THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Definitions in these Conditions:
1.1 “EyeWearDirect” is us. For more information, check out the “About us” link on the home page.
1.2 “Goods” means those products made available by us that you wish to purchase, as indicated in your Order.
1.3 “Order” means orders placed in accordance with the provisions of Section 3.1.
1.4 “Site” means the website owned and operated by EyeWearDirect with URL address http//www.eyeweardirect.co.za
2.1 By submitting your Order you warrant, represent and undertake:
2.1.1 that you are aged 18 or over and are not registered blind or registered partially sighted and are not ordering on behalf of another person;
2.1.2 that you are in possession of a written prescription for your spectacles, and that such prescription has been given to you by a registered medical practitioner or registered optometrist following the testing of sight by him or her within the last twenty-four months.
2.1.3 to supply, full, accurate and complete details of your current prescription (including any notes on the prescription) or a copy of your original prescription when requested and any contact details as given to you by your optometrist
2.1.4 that you know of no reason why the Goods may not be suitable for your requirements;
2.1.5 if you have worn spectacles before and have experienced any problems with the spectacles, to provide us with accurate and complete details of such problems;
2.1.6 to provide any details reasonably requested by EyeWearDirect;
2.1.7 that you are acting in your capacity as an individual consumer and the goods or any part of the goods shall not be used for anything other than your own personal use; and
2.1.8 that you are the authorized holder of any credit/debit card you may use on the Site.
Orders for Goods
3.1 Orders must be placed via the ordering system on the Site;
3.2 Your submission of the Order represents an offer to purchase the Goods from EyeWearDirect. EyeWearDirect may confirm receipt of this offer via email OR through SMS (Short message service). Any confirmation of receipt of the Order will not constitute an acceptance by EyeWearDirect of your Order
Limitations of Supply
4.1 EyeWearDirect will make every effort to ensure that all Orders are fulfilled; however we cannot guarantee the availability of Goods. If the Goods you have ordered are unavailable, EyeWearDirect will contact you to give you a choice to receive a replacement or a refund.
4.2 EyeWearDirect tries to ensure that the Goods supplied match the descriptions provided on the Site. Whilst EyeWearDirect tries to ensure that there are no changes to the Goods to be supplied, it is possible that there might be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods.
4.3 EyeWearDirect shall, on the advice of its supervising optometrists, have absolute discretion as to whether or not to accept an Order.
4.4 If considered necessary or appropriate before an Order is accepted, EyeWearDirect’s optometrists have absolute discretion:
4.4.1 to contact you to discuss your Order or provide advice; or
4.4.2 to contact the registered optometrist who provided your prescription to verify and/or discuss your prescription.
4.5 If considered necessary or appropriate by one of EyeWearDirect’s supervising optometrists, EyeWearDirect may as a condition of acceptance of your Order:
4.5.1 request that you send EyeWearDirect the original written prescription (or a copy thereof);
4.5.2 request that you contact the registered optometrist who provided your prescription to verify and/or discuss your prescription;
4.5.3 request that you obtain your pupillary distance measurement from your optometrist and/or
4.5.4 request that you obtain a new written prescription (if, by way of example only, the prescription provided with your Order contains a retest date that has elapsed).
4.6 Contact lenses
4.7 EyeWearDirect has absolute right to refuse acceptance of any Order. Without limitation, an Order will be refused if:
4.7.1 the Order is for single vision or bifocal spectacle lenses where such lenses have a spherical value of less than -8.00 dioptres and +6.00 dioptres, a cylindrical value of less than -2.oo dioptres; or
4.7.2 the order is for a prescription with prism
4.8 EyeWearDirect will use an appropriate, average pupillary distance set by its supervising opticians, unless:
4.8.1 you send your pupillary distance measurement to us; and/or
4.8.2 one of EyeWearDirect supervising optometrists considers at his/her absolute discretion that it is necessary for you to obtain a pupillary distance measurement.
Prices and Payment
5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated at the time your Order is placed in accordance with these Terms and Conditions.
5.2 Prices stated are in ZAR (South Africa Rand) and include VAT.
5.3 EyeWearDirect uses reasonable endeavours to ensure the accuracy of the prices and price related information stated on the Site, but cannot guarantee that you will not encounter a mispriced item on the Site. If an item is incorrectly priced or if the price has changed since the last catalogue was issued, EyeWearDirect will contact you and give you the choice to accept the correct price or to cancel the Order.
