Terms and Conditions

PALMA Eyewear Pty Ltd Terms & Conditions
ABN: 93 678 802 518
Effective Date: 1 September 2024
This website (www.palmaeyewear.com) is operated by PALMA Eyewear Pty Ltd (ABN 93 678 802 518) (referred to as "we," "us," and "our"). By accessing or using this website, you agree to comply with and be bound by the following Terms and Conditions. If you do not agree to these terms, please do not use this website or make any purchases.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be posted on this page, and your continued use of the website following the posting of such changes will mean that you accept those changes.

1. Specific Product Terms and Conditions
Products offered on the website may be subject to additional terms and conditions, disclaimers, or notices. By placing an order on the website, you agree to any additional terms applicable to that product.

2. Pricing and Product Information
Prices and product information on the website may be updated without prior notice. The price quoted at checkout is the final price for the product ordered at that time. Although we strive for accuracy, errors may occur, and we reserve the right to cancel any orders resulting from incorrect pricing or product information. Prices are in the specified currency and may not include applicable local taxes, which will be added during billing. 

3. Payment
Payments for purchases must be made immediately when you place your order. You must ensure the payment information provided is accurate and that you are authorised to use the chosen payment method. Any taxes or duties on the product ordered will be your responsibility.

4. Delivery
We ship to most countries. Standard shipping is included in all Australian orders, and the prices for Express shipping in Australia and International shipping are listed in our Shipping Policy. We aim to dispatch products as soon as possible after receiving an order. Delivery dates are estimates, and we are not liable for delays caused by customs or other unforeseen circumstances. If a package is undeliverable or remains uncollected for an extended period, we reserve the right to cancel the order and refund the product price minus shipping and handling fees. We offer no responsibility for missing or stolen packages if you request that an item be left without a signature.

5. Orders
Once an order has been placed, it cannot be altered or canceled without our agreement. We may refuse or limit orders at our discretion, in which case we will refund any payments made. Orders placed with the intent to promote counterfeit or copied products will be canceled.

6. Liability and Disclaimer of Warranties
To the fullest extent permitted by law, we exclude all warranties and guarantees related to the website or the products, whether express or implied. Our liability for any failure is limited to replacing the product, refunding the cost, or resupplying the services, depending on the case. We are not liable for any indirect, consequential losses such as revenue loss, data loss, or loss of reputation. This section does not limit or exclude our liability for any willful misconduct, fraud, or gross negligence.

7. Products Damaged in Transit
You are responsible for inspecting products upon delivery. If the product is damaged in transit, you must notify us within 7 days via email (hello@palmaeyewear.com). Failure to report damages within this timeframe means you waive any claims related to transit damage.

8. Returns and Refund Policy
Our Returns & Exchanges Policy outlines the conditions under which we accept returns and provide refunds. We reserve the right to reject returns that involve unauthorised activities, such as market research or reproduction. Please review the Returns & Exchanges Policy for more details.

9. Website Content and Product Designs
All materials, images, text, and content on the website are our intellectual property or that of our licensors. You are only permitted to use this content for personal, non-commercial purposes unless otherwise authorised by us. Reproduction, modification, or transmission of website content without our prior written consent is prohibited. You agree not to use our website to develop products that copy any of our designs or intellectual property.

10. Links to Third-Party Websites
Our website may contain links to third-party websites. These are provided for convenience only, and we are not responsible for the content or accuracy of any third-party websites. Clicking on these links is done at your own risk.

11. Virtual Try-On Feature
At this time, PALMA Eyewear does not offer a virtual try-on feature. We recommend reviewing our detailed product descriptions before purchasing to ensure a proper fit.

12. License to Use Your Posts
If you share any content (such as images or videos) featuring PALMA Eyewear products and tag us on social media, you:

• Grant us a royalty-free, perpetual, worldwide right to use, reproduce, share, and adapt your content for promotional purposes.
• Consent to our use of your name, likeness, or image in the content for marketing.
• Warrant that you have obtained the necessary permissions from any other individuals featured in the content.
• If you wish for us to remove your content, please contact us, and we will make reasonable efforts to do so.

13. Gifted Items
If you receive gifted products or use a gift code from us, you consent to us retaining and using your contact information for communication purposes. If you or your client produce content featuring the gifted items, it must clearly state that the content is an advertisement or gifted item by using #ad or a similar disclosure.
We reserve the right to use any such content for our marketing, including on social media, email campaigns, or paid advertising.

14. Intellectual Property and Content Usage
All materials and designs on the PALMA Eyewear website, including text, graphics, logos, icons, and software, are our exclusive property or used under license. Any unauthorised use of this content is strictly prohibited. You agree not to reproduce, publish, or distribute any material from our website without prior written consent.

15. Privacy
We collect and handle personal information about you in accordance with our Privacy Policy, which can be found at [insert PALMA privacy policy link]. By using our website or services, you acknowledge that while we take all reasonable steps to protect your information, transmission over the Internet may not always be private or secure, and could potentially be intercepted by third parties.

16. Indemnity
You agree to indemnify and hold us harmless from all losses, damages, claims, or expenses (including indirect or consequential losses) that we incur, whether directly or indirectly, as a result of your breach or failure to comply with these Terms and Conditions or any Additional Terms, or arising out of your use of this website.

17. Waiver
Our failure to enforce any provision of these Terms and Conditions or any Additional Terms does not constitute a waiver of our rights. Any waiver of a breach will not be taken as a waiver of any subsequent breach of the same or other terms.

18. General Provisions
These Terms and Conditions and any Additional Terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts, with respect to any dispute arising out of or in connection with these Terms and Conditions or any Additional Terms, the website or any orders you place on the website. 

19. Launch Promotion 
10% off for new customers only. Discount applies to first purchase only and excludes Gift Cards.

20. Contact Us
For any inquiries regarding these Terms and Conditions or for assistance with your orders, please contact us at:
PALMA Eyewear Pty Ltd
ABN: 93 678 802 518
Email: hello@palmaeyewear.com