Version: July 2023
Welcome to the Bailey Nelson. We operate multiple websites in multiple territories, including Australia, New Zealand, the UK, Canada and the USA (collectively, the Site).
These terms of use govern your access to, and use of, any of our Sites. A reference to a territory in these terms of use is a reference to the territory which the Site you’re accessing relates.
The Site is operated by one of our following entities: Ben Buckler Eyewear Pty Ltd (ACN 155 832 241) Bailey Nelson Chadstone Pty Ltd (ACN 600 068 540), Bailey Nelson New Zealand Limited (company number 5654131), and Bailey Nelson Inc (business number 737004697) trading as Bailey Nelson. These entities are separately and/or collectively referred to as we, us, our and/or Bailey Nelson in these terms of use.
The Site provides you with information about our services, including booking eye tests (our Services) and also operates as a retail store, including for eyewear and eyewear related products (our Products).
1.1 By using the Site, each visitor (you, your) agrees to be bound by these terms of use (Terms of Use). Please read them carefully. Your use of the Site indicates your acceptance of these terms of use. Your use of our Services and/or purchase of any of our Products the Site also indicates your acceptance of these terms of use.
1.2 We may, on notice to you, vary these Terms of Use. Your continued use of the Site following any changes indicates your acceptance of the changes.
1.3 You can only use this Site so long as you are legally able to do so in your State or Territory and/or country. You must also be over 18 years of age (or the age of majority in your location), but if you’re under 18 (or the age of majority in your location), then please feel free to have your parent or legal guardian use the Site on your behalf.
1.4 By using the Site, you warrant that you meet the eligibility criteria in these Terms of Use.
1.5 We reserve the right to prohibit anyone from using the Site for any reason.
1.6 The Site is only to be used for your own 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).
2. Account registration
You can browse the Site without creating an account, however, we may require you to create an account to access certain functions of the Site (Account).
You are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
We’ll be sad to see you go, but if you would like to delete your Account for any reason, just email privacy@baileynelson.com.au and we’ll do that for you.
3. Privacy
Your use of this Site and/or our Services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access on the Site), which is incorporated into these Terms of Use.
4. No medical advice
4.1 This Site is not intended to provide any medical or optical care, opinion, advice, diagnosis or treatment. All information found on the Site is general in nature and is not intended to diagnose, treat, cure or prevent any disease or other medical or optical condition.
4.2 Always seek the guidance of your doctor, optometrist, licensed Optician, ophthalmologist and/or other qualified health or optical professional with any questions you may have regarding your health or a medical and/or optical condition.
4.3 To the fullest extent permitted by law, Bailey Nelson does not give any express or implied warranties and makes no representations in relation to the accuracy, completeness or reliability of information on this Site.
5. Prices and GST
5.1 The prices on the Site are expressed in the currency of the territory to which the Site relates (for example, if you’re visiting our Australian Site, then the prices are expressed in Australian dollars) and, where applicable, include all applicable taxes in that territory (for example, GST in Australia).
5.2 If you somehow manage to purchase Products from a Site to an address outside of the territory of that Site, (not something that we allow) then in our discretion, we may:
a) cancel your order and provide you with a full refund, or;
b) process your order and, in such instance, you will be solely responsible for all applicable customs, import, excise or tariffs charges and taxes.
5.3 We try to make sure that the prices on our Site are accurate, but we can’t guarantee that will 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.
6. Product availability
6.1 We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and to the extent permitted by law we will not incur any obligation as a result of such change.
6.1 Once you’ve placed an order, we’ll let you know if there is any Product unavailability. 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 will let you know and you can either select a substitute Product and/or request a refund. When you select a substitute Product and it is a higher priced item, then you’ll be responsible for paying the difference in price.
7. Payments
7.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the Site. Your payment method will be billed as soon as your order is placed.
7.2 Bailey Nelson does not collect or store your payment information. All payment information is collected and stored by a third-party in order to be processed as required. We never permanently store complete debit/credit card details.
7.3 All online debit/credit card transactions performed on the Site are through secured payment gateways.
7.4 Complete debit/credit card details cannot be viewed by Bailey Nelson or any outside party.
8. Gift Cards, discounts and other sales and promotion offers
Gift cards
8.1 Our gift cards entitle the holder to goods/services equal to the value stated on the card or remaining after partial redemption.
8.2 Gift cards are only redeemable online via the Site, and within any Bailey Nelson store, in the territory in which they were purchased (for example, if you purchase a gift card via our Australian Site and/or in one of our Australian stores, then that gift card is redeemable on the Australian Site and/or in our Australian Stores) and are subject to any expiry dates set out on the gift card.
