Terms of service

OVERVIEW
Welcome to Vantage Optics! The terms "we", "us" and "our" refer to Vantage Optics (ABN 59 704 596 156). Vantage Optics operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Vantage Optics is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, CONDITION, WARRANTY, RIGHT OR REMEDY YOU HAVE UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH), INCLUDING THE AUSTRALIAN CONSUMER LAW, OR ANY OTHER LAW THAT CANNOT LAWFULLY BE EXCLUDED. WHERE PERMITTED BY LAW, OUR LIABILITY FOR A BREACH OF ANY SUCH NON-EXCLUDABLE GUARANTEE IS LIMITED, AT OUR OPTION, TO THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED OR REPLACED.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. This section does not affect your rights under the Australian Consumer Law where a product is not of acceptable quality or does not match its description.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Vantage Optics reserves the right to accept or decline your order for any lawful reason (for example, product unavailability, an error in price or product information, or a suspected fraudulent order) at its discretion. Your order is not accepted until Vantage Optics confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Vantage Optics may be unable to accommodate cancellation requests after an order is accepted. Where we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return, exchange, repair or refund in accordance with our Refund Policy [LINK] and your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed with us in writing.

SECTION 4 - PRICES AND BILLING
All prices are shown in Australian dollars (AUD) and, unless stated otherwise, include GST where applicable. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, express delivery, or other optional charges, which will be disclosed to you before you complete your order.
Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store, and to promptly update this information as needed so that we can complete your transactions and contact you.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use the payment method for the purchase, and (iii) you will pay all charges incurred by you at the posted prices, including shipping and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
Estimated delivery times are set out in our Shipping Policy [LINK] and are estimates only. While we take reasonable steps to ensure timely delivery, we are not liable for delays caused by circumstances outside our reasonable control, such as delays by shipping carriers or customs. Once we transfer products to the carrier, risk of loss or damage in the products passes to you, except where the Australian Consumer Law or another law provides otherwise.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of these, are owned by Vantage Optics, its affiliates or licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants or should be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Vantage Optics, Shopify or any third party.
Vantage Optics' names, logos, product and service names, designs and slogans are trademarks of Vantage Optics or its affiliates or licensors. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any representations or endorsement, and to the extent permitted by law, without liability arising from your use of them. Any use by you of optional third-party tools is entirely at your own risk and discretion, and you should review the relevant third-party's terms before using them.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or materials provided by third parties. We do not examine or evaluate the content or accuracy of third-party materials or websites, and accessing them is at your own risk. Please review the third party's own policies before you engage in any transaction with them. Complaints regarding third-party products or services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Vantage Optics is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Vantage Optics. Shopify is not a party to, and is not responsible for, any aspect of the sale between you and Vantage Optics, except to the extent Shopify's own terms with you say otherwise.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose connected with operating and improving the Services. You represent that you own or have the necessary rights to give us this licence, and that your Feedback will not infringe any third party's rights or contain unlawful content.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors and to change, update or cancel orders if any information is inaccurate, at any time, without prior notice (including after you have submitted your order), subject to your rights under the Australian Consumer Law.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You must not use the Services to: (a) engage in unlawful or malicious conduct; (b) breach any applicable law or regulation; (c) infringe our or a third party's intellectual property rights; (d) harass, abuse or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited advertising; (g) impersonate any person or entity; (h) upload viruses or malicious code; (i) scrape, harvest or extract data from the Services using automated means, including AI agents, without our prior written consent; or (j) interfere with or attempt to bypass the security or access controls of the Services. We may suspend, disable or terminate your account if we reasonably determine you have breached these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with clause 14.4 below, and unless we have not requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses or interacts with the Services.
14.4 Agents must: (i) identify themselves as an Agent in HTTP/HTTPS requests, including the agent's name in the user agent string; (ii) not conceal that access is automated, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any prompt asking whether interactions are from a human or a computer; and (iv) not circumvent measures intended to control Agent access to the Services.

SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services at our discretion where we reasonably believe you have breached these Terms, and you will remain liable for amounts already due. Sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes and, to the extent permitted by law, we do not warrant its accuracy, completeness or usefulness.
EXCEPT AS EXPRESSLY STATED BY VANTAGE OPTICS OR AS REQUIRED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY LAW, WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NOTHING IN THIS SECTION EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE UNDER THE AUSTRALIAN CONSUMER LAW OR OTHER LAW THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 17 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO YOUR NON-EXCLUDABLE RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, VANTAGE OPTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES. WHERE OUR LIABILITY FOR BREACH OF A NON-EXCLUDABLE GUARANTEE CANNOT BE EXCLUDED BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED, AT OUR OPTION, TO REPAIRING OR REPLACING THE GOODS, SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF REPAIR OR REPLACEMENT.

SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Vantage Optics, Shopify, and our respective affiliates, officers, directors, employees and agents from losses, damages, and liabilities (including reasonable legal costs) arising from your breach of these Terms, your violation of any law or third-party right, or your misuse of the Services.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies referenced in them, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements.

SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without notice to you, provided this does not reduce the guarantees you are entitled to under the Australian Consumer Law.

SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia. You and Vantage Optics submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

SECTION 23 - HEADINGS
Headings are included for convenience only and do not limit or affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time by posting the revised version on this page. Material changes will be notified in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to info@vantageoptics.com.au.
Vantage Optics
13/8 Channel Street, Cleveland QLD 4163, Australia
Phone: 1300 302 585
ABN: 59 704 596 156