Cornea Technology Website Terms and Conditions

 1. Agreement

By accessing this Cornea Technology website you agree to abide by these Terms and Conditions in relation to your use of the Cornea Technology website. This includes the purchase of goods and services through the website as well as access to and use of all associated technologies and processes.

2. Definitions

Within these Terms and Conditions the following definitions apply:

2.1. Agreement – These Terms and Conditions as well as all terms relating to the purchase of any goods and services through this website.

2.2. User – You and any other person accessing this website.

2.3. Customer – The person, organisation or other legal entity specified in a Cornea Technology sales document, quote or Tax Invoice.

2.4. Goods – Products purchased through the website.

2.5. Pre-order – Items sold that are not currently in stock but expected to be available by the dispatch date listed on the website.

2.6. Delivery Charge – Amount covering cost to deliver goods to the customer.

2.7. Website – the Internet site www.corneatech.com.au.

2.8. Intellectual Property – All rights in relation to copyright, patent, trademarks and logos, designs, images and other material created by or for the exclusive use of Cornea Technology.

2.9. Singular and Plural notations – Any reference within these Terms and Conditions to a single entity, whether person, organisation, gender, Act or Statute, includes the plural.

3. Website Use

3.1. The Cornea Technology Website may contain links to other websites that might be of interest to you, the User. Cornea Technology accepts no responsibility for the content or operation of these third party websites.

3.2. By visiting a third party website from a link on Cornea Technology’s website, you agree to do so at your own risk. Cornea Technology will not be held liable for any loss, damage or other negative outcome resulting from such visits.

4. Pricing

4.1. Unless otherwise specified, all prices are in Australian Dollars and include GST.

4.2. Cornea Technology reserves the right to change its prices at any time without notice.

4.3. Clause 4.2 (above) does not apply to confirmed orders. Prices on confirmed orders remain fixed.

4.4. When placing an order through the Cornea Technology website, you agree to pay the Delivery Charge as shown at Checkout.

5. Product Specifications

5.1. Descriptions of features and specifications on any product on the Cornea Technology website may be changed without notice.

5.2. This Cornea Technology website displays weights and dimensions as approximations. TV screens are measured diagonally and all screen images contained on the website are simulated images unless otherwise specified.

6. Orders

6.1. Orders are placed by following the directions on the website. Once all required details have been provided, and the order confirmed, it is deemed submitted.

6.2. Cornea Technology will formally acknowledge receipt of the order by sending a confirmation email to the customer’s nominated email address.

6.3. Because Cornea Technology is an online business, it communicates for the most part with customers via email. Cornea Technology accepts no responsibility for miscommunication due to incorrect email addresses given or the customer’s failure to adequately maintain his or her email account.

6.4. All confirmed orders are separate agreements.

6.5. Cornea Technology may refuse or rescind orders that involve commercial quantities of Products.

6.6. Cornea Technology reserves the right to, at its sole discretion, cancel an order at any time prior to dispatch. This includes orders for products sold on Pre-order.

6.7. Where an order is cancelled, Cornea Technology will send an acknowledgement to the customer via email and issue a refund at the earliest opportunity.

6.8. From time to time, Cornea Technology may alter the specifications of its products and reserves the right to do so without prior notice to customers. Any alteration to specifications of an ordered product does not entitle the customer to return the product under circumstances not in accordance with these Terms and Conditions.

6.9. Cornea Technology accepts no responsibility for loss or inconvenience incurred due to disruptions to or failure of any Internet connections.

7. Payment

7.1. Payment may be made via MasterCard & VisaCard.

7.2. Payments are processed immediately upon order confirmation, including payments for goods on Pre-order.

7.3. Cornea Technology reserves the right to demand additional information or to cancel the purchase transaction if anything occurs that raises its suspicions about the legitimacy of the payment method.

8. Delivery and Ownership of the Products

8.1. Cornea Technology endeavours to ensure that all items are delivered promptly. It is possible; however, that factors outside our control may on occasion cause delays. Cornea Technology does not accept liability for any loss or damage that may be incurred as a result of such delays.

8.2. The date of dispatch listed on the website is the estimated date as assessed by Cornea Technology. In the event that dispatch is delayed by more than 1 week, Cornea Technology will inform the customer by email to the email address listed on the original order.

8.3. Cornea Technology does not deliver products to PO Box addresses.

8.4. Once delivery of the product is signed for, title and risk is passed to the customer.

8.5. If the customer has given written authority for the product to be delivered without a signature, any and all insurance cover concerning the product will be nullified.

8.6. Cornea Technology’s appointed courier will only deliver the product during business hours (9.00 am – 5.00 pm, Mon – Fri).

8.7. Delivery times are not the responsibility of Cornea Technology. When the product has been dispatched it is up to the customer to communicate with Cornea Technology’s appointed courier and arrange a time to take delivery.

8.8. Any information from Cornea Technology that is given to the customer regarding delivery will be from a third party. Cornea Technology, therefore, will not be held responsible for the information’s accuracy.

9. Faulty or Damaged Products

9.1. Cornea Technology will repair or replace damaged or faulty products pursuant to these Terms and Conditions and the relevant Cornea Technology Standard Warranty http://www.corneatech.com.au/t-warranty.aspx

9.2. If a product is found to be faulty within the first 7 days after delivery or is already damaged on delivery, and Cornea Technology is notified by the customer of that fault within the first 7 days after delivery, Cornea Technology will act as follows:

(a) Replace the faulty product with a new product.

(b) If a new replacement is unable to be provided, Cornea Technology will refund the purchase price including the Delivery Charge.

(c) If a new replacement is available, but the customer chooses to receive a refund instead of that replacement, the refund will be for the amount of the purchase price excluding the Delivery Charge.

