Terms & Conditions
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale shall apply as between:
EYE SOCIETY PTY LIMITED
Telephone: 010 100 3575
Address: Shop H65EF Melrose Arch, 60 Athol Oaklands Raod, Melrose North, Johannesburg South Africa 2076
Hereinafter referred to as « EYECONIK »
Any individual acting as a private person or as a representative of an entity with personality at law visiting or carrying out via the site www.eyeconik.com, the property of EYECONIK, a purchase of products via the website www.eyeconik.com
Hereinafter referred to as the « Web User »
Any order taking carried out on the web site www.eyeconik.com assumes prior consultation and acceptance of these general terms and conditions.
The website www.eyeconik.com is an e-commerce site, such that the web user admits that he or she is perfectly informed of the fact that his or her manuscript signature of this document is not required for his or her agreement to these general terms and conditions of sale.
The web user is invited to save and print these general terms and conditions of sale, which shall be valid for both parties.
The web user declares that he or she is of age and has full legal powers to commit himself or herself under these general terms and conditions and to subscribe to contracts under French Law.
1 - PURPOSE
The purpose of these general terms and conditions is to lay down the rights and obligations of the parties in the context of remote selling of products offered on the sales pages accessible on the web site www.eyeconik.com from the passing of the order to after sales service and warranties, including payment and delivery.
2 - APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
The version of the general terms and conditions of sale applicable to the web user shall be that appearing on the site at the time of validation of the order by the web user.
The various versions of the General Terms and Conditions of Sale shall be archived by EYECONIK.
All General Terms and Conditions of Sale may be amended or deleted at any time.
- SITE UNAVAILABILITY
The web site www.eyeconik.com or access to one or more services on the site such as the online sales pages may, without warning and without giving rise to any indemnity, be definitively or temporarily closed, without the web user being able to claim any compensation whatsoever.
The products offered for sale by EYECONIK, namely glasses for reading and sun glasses with or without correction shall be those appearing on the www.eyeconik.com website on the day on which the web user consults the site.
The products are offered up to the limit of stocks available. Although the stock is displayed in real time on the www.eyeconik.com site, a product may occasionally be unavailable (inventory or other error). In these circumstances, EYECONIK undertakes to inform the web user by any means suitable to it at the earliest opportunity from the time of the order.
On this assumption, EYECONIK may, in agreement with the web user, programme a new delivery date depending on stock replenishment. If there is no agreement, or if it is impossible to obtain the product ordered, EYECONIK will reimburse the sums paid by the web user within a maximum period of 10 days, the latter not being able to claim any indemnity of any kind whatsoever.
The greatest care is taken, prior to any order, to provide online information in particular on the essential characteristics of the products for sale, on payment methods and delivery. Nevertheless, small differences in the information provided on the products, such as the product images, with no bearing on their essential characteristics, may be present. Such differences may not under any circumstances whatsoever, commit EYECONIK’s contractual responsibility.
An online test for dioptre is available during the stage prior to the making of the order. The purpose of this test is not to act as a substitute for a visit to an oculist and it may not engage the liability of EYECONIK in the event of an unsuitable use by the web user.
The online information on the site www.eyeconik.com shall not under any circumstances whatsoever exonerate the web user from taking note of information attached to the product or on it or its packaging (precautions for use, instructions for cleaning...).
A damaged or modified product must not be used (significant scratches, etc.).
4.3 Using the products
The customer undertakes to use the products in accordance with their purpose and to follow the products’ instructions for use.
EYECONIK may not be held liable for improper use of the products in particular for any use other than that provided for.
Prices relating to the product order are displayed in the online sales page dedicated for the purpose.
Prices are displayed in Rands (ZAR) exclusive or inclusive of tax depending on the country of the web user. Information on whether tax is included or excluded in the price appears on the product description and is repeated in the order summary.
The prices do not include, unless stated to the contrary, delivery charges, which will appear in addition to the price when making the order and prior to the web user confirming the order.
On confirmation by e-mail of the web user’s order, the total amount for the order will be displayed (price + delivery charges) in Rands (ZAR).
The prices of the products do not include communication charges linked to the online sales service which shall be borne by the web user.