8.3 Gift cards:
a) may not be exchanged (wholly or partly) for cash; and
b) are partially redeemable and any unused balance will remain on the gift card (which may not be redeemed for cash).
8.4 If you purchase a Product using a gift card and then later return the Product, the purchase price will only be refunded back onto the same gift card, which will retain its original expiry date.
8.5 If a purchase price exceeds the amount on a gift card, you will be required to pay for the difference in price between the value of the gift card and the purchase price.
8.6 Bailey Nelson gift cards are valid for three years from the date of purchase. If you have a gift card within three years of purchase which has expired, please contact your local store to have the card reissued with a three year expiry from your original purchase date.
8.7 If we suspect any fraud relating to a gift card, we may refuse to redeem it until we are satisfied that no fraud has occurred.
8.8 Gift cards are not refundable or replaceable and we are generally not liable for any lost/stolen gift cards. However, please contact hello@baileynelson.co.nz immediately if your gift card has been lost/stolen and, in our discretion, we may replace a lost/stolen gift cards if you can provide satisfactory proof of purchase and the gift card has not yet been redeemed.
8.9 These terms related to gift cards also apply to any gift cards provided to you by us as part of any special offer (for example, an ‘e-Gift card with contact lens subscription’ offer).
Discounts and online-only promotions
8.10 Sometimes, we offer discounted prices on the Site. These are at our sole discretion and may change without notice.
8.11 We may also 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 us. 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.
8.12 Bailey Nelson offers and promotions may only be used online via the Site and do not apply to purchases made at our retail outlets. You may receive online offers and promotions which include a promotional or coupon code for use when shopping on this Site. It is your responsibility to ensure that the code is valid, and that you enter the code at the time of making your purchase. We cannot apply the code retrospectively once you have submitted an order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any % off stated applies to RRP of full priced items and is not available on gift cards.
General discounts and sales
8.13 No further discounts apply to general sale items, and such sale items are not valid for purchase with other offers/discounts.
8.14 Where an end date is specified, the sale period references the current time zone in effect in the territory to which the Site relates. Sale periods cannot be adjusted to meet other time zones. It is the responsibility of the user to ensure the purchase is completed within this period.
Special Offers
8.15 From time to time, we make available special offers, including as follows.
‘Two pair’ offers.
When purchasing two or more frames in one transaction, the following will apply;
‘Free gift with purchase’ offers.
Our policies with respect to such offers are governed according to our Special Offers policy (that you can access on the Site here), which is incorporated into these Terms of Use.
9. Prescriptions
9.1 If you’re ordering a Product that requires a prescription, you warrant that the information you enter with your order and regarding your prescription is accurate and complete and that it comes from a non-expired prescription that was validly provided to you by an authorised optometrist or ophthalmologist.
9.2 You also consent to Bailey Nelson contacting your applicable health professional 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.
9.3 Bailey Nelson cannot process orders using expired or incomplete prescriptions, and you agree that Bailey Nelson will not be held responsible for delays resulting from incomplete or inaccurate information provided with your order.
10. Health Fund Claims
10.1 Tax invoices with a provider number will be issued once your order is processed and can be used for optical health fund claims. If you have optical cover, you may be entitled to claim a rebate for your purchase. Non-prescription items cannot be claimed with your health fund, and Bailey Nelson cannot adjust your tax invoice to allow this. Tax invoices for health fund claims are required by law to state the name of the person wearing the prescribed item, and Bailey Nelson cannot adjust your tax invoice to allow claiming under another person's cover.
10.2 Claim validity can vary from fund to fund and is subject to both your annual policy limits and the terms and conditions of your provider. Please note that certain providers do not allow claims for online purchases; we recommend checking your coverage with your fund prior to purchase. For purchases made online, our business provider number will be stated in the upper right-hand corner of your tax invoice.
11. Subscription
11.1 For Products offered on a subscription basis, you will be informed of the billing period, cost and duration of your subscription before you agree to the subscription.
11.2 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 hello@baileynelson.co.nz within 60 days of the payment charge.
11.3 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.
11.4 If you would like to cancel your subscription at any point, you may do so either through this Site, or by contacting us, or both. We require a minimum notice period before cancellation which will be indicated to you at the point at which you sign up to the subscription. Where we receive your cancellation notice:
a) within the minimum notice period, your cancellation will be effective immediately; or
b) after the minimum notice period, the next instalment of your subscription and related payment will be processed and charged, and your cancellation will be effective immediately after.
