Terms & Conditions

Terms & Conditions

Lens4SA Online Terms and Conditions of Purchase (“Terms and Conditions of Purchase”)

Welcome to the lens4sa website. By using this website for any purpose you agree to be bound by the Terms and Conditions of Purchase as set out below. Please read them carefully.

Lens4SA terms and conditions of purchase

  1. These Terms and Conditions of Purchase are applicable to any purchases made online at www.lens4sa.co.za (the “website”).
  2. By placing orders through this website you are offering to contract with Lens4SA 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.
  3. These Terms and Conditions of Purchase, in combination with the order form, constitute the entire agreement between us.

Conditions of sale:

  1. To purchase the Goods you warrant and undertake that –
    1.1 You are over the age of 18 years;
    1.2 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;
    1.3 Your prescription details supplied to Lens4SA are less than 1 years old and have been given to you by a registered medical practitioner or registered optometrist;
    1.4 Your prescription details supplied to Lens4SA are true and correct and Lens4SA cannot be held liable for providing you with Goods according to incorrect details supplied by you.
  2. Lens4SA reserves the right to request any details reasonably required to confirm that you are eligible to order the products you wish to acquire.
  3. No transaction will be processed if a script is older than 1 year unless proof is supplied that the script is still accurate.
  4. Our acceptance of your order (offer) constitutes a legally binding contract between us on the terms and conditions contained herein.

The ordering process

  1. The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.
  2. 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.
  3. Upon receiving an order, we will send you an email acknowledging that we have received your order and confirming the details of your order and your order reference number.
  4. Your offer to purchase a product is accepted by Lens4SA when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Agreement 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.
  5. Lens4SA may not be bound by it’s acceptance of your offer if there is an error in any advertisement or representation made by Lens4SA 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, Lens4SA 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.
  6. You cannot cancel an offer to purchase once such offer to purchase has been presented to Lens4SA.
  7. Payment will be processed after receipt of your order but prior to dispatch.

Limitations of Supply

  1. Lens4SA 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, Lens4SA will advise you accordingly.

Payment

  1. All payments must be in the legal currency of the Republic of South Africa;
  2. Payment will be processed after receipt of your order but prior to dispatch.
  3. All prices are inclusive of Value Added Tax (if applicable) but exclude delivery charges.
  4. The price of any product will be as quoted except in cases of obvious error.
  5. Prices are liable to change at any time, but changes will not affect for which we have already sent you an email confirmation.
  6. Lens4SA accepts credit or debit card payments via PAYFAST. Credit/debit card details will be encrypted to minimize the risk of unauthorised access or disclosure.
  7. Delivery charges may vary according to the Customer’s location and size and/or weight of the parcel. The Customer is liable to pay the delivery charges associated with their order.

Contact Lens customer

  1. By placing an order you are confirming that:
    1.1 You have a valid current contact lens prescription issued by a registered optician, optometrist or ophthalmic medical practitioner for the contact lenses which you are ordering;
    1.2 The data you provide to Lens4SA concerning the condition of your eye sight corresponds to the data found on your current prescription;
    1.3 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.

Customer (also applicable to once-off purchases)

  1. Only Customers with a legitimate and verified prescription not older than 12 months qualify to order contact lenses (“the Product”) online.
  2. The Customer indemnifies Lens4SA 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.
  3. 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.
  4. 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 prior to the expiry of its prescription. A prescription issued to a contact lens wearer is only valid for 12 months as per the rules of the HPCSA.
  5. 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 Lens4SA website’s proper performance is reliant on.
  6. Refunds will not be accepted if the seal on the Product has been broken or the box is damaged in any way. Products can be refunded within 30 calendar day from date of order and must be accompanied by a valid receipt.
  7. Product warranties and guarantees are issued by the Manufacturer of the Product and the Customer is aware thereof and accepts same.