EYECONIK reserves the right to amend its prices at any time. Nevertheless, articles shall be invoiced on the basis of the price schedule currently in force at the time the purchaser registers the order.
6 - ORDER
6.1 Taking orders
Order taking includes the following stages:
- Stage 1: filling the basket.
- Stage 2: The information communicated by the web user when opening his or her customer account or when making each individual order must be complete, accurate and up to date. If not, EYECONIK will be unable to carry out the order(s). If the web user does not wish to communicate such information, EYECONIK will be unable to respond favourably to his or her order
- Stage 3: consulting the General Terms and Conditions of Sale.
- Stage 4: acceptance of all the general terms and conditions of sale by ticking the box marked « I accept the general terms and conditions of sale »
- Stage 5: Validation of the order by clicking on the button « Order with obligation to pay ».
The web user receives an acknowledgement of receipt of his or her order by e-mail.
All orders made by the web user by the stages described above shall constitute an irrevocable acceptance of the general terms and conditions.
6.2 Confirmation of the order
In compliance with the applicable regulations, the contractual information shall be subject to confirmation when the time comes and at the latest at the time of delivery by e-mail to the e-mail address provided by the web user on the order form.
This confirmation e-mail shall include in particular the following information:
- a description of the products;
- the numeric identification of the order;
- the total sum for the order (price + delivery charges);
- a reminder of the secure conditions of payment.
The web user shall be responsible for safe keeping of the contractual information on a medium of his or her choice.
EYECONIK reserves the right not to confirm the order in particular in the event of a refusal of authorisation to pay, erroneous address or any other problem with the user’s account. In such an event, EYECONIK shall inform the web user by e-mail.
The order shall only be definitive following:
- settlement of the whole price by the web user;
- checking of availability of the product by EYECONIK at the earliest opportunity from the dispatch of the e-mail indicating receipt of the said order to the web user.
For making the order, working hours are from Monday to Thursday, from 9am to 12:30 and from 2pm to 6pm, and on Friday from 9:30am to 12:30 and from 2pm to 4pm (French time) and excluding public holidays. In general, all orders placed before 1 pm are shipped the same day, except in case of force majeure. The additional delays are those carried out by the transport partners.
The order may be cancelled within 5 minutes following the confirmation of the order and only during working hours by sending an e-mail to contact@EYECONIKsa.com. Once an order is registered it may not be amended.
7 - PAYMENT
7.1 Payment means
Payment is carried out online by bank card either by PayGate (Pty) Ltd or via EYECONIK’s partner bank. The delivery slip for the product will be placed inside the package containing the product ordered.
The order shall only be definitive once it has been confirmed by settlement of the price by purchaser.
For payments by bank card carried out on its site, EYECONIK uses the secure payments service on the server of its partner banks. All information sent from the site www.eyeconik.com to the payment site is systematically encrypted to ensure confidentiality.
Card transactions will be acquired for EYECONIK 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.
7.2 Failure to pay
In the event of failure to pay not justified by a valid reason, EYECONIK shall have the right to claim late payment interest calculated on the basis of the current legal rate plus three points applicable from the due date for payment.
7.3 Right of title
The product delivered shall remain the property of EYECONIK until complete and effective payment of the price by the web user. Failure to pay may lead to the reclaiming of the goods by EYECONIK.
Transfer of risk of loss or deterioration to the web user shall take place on the date of delivery of the product, in other words, on receipt of the product by the web user.
7.4 Payement Types
Visa and MasterCard payments accepted.
8 - TERMS AND CONDITIONS OF DELIVERY AND DELIVERY TIMES
8.1 Order picking
In general, all orders placed before midday are shipped the same day, except in case of force majeure. The additional delays are those carried out by the transport partners.
Order are prepared in a dedicated warehouse.
8.2 Delivery times
The products ordered by the web user shall be delivered within a maximum period of time of 30 days from confirmation of the order and payment.
If the product is unavailable, EYECONIK undertakes to inform the web user without delay so that the web user may be reimbursed in good time and within 14 days at the earliest opportunity from the payment of the sums spent.
In the event of a predictable delay in delivery, EYECONIK undertakes to inform the web user as soon as possible and by any means so that the latter may then choose to maintain or cancel the order totally or partially.
