Effective date: May 01, 2019
AM Eyewear (“us”, “we”, or “our”) operates the https://ameyewear.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
- Service. Service is the https://ameyewear.com website operated by AM Eyewear
- Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Cookies. Cookies are small files stored on your device (computer or mobile device).
- Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customise our Service.
You can enable or disable location services when you use our Service at any time by way of your device settings.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
AM Eyewear uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
AM Eyewear may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
AM Eyewear will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, AM Eyewear may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
AM Eyewear may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of AM Eyewear
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. AM Eyewear aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where AM Eyewear relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal / https://www.paypal.com/
Stripe / https://stripe.com/au
Zip Pay / https://zip.co/
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By email: [email protected]
B2B Terms of Sale
By accepting the Terms and Conditions of the AM Eyewear eCommerce platform you agree to the following terms of sale, if you do not agree to these terms please do not tick that you have accepted them.
In these terms of sale, “we”, “us” or “our” means AM Eyewear Pty Ltd and “you” or “your” means the Customer, Principal of the business or potential customer whom the invoice is addressed. “Items”, “frames”, “product”, “stock”, “goods” means sunglasses or optical frames.
Orders and Title
2.1 Title of Products
All Products purchased and paid for in full on the B2B eCommerce platform are considered sold, they are not on loan and any Products returned without prior approval will not credited.
2.2 Discrepancies of order
Any Discrepancies with your order, in regards to missing, incorrect and/or faulty products must be reported to us by email within 7 days of you receiving the order.
2.3 Products that do not meet your approval
Any Products that do not appear how you envisioned them at your time of purchase, can be returned within 14 days of invoice for a full refund.
Unless otherwise agreed in writing, all orders will be shipped at the customers expense at the rate our logistic partners provide us with.
Taxes and Duties
All International (International meaning all territories outside of Australia and the Netherlands) orders are sent on a DDU (Delivery Duty Unpaid) service. All prices on the B2B eCommerce platform are exclusive of destination taxes and duties. As the recipient, you are liable for all import duties, custom fees and local sales taxes levied by the country of destination. Payment of these fees will be necessary to release your order from customs on arrival. AM Eyewear is unable to advise the amount of these fees as the vary from territory to territory and we recommend that you contact your local customs office if you require further information.
5.1 Payment methods
Payments on the B2B eCommerce platform are processed through either PayPal or Stripe, with the following payment methods available, SEPA, iDEAL, Giropay, Multibanco (Beta), Bancontact, EPS (Beta), Paypal, VISA, Master Card and AMEX.
All new customers will be required to make pre-payment at time of checkout. Preapproved customers will have the option of 30 day trading terms with outstanding amounts being due in full no later than 30 calendar days from the date of the invoice. Outstanding funds should be deposited into either our Dutch ING or Australian Macquarie bank accounts (Cheques will not be accepted). All 30 day terms will incur a 10% financing fee and we reserve the right to change an account to pre-payment terms at anytime.
5.3 Default on 30 day trading terms
If an invoice remains outstanding after 30 days, we reserve the right to charge you an additional interest fee of 10% per annum from the date of invoice up until the date the amount is paid in full. In the event an account falls in arrears for a period exceeding 120 days, all outstanding invoices (whether within 30 days or otherwise) will become due and all information related to your account as well as debts will be forwarded to a collection agency. You will also become liable for all fees and legal costs relating to the recovery of your outstanding amounts.
Online Sales and Marketing
6.1 Online Sales
Products cannot be offered for sale online without prior approved from AM Eyewear Pty Ltd.
6.2 Online Prices
Product cannot be advertised online below 10% of the set RRP unless in a set sales period.
Buy Back Rotations Policy
In the event you select Products that do not performed in your store, we will repurchase them for 50% of the purchase price.
7.1 Qualified frame(s)
Frames must have been purchased through the B2B eCommerce porthole.
7.2 Condition of the frame(s), RAN
Frames must be in new condition and prior to any items being returned, clear photos showing the frame(s) must be uploaded to the Buy Back Rotations porthole. Once the frames have been approved, an RAN (Return Authorization Number) and the shipping address will be provided by email. Any items returned without a RAN will not be accepted and will be returned at the cost of the customer. All returned frames must include the cases, cleaning cloth and printed materials or an additional fee will be discounted.
All charges associated with the shipment of rotation frames will be at the cost of the customer.
7.4 Buy Back Rotation credits
Credits for rotated/repurchased frames can only be used on the B2B eCommerce porthole, they are not redeemable for cash and the cannot be transferred.
All AM Eyewear Products are guaranteed by a 12 month warranty from the date of purchase, the warranty covers manufacturer defects, materials or workmanship. The warranty does not cover damage to the lenses or damage to the frame due to misuse. All warranties must be submitted by either emailing [email protected] or by uploading to the Aftersales page on the B2B eCommerce porthole. A description of the defect, a copy of the proof of purchase (with date), a photo clearly showing the defective part and a photo of the SKU/colour code of the frame must be provided Please note that without a clear photo showing the SKU code, our aftersales department cannot confidently asses which production run the frame was made in and due to slight variations some parts may not fit correctly. We reserve the right to evaluate if a product has been misused or whether it is covered by warranty and Agents or Subcontractors working independently of our office do not hold the authority to make a warranty approval.
8.2 Repair and replacement parts
If the warranty has expired or if a customer has damaged their frame, we do offer a parts and repairs service. All requests for parts and repairs must be submitted by either emailing [email protected] or by uploading to the Aftersales page on the B2B eCommerce porthole Included in the email or upload, should be a description of the defect, a photo clearly showing the broken part and a photo of the SKU/colour code of the frame. We will respond to you with a quotation for the repair or replacement part and shipping instructions
The proper law of all contracts arising between the Seller and the Customer is the law of the state or Territory in which the Seller’s principal office is located and the parties agree that all claims and disputes relating to the goods sold shall be determined in a Court competent jurisdiction nearest such principal office and the parties irrevocably agree to submit to the non-exclusive jurisdiction of such Court.