Terms of service
INTRODUCTION
The following Terms and Conditions apply to all orders placed by the customer, referred to as "you" or "your", for any purchase made through onyaeyewear.com.au.
Please read these Terms and Conditions carefully before purchasing any product from Onya.
Any reference to "we", "us" or "our" is a reference to Onya and onyaeyewear.com.au. Any reference to "you" or "your" is a reference to the customer.
By accessing our website, placing an order, creating an account or purchasing a product from us, you agree to be bound by these Terms and Conditions.
Onya reserves the right to change, update or alter this website and these Terms and Conditions from time to time at its sole discretion. Any changes will take effect when posted on our website.
ORDERS AND PAYMENT
Any product you order from onyaeyewear.com.au is an offer by you to purchase the product for the listed price on the website, including GST where applicable.
All products will be supplied new unless otherwise clearly stated.
Payment must be made in full before we dispatch any products.
Onya reserves the right, after receiving your order, to accept or decline your order for any reason prior to delivery. Your receipt of payment or order confirmation does not constitute our final acceptance of your order.
We may decline, cancel or amend an order where:
The product is unavailable.
There is an error in the product description, price, promotion or availability.
There is an issue with payment authorisation.
We reasonably suspect fraud or unauthorised activity.
We are unable to deliver to the address provided.
The order breaches these Terms and Conditions.
If we cancel your order after payment has been received, we will refund the amount paid for the cancelled item or order within a reasonable time.
Risk in the product passes to you when the item is delivered to your nominated delivery address.
Title in the product passes to you once full payment has been received and the product has been delivered.
DELIVERY
Any timeframes quoted for delivery are estimates only. Onya will not be liable for any delay in delivery, except to the extent required by applicable law.
Delivery will be made by post, courier or another carrier service to your nominated delivery address.
You are responsible for ensuring that the delivery address and contact details provided at checkout are accurate and complete.
If there is a failure to deliver the item within fifteen (15) days of the expected delivery timeframe, we may notify you by email of the change in delivery timing. Where applicable, you may have the option to cancel your order before dispatch.
If there is an error and the delivered item or items do not match your order, you must notify Onya within twenty four (24) hours of delivery where possible, including your order number, the goods ordered and the error. Onya will review valid errors or shortages and take reasonable steps to rectify the issue.
Nothing in this section limits your rights under the Australian Consumer Law or any other applicable consumer protection laws.
SHIPPING
Orders are generally dispatched within twenty four (24) to forty eight (48) hours, Monday to Friday, excluding public holidays and peak sale periods.
Shipping options, costs and estimated delivery timeframes will be shown at checkout where applicable.
Orders within Australia may be eligible for free standard shipping, depending on the shipping settings, promotions or thresholds available at the time of purchase.
Express shipping may be available at the standard carrier cost or at the cost shown at checkout.
International shipping costs, duties, taxes, customs charges and import fees are the responsibility of the customer unless otherwise stated.
Shipping timeframes are estimates only and may vary due to carrier delays, customs delays, public holidays, peak periods, weather events, force majeure events or other circumstances beyond our reasonable control.
CANCELLATION BY ONYA
If any product is listed at an incorrect price or with incorrect information at the time of sale, Onya reserves the right to cancel that sale.
If your payment has already been received, we will refund the amount paid for the cancelled product or order within a reasonable time after becoming aware of the issue.
We will notify you if your order is cancelled.
CANCELLATION BY YOU
Once an order has been placed, we may not be able to cancel or amend it before dispatch.
If you wish to cancel or amend an order, please contact us as soon as possible at info@onyaeyewear.com.au with your order number.
If the order has already been dispatched, you may need to follow our Returns and Refund Policy.
RETURNS AND REFUNDS
Onya does not take responsibility for any delivered product that has not been used for its intended purpose, has been misused, has been damaged after delivery, or has been affected by general wear and tear.
Subject to your rights under the Australian Consumer Law and any other applicable consumer protection laws, Onya may provide a refund, replacement, exchange or store credit where:
The item is faulty.
The item does not match what you purchased.
The customer changes their mind and the return meets the conditions set out in our Returns and Refund Policy.
For change of mind returns, the customer must return the product within ten (10) days of delivery to be eligible for a refund, provided the item is unused, unworn, in as new condition and returned with all original packaging, cases, accessories and proof of purchase.
Acceptable change of mind returns received after ten (10) days, but within sixty (60) days of delivery, may be eligible for store credit in accordance with our Returns and Refund Policy.
Shipping costs, taxes, duties and return shipping fees may not be refundable unless required by applicable law.
If you purchased any product as part of a promotional deal and received a complimentary product free of charge, and you wish to receive a refund on the purchased product, you must also return the complimentary promotional product in original condition. If the complimentary promotional product is not returned, we may deduct the value of that product from your refund, unless otherwise required by law.
If you are returning a product after purchase, please ensure it is in original condition with all tags, packaging, cases and accessories included.
We will send you a notification email once we have received and assessed your returned item.
All orders will be deemed final after the applicable return period, unless the item is faulty or you are otherwise entitled to a remedy under applicable law.
