Terms & Conditions
Thank you for visiting Sherryandco.nz, to provide a convenient, private and informative shopping experience for consumers to purchase 24 hours a day, 7 days a week. We offer a selection of glasses and lenses,
These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our privacy policy to understand our privacy related practices.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
You hereby certify that you have a valid prescription for the eyeglasses that you are ordering. You represent and warrant to Sherry&Co by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care providers suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Sherry&Co will not be responsible for the breakage of the frame while fitting lenses or any damage to the frame whilst in transit. We will try our best to remove the old existing lenses without damage. Your existing lenses will be returned to you. We will return the frame to you should we feel the frame cannot be safely reglazed without any charge for the lenses.
Sherry&Co will not be responsible for the breakage of the frame while fitting lenses or any damage to the frame whilst in transit. We will try our best to remove the old existing lenses without damage. Your existing lenses will be returned to you. We will return the frame to you should we feel the frame cannot be safely reglazed without any charge for the lenses.
Deliveries will be as soon as possible to the address on your order and are “best effort” based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.
We aim to dispatch all products within 12 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times.
Please inspect the products as soon as possible after delivery to check for any damage, defects or discrepancies. In the event there is a problem with the products please do not use the products and contact Sherry&Co as soon as possible.
If products are returned to Sherry&Co as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days, then you will be refunded for the products within 10 days of that date.
Free delivery online offer is subject to change at any time without prior notice.
We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates.
We will try to let you know if we expect to be unable to meet our estimated delivery date, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
You may grant us an ‘authority to leave without signature’ when placing your order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the order in question per your instructions – at the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
You may return any products ordered by you and cancel the agreement without stating any reason for doing so, such within seven (7) working days following the receipt of your order (“the Return Period”). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resalable packaging provided with them. Between the date of your decision to withdraw and the date the product is returned by you to us you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
In the event that returns & exchanges applies, Sherry&Co will offer to repair or replace the products or issue you with a full refund. Please contact Sherry&Co for information on how to return products to Sherry&Co.
A refund, repair or replacement will be made following receipt by Sherry&Co of the returned products. Such refund, repair or replacement will be provided within 15 days of the date the returned products are received. Any refunds provided will be made to the debit or credit card provided by you when you placed your order.
Please note that all returns are to be returned with all component parts as soon as possible and in any event within 14 days of receipt of your order.You must take all reasonable care of the products that you will return to us while they are in your possession. Products should be returned to us in or with their original packaging,
Nothing within these Terms and Conditions of Purchase affect your statutory rights under the New Zealand Consumer Guarantees Act.
Glasses and sunglasses must be returned in their original unused and unworn condition. Returns or exchanges may be denied, in very rare circumstances, based on the nature of prior transactions.
We guarantee the quality of our frames, glasses lenses, and coatings. If you experience a manufacturing defect within 365 days of delivery, simply contact our us for a free return label to facilitate a replacement or exchange. Our warranty does not cover the damage caused by the wear and tear of everyday use, or the damaged caused by sudden force or impact.
You agree that Sherry&Co will not be held responsible if you have transposed your prescription into your order incorrectly or your eyes do not tolerate the products or any related products ordered by you.
Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed. You will be kept up to date of any delays via email.
If using a coupon code, please note that only one coupon code can be used per order. We accept the following forms of payment: Visa, Mastercard, Amex or PayPal. NOTE: The title and risk and rewards of ownership of the product transfers from Sherry&Co to the customer at the point of shipment.
You are responsible for the security and proper use of your password and account information and must take all reasonable steps to ensure that the password and account information is kept confidential.
The prices stated on the Website are inclusive of GST (where payable) and exclude delivery charges. Any applicable delivery charges will be displayed on the order form.
When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a copy of your prescription. You should ensure that you are ordering the parameters for your glasses and not for your contact lenses.
By placing an order, you are confirming that:
· you have a valid prescription which has not exceeded the expiry date annotated on it and which has been issued by a registered optometrist.
