Terms and Conditions
About this website
Topheads Eyewear Pty Ltd is a fully owned and operated Australian company based in Bondi. Topheads.com.au allows customers to browse and purchase products from Topheads Eyewear ABN 33155835457.
The use of this site is governed by the policies, Terms and Conditions set out below. Please read them carefully. Your use of this site for any reason or in purchase order to Topheads Eyewear indicates the acceptance of those Terms and Conditions, regardless of whether you create an account or make a purchase.
If you breach or intend to breach any of the Terms and Conditions, you are prohibited from continuing to use the Website.
If you do not agree with Topheads Eyewear Terms and Conditions you must leave this Website immediately.
Topheads Eyewear Pty Ltd reserves the right to make changes to this site and the Terms and Conditions at any time.
About these terms of use
These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.
Your access/use implies agreement
The website is available for your use only on the condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.
Modifications to the Terms
Topheads Eyewear Pty Ltd may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
Modifications to the information
Topheads Eyewear Pty Ltd does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Topheads Eyewear Pty Ltd.
Errors and problems
Topheads Eyewear Pty Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
License and Ownership
The copyright for the content on this website is owned or licensed by Topheads Eyewear Pty Ltd and is protected under the Copyright Act 1968 (Cth) and by other copyright Laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Topheads Eyewear Pty Ltd.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Topheads Eyewear Pty Ltd.
Topheads Eyewear Pty Ltd Privacy Policy
Topheads Eyewear Pty Ltd privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Topheads Eyewear Pty Ltd for the purpose of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available here.
Feedback, suggestions, comments or requests
Topheads Eyewear Pty Ltd does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to info@topheads.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Topheads Eyewear Pty Ltd is under no obligation to keep such information confidential, and Topheads Eyewear Pty Ltd will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Topheads Eyewear Pty Ltd. Topheads Eyewear Pty Ltd makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Topheads Eyewear Pty Ltd may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Topheads Eyewear Pty Ltd website.
Inbound links
Topheads Eyewear Pty Ltd generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Topheads Eyewear Pty Ltd.However, linking to any other page of the website is strictly prohibited, without express written permission from Topheads Eyewear Pty Ltd.
Jurisdiction
The Australian section is provided for use only by Australian residents. The Law applicable to use of the Australian section and to disputes arising out of the Australian section is the Law of Austrialian States and Territories and The International Section is provided for use by residents of any country in the world but only to the use fullest extent permitted by Law.
The Laws applicable for the International Section are the Laws of Australia and the Laws of New South Wales will deal with all queries or disputes arising out of the International Section.
Disclaimer of Warranties
Topheads Eyewear Pty Ltd makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
Limitation of Liability
If Topheads Eyewear Pty Ltd is found responsible for any damages, Topheads Eyewear Pty Ltd is responsible for actual damages only. In no event shall Topheads Eyewear Pty Ltd, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
Every effort has been made to ensure the information contained on the Website is correct, however, Topheads Eyewear Pty Ltd makes no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis.
Topheads Eyewear Pty Ltd, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by Law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Topheads Eyewear Pty Ltd is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.
General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Topheads Eyewear Pty Ltd with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Topheads Eyewear Pty Ltd that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Topheads Eyewear Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Topheads Eyewear Pty Ltd only comes into existence when Topheads Eyewear Pty Ltd forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f This contract shall be governed by and construed in accordance with the Law in effect in the relevant State of Australia and by entering into contract both parties are accepting the jurisdiction of the courts of that State, in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Topheads Eyewear Pty Ltd if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Topheads Eyewear Pty Ltd within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods supplied/delivered shall pass from Topheads Eyewear Pty Ltd to you when Topheads Eyewear Pty Ltd accepts your offer and assigns product in the Topheads Eyewear Pty Ltd warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
i. Topheads Eyewear Pty Ltd shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Topheads Eyewear Pty Ltd shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Topheads Eyewear Pty Ltd in respect of any such use. Topheads Eyewear Pty Ltd is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by Topheads Eyewear Pty Ltd for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Topheads Eyewear Pty Ltd implied by the Goods Act, 1958.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Topheads Eyewear Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. Topheads Eyewear Pty Ltd reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Delivery
The delivery times provided by Topheads Eyewear Pty Ltd are estimates only. Topheads Eyewear Pty Ltd will not be held accountable for late deliveries or loss or damage relating to late deliveries. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Topheads Eyewear Pty Ltd cannot be held responsible for incorrectly entered delivery addresses.
Acceptance of the Goods
The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the goods should there be a fault.
Change of Address
Topheads Eyewear Pty Ltd cannot be held responsible for an incorrect address being entered on your order.
Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact us immediately.
We will attempt to update any incorrect order details.In the case that your order is processed and cannot be updated, please refer to our returns and exchange section for more information.
International Customs Charges
Some orders may incur a customs or import duty charge. Topheads Eyewear Pty Ltd do not have any control over these charges or are unable to advise what they will be , as it is based on your own countries regulations & compliances. For further information, please contact your local customs office. All charges are to paid by the customer on delivery of order.
International orders are sent with Australia Post International Mail service. This service usually takes between 7 - 21 working days depending on the destination.
If you arrange for products to be delivered to another person, Topheads Pty Ltd will not inform that person that you made the purchase. You may wish to let the person know that products have been ordered and check that the parcel has been delivered.
Some international orders may require additional identification before being processed. This may affect estimated delivery times. Topheads Eyewear Pty Ltd reserves the right to request additional identification prior to processing orders originating outside Australia.
Pricing
Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars.
Warranties, Refunds & Returns
For all Warranties, Refunds and Returns please click here.
Order Cancellations
Topheads Eyewear Pty Ltd will notify you once your order has been dispatched. If you would like to cancel a order before the goods have been dispatched please email info@topheads.com.au. If your order has been shipped, Topheads Eyewear Pty Ltd reserves the right to refuse order cancellation. Please note, for all completed custom lens or prescription lens orders, the lens portion of the order will not be refunded as this is an additional charge paid to a third party provider.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error Topheads Eyewear Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Topheads Eyewear Pty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, Topheads Eyewear Pty Ltd shall immediately issue a credit to your credit card account in the amount of the charge.
Loss of Goods
The risk of loss of goods shall be passed to you upon our delivery of the product to Topheads Eyewear Pty Ltd nominated Delivery Company. Topheads Eyewear Pty Ltd will not be held responsible for any loss, damage or liability as a result of this authority.
Links
The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Topheads Eyewear Pty Ltd is not responsible for the operation of or content located on or through any such other website.
Free Home Trial
Topheads is proud to offer customers within Australia a FREE HOME TRIAL on our spectacle glasses range. Topheads will ship a selected 5 frames for 5 days. The customer is requested to pay a ' holding deposit ' of $100.00AUD. Upon completion of the trial Topheads will then refund the holding deposit back onto the customers account. Topheads may refuse to refund this holding deposit if the frames are not returned intact, stolen or missing. If a parcel goes missing and cannot be relocated Topheads may also refuse to refund the holding deposit to the customer.