Delivery of goods

  1. Lens4SA aims to dispatch all products within 10 business days of the date of your order, subject to the availability of products and, where necessary, the validation of your prescription.
  2. The Electronic Communications and Transactions Act, 2002, requires that a supplier must execute an order within 30 days of the day on which the supplier received the order and Lens4SA will do it’s utmost to adhere to this provision.
  3. Deliveries can only be made to addresses within the borders of South Africa and Namibia.
  4. Deliveries will take place within 10 business days of the acceptance of your order if stock is available.
  5. A unique waybill number will be communicated to you via email which can be used to track the status of your order.
  6. Delivery will be during business hours so please ensure that someone will be available to receive the parcel at the address specified.
  7. We reserve the right to contact customers and arrange alternative delivery methods and timelines, if the delivery address is remote, or to cancel the order if delivery is not feasible.
  8. The person receiving the parcel will be asked by the courier to sign the waybill indicating that the parcel/carton has been received undamaged and in good condition.
  9. Proof of ID may be requested to verify authenticity of purchaser.

This Delivery Policy is only valid for merchandise purchased via the Lens4SA website. This policy has been developed to ensure the accurate and secure delivery of all purchases and to assist you with your delivery needs.

Right of Cancellation (Cooling-off Period)

  1. Section 44 of the Electronic Communications and Transactions Act, 2002 allows a customer to cancel any transaction without any penalty within seven days of receipt of goods.
  2. Section 44 does not apply to any electronic transaction where the goods –
    1. are made to the customer’s specifications;
    2. are clearly personalised;
    3. by reason of their nature cannot be returned.
  3. Section 44 is therefore not applicable to prescription eyewear which has been specifically ordered to a customer’s specifications. Lens4Sa Exchange Policy will, however, still apply.
  4. To cancel the Agreement you must contact us to request a return reference and the relevant return address.
  5. You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date of your election to cancel and the date the product is returned to Lens4SA, you shall bear all risk in keeping the products safe, secure and free from loss or damage.

Passing of Ownership

  1. Title in the products shall pass when the products are delivered to the delivery address set out in your order, provided that Lens4SA has received payment in full for the products.
  2. Lens4SA will accordingly remain 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 available to you.

Inspection

  1. Upon delivery of the products you must inspect them carefully. If any of the products do not match the description or appear to be damaged or missing, do not use the products or any items accompanying the goods and please contact us on whatsapp 084 620 8199.
  2. Only products which are returned to Lens4SA without a broken box seal are acceptable. Please refer to our Return Policy.

Liability

  1. Any liability of Lens4SA (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.
  2. Liability for indirect damages or consequential loss, however it arises, is excluded to the extent permitted by law.
  3. 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.
  4. Without prejudice to the provisions set out above, Lens4SA 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.

Force Majeure

  1. Neither Lens4SA 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 Lens4SA control, but as a consequence of which Lens4SA is unable to fulfil its obligations.
  2. While a Force Majeure continues to operate, Lens4SA 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 Lens4SA as terminated without further obligation to the other.
  3. If Lens4SA has already fulfilled its obligations under any Agreement in part? when the Force Majeure occurs, Lens4SA will be entitled to charge you for that fulfilled part.
  4. Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, Lens4SA shall return to you the amount paid.

Warranty

  1. 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.
  2. 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

  1. Lens4SA 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.
  2. 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).

Severability

  1. 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.

Whole Agreement

  1. This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.
  2. 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.

Applicable Law

  1. These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of South Africa.
  2. 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.

1.  Introduction


1.1.    This website can be accessed at www.lens4sa.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Lens4SA.
1.2.    These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3.    These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4.    The Website enables you to shop online for an extensive range of goods which may include non- prescription contact lenses, prescription contact lenses, contact lens solutions, eye drops, contact lens cases & contact lens accessories (“Goods”).

2.  Important Notice


2.1.    These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2.    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1.        may limit the risk or liability of Lens4SA; and/or
2.2.2.        may create risk or liability for the user; and/or
2.2.3.        may compel the user to indemnify Lens4SA; and/or
2.2.4.        serves as an acknowledgement, by the user, of a fact.
2.3.    Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4.    If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Lens4SA to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5.    Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Lens4SA in terms of the CPA.
2.6.    Lens4SA permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2.7.    These Terms and Conditions are divided into three sections, as follows:

3.  Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Orders and Sales

4.    Registration and use of the Website
4.1.    Only registered users may reorder Goods on the Website.
4.2.    To register as a user, you must provide a unique username and password and provide certain information and personal details to Lens4SA. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.3.    You agree and warrant that your username and password shall:
4.3.1.        be used for personal use only; and
4.3.2.        not be disclosed by you to any third party.
4.4.    For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5.    You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.6.    You agree to notify Lens4SA immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7.    By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.8.    You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.9.    You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10.  You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

