These Terms and Conditions govern all purchases made via the online store accessible at www.faizalmohammed.co.za(“the Website”).
By accessing the Website and placing an order, you, the customer, acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You further acknowledge that you are entering into a legally binding agreement with Faizal Mohammed Optometrists [Insert full Company details], a duly registered business operating in the Republic of South Africa, for the purchase and supply of optical products and accessories, including but not limited to contact lenses, spectacle frames, sunglasses, and related items (“the Products”).
This agreement shall consist of:
- These Terms and Conditions.
- The completed online order submitted by you.
- The order confirmation and/or dispatch confirmation issued by Faizal Mohammed Optometrists.
Should you not agree with any provision contained herein, you are advised not to proceed with any purchase via the Website.
1. ORDERING PROCESS
- The display of products, services, and promotional offers on the Website is solely for informational and marketing purposes and does not constitute a binding offer by Faizal Mohammed Optometrists.
- By submitting an order through the Website, you make a legally binding offer to purchase the selected Products in accordance with these Terms and Conditions. All orders are subject to acceptance by Faizal Mohammed Optometrists.
- A binding agreement between you and Faizal Mohammed Optometrists will only come into effect upon written confirmation of dispatch of the Products via email (“Dispatch Confirmation”). Until such time, no contract of sale shall be deemed to exist.
1.4 Faizal Mohammed Optometrists reserves the right, in its sole discretion and without liability, to reject or cancel any order, including but not limited to cases involving pricing inaccuracies, stock availability, technical errors, suspected fraud, or other commercially justifiable grounds.
2. PRODUCT AVAILABILITY
2.1 We strive to ensure that all products displayed on our website are in stock and available for delivery. However, product availability is not guaranteed at the time of order placement. All orders are subject to availability and confirmation thereof.
2.2 In the event that a product you have ordered is temporarily or permanently out of stock, the following procedures shall apply:
- We will make reasonable attempts to contact you using the contact information provided during checkout to inform you of the unavailability.
- You may be offered the choice of: A full refund for the unavailable item; A suitable substitute product of comparable value and quality; or The option to wait until the item becomes available (where applicable).
- If no response is received from you within 5 (five) business days of our notice, we reserve the right to cancel the affected portion of the order and process a refund to the original payment method. In appropriate circumstances, we may, at our sole discretion, fulfil the order with a substitute item of equal value and function, unless you have specifically opted out of substitutions.
- Please note that the confirmation of receipt of your order does not constitute acceptance of your order, and we reserve the right to decline or cancel orders at any stage prior to dispatch.
3. PAYMENT TERMS
3.1 All prices displayed on this website are quoted in South African Rand (ZAR) and are inclusive of Value Added Tax (VAT).
3.2 Full payment is required at the time of placing an order. We accept payment via secure, recognised electronic payment methods, including valid debit and credit cards. By submitting your payment information, you warrant that you are duly authorised to use the selected payment method and that sufficient funds are available to cover the full cost of the order.
3.3 We use industry-standard encryption and secure payment gateways to ensure the protection and confidentiality of your payment and personal information. Despite our efforts, we shall not be held liable for any loss or damage suffered as a result of unauthorised access to your payment data, unless caused by our gross negligence.
- Please note:
3.4.1 Price Match Promise (if applicable) is strictly limited to identical products offered by authorised retailers and excludes any discounts, promotions, or purchases subject to medical aid claims or billing.
- The final price for your purchase, including applicable taxes and delivery fees, where relevant, will be confirmed in the official order confirmation issued after checkout. We reserve the right to correct any pricing errors or inaccuracies at any stage prior to dispatch.
- All payments must be successfully processed before your order is confirmed. Failure to do so may result in delays or cancellation of your order.
4. ELIGIBILITY TO PURCHASE
- By placing an order on this website, you confirm and declare that:
4.1.1 You are at least 18 years of age and legally capable of entering into binding contracts.
- Your order for contact lenses or related optical products is based on a valid prescription issued by a registered optometrist or ophthalmologist within the past 12 (twelve) months.
- You are either the prescribed patient or a person legally authorised to act on the patient’s behalf in making this purchase.
- You consent to the verification of your prescription and/or the contact details of your prescribing practitioner, should such verification be deemed necessary by us or required in accordance with applicable health regulations.
