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These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.jvoptom.co.za , ("the Website"), any representations the Jan Vorster Optometrists retail outlet of your choice ("Jan Vorster Optometrists") makes to you and to any agreements concluded between you and Jan Vorster Optometrists.
The services provided under the Website are supplied by Jan Vorster Optometrists and its subsidiaries, its ultimate holding company and its subsidiaries ("Group").
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 Jan Vorster Optometrists, this will result in a binding contract between you and us (“Contract”).
When you have submitted the order form you will receive a notification from us acknowledging that we have received your order and confirming the details of your order (including the full details of the store with which you are contracting) and your order number. Your offer to purchase a product is accepted by Jan Vorster Optometrists when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
Payment will be processed after receipt of your order but prior to dispatch.
Jan Vorster Optometrists may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Jan Vorster Optometrists associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.
If any goods ordered are not available, Jan Vorster Optometrists may offer you substitute products of equivalent quality and price. If Jan Vorster Optometrists are unable to offer substitutes or you do not agree to accept such substitutes Jan Vorster Optometrists reimburse your payment within 10 days of the date Jan Vorster Optometrists receives your order (Refunds Policy). The Contract will only relate to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
Orders can only be accepted from residents in the Vaal Triangle for delivery in the Vaal Triangle.
When you first register on the Website as a customer you will be required to complete an online registration form.
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
Payment will be processed after receipt of your order but prior to dispatch.
The prices stated on the Website are inclusive of VAT (where payable). No delivery fee will be charged within the Vaal Triangle. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
We process payment by internet payment once you place an order with us. However, if you order contact lenses on their own without prescription glasses, payment will only be processed once your prescription is verified. Your credit/debit card details will be encrypted to minimize the risk of unauthorized access or disclosure.
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your Optometrist or Jan Vorster Optometrists.
By placing an order you are confirming that:
(referred to throughout as prescription glasses)
By placing an order you are confirming that:
Please note – delivery can only be to valid addresses in the Vaal Triangle.
The status of your order can be given to you by the Jan Vorster Optometrist group.
Delivery of products will be as follows:
Contact lenses will be to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
Non-prescription glasses, accessories, batteries and other products will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
We aim to dispatch all products within 14 days of the date of your order, subject to validation of your prescription. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Jan Vorster Optometrists’ control, the overall delivery period should not exceed 30 days.
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
Jan Vorster Optometrists shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery
(see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
Jan Vorster Optometrists warrants that the products to be delivered comply with the agreement between Jan Vorster Optometrists and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) ("Warranty"). However, Jan Vorster Optometrists may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you except where this caused by the negligence of Jan Vorster Optometrists, its directors, employees, affiliates or other representatives.
If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to Jan Vorster Optometrists. Please refer to the Returns Policy.
The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without Jan Vorster Optometrists' written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
To cancel the Contract please contact Jan Vorster Optometrists (either by phone or email) to request cancellation. Cancellation can only be done before the goods are ordered from Jan Vorster Optometrists. No item can be taken back by the Jan Vorster Optometrist group once it has been dispatched to the consumer.
Jan Vorster Optometrist remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains.
Subject to Clause 12.5 and Clause 13, any liability of Jan Vorster Optometrists (whether in contract, tort or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Clause 13, or in verifying your prescription. Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
Without prejudice to the provisions set out above, Jan Vorster Optometrist 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.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
Jan Vorster Optometrists does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Jan Vorster Optometrists, its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
Neither Jan Vorster Optometrists nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside 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 Jan Vorster Optometrists' control, but as a consequence of which Jan Vorster Optometrist is unable to fulfill its obligations.
While a Force Majeure continues to operate, Jan Vorster Optometrists and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Jan Vorster Optometrists as terminated without further obligation to the other.
If Jan Vorster Optometrists has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Jan Vorster Optometrists 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, Jan Vorster Optometrists shall return to you the amount paid.
14.1 Refund / replacement
Jan Vorster Optometrists will issue a full refund or replacement of goods in all instances where:
14.2 Undeliverable items
If goods are returned to Jan Vorster Optometrists as undeliverable, you will be contacted by email for confirmation of the delivery address.
If no reply is received within a reasonable period and in any event within 30 days of the receipt by Jan Vorster Optometrists of the goods, then a refund will be made within 14 days of that date.
14.3 Postal charges
Jan Vorster Optometrists will pay the postal charge for goods returned under this Returns Policy.
14.4 Jan Vorster Optometrists may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.2.
Refunds will be limited to the maximum value of the original order and will only be issued against the same payment details as supplied to pay for the goods. Jan Vorster Optometrists reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.
14.6 Defective goods
Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to Jan Vorster Optometrists as soon as possible after discovery of the problem.
15. You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of Jan Vorster Optometrists. See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.
16. The Group reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our 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 you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18.1 If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Jan Vorster Optometrists at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified e-mail address of the addressee.
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
Jan Vorster Optometrists intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact us.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
If you have any comments or concerns about material which appears on our Website, please contact:
Jan Vorster Optometrists
T: 016 362 4564/5
© Copyright Jan Vorster Optometrists. All rights reserved. See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.