Version: May 2018
Hey there! Welcome to the Bailey Nelson website. This page explains a bit about the Site and governs the relationship between us. It’s a legal document, so read it carefully.
We’re based at 165 Riley Street, Darlinghurst, NSW, 2010, Australia. We’d invite you to come and say hi, but our office isn’t a show room and we think you’d have a heap more fun visiting one of our stores.
You are a person viewing the website (otherwise, how are you reading this?). Hopefully you’re keen to buy some glasses!
This website is operated by Ben Buckler Eyewear Pty Ltd. If you’re wondering where we got that name from, it’s a little pocket of Bondi where our founders were living when they created Bailey Nelson. For the purposes of this contract, we’ll refer to “us”, “we”, “Bailey Nelson” and “Ben Buckler Eyewear Pty Ltd” interchangeably. Likewise, when we say the “site” we’re also referring to the services that are provided through it.
Legal stuff can be confusing, so if you don’t understand these terms, reach out to us at email@example.com and we’ll do our best to explain things. In the meantime, or if you do not agree to these terms, please don’t use the site. If you do keep using the site, that constitutes agreement of these Terms, and additional terms, guidelines, documents, policies or rules that are referred to in these Terms.
As Ferris Beuller once said, “Life moves pretty fast, if you don’t stop and look around once in a while you might miss it”. We’re almost totally sure that he wasn’t talking about contract law. Nonetheless, our business also moves pretty fast so we may update these terms from time to time without any notice. For that reason, check these terms regularly. As above, continued use of the Site means that you accept any new or updated Terms.
We don’t want anyone to get in trouble by shopping for specs, so to be clear: you can only use this Site so long as you are legally able to do so in your state or territory and country. By using the Site, you warrant that you meet the eligibility criteria in these Terms. We may still forbid anyone from using the Site for any reason, or for no reason.
You must also be an adult, but if you’re under eighteen (or the age of majority in your locale), then please feel free to have your parent or legal guardian use the Site for you.
To ensure that our customer experience remains the best it can be, Bailey Nelson only sells its products through our own stores. For the same reason, this Site is only to be used for personal, non-commercial use, and not for the use of any third party (unless you’re a parent or guardian using the site for your child).
You can browse the Site without creating an Account, but as we are selling medical products, we may require you to create an account to access certain functions of the Site. As the person creating the Account, you take on sole responsibility for anything that happens through the use of that Account. When you are creating your account, make sure you use a secure password (this comic explains what makes a secure password pretty well) and all the details that you enter are accurate.
In the same way that you wouldn’t share your housekeys, do not share your account information or password. You’re solely responsible for any consequences of not securing your account.
We’ll be sad to see you go, but if you would like to delete your account for any reason, just email firstname.lastname@example.org and we’ll do that for you.
Unless otherwise indicated, Bailey Nelson owns all copyright of the Content on the Site. All registered or unregistered trademarks used on the Website are the property of their respective owners (like the Instagram symbol at the bottom of the page — go follow us!). All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, videos and other intellectual property (Content) on the Website is owned, controlled by, or licensed to us. Except for viewing the Content for your own personal non-commercial use, we do not grant you any rights to use the Site or Content unless you email us and get written permission.
If you would like permission to reproduce our Content, email email@example.com. We can’t guarantee that we’ll grant permission — it’s totally up to the discretion of our lovely social team — but we usually say yes. All grants of permission will be in writing, and that is the only valid form.
If we do grant permission to use any of our Content, it is on the following terms.
So long as you agree to only use our Content for the purposes that we set out in our written permission, we grant you a non-transferable, non-exclusive, royalty-free limited license to use the Content specified in our written permission for the sole purpose and only for the materials set forth therein. Whenever you use the Content, you must note that it is our Content and may be trademarked or subject to our copyright.
If we do provide you with a license to use our Content, it is on an ‘as is’ basis and we disclaim any warranties related to your use of our Content. You agree to indemnify us and hold us harmless for any claims arising out of your use of the Content. That means we’re not liable for any claims arising out of your use of our Content, including any that we may have been or should have been aware of. If you use the Content, it’s at your risk. By the same token, it’s only for your benefit — not for any third party.
Other items in these Terms that ought to apply to this license do so, including without limitation those relating to choice of laws, severability, waivers and arbitration. We may also change or revoke this License at any time at our sole discretion and with no warning.
There are some things that are 100% Not Okay (we’ve capitalised words on this page where they have a special meaning, but in this case we’re just doing it for emphasis) to do on or with the Site. You agree and covenant not to do any of these things, and we’ll vigorously pursue our rights against anyone who disobeys this provision, including notifying the relevant authorities if applicable.