EYECONIK may not be held liable for the consequences of any events independent of its will, in particular in the event of force majeure or acts of God leading to delay or cancellation of delivery of the product ordered.
In the event of failure to respect the period of time mentioned plus 7 days, the web user may cancel his or her order by dispatch of a recorded delivery letter with acknowledgement of receipt to the address of the head office provided at the head of these general terms and conditions. The cancellation shall only be accepted by EYECONIK if the dispatch of the delivery has not taken place between dispatch and receipt of the said letter. The web user shall be reimbursed within 14 days at the latest from receipt of the recorded delivery letter by EYECONIK.
EYECONIK reserves the right to choose the goods haulier and guarantees the good routing of the products.
ATTENTION: if the parcel is returned to the sender for being unclaimed or if the web user has provided a wrong delivery address, EYECONIK reserves the right to bill the web user again for the new shipping fees. In this case, if the package is again returned to the sender, it will not be returned to the Internet user and the amount corresponding to this command, including any additional delivery costs, will be retained by EYECONIK.
8.3 Checking delivery
EYECONIK guarantees the conformance of the product delivered with the essential characteristics as described on the site www.eyeconik.com for usage in accordance with its purpose.
The web user shall check the state of the packaging and the conformity of the product delivered and if need be shall note any reservation on the haulier’s delivery slip.
The choice of haulier belongs to EYECONIK. The parcels are padded and protected.
Notice: the delivery time can be extended particularly during the end-of-year celebrations.
9 - WARRANTY
9.1 Warranty for hidden or latent defects (see extracts from Civil Code in Schedule 2)
EYECONIK is bound to respect the legal warranty against hidden or latent defects under the meaning of Article 1641 of the Civil Code which states: “the seller is bound to provide warranty for hidden or latent defects rendering the item sold unsuitable for the use for which it is intended or which diminishes use to such a degree that the purchaser would not have acquired it or would only have been prepared to pay a lower price had he or she known.”
However that may be, EYECONIK may not be held liable for improper use of the product by the web user, for normal wear and tear of the product, or for failure to maintain it.
9.2 Nonconformity (see extracts from Civil Code in Schedule 2)
In the event of nonconformity of the product delivered, the web user must inform EYECONIK Customer Service by e-mail clearly describing the nonconformity noticed.
The web user disposes of a period of two years from the day on which he or she takes possession of the product during which the guarantee of conformity shall apply.
9.3.1 If the defect appears within 6 months of purchase
If the defect appears within 6 months of purchase, it shall be assumed that it existed on the day of acquisition.
9.3.2 If the defect appears after 6 months of purchase
If the defect appears after 6 months of purchase, the web user shall only benefit from the warranty for conformity if he or she provides proof that the defect existed at the purchase date.
For this purpose, the web user may present any document liable to attest to the nonconformity of the product.
9.3.3 Consideration of the web user’s application
EYECONIK undertakes, in the light of the application made by the web user, to exchange or reimburse the product to the web user, subject to it being returned in its original packaging. In the event of a manifest difference in the cost of the 2 options, EYECONIK will opt for the less expensive solution. When an item is returned on grounds of a defect, EYECONIK shall reimburse the costs of carriage on presentation of the relevant proofs and at all events according to the tariffs currently in force. Reimbursement shall be made prorata depending on the price of the product in relation to the complete order.
Subject to the consent of the web user, EYECONIK may suggest a credit note instead of exchange or reimbursement.
The stipulations laid down in this Article do not effect your rights to withdrawal as provided for in Article 10.
10 – RIGHT OF WITHDRAWAL
In application of Article L.121-20 and following of the Consumer Code, the web user enjoys a period of thirty days from the receipt date of the order to exercise their right to withdrawal.
If the web user uses this right of withdrawal, return of the product must be made in the original packaging, in a reasonable condition, in other words, without excessive handling (no significant deterioration of the packaging) by at the most fourteen days following communication of his or her decision to withdraw and accompanied by all accessories and information and an indication of the invoice relating to the products.
A product which has deteriorated due to excessive handling (in particular, damaged, damaged and incomplete return, absence of labelling, etc.) will not be accepted. Costs of return shall be borne by Purchaser.