(d) The 7-Day period commences on the date that the customer accepts delivery of their Cornea Technology product. Where there is no proof of delivery, this date will be deemed to be 3 business days from the date the product was dispatched.

Any faults discovered or reported outside of this 7-Day period, will be addressed pursuant to the Terms and Conditions of the relevant Cornea Technology Standard or Extended Warranty.

9.3. If a product is found to be already damaged on delivery, photographic evidence of the damage is required to be emailed to support@corneatech.com.au before Cornea Technology will consider authorising the product’s return.

9.4. Final determination as to whether a product is faulty or damaged pursuant to these Terms and Conditions remains solely with Cornea Technology. Cornea Technology, in making its determination, may refer the product to an authorised repair centre of its choice for assessment.

9.5. If a product deemed faulty by the customer is, in fact, found to be in good working order, Cornea Technology may seek reimbursement of any costs incurred during its assessment process.

10. Stuck and Dead Pixel Policy for LCD TVs and Digital Photo Frames

10.1. The following will be considered faults pursuant to clause 9 (above):

a)    There are one or more dead pixels (best seen on a white background as they don't have any colour)

b)   There are three or more stuck pixels (these are either white, green, red or blue)

c)    Customer reports (a) or (b) within the first 7 days after delivery.

10.2. For more information on stuck and dead pixels, please see our Warranty Terms and Conditions. http://www.corneatech.com.au/t-warranty.aspx

11. Refunds and Returns

11.1. Cornea Technology does not provide refunds unless pursuant to its 7-Day Money Back Guarantee.

11.2. No refunds will be considered for downloadable products, including GPS map updates.

11.3. Other than pursuant to clause 9, Cornea Technology will not accept the return of products unless they were delivered in error.

11.4. To request a return under these Terms and Conditions, send an email to: support@corneatech.com.au

11.5. The customer must comply with all directions from Cornea Technology staff in order to affect a return.

11.6. Products must be returned in their original packaging with all accessories, and in a resealable condition.

11.7. The customer is responsible for the safety of the returned product. Cornea Technology takes no responsibility for returned items lost or damaged in transit.

12. Warranties

12.1. Cornea Technology offers a 12-month Standard Warranty on all products (View full warranty details here) http://www.corneatech.com.au/t-warranty.aspx

12.2. To the extent permitted by law, the warranties referred to in clause 12.1 will substitute all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are therefore expressly excluded.

12.3. Cornea Technology guarantees to carry spare parts for each product only for the length of the Standard. Availability of spare parts outside this period is not guaranteed. If supply of parts is limited, Cornea Technology may refuse to provide spare parts for a product that is outside of the warranty period.

12.4. Certain legislation implies warranties or conditions and imposes obligations upon Cornea Technology which cannot be excluded, restricted or modified, except in some cases to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If applicable, Cornea Technology’s liability will be limited, at its discretion, to:

a)    the replacement of the products

b)   supply of equivalent products

c)    repair of the products

d)   payment of the cost of replacing the products or acquiring equivalent products

e)    the payment of the cost of having the products repaired.

13. Intellectual Property

13.1. All material on this website is the Intellectual Property of Cornea Technology. You are forbidden to use, copy, reproduce or distribute it in any way without the permission of Cornea Technology.

14. Indemnity

14.1. By using this website, you agree to waive, discharge and relinquish any and all claims that you have now or may have against Cornea Technology in the future that relate to or are incidental to the use of the website.

14.2. You agree to indemnify Cornea Technology against any and all claims, loss, damage, taxes, liability and/or expense it may incur as a result of your use of the website and the use of any Cornea Technology Products not in accordance with the manufacturer’s specifications (as noted in Product Manuals and as occasionally conveyed to you).

15. Liability

15.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and Cornea Technology’s liability, for negligence or otherwise, is limited, at Cornea Technology’s discretion, to the resupply of products, or the cost of the resupply of products. Cornea Technology shall not be liable for any indirect or consequential loss.

15.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and Cornea Technology’s liability, for negligence or otherwise, is limited at Cornea Technology’s discretion, to these Terms and Conditions and the terms listed in Cornea Technology warranties.

16. Privacy

16.1. Cornea Technology collects customers’ personal information for these purposes:

a)    Supply and delivery of products

b)   Repairing products, both warranty and non-warranty

c)    Product enhancement and development

d)   Customer service marketing

e)    Business expansion

16.2. During dealings with its customers, Cornea Technology may from time to time collect and hold the following types of information:

a)    Personal information about customers or target customers that has been disclosed to Cornea Technology by those customers or target customers, or obtained from public domain sources such as the media.

b)   Incidental collection of information about employees and other representatives of corporations with whom Cornea Technology deals. Such information may include contact details, roles within the organisation and other personal details.

16.3. Cornea Technology will not sell, rent, share or otherwise disclose personally identifiable information that would breach this Privacy and Security Policy.

16.4. In the event that Cornea Technology employs a third party to undertake work, such as repairs, personal information may be disclosed to enable that third party to carry out the work.

16.5. Customers may request access to their personal information, in accordance with the National Privacy Principles Act 1988, by sending an email to: support@corneatech.com.au

16.6. An administration fee of $30.00 will be charged for the retrieval of any personal information.

17. General

17.1. Cornea Technology reserves the right to make changes to these Terms and Conditions without notice.

17.2. Any provision of these Terms and Conditions which is deemed unenforceable will not affect the enforceability of other provisions.

17.3. Any failure or delay by Cornea Technology to exercise a power or right under this Agreement is not a waiver of that power or right.

17.4. The exercise of a power or right by Cornea Technology does not preclude its future ability to exercise that same or any other power or right.

17.5. This Agreement is governed by and must be interpreted according to the law of the State of New South Wales, Australia, and the relevant parties must submit to the jurisdiction of the courts in that State.