11.5 Subscription payments are handled by a third party provider, ReCharge, Inc. and, by creating a subscription account, you agree to ReCharge Inc.’s terms and conditions in addition to these Terms of Use.
11.6 Once you have paid for each billing period, you will be issued with a tax invoice either via this Site or by email stating all relevant details.
11.7 For all subscriptions, you must inform Bailey Nelson if your prescription changes or becomes expired to ensure that we can deliver the best quality eyecare to you.
11.8 We reserve the right to suspend or 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.
12. Postage and Shipping
Once you have placed an order, please contact our team immediately if there is an issue or adjustment required and we will do our best to assist, providing the order has not already shipped. To do so, email hello@baileynelson.co.nz with your name and contact details and your order number. If you require a refund, please note that we’ll only be able to provide a full refund in accordance with our refunds and returns policy.
13. Refunds and Returns
Our policies with respect to refunds and returns are governed according to our Refunds and Returns policy (that you can access on the Site), which is incorporated into these Terms of Use.
14. Behaviour guidelines
14.1 You agree and covenant not to do any of the following.
a) Harvest, scrape or in any other way extract data from or on this Site or its users, using an automated, manual or other process.
b) Resell or make any commercial use of the Site or any Site content.
c) 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 Site except as interpreted and displayed in a web browser.
d) 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.
e) Harass, threaten, intimidate, mock, ridicule or in any other way make someone else feel uncomfortable through or using the Site.
f) 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.
g) Breach the security of the Site, test or scan the vulnerability of the Site, or make any unauthorised modifications to the Site.
h) Use the Site in any manner that is contrary to the directions of Bailey Nelson, as may be made from time to time.
15. Customer Content
15.1 Customers may post and/or create content through the Site, or other platforms affiliated with Bailey Nelson. That includes but is not limited to, reviews and comments about us, our Services and our Products (collectively, the Customer Content). We cannot and do not review the Customer Content.
15.2 You must not submit, post or display any Customer Content that:
a) you do not have permission, right or license to use, upload, and permit use;
b) is objectionable, offensive, unlawful, defamatory, deceptive or harmful; or
c) is illegal, fraudulent, or manipulative.
15.3 We may remove Customer Content that violates these Terms of Use, or that is offensive or otherwise unacceptable to us in our sole discretion.
15.4 You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. You, and not Bailey Nelson, are entirely responsible for all your Customer Content that you upload, post, e-mail, or otherwise transmit via the Site.
15.5 You grant us license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Site and our Services.
15.6 You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the Customer Content, including any breach your breach of this clause.
15.7 If you have any questions about your Customer Content and/or the content of another of our customers on the Site, you can contact us at hello@baileynelson.co.nz
16. Copyright
16.1 The Site is owned and operated by Bailey Nelson. Unless otherwise specified, all material appearing on the Site remains the property of Bailey Nelson, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively, the Content) as well as the selection, assembly and arrangement thereof.
16.2 The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws.
16.3 Bailey Nelson grants you a non-exclusive, revocable, non-sublicensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the Site and placing and order with us. Otherwise, you have no rights in or to the Content, and you will not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.
17. Liability
17.1 These Terms of Use do not limit or exclude any non-excludable rights you might have under any applicable law.
17.2 We do not provide warranties of any kind in relation to the Site, our Products, the Content, the Customer Content, and the Services. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:
17.3 Bailey Nelson expressly disclaims all warranties, express or implied, of any kind with respect to the Site and the Products and Services sold on the Site, including without limitation that the Site will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site; and
17.4 Bailey Nelson, its directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Site, the Content, the Products and/or the Services.
17.5 We reserve the right to make changes, corrections, and/or improvements to the Site and the Products and Services at any time. Without notice we reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
17.6 Further, to the fullest extent permitted by law, Bailey Nelson explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties. Links to and/or from external third-party sites from this Site are provided for convenience only and Bailey Nelson does not endorse or make any warranty with respect to such external sites. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such third-party sites. Third-party sites may be subject to additional fees and separate terms issued by the owner and operator of a third-party site, which will form a separate agreement between you and the relevant owner and operator.
18. Indemnity
18.1 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 of Use and/or your breach of any law or rights of a third party.
19. General
19.1 These Terms of Use constitute the entire agreement between Bailey Nelson and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
19.2 Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
19.3 If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
19.4 Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
19.5 These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.
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