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Terms & Conditions + Privacy

 

Terms of Use

 

At GogglesnMore (we or us), we know you are excited about using our service to manage your eyecare needs , but we ask that you take time to read and understand these terms and conditions carefully. They explain a number of things including, the rules covering our provision of goods and services to you and other information regarding your rights and obligations.

We provide a range of electronic services including this website and electronic newsletters (Electronic Services). In particular, our website offers an easy and convenient method of ordering eyecare products online,

1 By accessing or subscribing to any of our Electronic Services you confirm that you have read, understood and agree to be bound by these terms and conditions [and any acceptable use policy we may introduce in future], which will form part of these terms and conditions.

2 To keep up with regulatory, technical and organisational change, we may vary these terms of use from time to time by publishing the updated policy on our website or by notifying you in any other way. Please be sure to visit our website regularly to keep up to date with any changes. You may wish to save a copy of these terms and conditions for your records.

 

Your information and Privacy

3 By subscribing to or placing orders through our Electronic Services, you represent and warrant that you are 18 years old or over. If you are under 18 years old, you must not attempt to subscribe to or place orders through our Electronic Services.

4 You must not harvest any personal information, email addresses or other electronic addresses provided in or accessible through an Electronic Service for use in another database or use them to send spam or place them on any email list.

5 You agree to provide accurate, complete and up-to-date information where we require them to provide you with goods and services. For a detailed explanation of how we collect, use and store personal information please see our Privacy Policy available at here.

6 Subject to Hong Kong law and our Privacy Policy, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service.

 

Pricing and Taxes

7 Unless otherwise indicated or agreed, all prices on this website are in US dollars (USD$) and are not inclusive of any value-added, sales, or goods and services tax or duties that may be applicable to where the goods are shipped to.

9 Prices displayed on our web site are correct at the time of display.

10 We reserve a right to alter prices from time to time without notice. We will not alter the price you must pay for an order if we have already notified you that we have accepted that order, however we may cancel an order in accordance with our Terms of Trade.

 

Third Party Links

11 We provide for your convenience and awareness, amongst other things, references or links to other websites or references to other people, services or information. We may not agree with and are not responsible for the content of those linked websites and encourage you to make your own decision about the accuracy and reliability of information found on those websites. If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately.

 

Electronic Services and Downtime

13 You agree to us communicating with you regarding our various activities, events, Electronic Services and your material by electronic messages.

14 Information provided through our Electronic Services, is provided as general information only and must not be used or relied upon as a substitute for medical advice from your doctor, eyecare professional or other professional healthcare provider. If you have any questions regarding our content, please contact us at sales@gogglesnmore.com. Just to be sure, you should check the information and get independent advice regarding any issue before making any decision or taking any action.

15 We do not warrant that our Electronic Services comply with any particular laws, regulations, codes or industry standards of any country. You acknowledge and agree to use our Electronic Services at your own risk and accept responsibility for ensuring or confirming compliance with all applicable laws resulting from your access or any consequent transactions or dealings with other users, third parties or us.

16 Our Electronic Services may occasionally be unavailable for maintenance, updating or otherwise. While we take great care in operating our Electronic Services, information and material provided through the Electronic Services, they might not always be accurate, suitable for you, available, complete or current.

17 We may change the content or format or method of delivery of the Electronic Services or withdraw any material or services provided from time to time. We may also refuse to allow any user or third party access to the Electronic Services.

 

Disclaimers

18 The information contained in our Electronic Services is provided as general information only. You must not use or rely upon it as a substitute for medical advice from your doctor, eyecare professional or other professional healthcare provider. You must not use information provided in our Electronic Services for diagnosis, prescription or treatment of any health disorder whatsoever.

19 Please consult your doctor, eyecare professional or other healthcare professional if you have any questions about any medical matter or if you think you may be suffering from any medical condition.

 

Limitation of Liability

20 We take no responsibility and do not accept liability for your conduct using our Electronic Services. You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Electronic Services and you agree to indemnify us and our officers, employees, agents, contractors and advisors against any such claims.

