Terms and Conditions of Use of and of Purchase
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND PURCHASING ANY PRODUCT
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Torga Optical Australia (Pty) Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
THE TORGA OPTICAL SATISFACTION GUARANTEE, RETURNS AND REFUNDS
Torga offers a 30 day satisfaction guarantee whereby a Professional Optometrist will evaluate whether there are any defects with your product and rectify it to Torga standards. In the event that we are unable to remedy a defect, Torga will offer to repair or replace the products.
If for any reason you are not satisfied with your purchase please contact your Torga Optical location as soon as possible.
The full returns and refunds policy is available here: https://www.torgaoptical.com.au/returns-refunds-policy
In addition, Torga Optical Australia (Pty) Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order due to a major defect (as defined by the relevant ACC legislation) please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Torga Optical Australia (Pty) Ltd.
Under the Torga Optical Satisfaction Guarantee, we do not in the normal course of business offer refunds, except where we are required by legislation to do so.
YOUR ADDITIONAL BENEFITS WHEN PURCHASING MULTIFOCALS & PROGRESSIVE LENSES ONLINE
Multifocal Lenses require additional fitting information for your Glasses in order to ensure the highest quality vision. This fitting information depends on how your particular choice of glasses fit on your face.
After placing your order, we will contact you to provide instructions as to how to provide these measurements. (The best way is for you to visit our store).
Alternatively and where appropriate we will use Torga Optical's proprietary big data method to determine the values for your glasses based on the median of previous dispensing parameters.
Please contact us immediately if your vision is not comfortable in your new pair of multifocal glasses. We will then arrange for further fitting measurements and will remake your glasses if neccessary, subject to the below exclusions.
SPECIAL EXCLUSIONS TO THE SATISFACTION GUARANTEE RELATING TO SHOPPING ONLINE
Non-Torga Prescriptions. If you provide or enter a script from a 3rd party Optometrist, Torga is not responsible where that prescription is incorrect and/or entered incorrectly. Prescriptions must be issued in a maximum of two years from your order date.
We recommend that customers where possible visit our store for a prescription check to validate the prescription supplied.
HEALTH FUND BENEFITS
If you instruct us to do so, we will use our best efforts to enquire about your health fund benefits and will assist you to claim these benefits from your health fund. However, you are responsible for any shortfall (colloquially known as a "Gap payment") and must settle the shortfall before we will begin to manufacture your order.
If you would like us to claim health fund benefits for you on your behalf, please select the "Pay in Store" option at checkout and then we will call you to arrange a visit at our store to complete the health fund claim (Unfortunately, the HICAPS rules require you to present your Health Fund card in person at our physical store).
QUOTED DELIVERY TIMES
Quoted delivery times on our website are business days starting from the moment we recieve full payment and all neccessary details from you regarding your order (for example, your prescription information)
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Torga Optical Australia (Pty) Ltd’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Torga Optical Australia (Pty) Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Torga Optical Australia (Pty) Ltd’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Torga Optical Australia (Pty) Ltd.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
LINKS TO OTHER WEBSITES
Torga Optical Australia (Pty) Ltd may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Torga Optical Australia (Pty) Ltd and the owners of those websites. Torga Optical Australia (Pty) Ltd takes no responsibility for any of the content found on the linked websites.
Torga Optical Australia (Pty) Ltd’s website may contain information or advertisements provided by third parties for which Torga Optical Australia (Pty) Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Torga Optical Australia (Pty) Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Torga Optical Australia (Pty) Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Torga Optical Australia (Pty) Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Torga Optical Australia (Pty) Ltd’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Torga Optical Australia (Pty) Ltd collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Torga Optical Australia (Pty) Ltd does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services.
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
DISCLOSE YOUR INFORMATION
Torga Optical Australia (Pty) Ltd may be required, in certain circumstances, to disclose information in good faith and where Torga Optical Australia (Pty) Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Torga Optical Australia (Pty) Ltd. Torga Optical Australia (Pty) Ltd expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Torga Optical Australia (Pty) Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Torga Optical Australia (Pty) Ltd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Torga Optical Australia (Pty) Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Torga Optical Australia (Pty) Ltd concerning your use and access to Torga Optical Australia (Pty) Ltd’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Qld and Australia. If there is a dispute between you and Torga Optical Australia (Pty) Ltd that results in litigation then you must submit to the jurisdiction of the courts of Qld.
Updated 09 September 2021