5.  Conclusion of Sales and availability of stock


5.1.    Registered users may place orders for Goods, which Lens4SA may accept or reject. Whether or not Lens4SA accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Lens4SA for the Goods.
5.2.    NOTE: Lens4SA will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Lens4SA come into effect (the “Sale”). This is regardless of any communication from Lens4SA stating that your order or payment has been confirmed. Lens4SA will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3.    Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
5.4.    Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Lens4SA liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
5.5 You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Lens4SA, Lens4SA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Lens4SA will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

6.  Payment


6.1.    We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2.    Payment can be made for Goods via – Payfast

7.  Delivery of goods


7.1. Lens4SA offers one method of delivery of Goods to you, which is via courier.
7.2.    Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
7.3.    Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout
7.4.    Where it accepts your order, Lens4SA will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

8.  Errors


We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

9.  Vouchers, Coupons and Referral Bonuses


9.1. Lens4SA may from time to time make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Lens4SA products. Lens4SA may also from time to time offer referral bonuses (in the form of wallet credit for use on the Website) to Users who refer the Website to their friends and meet certain further requirements (“Referral Bonuses”).  This is called “Refer a friend & save” on the Website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended.  More specifically:
9.2. Vouchers
9.2.1. Vouchers are valid for 1 years after sale. If your Voucher has not been used within that period, it will expire. Vouchers can be redeemed at checkout by entering the voucher code.
9.2.2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
9.2.3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
9.3. Coupons
9.3.1. Coupons are issued electronically in Lens4SA sole discretion.  Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
9.3.2. As a general rule, and unless specified otherwise on the specific Coupon itself:
9.3.2.1. A Coupon can only be used once, with promotional offers on the Website;
9.3.2.2. Only one Coupon can be used per person unless Lens4SA specifies otherwise; and
9.3.2.3. The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
9.3.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
9.3.4. If Lens4SA is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
9.4. Referral Bonuses (Invite Friends & Save)
9.4.1. Referral Bonuses are valid indefinitely, subject to clause 9.4.4. Referral Bonuses can be redeemed at checkout out under vouchers by entering the voucher code.
9.4.2. Referral Bonuses cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.  Referral Bonuses do not accrue interest and are not refundable for cash once purchased.
9.4.3. If your Referral Bonuses is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
9.4.4. Lens4Sa reserves the right, in its sole discretion, to change the rules around the Referral Bonus scheme (including without limitation the value of any Referral Bonus) without prior notice, and to cancel or revoke any Referral Bonuses at any time.
9.4.5. Subject to the remainder of this clause 9.4, you can earn a Referral Bonus by telling your friends about Lens4SA via email, Facebook or Twitter, using the referral tool on the Website. The referral tool will generate a unique referral link for you. If enough of your friends click on your unique referral link and sign up to become members of Lens4Sa using that link (each a “successful referral”) and as a result you reach any of the thresholds stated on the Website, you will earn the relevant Referral Bonus for that threshold. You could earn another Referral Bonus too, if your number of successful referrals climbs to reach the next threshold. You can earn one or more additional Referral Bonuses when a referred friend becomes a member of Lens4Sa AND purchases Goods on the Website to a value of more than R150 within 7 days of becoming a member.
9.4.6. General rules:
9.4.6.1. you must be a valid Lens4SA account holder;
9.4.6.3. referring friends who already have purchased from Lens4SA does not count;
9.4.6.4. you may only sign up one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system;
9.4.6.5. you may not sign for a Lens4SA account on behalf of your friends, nor may you sign up using your friends’ email addresses. Each User who signs up as a member must sign up as him- or herself with full knowledge that he/she is creating an account;
9.4.6.6. you may not use someone else’s account in order to purchase Goods for yourself from the Website; and
9.4.6.7. by providing us with your friends’ contact information, you warrant that you are authorised to share that information with us.
9.4.7. Any abuse or attempted abuse of the Referral Bonus scheme in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly. Without prejudice to any other remedies it may have, Lens4SA reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.
9.5. Site Promotions
From time to time Lens4SA will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
9.5.1. Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.