- Harvest, scrape or in any other way extract data from or on this Site or its users, using an automated, manual or other process process.
- Resell or make any commercial use of the Site or any Site content.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
- Mirror, copy, imitate, download or store the Site or any Site content by any means, including but not limited to electronic, manual, mechanical or otherwise.
- Harass, threaten, intimidate, mock, ridicule or in any other way make someone else feel uncomfortable through or using the Site.
- Do anything that imposes an unreasonable or disproportionately large load on the Site, or interferes or disrupts the Site or any network or other website connected to the Site or owned or controlled or used by Bailey Nelson.
- Breach the security of the Site, test or scan the vulnerability of the Site, or make any unauthorised modifications to the Site.
- Use the site in any manner that is contrary to the directions of a company officer of Bailey Nelson, such as those directions may be made from time to time.
User Submitted Content
From time to time, we might allow you to submit content to the site. That might be in the form of text (like leaving a comment) or an image (like a photo of your specs in a gorgeous flat lay) or something else. We’ll be calling that User Content from here on. Whatever the form, there are some things that you agree to.
When you submit, distribute, transmit, or post any communications or any other material to Bailey Nelson, whether that’s through our Site or a third party website like Instagram or Twitter or Facebook or in store or at one of our events, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any manner we like. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account.
To be clear, we absolutely value the creative arts, and we pay our photographers and graphic designers well, but when you submit your User Content to us then that’s a bit different. Where you have submitted it to us in any of the ways described above, we may use your User Content without any compensation even if we are using it for promotional purposes, or any of the other purposes above.
If you happen to be a management guru or a product whiz and the User Content you submit contains any ideas, concepts, know-how, or techniques, then we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing products.
In addition to giving Bailey Nelson a licence, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicencable, fully paid and royalty-free right and licence to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt and promote such submissions, including after any termination of your Account.
When you submit User Content to us, then you warrant that the Content is accurate and not misleading, that you own it or have the right to give it to us, and does not contain anything that might expose Bailey Nelson to any claims whether legal or moral.
If you believe that something on our site infringes on a work in which you or a person you represent holds copyright, then let us know. As a creative brand, copyright is something that we take seriously. To inform us of a potential infringement, email firstname.lastname@example.org with “Potential Copyright Infringement” in the subject line. We get a lot of emails, and that’ll make sure the matter gets the attention it deserves. Also, in determining whether there is infringing content on our Site, it really helps us to know the name and contact information of the person who owns the original copyright, what the work in question is and where it is located on our Site, so please include that.
No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
We’re a Sydney company, and we like the way that things are done here, so these Terms (and all non-contractual relationships between you and us) are to be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
If there ends up being a dispute under or in relation to these Terms (and we really hope there won’t be) then the parties agree to negotiate about it in good faith. Step one is to notify us of any dispute at email@example.com. If we are unable to resolve the dispute by informal negotiations, the dispute shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules (that’s a professional body that works out problems for people).
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. In other words, this is a legal document, not a game of dominos.
These Terms constitute the entire agreement between you and us, and supersede all other communications and proposals (including previous version of these Terms), whether electronic, oral or written with respect to this Site. Any rights not expressly granted in these Terms are reserved by us.
Third Party Content
The internet can be a pretty wild place. Any third party content on our site or links to that content are provided for you at your own risk and we disclaim all liability arising out of your use of any third party content. We do not make any representations as to the content of third party sites, even where we link to those sites. Use of those sites may entail acceptance of other terms and conditions particular to those sites.
If you do run into any problems with a third party site, then feel free to let us know at firstname.lastname@example.org and we may review our decision to link to any third party site. However, we are not obligated to do so and any decision to link to a third party is solely at our discretion.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third party resources on the Internet, you do so at your own risk.
Limitation of Liability
Ahem, here we go. This is a bit that uses some unavoidably legal language, so please forgive us.
This clause prevails over all other clauses to the extent of any inconsistency, and states our entire liability for any claim or cause of action arising out of or in relation to these Terms. Nothing in this clause is to be taken to override or interfere with your statutory rights as a consumer under the Australian Consumer Law or other relevant Australian government legislation. More information on the Australian Consumer Law is provided below “Product Warranty”.
Subject to the below "Product Warranty" section and to the fullest extent permitted by law, the liability of Bailey Nelson for any loss or damage suffered by you as a result of Bailey Nelson breaching its obligations under these terms or any other tortious duty (including arising by reason of defects in the products) is limited to a refund or replacement of the relevant products.
