Terms & Conditions

Terms and Conditions of Supply

If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with Eyewearibuy.com, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.

EYEWEARIBUY.COM TERMS AND CONDITIONS OF SUPPLY

1。這項協議是在 Eyewearibuy.com 網站下單客戶（“您”）和 Eyewearibuy.com owned by 創藝光學有限公司之間簽訂的。

1.1 In these Terms:

"Goods" means those products made available by Eyewearibuy.com that You wish to purchase, as indicated in Your Order.

"Order" means orders placed in accordance with the provisions of Section 3.1.

"Site" means the website owned and operated by Eyewearibuy.com with URL address http://eyewearibuy.com

2. Customer Obligations

2.1 By submitting Your Order You warrant, represent and undertake:

2.1.1 that You are aged 18 or over and are not ordering on behalf of another person

2.1.2 to provide any details reasonably requested by Eyewearibuy.com to confirm that You are eligible to purchase the Goods

2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use

2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site.

3. Orders for Goods

3.1 Orders must be placed:

3.1.1 via the ordering system on the Site or

3.2 Your submission of the Order, submitted via the Site represents an offer to purchase the Goods from Eyewearibuy.com. Eyewearibuy.com may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that Eyewearibuy.com will supply any Goods to You.

3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this timemay be rejected by Eyewearibuy.com at its absolute discretion.

4. Limitations of Supply

4.1 Eyewearibuy.com shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, Eyewearibuy.com will contact You to give You a choice to receive a replacement or a refund. If Eyewearibuy.com receives no response from You, Eyewearibuy.com may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.

4.2 Eyewearibuy.com tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst Eyewearibuy.com tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods, and accept that such minor variations will not give You a right to refuse delivered Goods.

4.3 Eyewearibuy.com shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.

5.Prices and Payment

5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site or the current mail order catalogue at the time Your Order is placed in accordance with these Terms.

5.2 Unless otherwise stated on the Site, all prices for Goods are in HK Dollars.

5.3 While Eyewearibuy.com uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, Eyewearibuy.com will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You.

5.4 The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.

6. Delivery and Carriage

6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.

7. Goods that are Defective on Delivery

The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods 7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact Eyewearibuy.com by email and inform us of the problem within 5 days of delivery of the Goods. If Eyewearibuy.com (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed “Defective on Delivery”.

7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact Eyewearibuy.com by email and inform us of the problem within 5 days of delivery of the Goods. If Eyewearibuy.com (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed "Defective on Delivery".

7.2 You must notify Eyewearibuy.com immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise Eyewearibuy.com within 14 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".

7.3 If the Goods are Defective on Delivery, Eyewearibuy.com will either repair or replace such Goods or refund the price paid for the Goods to You.

7.4 If the Goods are Defective on Delivery, You agree to return the Goods to Eyewearibuy.com in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.

7.5 Subject to Clause 7.6, Eyewearibuy.com shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the reasonable costs of returning the defective Goods.

7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing and delivery) until the returned Goods are received by Eyewearibuy.com.

8. Manufacturing defects in Goods

8.4 If You discover a manufacturing defect within six months of delivery of any Goods, You must notify Eyewearibuy.com immediately.

8.4.1. If You return the defective Goods stating the manufacturing defect to Eyewearibuy.com, Eyewearibuy.com shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods.

8.4.2. Eyewearibuy.com shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by misuse or mistreatment of the Goods.

8.4.3. Eyewearibuy.com shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse You the reasonable cost of returning the defective Goods.

9. Transfer of Risk and Title in Goods

9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order provided that Eyewearibuy.com has received payment in full for the Goods.

9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order.

9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by Eyewearibuy.com.

10. Liability

10.1 Nothing in this Agreement shall exclude or limit either party's liability for death or personal injury resulting from that party's negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods..

10.2 Subject to Clauses 10.1, the total liability of Eyewearibuy.com to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Eyewearibuy.com for the Goods to which the Order relates.

10.3 Subject to Clause 10.1, Eyewearibuy.com shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.

10.4 Subject to Clause 10.1, Eyewearibuy.com shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Eyewearibuy.com has been advised of the possibility of such loss or damage.

10.5 Subject to Clause 10.1 Eyewearibuy.com shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.

10.6 Subject to Clause 10.1, Eyewearibuy.com accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.

11. Force Majeure

Eyewearibuy.com shall not be liable for failure to comply with these Terms owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.

12. Notices

Any notice or other communication to be given under these Terms must be in writing, in the case of notices to Eyewearibuy.com, and in the case of notices to You, by pre-paid post or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.

13. General Provisions

13.1 In the interpretation of these Terms:

13.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and

13.1.2 "including" means including without limitation and includes shall be construed accordingly.

13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.

13.3 These Terms incorporate by reference the following additional terms: a) Eyewearibuy.com "100% Guarantee", as published on the Site, b) if the Goods include any item manufactured in accordance with a prescription from registered medical practitioner or optometrist, the "Additional Terms and Conditions for Prescription Eyewear".

13.4 These Terms and any relevant Order accepted by Eyewearibuy.com constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in Eyewearibuy.com 's catalogue and sales literature) and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by Eyewearibuy.com. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of Eyewearibuy.com and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of Eyewearibuy.com with You in writing.

13.5 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.

13.6 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.

13.7 These Terms and any relevant Order are governed by the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.

14. Campaigns

14.1 Summer Sale Campaign

14.1.1 Promotion codes are valid on the total cost of the order before shipping costs and/or applicable taxes are applied.

14.1.2 Eyewearibuy.com reserves the right to cancel, edit, shorten or extend promotions at any time.

14.1.3 Only one promotion per order may be applied unless noted specifically in the promotion details