclose your personal information to third parties to complete a transaction on your behalf or provide you with a service that you requested. For example, payments on the Website are processed by a third party contractor.
8.3 Other than the parties mentioned above we will never disclose your personal information (including email address) to other parties.
9. Disclaimer and limitation of liability
9.1 To the extent permitted by law, we exclude all liability arising from or relating to your use of this website including the online purchase of Eyerobics products.
9.2 Details contained on this website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
10. Changes to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
11. Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
12. Governing law
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
13.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
13.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
13.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.