Terms and Conditions

Terms and Conditions

1. The following terms and conditions apply to the use of this website. In using this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website.

2. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to comfyspecs.com.au. and comfyspecs.com.

3. We reserve the right to amend the terms and conditions from time to time as required. Any amendments will be effective immediately upon its publication on this website. Your continued use of the website after such notification deems you have agreed to be bound by the amended terms and conditions.

4. You must provide us with details of your prescription to be applied to the glasses. The prescription from your Optometrist for your eye examination must be within the last 2 years.

5. If you are unsure of the issued prescription for your glasses, you need to consult your Optometrist before placing your order. You may also contact us and we will assist you where we can.

6. You provide us the papillary distance (Pd) to complete your order. If the Pd is not provided you will not be able to proceed with the order.

7. We will only fulfil orders for single vision glasses.

8. You may offer to purchase goods described on this website for the price specified on this website.

9. At our discretion we will accept or reject your offer to purchase. For us to accept your order, we require payment in full for the goods including any delivery charges. Your order cannot be cancelled once it has been submitted.

10. We are not required to state the reasons for rejecting your offer to purchase. Where we have rejected your offer to purchase after the payment has been processed, we will credit the full amount of the purchase back against the credit card used for payment. In addition, neither party will bear any further liability as a result of us not accepting your offer to purchase.

11. We cannot guarantee the availability of products advertised on this website. We will endeavour to ensure we track stock on hand and availability of stock from our suppliers. We will do our best to ensure delivery of the goods to you will be within 28 days of acceptance of your order.

12. Title in the goods does not pass to you until payment has been received. If you do not receive goods ordered within 28 days, you must notify us in writing within 40 days of ordering the goods, otherwise no claim will be considered or acknowledged for non-delivery.

13. If you do not accept delivery for any reason other than due to our error, we reserve the right to charge for any additional costs we incur to re-deliver (such as freight, insurance etc) in addition to any accrued rights that we may have.

14. Upon delivery, inspect the goods. If any of the goods are lost or damaged, not what you ordered, we shall have no liability unless you notify us in writing within 10 working days of delivery. Do not use them and contact us.

15. Prices for the goods are exclusive of goods and services tax (GST) where applicable for all purchases shipped to an address in Australia. Prices also exclude costs of freight and GST on freight.

16. You must be a person who can enter into a legally binding contract for the sale of goods.

17. You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like an 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 to you. 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 purchase amount in question.

18. We reserve the right not to accept any order or to cancel any order if

• We have insufficient stock;

• We do not deliver to your area.

• You have previously made a claim for non-delivery of goods.

• For any other reason.

19. To become an active member of ComfySpecs and have access to member privileges, at sign up, the applicant is required to make a purchase of 2 (two) pairs of glasses from $99.00. To maintain an active membership, the applicant/member is required to make a purchase of $60.00 every 6 (six) month after the initial application has been accepted and processed. ComfySpecs reserves the right to accept or reject your application to become a member for any reason.

20. Where a member fails to maintain their membership status, and membership has expired, and the applicant would like to maintain their membership, the Applicant is required to reapply for membership and item 19 shall apply.

21.  We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use or reliance of information contained on this website.

22. The disclaimer as stated in item 20 does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

23. Users must take reasonable precautions to ensure that when accessing this website you do not expose yourself to the risk of viruses, malicious viruses or any form of interference that may damage your computer. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

24. Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy or completeness of such information. We do not accept responsibility for loss suffered as a result of reliance by you upon information contained on this website.

25. We are not responsible for any content appearing on linked websites or advertisements that may appear on this website, such responsibilities rests solely with the advertisers. The placement of such advertisements on our website does not constitute a recommendation nor an endorsement of the advertiser’s goods and services. Each advertiser is responsible for any representations made.

26. It is unfortunate no data transmission over the Internet can be guaranteed as totally secure. However, we will take all reasonable measures and implement industry standard SSL (Secure Socket Layer) to secure our website and data transmission between our website and our bank. Whilst we strive to protect such information, 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 is transmitted at your own risk. We do not accept any responsibility or liability for any such losses which you may sustain as a result of such activity.

27. 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.

28. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

29. If any of the terms and conditions is held to be unenforceable or illegal for any reason, the remaining terms and conditions shall continue in full force.

Acceptance of Terms and Conditions

You acknowledge that you have read, understood and accepted the above terms and conditions.