Terms Of Service
OVERVIEW
This website is operated by Drafterz. Throughout the site, the terms “we”, “us” and “our” refer to Drafterz. Drafterz offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses, or any code of a destructive nature. Engaging in or introducing computer codes, files, or programs that may harm, interfere, or attempt unauthorised control of our systems is strictly prohibited. This includes, but is not limited to, viruses, spyware, worms, Easter eggs, Trojan horses, and time bombs. These actions are deemed harmful as they jeopardise the health of our hardware, software, and other essential tools. Unauthorised monitoring of these systems and tools' usage is prohibited.
Users are strictly prohibited from using this website for any unauthorised commercial activity, or any action that breaches these terms, is unlawful, deceitful, inflicts harm, or has the potential to cause injury to any individual or entity. Users must refrain from any activity that potentially disrupts the website's functioning, its underlying systems, servers, or any networks supporting its operations. Any attempt to hack, alter, or tamper with any part of the website, or to breach any protocols or policies set by our servers or networks, is strictly prohibited. Users must also ensure they do not prevent others from accessing and using the website without hindrance.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The images displayed on our website are provided solely for illustrative purposes, and we cannot provide a guarantee that the colours will be accurately reproduced or that the images will fully reflect or portray the complete design or available options of the respective product. Some lenses have a mirror characteristic that cannot be completely replicated on a website. We disclaim all liability for any direct or indirect consequences resulting from the Visitor's actions or omissions, regardless of whether they are based on the materials provided.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - PAYMENT, SHIPPING AND DELIVERY
You are required to make payments prior to receiving any products. The provided delivery timeframes are approximate and for reference purposes only. Drafterz shall not bear responsibility for any delays in delivery.
Upon placing your order, you enter into a binding agreement for the sale and affirm the accuracy of all information provided, including the shipping address. While we track all deliveries, its important to note that once we have delivered the goods to the designated delivery service, you assume full responsibility for any risks, including the risk of loss or damage, associated with the goods. You do not possess the right to cancel this Agreement based on any delays.
SECTION 7 - TAX & INTERNATIONAL ORDERS
By making a purchase from Drafterz, you hereby acknowledge and recognise that the goods you acquire are subject to the customs and export control laws and regulations of Australia. The Australian Goods and Services Tax (GST) of 10% applies to all orders within Australia.
These goods may also be subject to the customs and export laws and regulations of the country in which you receive the products. You agree to comply with all applicable laws in this regard.
If your ordering internationally, you are solely responsible for the payment of any import duties, taxes, customs duties, and brokerage fees. These aren't part of the international delivery cost. We recommend reaching out to your country's customs office for more info about these charges. They're best equipped to assist you with any questions you might have.
If you decide not to cover the customs tax or import duties for international orders, please be aware that this will result in customs discarding the order. Unfortunately in such cases, we won't be able to offer a refund. If you have any questions or need further clarification, feel free to reach out.
SECTION 8 - ORDER CANCELLATION DUE TO ERROR
Drafterz may display inaccuracies or errors in pricing, availability, descriptive information, images or typographical errors or similar oversights. We retain the discretion to cancel any orders that include such errors, even after you have received an order confirmation or shipping notice. In such cases, we have no further obligations towards you. If your credit card has been charged, we will proceed with issuing a refund to your credit card or payment method used to purchase, for the total amount that was debited. It is important to note that the refunded amount may not immediately appear on your credit card statement and may instead be reflected in the subsequent billing cycle.
SECTION 9 - PRODUCT RETURNS
It’s imperative that all returned items be securely packaged and accompanied with a note with your contact information: full name, order number, email address and clear written details explaining the reason for your refund request. Please be aware that shipping costs for the return are the customer's responsibility. Shipping fees are not eligible for a refund.
We cannot guarantee receipt of your returned item, nor can we be held liable for items lost during transit. We strongly advise using a tracked shipping service for more secure returns.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you will receive a refund equal to the original purchase price. This refund will not include any shipping costs or charges incurred for returning the product back to us. You will be automatically refunded on your original payment method within 10 business days.
Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at info@drafterz.co
Returns that don't meet these specifications may not be approved. For more details, please review our Refund Policy.
SECTION 10 - REFUND GUIDELINES
If you decide to return the product/s and they are found to be in unsatisfactory condition upon inspection – which includes signs of lens wear or sweat marks, scratches, or damage to the frame – unfortunately, the return will not be accepted. If returned product/s are not accepted, we will ship them back out to you.
When returning items, missing accessories may lead to deductions from the refunded amount, or in some cases, the non-acceptance of the refund. Take note of the following prices:
Drafterz Box with Silver Logo - $12 AUD
Microfibre Cloth - $8 AUD
Refunds are not provided by Drafterz for giveaways, gift cards, sale products and products purchased with discount codes.