21 To the full extent permitted by law:

(a) we do not take responsibility and disclaim all liability for information or services provided through our Electronic Services, or for any action you take, whether due to our negligence or otherwise;

(b) we disclaim all liability for any claims, loss, damage, costs (including legal costs), expense or liability of any kind you or any other person suffers in connection with our Electronic Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. The same applies to our officers, employees, agents, contractors and advisors;

(c) we exclude all terms and warranties implied by law. If a term or warranty cannot be lawfully excluded, then as much as lawfully possible we limit our liability to, at our option and where applicable, resupplying or the cost of you acquiring the relevant services; and

(d) we won’t be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services.

 

Other Terms

22 The laws of Hong Kong govern access to and participation in the Electronic Services and you agree to be bound by the laws and submit to the exclusive jurisdiction of the courts of Hong Kong.

23 We do not offer to provide services in any place if it would be illegal there. You must not access or use the Electronic Services from such a place in a way that would breach a law of that place.

24 If any provision of these terms and conditions are held to be invalid, unenforceable or illegal reasoning any place, the remaining terms and conditions shall nevertheless continue in full force and effect in that place without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision in any other place.

 

 

 

Terms of Trade

 

At GogglesnMore.com (we or us), we are committed to providing you an easy and convenient method of ordering eyecare products online.  If for any reason you are not satisfied with our products, we offer a 100% satisfaction guarantee on the terms set out below.  By ordering goods or services from us, you are agreeing to the terms and conditions below.

 

 

1.       Ordering

 

1.1     If you order eyecare products and related products and accessories (Products) through this website (Site), these terms and conditions will apply to your order.

 

1.2     By placing an order at this Site, you are making an offer to purchase goods from us.

 

1.3     When placing an order, you must provide us with current, complete and accurate information where we request it so that we can provide you with goods and services.

 

1.4     After we receive your order:

 

(a)       we will send you an email confirming the details of your order; and        

 

(b)      in that email, we may ask you to provide additional information or require you to confirm your details to enable us to process your order.

 

1.5     We will accept or reject your order within 5 business days of receipt of your order.

 

1.6     If we accept your order:

 

(a)       the order will constitute a separate agreement incorporating these terms and conditions;

 

(b)      you must pay for and accept delivery of the goods ordered; and 

 

(c)       we will send you an email notifying our acceptance of your order.

 

1.7     We are never bound to accept an order and we may reject your order for any reason whatsoever.

 

1.8     If we reject your order, we will send you an email notifying you of the rejection and that we will refund all payments made in relation to that order.  You should expect to receive your refund within 20 business days of receiving the email.

 

1.9     Once your payment is cleared, we will usually consider whether your order should be acceptedeither on that day or the following business day.

 

1.10   Orders received between Fri 5:00pm EST and Mon 9:00am Hong Kong Time will usually be considered for acceptance on the following Monday. 

 

 

2.       Product Descriptions and Availability

 

2.1     While we take great care to display and describe all goods as accurately as possible, the product you receive may be different than it appeared on the device used to view our Site, and we cannot guarantee that your device will accurately display the actual colours and dimensions of the products (see 8.1 for our returns policy).

 

2.2     All goods are sold subject to availability.

 

2.3     If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (Back Ordered Product).

 

2.4     We will notify you immediately of the relevant Back Ordered Products and the anticipated delivery date.  In that case, you can let us know if you wish to wait for the order, or wish to cancel the order.  Any payment you have made will be fully refunded if you wish to cancel an order for Back Ordered Products after your payment has been processed.

 

2.5     Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

 

 

3.       Variation or Cancellation of order

 

If we cancel your order

 

3.1     While we have strived to ensure the accuracy of prices, images and information displayed on this Site, we are not responsible for any error and may cancel your order for any reason after we accept it, including the unavailability of the product, an error in the price, image or the product description posted on the Site, or an error in your order.

 

3.2     If we cancel your order, we will send you an email notifying you of the cancellation and that we will refund all payments made in relation to that order.  You should expect to receive your refund within 20 business days of receiving the email notifying you of the order’s cancellation.

 

If you vary or cancel the order

 

3.3     If you decide to change or cancel your order after we notify you of our acceptance, please contact us by email at sales@gogglesnmore.com as soon as possible.  

