- These Terms and Conditions of Purchase are applicable to any purchases made online at www.theoptomshop.co.za (the “website”).
- Any mention of The Optom Shop below shall extend to include the associated parties fulfilling the order unless otherwise stated
- By placing orders through this website, you are offering to contract with The Optom Shop for the supply of contact lenses, accessories, and related products (also described in these terms and conditions as “goods” or “products”). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
- These Terms and Conditions of Purchase, in combination with the order form, constitute the entire agreement between us.
- Our acceptance of your order (offer) constitutes a legally binding contract between us on the terms and conditions contained herein
- The Optom Shop is a register Optometrist with the Health Professionals Council of South Africa. Practice number 0922765.
The ordering process (applicable to once off purchases)
- The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.
- You will be making an offer to buy, which is subject to these terms and conditions, when you complete the on-line order form. If your offer is accepted by us this will result in a binding contract between you and us (“the Agreement”). An offer, order form or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier.
- Upon receiving an order, we will send you an email acknowledging that we have received your order and confirming the details of your order along with a unique order reference number.
- Your offer to purchase a product is accepted by The Optom Shop when you have received an e-mail confirmation that the goods have been dispatched.
- The Optom Shop may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by The Optom Shop or is associated with it, including, but not limited to, any pricing error on the website. In such an event, we will inform you as soon as possible after receiving your order and give you the option to cancel your order. In addition, The Optom Shop at its sole discretion, reserves the right to reject any offer to purchase without notice or justification. In the event of any such rejection compensation will be limited to a full refund of monies paid.
Limitations of Supply
The Optom Shop shall make every effort to ensure that all orders are fulfilled; however we cannot guarantee the availability of products. If the products that you have ordered are unavailable, The Optom Shop will contact you and offer you a suitable alternative or refund. If The Optom Shop receives no response from you, The Optom Shop may, in its sole and absolute discretion, provide replacement products of an equivalent quality and/or specification, or cancel the order and provide a refund.
- All payments must be in the legal currency of the Republic of South Africa.
- We are able to claim certain optical items from your medical aid, should your medical aid cover those items on your individual plan.
- Payment will be made at the time the order is placed prior to confirmation of order.
- All prices are inclusive of Value Added Tax (if applicable).
- The price of any product will be as quoted except in cases of obvious error.
- Prices may vary from time to time, but these variations shall have no impact on the prices contained in the order confirmation.
- The Optom Shop accepts credit or debit card payments. Credit/debit card details will be encrypted to minimise the risk of unauthorised access or disclosure.
- Price match promise will be based on equivalent quantities purchased and cannot be offered when medical aid is selected as a payment option
Eye Wear Online Orders
By placing an online eye wear order, you are confirming that:
- You are a natural person over the age of 18 years.
- You are not ordering Goods for persons under the age of 18 years of age except where you are the parent or legal guardian of that person
- You have a valid current optical prescription issued by a registered optician, optometrist, or ophthalmic medical practitioner for the contact lenses which you are ordering. Not older than 12 months.
- The data you provide to The Optom Shop concerning the condition of your eyesight corresponds to the data found on your current prescription.
- You consent to us contacting your optician, optometrist or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optometrist or ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.
- The Optom Shop reserves the right to request any details reasonably required to confirm that you are eligible to order the products you wish to acquire
- Only Customers with a legitimate and verified prescription not older than 12 months qualify to order contact lenses and prescription lenses (“the Product”) online.
- Customers are advised to have sufficient funds in their nominated bank account to honour their monthly debit order. Failure to honour your payments will result in breach of contract and non-supply of the Product. If payment is dishonoured Customers shall be notified immediately thereof via SMS or email.
- The Customer indemnifies The Optom Shop and holds it harmless against any claims or actions it may have against it due to the late delivery of its Product as a result of the supplier having insufficient stock, the manufacturer’s inability to cater for the demand pertaining to a specific Product or the delivery company been delayed for the same reasons. Customers will be notified if certain products are on back order.
- The Customer acknowledges its responsibility to adhere to the instruction of use of the Product as advised by its Optometrist and/or the instruction manual. It is the responsibility of the Customer to ensure it exercises due caution when handling the Product and undertakes to adhere to the correct and timely disposal instructions.
- Customers shall receive a complimentary annual eye examination corneal check coupon for the purposes of ensuring that the customer’s prescription remains valid for the entire contract period. The Customer is advised to redeem the complimentary coupon, at the same store who issued it, prior to the expiry of its prescription. A prescriptions issued to a contact lens wearer is only valid for 12 months as per the rules stipulated by the HPCSA.
- Customers acknowledge and accept that any malfunction or interruption experienced while ordering the Product online can be caused by many factors and 3rd parties that The Optom Shop website’s proper performance is reliant on.
- Product warranties and guarantees are issued by the Manufacturer of the Product and the Customer is aware thereof and accepts same.
Passing of Ownership
- Title in the products shall pass when the products are delivered to the delivery address set out in your order, provided that The Optom Shop has received the agreed payment portion for the products.
- The Optom Shop will accordingly remain the owner of any products delivered to you until the moment at which the purchase price has been paid, and no right of cancellation remains available to you.
- Any liability of The Optom Shop(whether in contract, delict or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to direct foreseen damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- Liability for indirect damages or consequential loss, however it arises, is excluded to the extent permitted by law.
- In no circumstances will we be liable to you for any loss of profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however it may have arisen.
- Without prejudice to the provisions set out above, The Optom Shop will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you, or your improper use of the products delivered to you.
- Neither The Optom Shop nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing due to a circumstance outside of our respective control including, but not limited to, postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. (“Force Majeure”). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond The Optom Shop control, but as a consequence of which The Optom Shop is unable to fulfil its obligations.
- While a Force Majeure continues to operate, The Optom Shop and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by The Optom Shop as terminated without further obligation to the other.
- If The Optom Shop has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, The Optom Shop will be entitled to charge you for that fulfilled part.
- Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, The Optom Shop shall return to you the amount paid.
- All contact lenses are warranted from the date of purchase until date of expiry against manufacturers’ defects. Manufacturers’ defects include structural design, but specifically excludes, amongst others, intentional misuse.
- All frames, sunglasses and prescription lenses are warranted from the date of purchase until date of expiry against manufacturers’ defects. Manufacturers’ defects include structural design, but specifically excludes, amongst others, intentional misuse.
- The Manufacturer’s warranty applicable between Manufacturer and supplier/distributor is also applicable between supplier/distributor and Customer in respect of the Product.
Changes to the Terms and Conditions of Purchase
- The Optom Shop reserves the right to amend these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
- If at any time any term or provision of these Terms and Conditions of Purchase or the application thereof to any person or circumstance shall to any extent be or become illegal, invalid or unenforceable, the remainder of these Terms and Conditions of Purchase, or the application of such term of provision to persons or circumstances other than those as to which it is already illegal, invalid or unenforceable, shall not be affected or impaired thereby.
- This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.
- To the extent permissible by law no party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
- These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of South Africa.
- The parties agree that any legal action or proceedings arising out of or in connection with these Terms and Conditions of Purchase may be brought in the High Court of South Africa (or any successor to that court) and irrevocably submits to the non-exclusive jurisdiction of such court.
Customer details separate from card detail
Customer details will be stored by the Provider separately from bank details.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Condition
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Right
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General User
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.