Terms & Conditions
By using the TBC The Book Club Eyewear site, you are consenting to the collection of information by TBC The Book Club Eyewear.
The Site is a shopping website where you can browse, select and purchase Products from Sunshades Eyewear PTY LTD, trading as TBC The Book Club Eyewear ABN 70102239430 (“TBC The Book Club Eyewear”, “us” or “we”). Your access to and use of the Site, including your orders and purchases of Products through the Site, is governed by these terms and conditions.
You agree to be bound by, and comply with, these terms and conditions, comply with all relevant laws relating to your use of the Site and your placement of any order through the Site and not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase Products through the Site. TBC The Book Club Eyewear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Placing an order for Products
You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Rejection of an order
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Delivery of Products
We will only deliver Products ordered through the Site to a location where we provide delivery services. Our delivery company may need to contact you to arrange a delivery date for certain products. For further information please see our Shipping Information.
An appropriate person must be present to accept the delivery of your order. We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If there is no appropriate person at the Delivery Address to receive the order then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery. If we are concerned re the credit card used we will hold the order to be able to check all information and will not clear until advised by Credit Card Company.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the Products in that order are not available, there is an error in the price or the product description posted on the Site for the Product in that order or your order has been placed in breach of these terms and conditions.
Fees and charges
You agree to pay the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
Duties and Taxes
The Australian GST tax rate applies to all orders delivered within Australia.
International orders are exempt from Australian GST (10%); however, the order may incur taxes and duties applied by customs in the country of delivery.
If you require further information Regarding import duty and taxes please contact your local authority for information and guidance. To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable ‘merchandise’. We are also prohibited by law from marking the order as a ‘gift’, even if order is placed with the intention of sending to a gift recipient.
All stock levels shown on the TBC The Book Club Eyewear website are approximate only and TBC The Book Club Eyewear does not guarantee that all models of glasses will be available at the time of ordering. TBC The Book Club Eyewear is not responsible for any loss incurred from stock not being available.
Risk of Loss
Risk and title to Product passes to you on the date and time of delivery to the delivery address.
Warranty and Repairs
For further information please see Warranties
TBC The Book Club Eyewear cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release Sunshades Eyewear entirely of all responsibility for any consequences of its use.
This website may contain links to other websites. TBC The Book Club Eyewear is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by TBC The Book Club Eyewear. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
You agree that your access to, and use of, this website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on "as is" basis, the website may contain errors, faults and inaccuracies and may not be complete and current.
TBC The Book Club Eyewear makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this website, except as otherwise provided under applicable laws.
Neither TBC The Book Club Eyewear, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Sunshades Eyewear Pty Ltd. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by http://www.tbceyewear.com. Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Sunshades Eyewear is strictly prohibited.
Bloomingdale Competition: SURVIVE IN STYLE FOR A YEAR
1. The Promoter is Sunshades Eyewear Pty Ltd (ABN 70 102 239 430) of 110 McEvoy Street, Alexandria, NSW, Australia 2015. Telephone number (02) 8303 7300.
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
4. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/. The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
5. All accounts must be public in order for the Promoter to communicate with them and notify if they’re winners for the promotional period and the judging period. If they are not they will not be considered for judging.
Who can enter
6. Open to worldwide entries except employees and immediate families of the Promoter and their associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.
7. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent or guardian of the entrant must read and consent to all Terms and Conditions. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter. The release will require the winner’s parent or guardian to accept responsibility for the acts and forbearances of the winner. The release will include the full name, address and telephone number of the winner’s legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner’s entitlement to the prize, subject to State and Territory legislation. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
8. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
When to enter
9. The promotion commences at 00:01 AEDT on 09/13/2018 and concludes at 23:59 AEDT on 11/30/2018.
10. The time of entry will be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
11. The Promoter accepts no responsibility for any late, lost or misdirected entries including emails not received by the Promoter or delays in the delivery of the email message due to technical disruptions,network congestion or for any other reason.
How to enter
12. The details of how to enter the competition are set out on The Book Club Eyewear (TBC Eyewear) Instagram https://www.instagram.com/tbceyewear/.
13. Entrants may enter the competition by: Uploading a photo of your home or workspace with The Book Club Eyewear GWP Poster from Bloomingdales and tagging @tbceyewear @bloomingales #tbcsurvival demonstrating the most creative, inspiring and fun use of the poster within their space – the person who brings the biggest smile to our face wins.
14. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
• any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
• any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
1. Any entry that is made on behalf of an entrant by a third party will be invalid.
2. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.
Number of Entries permitted
3. Multiple entries per person. Only one prize will be awarded per person.
4. All entrants may enter as many times as they like but only one prize will be awarded per household.
Determination and Notification of winner
5. The winner will be the valid entry submitted in accordance with these terms and conditions that is judged by TBC Eyewear team to be the most creative and original at Sunshades Eyewear Pty Ltd (ABN 70 102239 430) of 110 McEvoy Street, Alexandria, NSW, Australia 2015. This competition is a game of skill. Chance plays no part in determining the winner.
6. If any particular determination is scheduled on a public holiday, the determination will be take place on the following business day.
7. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
8. The winners will be notified via their individual social media account within one business day of being determined.
9. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
10. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
11. If the winner has not claimed the prize by 12/01/2018 then he or she will forfeit the prize and the prize will be awarded to the valid entry submitted in accordance with these terms and conditions that is judged by TBC Eyewear team to be the next most original and creative on 01/15/2019 at Sunshades Eyewear Pty Ltd (ABN 70 102 239 430) of 110 McEvoy Street, Alexandria, NSW, Australia 2015. The winner of the unclaimed prize will be notified via their individual social media account within one business day of the date on which they are judged to be the unclaimed prize winner.
Prize on offer
12. There will be one (1) prize pack on offer. Total prize pool valued at $USD 450.00 (including GST) as at 01/12/2017. Winner will receive ten (10) pairs of The Book Club Eyewear frames, in their selected magnification, released between January 1, 2019 and December 31, 2019.
13. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
14. Prizes cannot be transferred, exchanged or redeemed for cash.
15. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements
16. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. If an entrant under 18 years of age wins a prize then their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf.
Further Terms and Conditions
17. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
18. Sunshades Eyewear Pty Ltd and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
19. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
21. Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
22. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
23. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
24. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
25. The Promoter reserves the right to re-determine the winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
Copyright, Statutory guarantees, Waiver and liability
26. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Sunshades Eyewear Pty Ltd or The Book Club Eyewear or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
28. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in
this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
29. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
30. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion but no further use of this information will be made without prior consent.