 

3.4     For custom made contact lenses, if your product has already been ordered from our supplier, you cannot cancel or change your order. 

 

3.5     For spectacle frames, lenses and non custom-made contacts lenses, we may cancel or change your order at our sole discretion.  For further information please refer to the section on our Returns Policy.

 

3.6     If we change your order as requested, we will send you an email notifying you of the change in your order.

 

3.7     If we cancel your order as requested, we will send you an email notifying you of the cancellation and that we will refund all payments made in relation to that order.  You should expect to receive your refund within 20 business days of receiving the email notifying you of the order’s cancellation. 

 

 

 

4.       Prescription

 

4.1     To order prescription goggles, diving masks, sunglasses, glasses and contact lenses, you must:

 

(a)       have a valid eye prescription prescribed within the last 2 years by an optometrist, ophthalmologist, or other eyecare practitioner who is qualified in the jurisdiction in which you were prescribed the prescription;

 

(b)      enter the prescription as prescribed into the relevant fields when ordering through our Site, including:

 

(i)         if for contact lenses, contact lens prescription and the brand and type of lens;

 

(ii)       if for glasses, the glasses prescription and the type of lens; and your pupillary distance. Your pupillary distance (PD) is the distance between your 2 pupils measured in mm. If this measurement is not listed on your prescription, we recommend you contact your eyecare practitioner to obtain this measurement.  If no measurement is entered in your order, you consent us to use the average measurement of 65mm for men and 62mm for women for your distant PD.  You consent to us using the average measurement of 62mm for men and 59mm for women for your near PD; and

 

(c)       send us a copy of your prescription if we request it.  If you cannot supply us with the prescription when requested, we may reject your order.

 

4.2     Eye prescription for glasses and contact lenses are different.  You must enter the right prescription when ordering your product.

 

4.3     We will rely upon the prescription provided by you and the goods will contain lenses matching the prescription that you provided. It is your responsibility to make sure all details are correct.

 

4.4     If you are not sure of the appropriate type of lens, you must consult your registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order.

 

4.5     If you do not know how to read your prescription, please email it to optometrist@gogglesnmore.com and we can assist you.

 

4.6     We reserve the right not to supply prescription swimming goggles/diving masks, contact lenses or sunglasses/glasses if we feel that the selected lenses are not in accordance with the specifications provided by your optician or optometrist, or may put you at some risk.

 

 

 

5.         Payment

 

5.1     We accept the following types of payment:

 

(a)      Visa or Mastercard credit cards;

 

(b)      Paypal

 

(c)       GogglesnMore gift vouchers.

 

5.2     If you choose to pay by credit card, you authorize us to debit the amount payable, including any freight and handling fee, from your nominated credit card.

 

5.3     If we are unable to successfully process your credit card, Paypal payment, GogglesnMore gift voucher, we will contact you for alternate means of payment. If you do not pay in full within 7 days of us notifying you, your order will be rejected.

 

5.4     You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

 

5.5     Once we receive payment in cleared funds, we will process your order and notify you of our acceptance or rejection of your order, or we may request further information.  Please allow the following times for your payment to be processed by the financial institutions:

 

(a)      Credit and debit cards – usually 1-2 working days.

 

(b)      Paypal – usually 1-2 working days

 

(c)      GogglesnMore Gift Vouchers – usually 1 working day.

 

 

6.       Delivery

 

6.1     We deliver to most destinations around the world.  We may, in our sole discretion, choose not to deliver to certain addresses and we may reject your order and notify you accordingly.

 

6.2     We will send our parcels with Hong Kong Post using registered mail, or through our courier.

 

6.3     It is your obligation to provide the correct delivery details when placing any order and be present at the delivery address during working hours to receive your order as the postal carrier may require your signature on delivery.

 

6.4     Risk and title to any goods delivered passes to you upon delivery of the goods to the delivery address.

 

6.5     Product prices displayed on our Site exclude delivery. Delivery fees are as shown at the checkout screen. Delivery fees are included in the total cost of the order.