SECTION 11 - ORDER INSPECTION
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue. In such instances, we'll provide you with a return label. If we don't hear from you within the first 10 days, we'll assume any problems arose after delivery. Please be aware that if the items are damaged or defective and you do not inform us within this timeframe, you will not be eligible for a refund and all warranties will be voided.
SECTION 12 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If a parcel is sent back to our warehouse because of inaccurate or incomplete address information, new postage fees will apply before the parcel can be resent.
SECTION 13 - WARRANTY / CONSUMER GUARANTEE
At Drafterz quality matters. We design premium eyewear that's sparked by passion and crafted with precision. Your satisfaction is our priority. If you're not happy with your purchase for any reason, no problem. Return your eyewear within 30 days of delivery, unworn, undamaged and with all original packaging. We're here to ensure your experience is top-notch from start to finish.
The sole warranty applicable to our goods is the consumer guarantee specified in the Australian Consumer Law. We do not offer any extra or other warranties. This guarantee covers breakage due to material defects or faults in the craftsmanship of the goods from the time of purchase, when they are new. However, it does not extend to cover issues considered as general wear and tear, including accidental damage, scratched lenses, loss or theft of product, or misuse determined by Drafterz. We will process a product refund only if the item is verified to be damaged or defective upon initial receipt.
In circumstances where Drafterz is held accountable by law to the customer, to the extent that legal obligations apply. We may elect a resupply of the product or a refund of the original amount you paid for the product concerning the specific defect. You also have the option to request repairs from us to ensure the products meet acceptable quality standards. We're here to provide a solution that works for you. Drafterz will not be liable for any losses that may occur whatsoever.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Drafterz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Unauthorised copying, adaptation, reproduction, removal, or modification of any copyright, trademark, or other proprietary rights associated with the Website is strictly prohibited unless expressly granted written consent by Drafterz. Additionally, the unauthorised framing or mirroring of any part of the Website, as well as the unauthorised incorporation of any portion of the Website into any product or service, is strictly prohibited.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Drafterz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - WEBSITE USAGE LIABILITY LIMITATIONS
Drafterz shall not be held accountable for any harm or damages the Visitor may experience as a result of accessing the Website or any third-party websites linked therein. This encompasses, but is not limited to, malfunction or failure of software or hardware, inaccuracies, oversights, interruptions, deletion of files, errors, delays in processing or transmission, loss of profits, goodwill erosion, data loss, disruptions in operations, computer breakdown or faults, computer-related infections, communication disruptions, system or network downtime, unauthorised breaches, alterations, or any other direct or indirect losses, tangible or otherwise.
Drafterz will bear no responsibility for any losses or damages incurred by visitors (including software or hardware damage) arising from the utilisation of the Website for any purpose.
SECTION 23 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26- FORCE MAJEURE
In the event of a force majeure situation causing a delay that persists for more than 30 days, we hold the right to terminate this agreement, providing a minimum of 7 days' notice to you. 'Force Majeure' pertains to any event, condition, or omission beyond our reasonable control.
SECTION 27 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 28 - INTELLECTUAL PROPERTY
All content present on this website, such as text, graphics, logos, images, videos, and software, is the exclusive property of Drafterz or its content suppliers, protected by intellectual property laws. Unauthorised use, reproduction, or distribution of this content is strictly prohibited. Trademarks displayed on this website are owned by Drafterz or their respective owners, and any unauthorised use is prohibited. Users are granted a limited, non-transferable license to access and use the content solely for personal, non-commercial purposes. User-generated content submitted to the website becomes the property of Drafterz, granting us the right to use, modify, and display such content. Any concerns about copyright infringement should be reported to us using the provided contact information. Third-party content and links are not under our control, and we are not responsible for their practices. Users are required to respect all applicable intellectual property laws and our rights. Unauthorised use may result in legal action.
SECTION 29 - DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to your use of this website or services provided by Drafterz, both parties agree to first attempt to resolve the matter through good-faith negotiations. If a resolution cannot be reached, the parties agree to submit the dispute to mediation, conducted by a mutually agreed-upon mediator, in Australia. If mediation is unsuccessful, any unresolved dispute shall be settled by arbitration in Australia in accordance with the rules of the relevant arbitration authority. Each party will bear its own costs in mediation and arbitration, and the parties will equally share the fees of the mediator and arbitrator. This section does not prohibit either party from seeking injunctive relief in a court of competent jurisdiction within Australia for the protection of its intellectual property rights or enforcement of other equitable remedies.
SECTION 30 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 31 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@drafterz.co