Terms and Conditions

Terms and Conditions

This website (www.vehlaeyewear.com) is operated by VEHLA Eyewear Pty Ltd (ABN 17 644 501 468) (we, us and our).

Please read these Terms and Conditions carefully.  By using the website or ordering a product from the website, you will be deemed to accept and agree to these Terms and Conditions.  If you do not agree with any of these Terms and Conditions, do not use the website or order products from the website.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time.  It is your responsibility to check these Terms and Conditions for changes periodically and you continued use of this website after changes have been posted will mean that you accept and agree to the changes.

Specific product terms and conditions

Products advertised on the website may be subject to specific additional terms and conditions, disclaimers or notices displayed on the website from time to time (Additional Terms).  You agree to read any Additional Terms presented to you on the website relating to any product you order.  By ordering a product from the website, you will be deemed to accept and agree to any Additional Terms which apply to that product.

Pricing and product information

Prices and other product information quoted on the website are subject to change from time to time without notice.  The price of a product ordered by you will be the price quoted on the website (summarised in the 'checkout' page) at the time you place your order.  Although we take reasonable care to ensure that prices and other product information quoted on the website are correct at the time of publication, we reserve the right to correct any publishing errors and cancel orders made at an incorrect price or with incorrect information.

Prices quoted on the website are in the currency indicated (depending on your location), and may not include local taxes, which may be added as required by law, later in the billing process.

Payment

Payment methods are specified on the website and are subject to change.  Payment is due immediately when your order is placed.  When placing an order on the website, you must provide the information requested to enable payment for your order to be processed.  You warrant that any payment information provided by you is true and correct and that you are authorised to charge the relevant payment to the selected payment method. 

If any taxes or duties are payable on a supply of a product ordered on the website, you must pay the applicable tax or duty in addition to the amount payable for the supply and delivery of the relevant product. 

Delivery

We ship our products to most countries.  Our prices are inclusive of shipping.

Products will be delivered to the delivery address specified in your order.  Orders will be dispatched by us as soon as practicable after receipt of an order.  Delivery dates or times indicated at the time of placing an order (if any) are approximate dates only and do not constitute a guarantee of delivery by such date.  For example, in-bound customs requirements may result in delivery delays.

If requested, you must provide reasonable proof of your identity and sign an acknowledgement of receipt of a product at the time the product is delivered to the specified delivery address. If you are not present at the time of attempted delivery of the product to the specified delivery address or you cannot provide reasonable proof of your identity, the delivery service may keep the product for later collection by you (if the delivery service is within a reasonable distance from the specified delivery address).  You will be notified if that happens, and you must then collect the product at your own expense. 

If we reasonably determine that your order is not deliverable to the specified delivery address due to the address provided being invalid, lack of reasonable access to that address or there have been 3 unsuccessful delivery attempts, or you do not collect the product within 15 days after being notified that it has been kept by the delivery service for collection by you, we may cancel the order and the relevant product will be returned to us and made available for sale to other customers.  In those cases, we will refund you the price you have paid for the product less packaging and delivery charges and reasonable handling costs. 

We reserve the right to make part deliveries of any order.  Failure to make a delivery of the total order does not invalidate the contract of sale in relation to product actually delivered.  You are not relieved of your obligation to accept or pay for a product because of any delay in delivery.  We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.  If you request for your item to be left without a signature then we cannot be held responsible for missing or stolen packages. 

If we discover after accepting an order that we cannot deliver the ordered product, we will notify you and will be entitled to cancel the order.  We will, of course, reimburse any payments you may have made to us for that order.  

Orders

Once you have placed an order, you cannot change it or cancel it without our express agreement.  If we agree to alter or cancel your order, you must pay us any loss, damage, cost or expenses incurred in relation to the change or cancellation.

We reserve the right to refuse any order placed on the website or limit quantities purchased.  In these cases, we will notify you and reimburse any payments made for the cancelled order.

We reserve the right to cancel orders that are purchased with the intent to promote counterfeit or copied products. In these cases, we will notify you and reimburse any payments made for the cancelled order.

Liability and disclaimer of warranties 

To the extent permitted by law, we exclude all warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage, or otherwise), and make no representations, relating to the website or any products supplied by us, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose.

Nothing in these Terms and Conditions or any Additional Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any laws that cannot lawfully be excluded or limited, including under the Australian Consumer Law.  To the maximum extent permitted by applicable law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Except as specified in this section, to the maximum extent permitted by law, our aggregate liability, whether in contract or tort (including negligence) or otherwise, for any loss or damage of whatsoever nature in connection with products supplied to you or your placement of orders on or other use of the website will be limited to and in no circumstances will exceed the price of the product to which liability relates, but we will not be liable to you (whether in contract, tort including negligence or otherwise) for any loss of revenue, loss of income or income earning opportunities, loss of data, loss of goodwill or reputation or anticipated savings or any indirect or consequential loss or damage (even if we are made aware of the possibility of it occurring) that you suffer or incur in connection with any products supplied to you or your placement of orders on or other use of the website.  

The limitations and exclusions set out in this section do not apply to our liability (if any) for wilful misconduct, fraud or gross negligence.