You indemnify and hold Bailey Nelson and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, aggravated and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
We like to think we’re a pretty modern company, and even though the internet is hardly new (hello, Tim Berners-Lee) we do think it’s a heap better than communicating via fax machine or snail mail. So — we both agree that any communications in relation to or on the Site may be electronic and will have the same effect as physical written communication (we might still fire up the fax or send a letter if we need to, but it’ll be mostly online).
Purchasing from Bailey Nelson
Prices and GST
All prices are expressed in Australian dollars and, where applicable, include GST. If you somehow manage to order products from our site to an overseas address (not something that we allow) then you are solely responsible for all customs, import, excise or tariffs charges and taxes. If you’re in Australia and ordering to Australia, then no worries!
We try to make sure that the prices on our Site are accurate, but we can’t guarantee that that’ll be the case. If we spot an error or need to make a change for some other reason, we reserve the right to do so without any notice.
Vouchers, Gift Cards and Discounts
Gift Cards are great. Our Gift Cards come in fun colours, have somewhat witty phrases on them and entitle the holder to goods/services equal to the value stated on the card or remaining after partial redemption. Gift Cards are redeemable within any Bailey Nelson store in Australia (not overseas) and online at baileynelson.com.au. Gift Cards may not be exchanged (wholly or partly) for cash. Gift Cards are partially redeemable and any unused balance will remain on the Card and cannot be redeemed for cash. If you purchase something on a Gift Card and then later return the product, the purchase price will only be refunded back onto the Gift Card, which will retain its original expiry date. If the Card holder's order exceeds the amount of the Gift Card, the Card holder will be required to pay for the difference in price between the value of the Gift Card and the retail price of the goods or services. Bailey Nelson gift cards are valid for one year from the date of purchase.
Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Card until we are satisfied that no fraud has occurred. We are not liable for any lost/stolen Gift Cards. Please contact email@example.com immediately if your Card has been lost/stolen. Lost/stolen Cards can only be replaced if satisfactory proof of purchase is provided and the Card has not been redeemed.
Sometimes, we offer discounted prices on our site. These are at our sole discretion and may change without notice.
On some occasions, we also may offer discount codes that entitle a person or class of persons to a special price or offer. These codes are only to be used by the intended bearer and for the purpose indicated when the code is distributed by Bailey Nelson. We reserve the right to cancel any codes or modify the price or offer to which the bearer would otherwise be entitled for any reason and without any notice. If you are given a code for a particular purpose, you agree not to share that code with any other person and acknowledge that if it is redeemed by a person other than you, then you may not be entitled to redeem the code (in other words, it’s like an exclusive invitation to a party with limited capacity. If you give it to a friend, you might not get in. Sorry Homer.)
When you order from us, we need a bunch of information to ensure that your order is completed correctly. By submitting the information requested, you warrant that it is accurate and complete. If you’re ordering a product that requires a prescription, then you warrant that the information you are entering comes from a non-expired prescription that was validly provided to you by an eligible optometrist or ophthalmologist. You also agree to have Bailey Nelson contact your optometrist or ophthalmologist on your behalf to confirm your prescription or check missing information and for Bailey Nelson to share such information with your optometrist or ophthalmologist as is necessary for that purpose (like lawyers, lots of doctors have bad handwriting, so this happens more than you think!).
Formation of Contract
There are heaps of products on our website, but they aren’t offers in a contractual sense. Instead, they’re advertisements. Once you submit an online order, including payment, then that constitutes an offer to purchase from you (and gets you one step closer to a pair of BNs!) subject to these Terms. If we accept your offer, which we’ll indicate by dispatching the product to you and informing you of that fact via email, this will result in a binding contract between you and us that incorporates these Terms.
Once you’ve offered to purchase the Products, we’ll let you know if there are any unavailabilities or pricing changes. As Bailey Nelson creates only limited runs of each of its styles, we do run out of certain frames from time to time. Similarly, depending on your prescription, we may be unable to fulfil an order using your selected lens and frame combination. If that happens, we may offer to substitute your selected products for others that are similar, or meet your needs even better. At that point, you’ll have the opportunity to confirm our suggested changes or cancel your order and receive a full refund. If you accept the substitution for a higher priced item, then you’ll be responsible for paying the difference.
We may offer Products on a subscription basis (keep an eye out). If we do so, you will be informed on the billing period, cost and duration of your subscription before you agree to the subscription.
