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Terms and Conditions

Terms and Conditions of O-V Optics (Pty) Ltd

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Terms & Conditions

– Use of E-commerce Store, Services & Products made available by O-V Optics (Pty) Ltd

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In General

O-V Optics (Pty) Ltd owns and operates this Website – https://ovoptics.co.za.  This document governs your relationship with O-V Optics (Pty) Ltd. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all parts of the Website.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage any criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or  promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://ovoptics.co.za will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of O-V Optics (Pty) Ltd or its licensors and are protected by copyright laws and treaties worldwide. All such rights are reserved by https://ovoptics.co.za  and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without express permission from O-V Optics (Pty) Ltd.

 

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which O-V Optics (Pty) Ltd will not be held responsible.

Use of Coupons

The use of coupons is according to the printed expiration date specified and the product/price specified on the coupon. All coupons are authorised by O-V Optics (Pty)Ltd and no coupon can be said to be faulty unless O-V Optics has prior knowledge of the existence of this coupon.

Swop-Out

At O-V Optics (Pty)Ltd we understand the risks involved when purchasing goods online and offer a swop-out for a different size within 14 days of receiving your order. The swop out will be at no charge if the purchase price is the same, otherwise a credit will be passed or the difference will be invoiced if there is a price difference. Delivery for customers’ charge through direct to door courier or PostNet-to-PostNet delivery.

Buy1Give1

By purchasing a pair of sunglasses in the Sunglasses at School range (Sport in black and grey and Swag in black OR Bolt & Blade in black and grey, Surf & Swag in Black as named in RKS_ZA range)  from O-V Optics, you hereby agree and acknowledge that you will be receiving a pair of sunglasses according to your order and that a second pair of sunglasses OR a fixed monetary amount, will be chosen and donated to a charity/organisation/individual at the discretion of O-V Optics (Pty)Ltd.

Retailer Orders

You must be a registered and approved customer of O-V Optics (Pty)Ltd to use this service. Approval is by means of a confirmation of registration or O-V Optics (Pty)Ltd registering the customer on the customers behalf. The price  displayed is excluding VAT and is subject to change at the discretion of O-V Optics (Pty) Ltd. Customers will be notified in writing of such change. Goods will not be dispatched until a 50% deposit is paid. Shipping is according to your agreement with O-V Optics (Pty) Ltd and you will be notified via your official invoice if there are any shipping costs.

Any items kept on consignment basis remain the responsibility of the retailer, and retailer adheres to terms of payment agreed upon after sales. Monthly sales report to be submitted, and will subsequently be invoiced. Thorough stock take of items on hand to be submitted end August and end February. Where there is found to be discrepancies, stock unaccounted for or a general mismanagement of stock, O-V Optics (Pty) Ltd will invoice for unaccounted stock, and reserve the right to remove items where deemed absolutely necessary

Warranty, Returns and Replacement of Products

All RKS_ZA/Sunglasses at School products come standard with a 1 year manufacturers warranty and also a lost replacement guarantee subject to the discretion of O-V Optics (Pty) Ltd that no misuse or abuse had occurred. To qualify for replacement after loss or severe damage original proof of purchase must be supplied along with goods if damaged and report on how loss/damage occurred. Replacement to be agreed upon between customer and O-V Optics (Pty) Ltd after thorough inspection of damaged goods by O-V Optics (Pty Ltd). Replacement fee will be maximum 50% of original purchase price and cost of delivery for customer’s charge through direct to door courier or PostNet-to-PostNet delivery.

Sunglasses at School Orders

Products sold through the Sunglasses at School Initiative are subject to certain terms and conditions:

These products are Swag – Small, Medium, Large and Sport – Small, Medium, Large. These are sold via the Sunglasses at School Initiative for the purpose of outdoor school/club/organisation activities as uniformed sunglasses. The Sunglasses at School range is available with or without school/club/organisation branding. For every pair of Sunglasses purchased, a second pair of sunglasses or a fixed monetary amount, will be donated to a charity/organisation/individual at the discretion of O-V Optics (Pty)Ltd. (See Buy1Give1 above.)

All RKS_ZA/Sunglasses at School products come standard with a 1 year manufacturers warranty and also a lost replacement guarantee subject to the discretion of O-V Optics (Pty) Ltd that no misuse or abuse had occurred. To qualify for replacement after loss or severe damage original proof of purchase must be supplied along with goods if damaged and report on how loss/damage occurred. Replacement to be agreed upon between customer and O-V Optics (Pty) Ltd after thorough inspection of damaged goods by O-V Optics (Pty Ltd). Replacement fee will be maximum 50% of original purchase price, cost of delivery for customer’s charge through direct to door courier or PostNet-to-PostNet delivery.

School/Club/Organisation Liability

By making use of services provided by O-V Optics (Pty) Ltd it is agreed that any school/club/organisation and its affiliates and their respective officers, directors, volunteers, agents, contractors, representatives, members, partners, board members and employees involved in any way with O-V Optics (Pty) Ltd, The Sunglasses at School Initiative or Real Kids Shades South Africa will not be held responsible for any damage, loss, or injury caused directly or indirectly by use of the services and/or products provided by  O-V Optics (Pty) Ltd.

Coupons

The use of coupons is according to the the printed date specified and the product/price specified on the coupon. All coupons are authorised by O-V Optics (Pty)Ltd and no coupon can be said to be faulty unless O-V Optics has prior knowledge of this coupon.

In order to contract with O-V Optics (Pty) Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable in South Africa. O-V Optics (Pty) Ltd retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be O-V Optics (Pty) Ltd or may in some cases be a third party. Where a contract is made with a third party O-V Optics (Pty) Ltd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

 

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Direct Bank Transfer/Electronic Financial Transactions are accepted as payment. One payment has been made, proof of purchase sent to info@ovoptics.co.za and/or monies have cleared  selected order is confirmed.

Newsletter

By accepting these terms and conditions, you have agreed to be contacted from time to time by O-V Optics in the form of an email or newsletter. O-V Optics will never share your valuable information with a third party.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law O-V Optics (Pty) Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect O-V Optics (Pty) Ltd’s liability for death or personal injury arising from its extreme negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with O-V Optics (Pty) Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to O-V Optics (Pty) Ltd.

 

Indemnity

You agree to indemnify, defend and hold harmless O-V Optics (Pty) Ltd, its directors, officers, employees, consultants, agents, partners and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of ovoptics.co.za, and the services and products provided by O-V Optics (Pty) Ltd or your breach of the Terms of Service.

 

Variation

O-V Optics (Pty) Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try and resolve disputes swiftly when they first arise. Please let us know if you have any complaints or comments on info@ovoptics.co.za or call +27 83 295 4248 for urgent response.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and O-V Optics (Pty) Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of O-V Optics (Pty) Ltd.

 

 

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