Products damaged in transit 

You must inspect products at the time of delivery.  If you believe a product has been damaged in transit, you must notify us (using the details in the "Contact" area of the website) within 7 days after receiving them (or collecting them from the delivery service).  If you do not notify us of the damage within that period, the product will be taken to have been received in good condition and you will waive any claims in respect of any damage that may have occurred in transit. Nothing in this section excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).

Returns and refund policy 

We accept returns and offer refunds in accordance with our <Returns & Exchanges Policy>.  If we believe or suspect that products purchased by you have been purchased for the purpose of market research, reproduction or use in marketing activities that have not been authorised by us, we reserve the right not to accept the return of those products and/or offer a refund.

Nothing in this section or the <Returns & Exchanges Policy> excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).

Website content and product designs

Unless otherwise stated, the website and all information and materials on or contained within the website (including text, graphics, logos, icons and software) are owned by us or our licensors and are protected by intellectual property rights.  You may download and print copies of material on the website, but only for your own private, non-commercial use.  Except as permitted by non-excludable applicable law, no part of the website (including any information or material on the website) may be reproduced, copied, published, adapted, framed or transmitted in any form or by any means without our prior written permission.  Requests for permission should be directed to us at info@vehlaeyewear.com.  We reserve all rights in the website and its content not expressly granted to you under these Terms and Conditions.

You agree not to use the website or products purchased from us to develop any product that copies any of our product designs.

You agree not to use the website or any content on it for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of Vehla or others.

If you make suggestions to us regarding the website or our products, that we then adopt, they are deemed to automatically become our sole and exclusive property free from any obligation of confidentiality to you.

Links to third party websites 

The website may contain links to other websites that are not operated or controlled by us.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by us.  We are not responsible for the content of third party websites and users access those websites at their own risk.

Virtual try on feature

Our virtual try on feature (which is accessible on mobile devices) uses an augmented reality filter which fits your image to the filter so that you can see how you might look wearing our product.  If you use our virtual try on feature, you acknowledge and agree that the try on feature is intended for illustrative purposes only and will not provide a true representation of how our product will fit you or how you will look wearing our product.    

Licence to use your posts

If you post any image or video featuring any of our products (Post) on your Instagram page and tag @vehlaeyewear, you:

• grant us a royalty free, perpetual, worldwide right and licence to (and to authorise others on our behalf to) share and repost the Post on our Instagram page and use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute and display such Posts in any media and by any means for our promotional purposes from time to time;
• consent to us using and publishing (and authorising others to use and publish) for the above purposes your name, image, likeness or anything else that identifies you which is contained in the Post; and
• warrant that you have obtained all necessary licences, consents and approvals in relation to the Post (including intellectual property licences and in relation to the use of the name, image, likeness or anything else that identifies any other person included in the Post) to permit us to deal with the Post in the manner described above.

If for some reason you change your mind about us using a Post, it is your responsibility to contact us.  We will then remove the content where we can reasonably do so.

Gifted Items

If you are using a Gifting Code to order products via our website or request or receive a gifted item from us, you agree that we can retain and use your contact information and personal details for the purpose of communicating with you. You agree that we may provide this information to a third party agency for the purpose of contacting you or communicating with you on our behalf. You agree to ensure that you or the client that you represent uses the label #ad on all imagery, content or media that you or your client produces that features the gifted product or products. You: 

• grant us a royalty-free, perpetual, worldwide right and licence to use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute and display any such imagery, content or media. You agree that we can use this content for our social media pages, email marketing and paid advertising. We agree to remove the content upon request where we can reasonably do so;
• consent to us using and publishing (and authorising others to use and publish) for the above purposes your or your client's name, image, likeness or anything else that identifies you or your client which is contained in imagery, content or media that features our product; and
• warrant that you have obtained all necessary licences, consents and approvals in relation to the imagery, content or media (including intellectual property licences and in relation to the use of the name, image, likeness or anything else that identifies any other person included in it) to permit us to deal with the imagery, content or media in the manner described above.

Privacy

We will collect and handle personal information about you in accordance with our Privacy Policy, which can be found at https://vehlaeyewear.com/pages/privacy-policy. You understand that transmission through the Internet may not be private or secure and may be intercepted by others.

Indemnity

You indemnify us in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of you acting inconsistently with or breaching any part of these Terms and Conditions or any Additional Terms due to, arising out of, or in connection with your use of this website.

Waiver 

Failure by us to insist on strict performance of any term, warranty or condition of these Terms and Conditions or any Additional Terms will not be taken as a waiver of it or of any of our rights, and no waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.

Applicable law

These Terms and Conditions and any Additional Terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts, with respect to any dispute arising out of or in connection with these Terms and Conditions or any Additional Terms, the website or any orders you place on the website. 

Changes to these Terms and Conditions

We may from time to time change, modify, add or remove portions of these Terms and Conditions and any Additional Terms by posting the amended version on the website.  Subsequent or continuing use of the website after any changes are made will constitute acceptance of the changes.   

If any part of these Terms and Conditions or any Additional Terms is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

Contact details

If you have any questions about these Terms and Conditions or the website, please contact us at info@vehlaeyewear.com.

Updated Nov 2021