Terms and Conditions
- our mailing list terms and conditions,
- our gift certificate terms and conditions, and
- our "try on at home" terms and conditions.
These terms and conditions ("Terms") apply to the entire website under the top level domain name sneakingduck.com ("Website") and to any contracts entered into with Sneaking Duck Pty. Ltd. ("Sneaking Duck").
Please read these Terms carefully. You agree to be bound by the Terms by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms you must leave this Website immediately.
These Terms may be updated periodically by Sneaking Duck. Revisions will be posted to this page. You agree to be bound by any revisions.
Placing Your Order
You may place an order with Sneaking Duck by completing the order form on the Website and entering and confirming your payment information.
When you place your order, we will issue you with an order number by email.
By placing an order, you make an offer to us to purchase frames and lenses, or other product you have selected, based on these Terms.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any frames with prescription lenses or other products, however Sneaking Duck will make every effort to supply the frames with lenses you have selected, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
- verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
- confirming with our suppliers that they are able to supply the frames with lenses that you have selected.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Sneaking Duck and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Communication by us
As a condition of creating an account with Sneaking Duck, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- 'Administrative Emails' involve details of account activity and purchases you have made.
- 'Promotional Emails' consist of product information, new offers and information about Sneaking Duck. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button on our emails.
You agree not to post or transmit to the Website any material which:
- is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or
- is not properly licenced for use on this Website,
- violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
- constitutes or encourages an illegal act -- including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world,
- infringes on the rights of a third party in any country in the world, or
- has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Sneaking Duck website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Sneaking Duck owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. Sneaking Duck is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
You warrant that:
- Your prescription is used in accordance with the guidance of your optometrist and has been correctly supplied to Sneaking Duck.
- Your pupil distance is correct and has been correctly supplied to Sneaking Duck.
- Your prescription has not expired.
Sneaking Duck is not responsible for any issues arising from you not complying with the above. By placing an order with Sneaking Duck you agree to this and waive any rights.
Secure Access to Sneaking Duck
Sneaking Duck may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms. Sneaking Duck has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Sneaking Duck of any unauthorised use of your password or identification or any other breach or threatened breach of this Website's security.
If you decide to purchase a pair of frames or other product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a "chargeback" through your credit card provider we reserve the right to no longer conduct business with you.
Returns & Refunds
Our returns policy can be found here. This policy forms part of this agreement and we agree to provide refunds in accordance with this document.
Credit Card Fraud
Sneaking Duck, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Sneaking Duck will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.
Supply Of Products
Subject to these Terms, we will supply to you the Products indicated on your order confirmation. When selecting your frames or lenses the images displayed are a representation only, the actual frames or lenses may differ to the represented images. Your ability to return frames or lenses is subject to the Sneaking Duck returns policy. Your consumer guarantees, as provided under Australian Consumer law, are in no way changed or limited.
Delivery Of Your Products
The delivery of your frames takes up to 10 working days from the date your payment is received, with the exception of prescription sunglasses, which may take up to 15 working days due to the extra work involved in creating these lenses.
Sneaking Duck makes every effort to deliver your frames or other product purchased from the Website according to the estimated delivery times provided at check out. The estimated delivery times are in business days (Monday through Friday) excluding Public Holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your frames or other product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your frames or other product.
Unless otherwise agreed by us, we will deliver your frames or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made frames or other product from your local Post Office.
We will use our reasonable efforts to deliver your frames or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all products will pass to you on delivery.
Customs and Duties
Any customs or duties are the responsibility of the customer. Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs.
Reviews, Comments and Glasses
Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website and/or provide Sneaking Duck, including without limitation, glasses frame designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Sneaking Duck shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Sneaking Duck. You also grant Sneaking Duck the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Sneaking Duck will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Sneaking Duck or third parties as to the origin of any Submissions or Content. Sneaking Duck may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
Sneaking Duck has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Sneaking Duck. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
Under the Australian Consumer Law ("ACL"), where implied conditions and warranties cannot be excluded, any liability in Sneaking Duck for breach of such conditions and warranties (other than a condition or warranty implied by section 53 of the ACL) shall be limited, at the option Sneaking Duck, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.
Sneaking Duck reserves the right to change the Terms at any time.
No Sneaking Duck employee or agent has the authority to vary any of the Terms.
Sneaking Duck shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Sneaking Duck, and Sneaking Duck will be entitled to a reasonable extension of time for the performance of such obligations.
Disclaimer and Liability
Whilst every effort has been made to ensure the information contained within this Website is correct, Sneaking Duck makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Sneaking Duck, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Governing law and severability
This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At Sneaking Duck, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This page describes how we collect, use and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.
How we collect personal information
We strive to collect only personal information necessary to conduct business as a premier retailer of prescription eyewear.
The type of personal information we collect includes:
- your full name and contact details (such as phone and email),
- the name, address and contact details of the person who will take delivery of the product,
- your billing information,
- your prescription,
- details of your optometrist,
- details of your health insurer,
- your gender,
- the IP address you use to access our services, the pages you visit, times of access, user agents,
- your favourite frames,
- any images you disclose to us when you complete an online form on our website or send us via email,
- any personal information you disclose to us when you complete an online form on our website, or send us via email.
We may also store credit card information such that we can charge you in future with your consent. Credit card details are stored in a PCI compliant manner. It is not possible for you, or for Sneaking Duck employees, to view the full credit card details we have stored. When we store your credit card details we may process an authorisation to ensure that your credit card is valid. We then store a de-personalised unique token that only with your consent provides us with the ability to charge the same card at a later date, but does not provide access to your credit card information.
Using your personal information
Any personal information which is collected will be used and disclosed only to provide you with the products and services you've requested, or otherwise to carry out our business. This includes contacting your optometrist to check details of your prescription, if necessary.
We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure.
If you have elected to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.
We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.
Third Party Advertising:
Third party vendors, including Google, show our ads on sites on the internet.
Accessing and Editing your personal information
Most of your personal information is accessible and editable by logging in to your Sneaking Duck account. You may log in and edit this information at any time.
Upon request we are happy to provide a copy of all the personal information held on your behalf by contacting us. We are also happy to make any amendments including deletion of any information at your request.
Any such request as outlined above will be subject to personal identification requirements.
Securing and Storing Your Personal Information
We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorised use or alteration.
Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
If you would like more information about the way we manage your personal information please contact us.
More Information & Making a Complaint
Should you wish to discuss, comment or complain about the personal information we hold on your behalf, the method in which we store and access your information, or you believe that your information has been accessed or compromised without your consent, we encourage you to contact us.
All communications relating to personal information will be treated with strict confidence. Any matters of complaint will be handled directly by a director of the company, with a view to the quickest possible resolution.
If you would like more information about the way we manage your personal information please contact us.
Further information about the Privacy Act 1988 and the National Privacy Principles is available on the Federal Privacy Commissioner's website at: (www.privacy.gov.au).
Gift Certificate Terms and Conditions
Sneaking Duck Gift Certificates may be used as a method of payment for purchase on www.sneakingduck.com. There is no fee for usage of a Gift Certificate.
Each Gift Certificate has a unique Reference Number which must be entered in the shopping cart to make a payment.
If you make a purchase in excess of the outstanding value of your Gift Certificate, you will need to pay the remaining amount using another form of payment accepted by Sneaking Duck.
If you make a purchase that is less than the outstanding value of your Gift Certificate, the Gift Certificate will store any remaining value until expiry, and you can make another purchase using the same Reference Number.
Gift Certificates cannot be used to purchase Gift Certificates.
Price discounts from Discount Coupons and discounted Gift Certificates are not applicable to Gift Certificates purchases.
All Gift Certificates have an Expiry Date. The entire value must be used before the Expiry Date. After the Expiry Date, the Gift Certificate has zero value.
If you lose your Gift Certificate, please contact us as soon as possible at email@example.com including your name, from where you obtained your Gift Certificate, the value outstanding and the Gift Certificate Reference Number if possible. Once ownership and outstanding value has been confirmed, Sneaking Duck will cancel the old Gift Certificate and issue a new Gift Certificate.
It is your responsibility to keep the Gift Certificate Reference Number safe. If you fail to do so, any unauthorised usage may not be refunded.
If you discover that there has been unauthorised usage of your Gift Certificate, please contact us at firstname.lastname@example.org as soon as possible with as much information as possible. We will investigate and take appropriate action. This action may include re-issuing a new Gift Certificate.
Should there be any dispute we will seek to resolve it amicably and fairly with you. Should this not be possible, we will seek independent arbitration.
Sneaking Duck may change these terms and conditions from time to time. The current terms and conditions can always be found here, on www.sneakingduck.com.
Try on At Home Terms and Conditions
Sneaking Duck may cease to offer this service at any time without prior warning. By ordering try at home frames you agree to these terms and conditions.
Filling in the online form does not guarantee participation in the programme. Sneaking Duck may not fulfill the try at home request for operational reasons. Should this happen, we will inform you.
You will need to provide your credit card details to receive try at home frames. We store these in a PCI compliant manner and Sneaking Duck staff do not have access to the information.
Sneaking Duck will pre-authorise your credit card before any frames are dispatched to you for an amount up to the full retail value of the frames. This authorisation will be cancelled if the frames are returned in their original state within the agreed timeframe.
Sneaking Duck may charge you for future products and services with your expressed consent using these stored credit card details.
By placing your order you consent to Sneaking Duck charging you for the retail value of the frames if they are not returned within the agreed timeframe, or if the frames are returned damaged. We reserve the right to refuse any further try at home requests for that person or that address.
Only one try at home case per household at any one time.
By ordering your try at home frames, you are agreeing to be available for a courier delivery at the agreed time. Should you not be available, Sneaking Duck may charge your credit card for any re-delivery fees incurred.