In the event of an exercise of the right to withdraw, in accordance with the withdrawal application attached in Schedule 1, the web user may request the reimbursement of the order, not including the costs of dispatch and return incurred. In the event of exchange, the web user is invited to re-order directly on the site and return the original item in order for EYECONIK to proceed to the refund, processing times being faster and new shipping fees at the web user charge in both cases.
Since then, EYECONIK will reimburse the web user within a maximum period of time of 30 days from the effective return of the product, directly on the payment mean used.
All product returns must be requested by e-mail to our customer service department at contact@EYECONIK.co.za as detailed at the head of these general terms and conditions.
11 - PERSONAL DATA PROTECTION
Information requested via forms are necessary for processing the order and will be communicated to service provider(s) in charge of carrying out the order and in particular the haulier and/or any other competent authority for ruling on any litigation between EYECONIK and a web user. Such information may also be used for knowing more about the web user so that EYECONIK can adapt its range to the needs of the web user.
EYECONIK 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.
12 - INTELLECTUAL PROPERTY
Items belonging to EYECONIK such as the web site, the trade name, games, drawings, models, texts, sound and video clips are the exclusive property of EYECONIK, the above list not being considered as exhaustive.
These general terms and conditions do not include any transfer to the benefit of the web user of any type of intellectual property rights over the site or its content belonging to EYECONIK.
EYECONIK grants you right of access to the site on a personal, nonexclusive and non-transferrable basis for usage which complies with the terms and conditions as laid down in these terms and conditions. Any other use shall be deemed as infringement and will be subject to penal sanctions under the title of Intellectual Property.
The web user undertakes not to impair whether directly or indirectly the property rights of EYECONIK and undertakes not to exploit in any manner whatsoever the names, trade names and logos. The web user undertakes to respect all EYECONIK’s rights and undertakes not to exploit any similarity in the public mind for any reason whatsoever.
Hypertext links or similar to the home page of this site www.eyeconik.com or any other page must be systematically applied for and must be withdrawn on simple application by EYECONIK.
13 - LIABILITY
EYECONIK may not be held liable for any failure in the performance of its obligations due to an act of God and/or to cases of force majeure under the meaning generally accepted by the law and courts of the French Republic or for any causes escaping its control.
Howsoever that may be the liability of EYECONIK shall be limited to the price of the product sold unless in the event of an imperative legal provision to the contrary.
Moreover, EYECONIK may not be held liable to the degree allowed by current regulations for direct loss including immaterial or indirect damage which may result from accessing the site or from inappropriate usage of the products under the meaning of the “product usage” clause and in particular when the products contain restrictions on usage.
Hypertext links placed on www.eyeconik.com may lead to other sites whose content shall remain the sole responsibility of the operators and owners of those sites.
14 - FORCE MAJEURE / ACTS OF GOD
In an express manner, the following acts of God besides those usually upheld by the French Courts are considered as cases of force majeure.
The execution by EYECONIK of all or part of its obligations shall be suspended in the event of the occurrence of an act of God or force majeure which prevents or delays such execution.
EYECONIK will inform the customer of such an act of God or force majeure within fourteen days of its occurrence. If such a suspension lasts beyond a period of time of fifteen days, the Customer shall then be able to cancel the current order and will be reimbursed under the terms explained above.
15 - COMPLETENESS
If one or more of the clauses of this agreement are rendered null and void by a change in legislation, regulations or by a court decision, that shall under no account affect the validity and respect for the remainder of these general terms and conditions of sale.
16 - DURATION
These terms and conditions shall apply for the entire duration of the period during which the services offered by EYECONIK remain on line.
17 - PROOF
The processed registers, maintained on the EYECONIK servers or on those of its hosts shall be considered, unless in the event of proof to the contrary, as proof of communications orders and payments occurring between the parties, Shop H65EF Melrose Arch, 60 Athol Oaklands Road, Melrose North, Johannesburg, South Africa, 2076.
18 - LAW APPLICABLE
This website is governed by the laws of South Africa and EYECONIK 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.
Under no account will EYECONIK provide any guarantee of conformity with local legislation which would be applicable when a web user accesses the site from another country.