AUSTRALIAN CONSUMER LAW
Nothing in these Terms and Conditions excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable consumer protection laws.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If your product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.
Change of mind returns are offered in accordance with our Returns and Refund Policy and do not limit your rights where a product is faulty, unsafe, not as described, not fit for purpose or otherwise fails to meet a consumer guarantee.
TAX
All orders within Australia are subject to the Australian GST tax rate of 10%, where applicable.
You acknowledge that you are responsible for the payment of any fees, taxes, duties, customs charges, import fees and compliance with any relevant laws in the country where the order is delivered, unless otherwise stated.
WARRANTY
Onya products are guaranteed against faults or defects in materials and workmanship for a twelve (12) month period from the date of purchase.
Onya may, at its discretion and subject to your rights under applicable law, decide to repair, replace or refund a faulty or defective product.
This warranty does not cover general wear and tear, lens scratches, accidental damage, force majeure events, heat damage, misuse, negligence, mishandling, abuse, loss, theft, damage caused by failing to follow care instructions, or unauthorised alterations or repairs.
Any alterations made to the product may void the warranty and any repair, replacement, refund or warranty claim will be assessed at the discretion of Onya, subject to applicable law.
Onya does not make any warranty as to results that may be obtained from the use of products purchased by the customer, except as required by law.
The customer acknowledges that they have relied on their own judgement as to the suitability of the products purchased for their intended purpose, except where Onya has expressly represented that a product is suitable for a particular purpose and the customer has relied on that representation.
Nothing in this warranty section limits your rights under the Australian Consumer Law or any other applicable consumer protection laws.
PRODUCT USE AND SAFETY
Onya products should be used only for their intended purpose and in accordance with any product information, safety information, care instructions or certification information provided.
Safety eyewear products may be designed and tested for specific standards, uses or conditions. It is your responsibility to ensure that the product selected is suitable for your intended use, workplace requirements and any applicable safety requirements.
Onya is not responsible for misuse, incorrect use, failure to follow safety instructions, use outside the product’s intended purpose, or use in environments or situations for which the product is not designed, except to the extent required by applicable law.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Onya and its suppliers, affiliates, directors, officers, representatives, contractors and employees will not be liable for any indirect, incidental, special, exemplary, consequential or economic loss or damage, loss of profits, loss of revenue, loss of opportunity, loss of goodwill, loss of data or business interruption arising out of or in connection with the use of our website, the purchase or use of our products, or these Terms and Conditions.
To the maximum extent permitted by law, Onya will not be liable for any matter beyond its reasonable control.
To the maximum extent permitted by law, Onya’s total aggregate liability arising out of or in connection with the sale of goods under these Terms and Conditions will be limited to the amount paid by you for the relevant product.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under applicable law.
INTELLECTUAL PROPERTY
All material contained on this website, and the website itself, are protected by intellectual property rights whether registered or unregistered.
All present and future rights to intellectual property, including inventions, conceptual ideas, information, trademarks, patents, designs, copyright, logos, brand names, product names, images, graphics, text, video, audio, website layout, product designs and any corresponding property rights under the laws of any jurisdiction, are owned by Onya or used by Onya under licence.
These rights also extend to all products, content, designs and materials developed in whole or in part by Onya.
Any use of materials contained within the website, including reproduction for commercial use, modification, distribution, republication, copying, downloading, displaying or transmitting without the express written permission of Onya, is strictly prohibited.
HYPERLINKS
This website may contain links to other internet sites that are owned and operated by third parties.
Onya makes no representation and accepts no responsibility for the operation, content, availability, accuracy, security or privacy practices of any third-party website accessible through this website, or any third-party website linking to this website.
Accessing any third-party website is at your own risk.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of Western Australia.
The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.
CONFIDENTIALITY AND PRIVACY
When ordering products or using our website, you may be required to provide personal information such as your name, delivery address, email address, telephone number and payment details.
We will handle your personal information in accordance with our Privacy Policy and applicable privacy laws.
Please refer to our Privacy Policy for more information about how Onya collects, uses, stores and discloses your personal information.
This confidentiality section does not apply to information that:
Is in the public domain, other than as a result of a disclosure by Onya.
Was already known to a party before its disclosure by the other party or that party’s officers, employees or agents.
Is required to be disclosed by law.
DISCLAIMER
Onya makes no representations about the suitability, completeness, accuracy or reliability of any information on or available through this website, except to the extent required by law.
The information available on or through this website, including any content, materials, products or links to other websites, is provided on an as is and as available basis.
To the maximum extent permitted by law, Onya disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In no event shall Onya or its affiliates, directors, officers or employees be liable in any way, whether in negligence or otherwise, for any loss or liability, whether direct, indirect, consequential or otherwise, or any damages or loss of profits you or anyone else may suffer in connection with the use of information on or available through this website or any other websites available through this website, except to the extent required by applicable law.
FORCE MAJEURE
Onya will not be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, extreme weather, strikes, industrial action, transport delays, carrier delays, customs delays, acts of government, war, terrorism, pandemics, epidemics, supply chain disruptions, power outages, internet outages or other events beyond our reasonable control.
CONTACT
If you have any questions about these Terms and Conditions, please contact us at: