Terms of service

 

Welcome to QXY Mellon. These Terms of Use (“Terms”) govern your access to and use of our website, services, and products made available through https://qxymellonlens.store (the “Site”). The Site is operated by QXYmellon (“QXYmellon”, “we”, “us”, or “our”).

By visiting our Site, creating an account, placing an order, or otherwise using any part of our Site or services, you agree to these Terms. If you do not agree, please do not use the Site.

1. Scope of These Terms

These Terms apply to your use of:

  • our website and all related pages, content, and features;
  • any customer account you create with us;
  • any products purchased through the Site; and
  • any communications, tools, or services we provide through the Site.

Your use of the Site is also subject to our Privacy Policy, Return / Refund Policy, and any other policies we post on the Site, each of which forms part of these Terms.

2. Eligibility

You may use this Site only if you are legally capable of entering into a binding agreement under the laws that apply to you.

By using this Site or placing an order, you confirm that:

  • you are at least 18 years old, or the age of legal majority in your jurisdiction;
  • the information you provide to us is accurate and complete; and
  • you are using the Site for personal, lawful purposes.

We may refuse service, restrict access, or cancel transactions where we reasonably believe a user does not meet these requirements.

3. Permitted Use of the Site

We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Site for personal, non-commercial use, subject to these Terms.

You must not use the Site in any way that:

  • breaks any applicable law or regulation;
  • interferes with the Site’s normal operation or security;
  • attempts to gain unauthorized access to any system, account, or data;
  • copies, scrapes, harvests, mines, or extracts Site data by automated means;
  • distributes malware, spam, or harmful code;
  • impersonates another person or misrepresents your identity or affiliation;
  • infringes any intellectual property, privacy, or other rights;
  • uses our content, branding, or materials for commercial exploitation without permission; or
  • damages, disables, overburdens, or compromises the Site or our infrastructure.

We may investigate suspected misuse and take any action we consider appropriate, including suspending access, canceling orders, or reporting unlawful conduct.

4. Accounts and Account Security

Some features of the Site may require registration.

If you create an account, you are responsible for:

  • maintaining the confidentiality of your login details;
  • restricting access to your account and devices; and
  • all activity that occurs under your account unless caused by our own fault.

You must notify us promptly if you believe your account has been accessed without authorization.

We may suspend or close accounts that contain false information, are used in breach of these Terms, or pose security, fraud, or compliance risks.

5. Product Information and Availability

We aim to present products, descriptions, pricing, and availability as accurately as possible. However, errors can occur.

We do not guarantee that:

  • product descriptions, images, or specifications will always be complete, current, or error-free;
  • colors or appearance displayed on your device will exactly match the actual product; or
  • products will always be in stock.

We may update, discontinue, limit, or substitute products at any time without prior notice, to the extent permitted by law.

6. No Medical Advice

Our Site is not a substitute for professional medical or eye care advice.

Any information on the Site is provided for general informational purposes only and should not be treated as medical advice, diagnosis, or treatment guidance. You should always consult a licensed optometrist, ophthalmologist, or other qualified eye care professional before purchasing or using contact lenses or making decisions about your eye health.

Your use of the Site does not create a doctor-patient or healthcare-provider relationship with us.

7. Contact Lens and Prescription Acknowledgements

By ordering contact lenses from us, you confirm and agree that:

  • where required by the laws applicable to your location, you hold a valid and current prescription issued by a qualified eye care professional;
  • the prescription details you provide are accurate and belong to you, unless you are lawfully purchasing on behalf of another person;
  • you understand that contact lens prescriptions are not always the same as spectacle prescriptions;
  • you are responsible for ordering the correct lens type, power, and specifications;
  • you will use the products only in accordance with product instructions and the advice of your eye care professional; and
  • you will stop using the products and seek professional advice if you experience discomfort, irritation, redness, blurred vision, or any other adverse symptoms.

We may request additional prescription-related or identity-related information before accepting or processing an order. We may refuse or cancel an order where prescription information is missing, inconsistent, expired, or appears invalid, to the extent permitted by law.

8. Orders

When you place an order through the Site, you submit a request to purchase products from us. Your order is not accepted until we confirm acceptance.

We may decline, limit, or cancel any order for reasons including, for example:

  • product unavailability;
  • pricing or listing errors;
  • suspected fraud or unauthorized payment activity;
  • incomplete, inaccurate, or unverifiable customer information;
  • prescription or compliance concerns;
  • unusual bulk or commercial ordering behavior; or
  • shipping restrictions affecting the destination.

If payment has already been taken for an order that we later decline or cancel, we will issue a refund in accordance with applicable law and our posted policies.

9. Pricing

All prices shown on the Site are listed in the currency indicated at checkout unless stated otherwise.

Prices may change at any time before an order is accepted. If we discover a material pricing error after you place an order, we may:

  • contact you with the correct price and ask whether you wish to proceed; or
  • cancel the order and refund any payment already received.

Taxes, shipping charges, duties, and similar fees may be added at checkout or collected separately depending on the delivery location and applicable law.

10. Payment

We may offer payment through third-party payment processors or gateways. By submitting payment details, you represent that you are authorized to use the selected payment method.

Payment processing services are provided by third parties and may be subject to their own terms and privacy policies. We are not responsible for errors, interruptions, or security failures caused by third-party payment providers, except where liability cannot be excluded by law.

We may hold, review, or cancel orders pending fraud screening or verification checks.

11. Shipping and Delivery

We will make reasonable efforts to dispatch orders within the timeframe stated on the Site or in your order confirmation, but shipping dates are estimates only unless expressly stated otherwise.

Delivery may be affected by factors outside our control, including carrier delays, customs processing, weather events, or inaccurate delivery information.

You are responsible for providing a complete and accurate shipping address. We are not responsible for loss, delay, or failed delivery caused by incorrect address details supplied by you.

Risk in the products passes to you upon delivery, unless applicable law requires otherwise.

12. Returns, Refunds, and Cancellations

Returns, refunds, exchanges, and order cancellations are governed by our separate Return / Refund Policy and any cancellation rules published on the Site.

Because contact lenses are hygiene-sensitive products, opened or used products may be non-returnable except where required by law or where the item is defective, damaged, or incorrectly supplied.

13. Intellectual Property

All content on the Site, including text, graphics, logos, product names, images, videos, design elements, software, and compilations, is owned by us, our affiliates, or our licensors and is protected by intellectual property laws.

Except as expressly allowed under these Terms, you may not:

  • reproduce, republish, copy, distribute, modify, display, frame, mirror, or transmit any Site content;
  • create derivative works from Site content;
  • use our trademarks, trade dress, logos, or branding without prior written consent; or
  • use our content for commercial purposes.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

14. Reviews, Feedback, and User Content

If you submit reviews, comments, suggestions, testimonials, photos, or other content to us or through the Site (“User Content”), you confirm that:

  • you own the content or have the right to submit it;
  • the content is lawful, accurate, and not misleading;
  • the content does not infringe the rights of any third party; and
  • the content is not abusive, defamatory, obscene, threatening, discriminatory, or otherwise inappropriate.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, publish, display, adapt, and distribute that content in connection with our business, marketing, and Site operations, subject to applicable law and our Privacy Policy.

We may remove or decline to publish User Content at our discretion.

15. Third-Party Links and Services

The Site may contain links to third-party websites, apps, or services. Those resources are provided for convenience only.

We do not control and are not responsible for the content, availability, policies, security, or practices of third-party services. Your use of third-party services is at your own risk and subject to their own terms.

16. Disclaimer

To the fullest extent permitted by law, the Site and all content, services, and products made available through it are provided on an “as is” and “as available” basis.

We do not guarantee that the Site will be uninterrupted, secure, error-free, or free from viruses or other harmful components. We also do not guarantee that the Site content will always be complete, accurate, or current.

Nothing in these Terms excludes any consumer rights or statutory guarantees that cannot lawfully be excluded.

17. Limitation of Liability

To the fullest extent permitted by law, we and our directors, officers, employees, contractors, affiliates, and licensors will not be liable for any indirect, incidental, consequential, exemplary, punitive, or special loss or damage, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with:

  • your use of or inability to use the Site;
  • products purchased through the Site;
  • errors, delays, interruptions, or security incidents;
  • third-party services or payment providers; or
  • any reliance placed on Site content.

Where liability cannot be excluded but may be limited, our liability will be limited to the maximum extent permitted by law and, where applicable, to one or more of the following remedies at our option:

  • replacement of the goods;
  • repair of the goods;
  • resupply of the services; or
  • payment of the cost of replacement, repair, or resupply.

18. Indemnity

You agree to indemnify and hold harmless us, our affiliates, and our respective officers, employees, agents, and contractors from and against claims, losses, liabilities, damages, costs, and expenses arising out of or related to:

  • your breach of these Terms;
  • your misuse of the Site;
  • your violation of any law or third-party right; or
  • any content or information you submit through the Site.

This clause applies to the extent permitted by law.

19. Suspension and Termination

We may suspend, restrict, or terminate your access to the Site, or cancel orders, at any time where we reasonably believe that:

  • you have breached these Terms;
  • your conduct poses legal, security, reputational, or fraud risk;
  • we are required to do so for compliance or operational reasons; or
  • continued service is no longer commercially or technically practicable.

Termination does not affect rights or obligations that accrued before termination.

20. Changes to These Terms

We may update these Terms from time to time. The revised version will become effective when posted on the Site unless otherwise stated.

Your continued use of the Site after updated Terms are posted means you accept the revised Terms.

21. General Provisions

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be severed and the remaining provisions will remain in effect.

Our failure to enforce any right or provision does not waive that right or provision.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations as part of a business transfer, restructuring, or by operation of law.

These Terms, together with the policies referenced in them, form the entire agreement between you and us regarding your use of the Site.

22. Governing Law

These terms are governed by the laws of Hong Kong, without limiting your rights under the Australian Consumer Law.

You and we submit to the exclusive jurisdiction of the courts of HongKong, except where applicable consumer law provides otherwise.