You will first receive a trial period. The term of that trial period will be indicated to you before you sign up. At the conclusion of the trial period, unless you have indicated to us through our Site that you would like to cancel your trial, you indicate that you agree to the subscription subject to these terms. At that point, your chosen payment method will be billed for the price of one period of the subscription. You must ensure that your chosen payment method has sufficient funds to enable payment of your ongoing subscription and, if you change your credit card or other payment method, inform us of the new method. If you dispute any payment, you must inform us at firstname.lastname@example.org within 60 days of the payment charge.
If we change the prices of the Products offered through the subscription service, we will provide you with at least thirty (30) days notice before the new price comes into effect if the price is being increased. If we’re lowering the price, we presume you’ll be delighted so we might give a bit less notice.
If you would like to cancel your subscription at any point, we will make available a facility to cancel either through this Site or by contacting us or both. We may require a notice period before cancellation which will be indicated to you at the point at which you sign up to the subscription. Your subscription payments will be handled by a third party provider.
Once you have paid for each billing period, you will be issued with a tax invoice either via this Site or email stating all relevant details.
If the subscription is for prescription products, you must inform Bailey Nelson if your prescription changes or becomes expired to ensure that we can deliver the best quality eyecare to you.
We reserve the right to cancel the subscription at any time. If we have not yet dispatched any paid product to you in the event that we do cancel the subscription, we will refund you any payments that you have made towards that undelivered product.
Postage and Shipping
We can only ship to Australian postal addresses. If you’re overseas, check out Bailey Nelson Canada, New Zealand or UK. If you aren’t in one of those countries, then unfortunately we can’t ship to you, but keep an eye out — we’re keen to bring BN to new places down the line.
Every BN order is dispatched through Australia Post with a tracking number so that you can track its progress. If you have any issues with delivery, get in touch with Australia Post and they’ll do their best to help out. While we’ll do our best to answer any delivery questions, Australia Post is an independent company, so they are responsible for the delivery of your Purchase.
It’ll break our hearts, but you can cancel your order up until it is shipped to you at no charge. To do so, email email@example.com with your name and contact details and your order number. If everything is in order, we’ll provide a full refund in accordance with these Terms.
Refunds and Returns
Don’t love your Bailey Nelsons? Colour us confused, but understanding. You’re welcome to return any non-consumable item (contacts and lens spray are consumable, for example) that was purchased by you for full price to us within 30 days of purchase. We’ll refund you the full purchase price as long as the item is undamaged. If that is the case, we’ll also cover any return postage costs from the original address within Australia to which the Product was sent if you purchased online, so long as you use our chosen method of shipping. If you’d like to return a product, just head to one of our boutiques or contact firstname.lastname@example.org.
To ensure the integrity of the Product isn’t compromised, we never sell open packets of contact lenses. For that reason, we will only accept returns of contact lenses where the product box is entirely unopened, even if there are smaller boxes inside. If you purchased online, the product box is the first box or container inside the postage box in which the Product is shipped to you.
Where we do issue a refund, it’ll usually be issued back through the same payment method on which you initially paid for the purchase. Importantly, that means that if you paid for a product using your private health fund, we cannot refund you via any other payment method. If you paid via health fund, or credit or debit card, then we may require that you present your original card in order to issue a refund.
Keep in mind that if the 30 day period has expired, we might still be able to help you out through our Product Warranty or the Australia Consumer Law (there’s info on both below!).
We want you to be incredibly happy with any product that you order from BN, but on the off chance that something goes wrong, here’s our warranty policy (Note that this is our full warranty and aside for this section, to the fullest extent permitted by law, Bailey Nelson gives no warranty in respect of the products we provide).
We’ll replace or repair any Bailey Nelson Product within one year of purchase where the product is faulty as the result of a manufacturing, material or fitting fault. To conserve resources, we repair products where we can, but it’s up to us. We’ll replace or repair any Product that has become damaged as a result of any manufacturing or material defect in the product, but we will not repair minor damage that occurs as a result of ordinary use (so if you go rock climbing with your specs and get some scratches on the acetate, then chalk that up to adding character — we probably can’t fix it for you). This warranty applies to frames, lenses, chains, cleaning cloths and cases that are sold by Bailey Nelson. It does not apply to cleaning cloths or cases that are provided by us for free with your purchase of another Product, or to any consumable products, including lens sprays.
To request a return, email us at email@example.com. Please include your full name and contact details, your order number, a photo of the Product and a description of what the fault or damage you think has happened to it.
In addition to the above, the federal Australian Consumer Law protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the Law requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the Law says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.
Under the Law, these Consumer Guarantees cannot be excluded. 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. Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made. That period may be longer than our own limited warranty. If you would like to enquire about a return under a Consumer Guarantee, email us at firstname.lastname@example.org.