5. SUBSCRIPTIONS & REPEAT ORDERS
5.1 By enrolling in our subscription service, you agree to the following terms:
5.1.1 Participation in any subscription plan requires you to maintain a valid and current prescription throughout the duration of your subscription. We reserve the right to request updated prescription details at any time and to pause or cancel deliveries if the prescription becomes outdated or invalid.
- As part of our commitment to ongoing eye health, you will receive a complimentary annual contact lens examination and assessment voucher, redeemable in-store only at participating locations. This voucher is non-transferable and not redeemable for cash.
- Orders will only be processed and dispatched after successful collection of the relevant debit order. Failed collections may result in delivery delays or suspension of the subscription until payment has been received.
- Should you wish to cancel your subscription, you are required to provide no less than 5 (five) business days’ written notice prior to your next scheduled billing date. Notice must be submitted to our Customer Care Team at [insert contact email or form link]. Late cancellations may result in the next billing cycle proceeding as scheduled.
- You may update your delivery schedule, address, or subscription preferences at any time, subject to system limitations and with a minimum of 3 (three) business days’ notice before your next billing date.
6. DELIVERY POLICY
6.1 All orders are processed and dispatched within 10 (ten) working days from the date of successful payment confirmation and prescription validation. Processing times may vary during peak seasons or due to unforeseen delays, in which case we will notify you accordingly.
6.2 Deliveries are available exclusively within the Republic of South Africa. We do not offer international shipping at this time.
6.3 Once your order has been shipped, you will receive an email or SMS notification containing your tracking number and courier details, allowing you to monitor the progress of your delivery.
6.4 It is your responsibility to ensure that a responsible person is available at the delivery address during standard working hours (08:00 to 17:00) to receive the parcel. In the event of an unsuccessful delivery, the courier may attempt redelivery or request that you collect the parcel from a designated depot.
6.5 The courier may request valid proof of identity at the time of delivery to verify receipt. We reserve the right to withhold delivery if appropriate identification cannot be produced.
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7. CANCELLATION RIGHTS
7.1 In accordance with the Electronic Communications and Transactions Act, you may cancel your order within 7 days of receiving the goods, provided they are not custom-made, personalised, or unsuitable for return due to their nature.
7.2 Prescription lenses and customised eyewear are excluded from cancellation but may be eligible for exchange if defective or supplied in error.
7.3 To cancel, you must request a return reference from our customer service team. Goods must be returned in their original condition and packaging. You are responsible for the item until it is received by us.
8. TRANSFER OF OWNERSHIP
8.1 Ownership of the goods shall transfer to you only upon receipt of full payment. However, all risk in and to the goods, including the risk of loss, theft, damage, or destruction, shall pass to you upon dispatch from our premises.
8.2 It is accordingly your responsibility to ensure that the delivery address provided is correct and that appropriate arrangements are made to receive the goods. We shall not be liable for any loss or damage occurring after dispatch.
9. PRODUCT INSPECTION
9.1 You are required to inspect your items immediately upon delivery. If you receive a damaged or incorrect product, do not open the packaging or tamper with the contents.
9.2 Please notify us without delay so we can arrange an appropriate resolution.
9.3 Returned products must remain unused, sealed in their original packaging, and free from dents, markings, or any other signs of tampering.
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by South African law, our liability to you is strictly limited to direct and foreseeable damages arising from the processing, dispatch, and delivery of your order, and shall not exceed the total value of the goods purchased.
10.2 We shall not be held liable for any indirect, incidental, special, or consequential losses, including but not limited to, loss of income, loss of data, loss of business opportunity, or damage to reputation or goodwill, whether arising in contract, delict, or otherwise.
10.3 Furthermore, we accept no responsibility for any damage, loss, or defect resulting from your misuse of the product, failure to follow product instructions, negligent handling, or unauthorised modifications. This limitation applies regardless of whether we have been advised of the possibility of such damages and remains applicable even if the remedy provided fails in its essential purpose.
11. FORCE MAJEURE
11.1 Neither party shall be held liable for any failure or delay in fulfilling their obligations under this agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, labour disputes, civil unrest, war, governmental restrictions, or interruptions in transport, communication, or power supply. In the event of such a force majeure, all affected obligations shall be deemed suspended for the duration of the disruption.
11.2 Should the event continue for a period exceeding two consecutive months, either party shall be entitled to terminate the agreement by providing written notice to the other. In such cases, any prepaid amounts in respect of goods not yet delivered shall be refunded to the customer.
12. PRODUCT WARRANTIES
12.1 All contact lenses sold are warranted against manufacturing defects until their stated expiry date, provided they are used and stored in accordance with the manufacturer’s instructions.
12.2 This warranty does not extend to damage or defects resulting from improper handling, storage, or usage by the customer.
12.3 Any additional warranties provided by the manufacturer are passed on directly to the customer, and any claims under such warranties must be made in accordance with the manufacturer’s procedures and terms.
13. RETURNS & EXCHANGES
13.1 Should you wish to return a product, please contact us via email at [email protected] to initiate the process. If the item received is incorrect or defective, Faizal Mohammed Optometrists will cover the cost of the return.
13.2 In all other instances, including returns due to change of preference, the customer shall bear the return shipping costs.
13.3 All returns must be made within 30 days from the date of delivery and must include the original packaging and proof of purchase. Products must be returned in unused condition and in a manner suitable for resale.
14. UPDATES TO TERMS
14.1 We reserve the right to amend these Terms and Conditions at any time in response to changes in legislation, technological advancements, or evolving market conditions.
14.2 Unless otherwise required by law, the version of the Terms in effect at the time your order is placed shall govern your purchase.
15. PROTECTION OF PERSONAL INFORMATION
15.1 Faizal Mohammed Optometrists is fully committed to protecting your privacy and adheres strictly to the requirements of the Protection of Personal Information Act, 2013 (POPIA). By using this website and submitting your personal information, you provide consent for the collection, processing, storage, and use of your personal information for the purposes of fulfilling your order, administering your account, and conducting legitimate business activities.
15.2 Your personal information will not be shared with third parties without your express consent, unless required by law or necessary to fulfil our contractual obligations to you, such as processing payments or arranging delivery. You have the right to access, update, or correct your personal information at any time by contacting us at [email protected].
15.3 We undertake to handle your data responsibly and take all reasonable steps to safeguard it against unauthorised access or disclosure.
16. USER ACCOUNTS
16.1 To place orders or access certain features of this website, you may be required to register and create a user account. You are solely responsible for ensuring the confidentiality of your login credentials, including your username and password, and for restricting access to your account. By creating an account, you accept full responsibility for all activities conducted under your account, whether authorised by you or not.
16.2 Faizal Mohammed Optometrists reserves the right, in its sole discretion, to suspend, restrict, or terminate your account at any time and without prior notice if we believe that your account has been misused, compromised, or used in violation of these Terms or any applicable laws.
17. THIRD-PARTY SERVICES
17.1 This website may contain links to third-party websites or services, including but not limited to payment gateways, delivery providers, or partner platforms. These links are provided for your convenience only. Faizal Mohammed Optometrists has no control over the content, security, or privacy practices of such third-party websites and does not endorse, guarantee, or assume responsibility for any information, products, or services offered through them.
17.2 By accessing third-party sites or engaging with their services, you do so entirely at your own risk. We disclaim all liability for any direct, indirect, or consequential loss or damage that may arise from your use of or reliance on such external websites or their content. We encourage users to review the terms and privacy policies of any third-party site before engaging with their services or submitting any personal information.
18. CUSTOMER RESPONSIBILITY
18.1 By placing an order on this website, you confirm that the prescription details you provide are complete, accurate, and issued by a registered optometrist. It is your responsibility to ensure that all prescription information submitted is current and valid.
18.2 Faizal Mohammed Optometrists accepts no liability for any injury, harm, or adverse outcome resulting from the use of incorrect, expired, or fraudulent prescription details submitted by you. You hereby indemnify and hold Faizal Mohammed Optometrists harmless against any and all claims, losses, damages, liabilities, and expenses (including legal fees) that may arise directly or indirectly from the submission of inaccurate or misleading prescription information.
18.3 We reserve the right to verify prescription details with the issuing optometrist where necessary and may suspend or cancel orders where such verification fails or raises reasonable concern.
19. GENERAL
19.1 Should any provision of these Terms be deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.2 No failure or delay by Faizal Mohammed Optometrists in exercising any right, power, or privilege shall operate as a waiver thereof. Any waiver must be in writing to be effective.
19.3 These Terms constitute the entire agreement between you and Faizal Mohammed Optometrists and supersede any prior understandings, representations, or agreements, whether oral or written.
19.4 This agreement shall be governed by the laws of the Republic of South Africa.