5.4 The postage, packaging and delivery charges are all included in overall price of the Goods
Delivery and Carriage
6.1 Goods will be delivered to the stated address in the Order, door to door or counter to counter.
6.2 If the stated address in the Order is outside of the Gauteng province, the Goods will be sent to the nearest post office servicing the address stated in the Order. EyeWearDirect will notify the recipient of the Order that the Goods are awaiting collection at the aforementioned Post office.
6.3 If your Order is accepted by EyeWearDirect, delivery will take place no later than twenty-eight (28) days following receipt of your Order.
6.4 If your Order is accepted by EyeWearDirect and the Goods have not been delivered to the delivery address stated in your Order within twenty eight (28) days, you must notify EyeWearDirect. EyeWearDirect will check the delivery details with you and the delivery contractor. If the Goods have not been delivered to the delivery address stated in your Order, EyeWearDirect will make alternative arrangements to re-deliver within 10 working days.
7.1 Upon delivery of the Goods you must inspect them carefully. If any of the Goods do not match the description or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact us by email and inform us of the problem.
7.2 The Goods will contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription you set out in your Order, do not use the Goods or any items accompanying the Goods and please contact us by email and inform us of the problem.
7.3 You must notify EyeWearDirect immediately if there are any defects in the Goods which are apparent through inspection or use of the Goods or if you experience any difficulty in using the Goods.
7.4 If the Goods are defective on delivery, EyeWearDirect shall at its absolute discretion repair or replace such Goods or give a refund.
7.5 If the Goods are defective in accordance with any of Clauses 7.1 to 7.3, you agree to return the defective Goods to EyeWearDirect in substantially the same condition as when received by you, including all items and packaging accompanying the Goods.
7.6 You will be liable for the costs of replacement Goods (including posting, packing and delivery).
Money Back Guarantee
8.1 You may upon notice in writing to us (in accordance with the provisions of Clause 12), cancel your Order, without reason, should you not be entirely satisfied with the Goods.
8.2 In the event of cancellation you shall promptly return the Goods, and any items and packaging accompanying the Goods and EyeWearDirect shall, subject to such Goods and items being returned in substantially the same condition as when received by you, reimburse you within thirty (30) days of the day on which notice of cancellation is given or the returned Goods and items are received by EyeWearDirect, whichever is the earlier. Such a refund will include the total price paid for the Goods but shall not include any costs of returning the Goods to EyeWearDirect such as postage and packing. Monies will be refunded by the same method of payment as originally paid to EyeWearDirect.
8.3 No monies will be refunded if:
8.3.1 the Goods are not received by EyeWearDirect in “as new” condition; or
8.3.2 you are in breach of your obligations under these Terms and Conditions of Supply, if, by way of example only, you provide a false certification.
8.4 If you discover a manufacturing defect within six months of delivery, you must notify EyeWearDirect immediately.
8.4.1. If you return the defective Goods stating the manufacturing defect to EyeWearDirect, EyeWearDirect shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods or give a refund.
8.4.2. EyeWearDirect shall not repair or replace any Goods or give a refund if
(a) it has not received the defective Goods back from you or
(b) if the defect is caused by misuse or mistreatment of the Goods.
8.4.3. EyeWearDirect shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse you the reasonable cost of returning the defective Goods.
Transfer of Risk and Title in Goods
9.1 Subject to Clause 8, title in the Goods as well as risk in the Goods shall pass to you when the Goods are delivered to the delivery address set out in your Order provided that EyeWearDirect has received payment in full for the Goods.
9.2 In the event of cancellation, risk in the Goods remains with you until the Goods are received by EyeWearDirect.
10.1 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury resulting from that party’s negligence or for fraud or for any other liability that cannot by law be excluded or limited.
10.2 Subject to Clauses 10.1, the total liability of EyeWearDirect to you in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by EyeWearDirect for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, EyeWearDirect shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
10.4 Subject to Clause 10.1, EyeWearDirect shall not be liable to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if EyeWearDirect has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 EyeWearDirect shall not be liable to you where the loss or damage results from information provided by you that is inaccurate, false or misleading or that otherwise results from a breach by you of these Terms and Conditions.
10.6 Subject to Clause 10.1, EyeWearDirect accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
EyeWearDirect shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
Any notice or other communication to be given under these Terms and Conditions must be in writing; in the case of notices to EyeWearDirect, by pre-paid post to P.O Box 1924, Mulbarton, Jhb, 2059 or by fax to 086 529 4430, and in the case of notices to you, by pre-paid post, fax or email to the address or other contact address set out in your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by fax or email, at the time of transmission, provided no transmission failure notice is received.