Terms and conditions of use of TheContactLensShop

Services to you are subject to the following conditions.
If you visit or shop at thecontactlensshop.co.za, you accept these conditions. Please read them carefully. In addition, when you use any current or future “TheContactLensShop” service or visit or purchase us, you also will be subject to the guidelines and conditions applicable to such service or business.

This website, “www.thecontactlensshop.co.za” has been designed to provide you with a convenient, private and informative shopping experience to buy your contact lenses and related products 24 hours a day, 7 days a week at an affordable price.

This site may only be used to make legal purchases of your contact lenses and related products. We reserve the right to suspend or deny access to our site if it is felt that activity is suspicious or fraudulent.

You confirm and certify that you have a valid prescription for the contact lenses that you are ordering and the information you enter into the site is valid and true and matches exactly your prescription as provided by your Optometrist or Opthalmologist. You further certify that your prescription is recent and you hereby give us permission, if necessary, to verify your prescription with your eye care provider.

The terms and conditions may be changed or modified at any time, it is understood that you agree to be bound by these changes. It is recommended to read the terms and conditions every so often to be aware of any such changes.

By using this site it is accepted that you have read, understood and agreed to the terms and conditions herein, and if you no longer agree to be bound by the terms and conditions of use, you must cease the use of this site.

 

Product Descriptions
TheContactLensShop attempts to be as accurate as possible. However, TheContactLensShop does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TheContactLensShop itself is not as described, your sole remedy is to return it in unused condition.

Eligibility to Use
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are incompetent to contract within the meaning of the South African Law including un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material, which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited. TheContactLensShop reserves the right to terminate your membership and refuse to provide you with access to the website if TheContactLensShop discovers that you are under the age of 18 years. The website is not available to persons whose account has been suspended or terminated by TheContactLensShop for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. The materials on this website are directed solely at those who access this web from South Africa.

Site Access
TheContactLensShop grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it.

This permission does not include:

1. Any resale or commercial use of this site or its contents; 2. Any collection and use of any product listings, descriptions, or prices; 3. Any derivative use of this site or its contents; 4. Any downloading or copying of account information for the benefit of another merchant; 5. Any harvesting or collection information about others, including e-mail addresses, without their consent; 6. Any collection or otherwise use any data located on the website for litigation or legislative purposes; 7. Deletion or revision any material or other information of ours or any other user; 8. Allowing other person or entity to use your Customer Number or other identifying information; 9. Use of false or inaccurate information for purposes of establishing an account with us; 10. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or

Copyright
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TheContactLensShop. You may not use any proprietary information (including images, text, page layout, or form) of TheContactLensShop and our affiliates without express written consent.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TheContactLensShop or its content suppliers. The compilation of all content on this site is the exclusive property of TheContactLensShop All software used on this site is the property of TheContactLensShop or its software suppliers.

You may not use any meta tags or any other “hidden text” utilizing TheContactLensShop name or trademarks without the express written consent of TheContactLensShop Any unauthorized use terminates the permission granted by TheContactLensShop You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TheContactLensShop so long as the link does not portray TheContactLensShop, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TheContactLensShop logo or other proprietary graphic or trademark as part of the link without express written permission.

Disclaimer of Warranty
The content of the site provided by TheContactLensShop is to offer a service to its customers.

This site does not contain information about eye diseases or medical information that may be relevant to your eye care needs. The information provided in this site is only meant to facilitate you with the purchasing of your contact lenses and related products and by no means is a substitute for information provided by your eye care provider. Specific medical questions must be taken up with your eye care provider. Never disregard or delay seeking professional advice from your eye care provider. We recommend having your eyes tested every 12 months to ensure your eyes are healthy and your prescription is correct. If you have blurred vision, irritated eyes, discharge or are just unsure or concerned about any eye condition remove your contact lenses immediately and contact your eye care provider.

We do not endorse or assume responsibility for any product. We do our best to ensure that the contents of this site are correct. Information, services, and products contained in this site are provided “as is” without warranty of any kind. We make no warranties to the completeness, accuracy or reliability of information published on this site.

You acknowledge and agree by your use of this site that it is your full responsibility for all risk. You agree to indemnify TheContactLensShop and under no circumstances shall we or any other party be liable for direct or indirect loss whatsoever.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEB SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF 1.ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE; OR, 2.THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES.

NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.

Indemnity
As a condition of use of this Web Site, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Web Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your Customer Number or account or any other breach of security. TheContactLensShop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

TheContactLensShop does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to TheContactLensShop will be deemed non-confidential. By submitting any such information, you are granting TheContactLensShop an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

You also agree and confirm: 1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by TheContactLensShop for redelivery shall be claimed from you and you shall pay such cost. 2. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. 3. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.

We will seek authorization on your Card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Payment Processor, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. TheContactLensShop reserves the right to capture / charge your card to the full or partial authorized amount for the concerned order.

Cancellation by TheContactLensShop
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified our payment processor’s credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit / debit card has been charged, the said amount will be reversed back in your Card Account.

Returns/Refund Policy
We DONOT offer refunds NOR do we accept returns under any circumstances.

Pricing
Except where noted otherwise, the Your Price displayed for products on our website, represents the full price of the product, applicable taxes and shipping charges, unless specified otherwise in the Shipping Fees.

Marketing / Privacy Policy
You agree to receive newsletters and also promotional material from ourselves and specific partners of our choice. When referring a friend it is understood that you have obtained their permission and we can also send them newsletters, promotional material from ourselves and specific partners of our choice. The data captured by this website is the property of TheContactLensShop and can be used for analytics and for other companies within our umbrella.

Transaction Currency

All transactions are in South African Rands.

Export Restrictions
Free Shipping is only within the borders of South Africa. We can deliver to any other country. We will quote you the delivery charge after your order is placed and paid. Once the delivery charge is paid, we will send the products out.

Payments will have to be made to our bank account by Direct Funds Transfer. Banking details will be made available to you at the payment page on the website and via email.

Delivery/Shipping Policy
Delivery is to a PHYSICAL ADDRESS as requested by yourself.

Delivery is FREE if the value of the order is R 1000.00 or more.

Please ensure that someone is available at the physical address during office hours. (A place of work is the preferred location).

We do our best to get your contact lenses to you as quickly as possible; however due to unforeseen circumstances and stock availability from suppliers this may delay a delivery.

Customer Privacy Policy
TheContactLensShop shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted
Payment may be made via Visa and MasterCard.

Card acquiring and security
Card transactions will be acquired for TheContactLensShop via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details
Customer details will be stored by TheContactLensShop separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

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).

Responsibility
TheContactLensShop 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.

Country of domicile
This website is governed by the laws of South Africa and TheContactLensShop chooses as its domicilium citandi et executandi for all purposes under
this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.