 

6.6     The following are the estimated times for your product to be dispatched after your payment is cleared (subject to availability):

 

Dispatch Time Estimates

  • Non-custom made prescription swimming goggles:
    • Usually ships in 1-3 work days
  • Custom, made to prescription swimming goggles:
    • Usually ships in 7-14 days
  • Made to prescription diving masks:
    • 3-5 weeks
  • Prescription Wrap-Around Sunglasses:
    • Usually ships in 3-7 work days

 

6.7     There will be rare cases where there will be unexpected delays during the fitting process in the laboratory, or if your contact lenses are out of stock at the supplier. We will notify you of any such delay and give you a revised estimated delivery time.

 

 

Shipping costs and times

 

6.8     Please see the table below for specific rates, which are subject to change.

  • Standard international shipping charge: USD$7.95 (usually 3-10 work days + above dispatch times)
  • Express international shipping charge: USD$25.00 (usually 2-7 work days + above dispatch times)

Please be aware that the above is an estimate only and we cannot guarantee delivery times.  Our estimated shipping dates are based on several factors, including the destination address.

 

What if the estimated delivery date has passed and I still haven’t received my products?

 

6.9     If you haven’t received your products 20 business days after placing your order, please email us and provide us with your order information so we can check the status of your order.

 

Undeliverable Packages

 

6.10    Packages may be returned to us as undeliverable in certain situations. When an undeliverable package is returned to us, we will notify you at the e-mail address you gave us when you placed the order, and advise you of your options, including if you wish your order to be sent to an alternative address.  We may charge additional postage and handling fees to have the package resent to you.

 

6.11    A package may have been undeliverable for one of the following reasons:

 

(a)       item is too big for a PO Box;

 

(b)       incorrect address;

 

(c)       carrier cannot deliver to the address; or

 

(d)      other address problems.

 

 

 

Warranties and Liabilities

 

 

10.       Warranties

10.1    You warrant that:

(a)       you have sought the advice of your optometrist or ophthalmologist regarding your visual requirements before ordering products on our Site;

(b)       if you are ordering contact lenses, you have not been advised by a doctor not to wear contact lenses, or to stop wearing the prescribed contact lenses;

10.2     To the maximum extent permitted by law, we do not warrant that:

(a)        the Products we supply will meet your requirements or are fit for any particular visual task;

(b)        the visual acuity that you will achieve with the Products;

10.3      To the maximum extent permitted by law, we exclude all representations, warranties, terms and conditions, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in these terms of trade.

 

11.       Liability.

11.1     To the maximum extent permitted by law:

(a)       we have no liability to you for any consequential, indirect, special, economic or incidental loss or damage, or loss of profits, however caused (including by breach of contract, negligence, other tort or breach of statute), which is suffered or incurred in connection with or relating to this agreement or otherwise arising out of the relationship between the parties, whether or not we were aware or should have been aware of the possibility of such loss or damage.

(b)       our total liability to you for any and all loss claims, losses, costs, expenses and damages, legal costs and disbursements on a solicitor and own client basis, sustained or incurred, whether directly or indirectly or consequentially or in any other way (including consequential loss to the extent it cannot be excluded under clause 11.1), however caused (including by breach of contract, negligence, other tort or breach of statute), which is suffered or incurred by you in connection with or relating to any order or otherwise arising out of the relationship between the parties created thereunder, is limited to the amount paid under the applicable order.

11.2     Each obligation of a party, other than the obligation to pay money, will be suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by a circumstance beyond the reasonable control of the party including labour disputes, fire, floods, explosions, riots, civil disturbances, war, terrorism, unforeseeable weather conditions, natural disasters, direct government action or regulation, or acts of God that renders impossible a party's ability to perform its obligations under this Agreement.

11.3     Goods purchased from our Site are subject to Hong Kong law only.
Nothing in these terms and conditions is to be taken to exclude or restrict any rights which applicable law grants to you in respect of such goods. Individual goods may be the subject of additional warranties or guarantees given by their manufacturers directly to you. 

11.4     The above exclusions of liability shall not apply to any damages arising from personal injury or death where they result from our negligence or the negligence of our servants and agents in the course of their duty.

