Terms & Conditions
1. This website is operated by BLUblox (ABN 38 472 469 810). Throughout the site, the terms “we”, “us” and “our” refer to BLUblox. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2. By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Supply”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Supply apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3. Please read these Terms of Supply carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Supply. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Supply are considered an offer, acceptance is expressly limited to these Terms of Supply.
4. Any new features or tools which are added to the current store shall also be subject to the Terms of Supply. You can review the most current version of the Terms of Supply at any time on this page. We reserve the right to update, change or replace any part of these Terms of Supply by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
5. Our store is hosted on ECWID. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
6. By agreeing to these Terms of Supply, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
7. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. A breach or violation of any of the Terms will result in an immediate termination of your Services.
10. We reserve the right to refuse service to anyone for any reason at any time.
11. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
13. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
14. All terms of the Terms of Supply granting us rights and limiting our obligations and like terms, are to be read as being to the maximum extent permitted by law. Nothing in these Terms of Supply is intended to modify or oust the Australian Consumer Law 2010 (Cth) and related legislation.
15. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
16. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
17. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
18. Prices for our products are subject to change without notice.
19. BLUblox reserves the right to reject all refund requests on sale items purchased during sale events. We do however offer exchanges on all items during sale periods. Full priced items purchased without a sale discount code during sale periods will be eligible for both refund or exchange
20. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
21. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
22. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with our returns policy.
23. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
24. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
25. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
26. We use reputable shipping providers to deliver products you order through us. When our products are delivered to you, you must inspect them within a reasonable period of time. If any products are delivered damaged, or if any products are not delivered within a reasonable time, you should notify us as soon as possible. We will process any claims for damaged or undelivered goods in accordance with law.
27. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
28. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
29. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
30. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
31. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
32. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
33. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Supply.
34. Certain content, products and services available via our Service may include materials from third-parties.
35. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
36. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
37. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
38. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Supply.
41. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
42. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
43. In addition to other prohibitions as set forth in the Terms of Supply, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 44. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
45. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
46. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
47. In no case shall BLUblox, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
48. You agree to indemnify, defend and hold harmless BLUblox and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Supply or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
49. In the event that any provision of these Terms of Supply is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Supply, such determination shall not affect the validity and enforceability of any other remaining provisions.
50. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
51. These Terms of Supply are effective unless and until terminated by either you or us. You may terminate these Terms of Supply at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
52. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Supply, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
53. The failure of us to exercise or enforce any right or provision of these Terms of Supply shall not constitute a waiver of such right or provision.
54. These Terms of Supply and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Supply).
55. Any ambiguities in the interpretation of these Terms of Supply shall not be construed against the drafting party.
56. These Terms of Supply and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia.
57. You can review the most current version of the Terms of Supply at any time at this page.
58. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Supply by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Supply constitutes acceptance of those changes.
59. Returned items will be subject to a cleaning fee of $10.00 per pair of glasses if the customer has not cleaned the lenses properly.
60. Any opened, damaged or lost accessories in a returned item will be deducted at from the refund at the following charges; cleaning cloth $5.00, carry pouch $5.00, box $10.00
61. Multifocal and progressive prescriptions are ordered at the customer’s own risk. BLUblox will estimate the height of this prescription and by purchasing this option the customer indemnifies BLUblox and its suppliers against any incorrect height used when making multifocal and progressive glasses.
62. Once you have placed your order the order is final and no changes can be made and will be shipped as is.
63. Overseas shipment times outlined at check out are estimates only. BLUblox does not accept any liability for delay in shipments as a result of Australian Post or local National Carriers. Shipment times are an average of deliveries and the customer will accept that packages for overseas shipments cannot be guaranteed within the estimated times frame and indemnifies BLUblox against reasonable delays in taking receipt of the delivery.
64. You agree and understand that BLUblox glasses cannot be claimed under any health fund. BLUblox does not have agreements with health funds are have a health fund number for claiming on our product line. BLUblox is a fashion accessory and not a medical devise.
65. Any import duties or custom fees incurred on orders are at the sole cost of the customer and the customer indemnifies BLUblox Pty Ltd against these costs.
66. Duties and taxes are applicable in some countries when shipping from Australia. It is the customer's responsibility for payment on any duties and taxes applicable on their order. These duties will be advised by DHL Express via email or text to you when they reach customs in your country. BLUblox accepts no responsibility for duties and taxes at international borders and by purchasing from us you agree that duties and taxes are your responsibility. Currently No Duties and Taxes are applicable on orders being shipping to the USA.
67. If you are from the UK you have two options to pay duties and taxes. You can opt to pay these upfront to BLUblox and we will pay the duties and taxes up front to DHL. This is called "Duties Paid" at checkout and is the best option and often cheaper for you in the long run. You can also opt to pay for duties and taxes to DHL directly, this option is called "Duties Unpaid" at checkout, as BLUblox does not pay the duties and taxes, you do, directly to DHL UK.
68. Failure to pay your duties and taxes resulting in DHL returning your order to BLUblox PTY Ltd will result in a return shipping cost of $60 AUD being deducted from your refund when the package is received by us. By purchasing a product from our website you hereby agree to this and all other associated terms and conditions.
69. All claims on this website are solely the opinion of BLUblox Pty Ltd and our lens supplier does not support our claims.
70. The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. The purpose of this website is to promote broad consumer understanding and knowledge of various health topics related to light. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
BLUblox does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this website. Reliance on any information appearing on this website is solely at your own risk. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS