MR FOUREYES LIMITED
1. Application of Terms
1.1 These terms and conditions apply to your use of the website mrfoureyes.co.nz (“website”), the purchase by you of products from the website and the supply by Mr Foureyes Limited (hereafter “Mr Foureyes”) of products to you.
1.2 By using this website you are confirming to Mr Foureyes that you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you must not use this website or order products from Mr Foureyes.
1.3 Mr Foureyes may amend these terms and conditions at any time without notice. By using the website you are confirming that you agree with the latest updated version of these terms and conditions.
2. Ordering and Supply
2.1 To order products you must fully and correctly complete an on-line order form and submit this to Mr Foureyes.
2.2 Subject to product availability and your payment for the products being processed, Mr Foureyes will supply you with the products you order. If the products you order are not available, or they are not available in the quantities you require, Mr Foureyes will advise you by contacting you at the e-mail address given by you in your registration application.
2.3 If Mr Foureyes cannot supply the products you have ordered, Mr Foureyes will refund you the amount you have paid for the products that Mr Foureyes cannot supply.
2.4 Mr Foureyes may decline to supply or may cease to supply products to you if you are in breach of, or unable to comply with, any of these terms and conditions.
3.1 Mr Foureyes has used information supplied by the manufacturers of the products in preparing the product descriptions on the website. Mr Foureyes has used reasonable care in preparing the product descriptions but to the maximum extent permitted by law, Mr Foureyes does not make any representations or warranties as to the quality and/or fitness for any particular purpose of the products supplied under these terms and conditions.
3.2 Mr Foureyes may change the product range available, the description of products on the website and the prices of the products at any time without notice.
4.1 The purchase price for the products is payable in full at the time of ordering the products. The purchase price must be paid by either credit card payment or direct deposit in accordance with Mr Foureyes’ on-line order form.
4.2 All prices are in New Zealand dollars and include GST unless specifically stated otherwise.
4.3 If any payment is reversed or dishonoured, Mr Foureyes (or its agent) may take action to recover the amount due from you or to otherwise protect Mr Foureyes’ interests in relation to money owed by you. You agree to pay Mr Foureyes’ costs (including debt collection and legal costs) in relation to any debt recovery action. Amounts due to Mr Foureyes but not paid will attract default interest at a rate of 2% a month.
5.1 Delivery is only available to a physical New Zealand delivery address, not PO boxes. A delivery fee may be charged in addition to the purchase price for the product(s).
5.2 Mr Foureyes will do its best to meet any estimated time frames Mr Foureyes gives you for supplying and delivering the products. However, these time frames are estimates only and are not guaranteed. Mr Foureyes is not liable for any delay or failure to supply products arising from any reason beyond Mr Foureyes’ control.
6.1 Subject to clause 6.2, risk and title to the products passes when the products are dispatched by Mr Foureyes to you.
6.2 Where the product is replacement lenses to be inserted into frames provided by you, you acknowledge that:
(a) the risk and title in the frames you provide remains with you;
(b) there is a risk that your frames may break in the lens replacement process; and
(c) Mr Foureyes will not be liable to you in the event that your frames break in the lens replacement process.
6.3 You acknowledge that:
(a) any services provided by Mr Foureyes are no substitution for optometry services; and
(b) you are responsible for ensuring that your prescription is less than two years old at the time of your order.
7.1 You acknowledge that Mr Foureyes:
(a) relies on the information that you provide, including any prescription, in preparing the products supplied to you, and
(b) is in no way responsible for any issues you may have with products prepared in accordance with the information you provide.
7.2 If the products provided by Mr Foureyes do not match your order you must return the products in accordance with clause 7.5 and Mr Foureyes will endeavour to send new or adjusted products to fulfil your order.
7.3 If the products provided by Mr Foureyes include frames that are not to your liking, you may return the products in accordance with clause 7.5 and Mr Foureyes will:
(a) in the first instance, exchange the frames at no additional cost to you; or
(b) where Mr Foureyes has previously exchanged frames in relation to the same initial order, exchange the frames for an additional administration fee and, where lenses cannot be transferred between the selected frames, a lenses fee.
7.4 If you wish to return the products provided to you by Mr Foureyes for any reason, other than as set out in clauses 7.2 or 7.3, you must return the products in accordance with clause 7.5 and Mr Foureyes will either:
(a) If requested, provide you with new or adjusted products, or
(b) refund the price you paid for the products, less a fee for lenses (if applicable).
7.5 Mr Foureyes will accept returns of glasses purchased from Mr Foureyes only if:
(a) the products are returned to Mr Foureyes at your cost within 30 days of the date they were dispatched to you; and
(b) the products are in a re-sellable condition.
8.1 You agree that Mr Foureyes is a reseller and is not the manufacturer of the products. The glasses and prescription lens products supplied to you by Mr Foureyes will carry a 12-month Warranty. For contact lens products, see Section 17.
8.2 If any product supplied by Mr Foureyes does not comply with the Warranty you must notify Mr Foureyes within the applicable Warranty period. On receiving notification from you of a Warranty claim, Mr Foureyes will administer your Warranty claim on your behalf (in accordance with the claims processes and requirements of the relevant manufacturer).
8.3 You agree to co-operate with Mr Foureyes to the fullest extent possible to enable Mr Foureyes to administer your Warranty claim and to enable the manufacturer to consider and process your Warranty claim (including providing all relevant information relating to the Warranty claim and returning the product to Mr Foureyes if this is required by the manufacturer).
8.4 Where you are acquiring products for your personal use, Mr Foureyes will meet its obligations under the Consumer Guarantees Act 1993.
8.5 To the maximum extent permitted by law, all warranties (except those expressly set out in clause 8.1 or 8.4) whether implied by customary practice, at law or under statute are excluded.
9. Consumer Guarantees Act 1993
9.1 Where you are acquiring, or holding yourself out as acquiring, products for the purposes of a business you agree that the Consumer Guarantees Act 1993 will not apply to the supply of products by Mr Foureyes to you.
10. Availability of Services and Security
10.1 The website will not be available from time to time due to planned maintenance/upgrades, unplanned outages and matters beyond Mr Foureyes’ control. Mr Foureyes accepts no liability in relation to the non-availability of the website or any defect or error in the website or its software.
10.2 While Mr Foureyes will take reasonable steps to ensure the security of information on the website, there is no guarantee of security. As information transmitted over the internet is inherently insecure, Mr Foureyes cannot ensure and does not warrant, the security of any information transmitted to or from the website.
11.1 Personal information about you is being collected and held by Mr Foureyes. This personal information may be used and disclosed for the following purposes:
(a) processing your order and supplying you with the products you order;
(b) any matters related to or incidental to 11.1(a) above, including processing your payment and administering any product returns or Warranty claims; and
(c) marketing Mr Foureyes’ business and products to you.
11.2 You have the right under the Privacy Act 1993 to obtain access to, and to request correction of, any personal information concerning you held by Mr Foureyes.
12. Extent of Liability
12.1 To the maximum extent permitted by law, Mr Foureyes’ liability (and any liability of Mr Foureyes’ directors, employees and agents) for any cost, loss, damage or claim arising directly or indirectly in relation to a product supplied by Mr Foureyes, whether arising in contract, tort (including negligence) or otherwise, will be limited to the amount you have actually paid for the product that resulted in the cost, loss, damage or claim.
12.2 To the maximum extent permitted by law, Mr Foureyes (and Mr Foureyes’ directors, employees and agents) are not responsible to you for any indirect, consequential or special loss, loss of profits or economic loss.
13. Intellectual Property
13.1 The material contained on the website is copyright of Mr Foureyes or Mr Foureyes’ suppliers. You may print information from the website for your own personal use but you must not otherwise copy, reproduce, store, distribute, alter or tamper with, or otherwise use any material contained on the website without Mr Foureyes’ prior written consent.
14. Links to Third Party Websites
14.1 Mr Foureyes makes no representations or warranties in relation to the content or the security of websites that may be linked to the Mr Foureyes website.
15.1 You warrant that you will only use the website and the products supplied by Mr Foureyes for lawful purposes. You agree to indemnify Mr Foureyes in respect of any costs, losses or expenses incurred by Mr Foureyes (or Mr Foureyes’ directors, employees and agents) in connection with your use of the website or products or any failure by you to comply with these terms and conditions.
16. New Zealand Law
16.1 These terms and conditions and the provision of products by Mr Foureyes to you are governed by, and will be interpreted in accordance with, New Zealand Law.
17. Contact Lens Purchases
17.1 Your order must be for the same contact lenses that have been prescribed and fitted by your optometrist or ophthalmologist. Mr Foureyes does not accept responsibility for your lack of suitability to wear contact lenses. We take no responsibility for supplying the incorrect contact lenses due to you or your optometrist or ophthalmologist providing us with incorrect details.
17.2 You agree to wear and replace the contact lenses according to the schedule recommended by your optometrist or ophthalmologist.
17.3 The contact lenses you are ordering are for your own personal use.
17.4 When you place an order with Mr Foureyes you give permission to Mr Foureyes to contact your optometrist or ophthalmologist to verify your contact lens details, request a copy of your prescription and, if required, then you will give an authority to your optometrist or ophthalmologist to supply this information to Mr Foureyes. Mr Foureyes reserve the right not to supply contact lenses if we feel the selected contact lenses are not in accordance with the specifications provided by you, your optometrist or ophthalmologist, or if the contact lenses are not able to be supplied by us.
17.5 Mr Foureyes reserves the right to cancel any orders. Reasons for cancellation may include, but are not limited to, inappropriate use of the shopping site, circumstances where we believe payment details may be fraudulent or insufficient information is provided for us to process the order.
By completing the online order form you agree to accept shipment for the selected product, and agree to pay by the method indicated on your order form. By completing the online order form you agree and accept that you are the person responsible for the credit card and accept responsibility for all charges made on our site by your card.
17.6 Optometrists and Ophthalmologists have an ethical duty of care, to ensure that contact lenses are dispensed only to people who have a valid prescription for those contact lenses.
This is to ensure that the eye, and more specifically the cornea on which the contact lens is placed, is regularly examined for any signs of diseases and complications. If your contact lens prescription is outside its recommended expiry date it is recommended you have an eye examination before proceeding with your contact lens order. If you have not had, or have declined, the recommended eye examination, then by ordering from this website you agree you have read and understand the above statement and accept full responsibility for your ongoing eyecare and for the suitability of your contact lenses purchases.