 

 

 

Privacy Policy

 

We know that privacy is important to you.  This privacy policy reflects our respect for your privacy rights. 

 

What is Personal Information?

 

When we talk about personal information, we mean information or an opinion about an individual where you can tell or reasonably work out who the information or opinion is about.

 

Collection

 

We will only collect personal information about you that is relevant to our organisation.  This may include general information such as your name, e-mail address, contact details and computer’s IP address. 

 

Where reasonably possible, personal information is only collected when you knowingly provide it.  For example, we may need to collect such information, including home or postal address and credit card details, to provide you with information, goods or a service you have requested.  We will only collect sensitive information, which includes health information, such as glasses and/or contact lens prescription, when you knowingly provide it or otherwise required by law.  If you do not provide certain information, we may not be able to provide our goods and services to you.

 

Our purpose for collecting personal information should be clear when we collect it.  If you are uncertain, please contact us at the address below.

 

You can generally visit our website without revealing who you are or other personal information.  We will not collect any personal information about visitors to our website except where they are registered members, where information is provided by registered members or the visitor provides us with personal information.  We may use technology to keep track of which sections of our website you visit for internal purposes, including to help us improve our website and other services.

 

Use and disclosure

 

Subject to our legal obligations and our other rights under any agreement with you, we will use our best endeavours to only allow disclosure of personal information that you provide to us to those people identified below and to any other people you have asked us to provide it to at a particular time.

 

We will only use your personal information as allowed by law.  This means we may use it for the purpose it was collected, as disclosed to you at the time of collection, or as otherwise set out in this policy.  If we want to use your information for any other purpose, we will first seek your consent unless we are not required to by law.

 

We generally only use or disclose your personal information to:

 

  1. supply you with goods, services or information you have requested;
  2. tell you about any new developments, offers or events we think may interest you;
  3. help us improve our website and services; and
  4. other organisations that provide services to us, such as telecommunications companies, event organisers, IT contractors (such as website developers and hosts), lawyers, accountants, financiers and promotions companies.

 

Access to personal information

 

Please contact us if you would like to access personal information we hold about you.  We will give you access unless we are allowed or required by law to refuse it.  We may ask you to pay our reasonable costs of providing access.

 

If you believe personal information we hold about you is inaccurate or incomplete, please advise us.  We will generally take reasonable steps to correct your personal information where inaccuracies are identified.

 

In certain circumstances, we may refuse to give access to your personal information or amend it.  Usually we will explain why and, in the case of an amendment, make a note that you have disputed the accuracy or completeness of particular information.

 

Changes to this policy

To keep up with regulatory, technical and organisational change, we may amend this policy from time to time by publishing the updated policy on our website.  Please visit our website regularly to keep up to date with any changes.

 

Contacting us

For further information, problems or complaints regarding our information handling practices, please send email to marketing@gogglesnmore.com.

 

 

 

Security Policy

 

We will take reasonable steps to keep secured any personal information which we hold and to keep this information accurate and up to date.

After a transaction, your private information (credit cards, financials, etc.) will not be stored on our servers.

 

All private information collected through website forms are secured using up-to 256-bit (depending on your browser) Secure Socket Layer (SSL) encryption. You can be assured of the secured connection between your browser and the Goggles n More server by virtue of the padlock or key icon indicator which will appear in your browser status bar when viewing secured pages and the authentic certificate visible by clicking the security icon, as issued by Geotrust (operated by Symantec), one of the world's largest provider of SSL certificates and web security products and services.

 

However, we cannot guarantee the security of information you may transmit to us.  We will take reasonable steps to keep your personal information secured, accurate, complete and up to date.  If we no longer require your personal information, we will take reasonable steps to destroy or de-identify it.  We do not take responsibility for the security of information that is outside our control such as when it is sent by post, courier, facsimile or over the Internet.

 

Changes to this policy

To keep up with regulatory, technical and organisational change, we may amend this policy from time to time by publishing the updated policy on our website.  Please visit our website regularly to keep up to date with any changes.

 

Contacting us

For further information, problems or complaints regarding our information handling practices, please send email to marketing@gogglesnmore.com.