· you know of no reason why the product you are ordering would not be appropriate for you;
· you are not experiencing any discomfort with the product you are currently prescribed to wear; and
· the order placed through the Website represents a request for products by you, which fulfils the needs of you yourself and no other person.
Sherry&Co Store and other graphics, logos, and service names used on the Site by Sherry&Co are the trademarks of Sherry&Co. Sherry&Co trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Sherry&Co. All other brands and names (including third-party product names) are the property of their respective owners.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. We own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe.
Occasionally, we may make available a link to a third party’s web site. These links will let you leave the Site. The linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting, or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words Sherry&Co. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
Read our full privacy policy
We provide you the opportunity to opt-out of having your personal information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any special offer emails from us, you may opt-out at any time by following the unsubscribe link located at the bottom of each email communication.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter.
By accepting these terms and conditions, you give your express, specific and informed consent to receive emails of promotional materials concerning optical products and glasses from Sherry&Co. Your data will not be shared with any third party company. Each email sent to you by Sherry&Co will include an ‘unsubscribe’ link.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
THE CONTENT (AS DEFINED BELOW) CONTAINED IN THIS SITE IS PROVIDED BY SHERRY&CO AS A SERVICE TO ITS CUSTOMERS. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THIS SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO YOUR EYECARE NEEDS. THE INFORMATION PROVIDED IN THIS SITE IS ONLY GENERAL HEALTH INFORMATION, THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR PROFESSIONAL EYECARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, SHERRY&CO DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SHERRY&CO AND STAFF EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Sherry&Co will not be liable in the event that any loss or damage suffered by you is caused by any intentional act or omission or gross negligence by you or your improper use of the products.
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
This Website is designed for and intended for use by adults. If you are under 18, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this website by children, minors and others under your care. You agree to be responsible for their use of this website.
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
COPYRIGHT NOTICE. Copyright © Sherry&Co, All rights reserved. Any rights not expressly granted herein are hereby reserved.
This website, the information on it and these Terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute under these Terms or otherwise concerning this website shall be subject to the exclusive jurisdiction of the courts of New Zealand, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
All products are subject to availability. As your order is processed, you will be informed by e-mail if any of the products ordered are not available or if there is a problem with your order.
If any products ordered are not available, Sherry&Co may offer you substitute products of equivalent quality and price. If Sherry&Co is unable to offer substitutes or you do not agree to accept such substitute, Sherry&Co will reimburse your payment within 12 days of the date Sherry&Co receives your order.
We have taken reasonable precautions to try to ensure that the prices quoted on the Website are correct and that all products have been fairly described. However, please note that Sherry&Co may not accept your order if there is an error in any advertisement or representation made by Sherry&Co, including, but not limited to, any pricing error on the Website. In such event, you will be informed as soon as possible after receipt of your order, and you will be given the option to cancel your order.
Neither party shall be in breach of a Contract or these Terms and Conditions of Purchase nor liable for delay in performing, or failure to perform, any of its obligations under this Contract or these Terms and Conditions of Purchase if such delay or failure result from events, circumstances or causes beyond its reasonable control (“Force Majeure”).
If Sherry&Co has already fulfilled its obligations under any Contract in part when the Force Majeure occurs, Sherry&Co will be entitled to charge you for that fulfilled part.
In the event that a Force Majeure operates for a period of 30 days or more, if you have paid for a product yet to be dispatched to you, Sherry&Co shall return to you the amount paid.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
You must not and you must not permit any other person to:
· violate or attempt to violate any aspect of the security of the Website
· modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include
· accessing data unlawfully or without consent;
· attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
· attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
· forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
If any of these terms of use are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms of use.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms of use or the use of this Website, any information that you provide via this Website or any damage that you may cause to this Website.
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© Sherry&Co, 2024. All prices are in NZD and includes GST.
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