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Terms & Conditions

1. Introduction

1.1 This website (www.oculux.co.za), related mobile-sites and software applications (hereinafter referred to as the ‘Website’) is owned and operated by Oculux (Pty) Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘Oculux’ and/or ‘Oculux’).

1.2 The disclaimers, policies and terms and conditions on this page (hereinafter referred to as ‘Terms’ and/or ‘Conditions’) shall govern the order, sale and/or delivery of goods or services from Oculux as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’).

1.3 Please review the terms contained on this page carefully. The Terms apply to all users of our website, including but not limited to users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and Conditions. If you do not agree to the Terms and Conditions contained herein, you are not authorised to access our website, use any of our website’s services or place an order on our website.

2. Waiver

Any failure on our part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

3. Headings

Headings and titles herein are for convenience only.

4. Severability

If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

5. Variation

Oculux may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.  Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made you should not proceed to transact with us either in store or on through this website.

7. Errors, Omissions and Product Descriptions

7.1 While all reasonable effort is made to provide accurate information about products (including pricing, availability, features and descriptions), unless proven to be due to gross negligence on our part, we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted).

7.2 Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website is by no means exhaustive technical information sheets.    Some terms may be used in a broad sense or for specific purposes only.  

Colour Descriptions: Descriptions and depictions of colour may not be 100% accurate. Some colours are especially difficult to accurately describe and depict. Although our photographers and graphic designers do their best to portray items as accurate as possible, various factors may influence the colour displayed on the screen including monitor and screen calibration. Colour descriptions do not describe the actual material of the product.

8. Pricing & Stock

All prices advertised on our website includes VAT of 15%. Prices published on the website applies to in-stock products only. In the event where a specific product may have sold out, and a customer places an order or enquiry before a price, specification or promotion update, we will first inform the customer of any changes. Should this not be accepted by the customer we reserve the right to cancel the order or any part thereof.   While over 90% of items listed on this website is in-stock, there may be occasions where items are temporarily out of stock, or where a waiting period applies due to a product having to be custom made.  

9. Delivery and Inspection of Goods

9.1 Prices advertised on this website shall include delivery unless otherwise specified, or where the customer qualifies for free delivery under certain conditions.

9.2 Orders shall be dispatched on the first working day after the payment has cleared in our account. Depending on the size of the order and the exact delivery location, our standard delivery period is approximately 2-3 business days from the date of dispatch (weekends excluded).  Longer delivery periods may be applicable for orders placed during the festive season (15 November to 31 December), such delivery timelines to be published on the website and/or communicated by the sales consultants during this time.     Deliveries shall be done on weekdays during the courier’s normal daytime service hours.  Deliveries to outlying areas such as farms or small towns may take longer. Delivery fees include delivery to the majority or towns and cities in South Africa only. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk. Should this be the case, the customer shall be contacted to discuss surcharges or delivery options. Should an agreement not be reached between ourselves and the customer, we reserve the right to cancel the order and refund the customer in full.

 

9.3 It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.  

9.4 Customers should ensure that the correct number of cartons as indicated on the waybill is received before signing the waybill. Note that the number of cartons may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of packages/cartons/pieces as indicated on the waybill should be verified by the customer or his representative before signing receipt of the goods. Customers should never sign to have received more packages as what was actually delivered as this could jeopardise claims of liability against the courier and may result in the loss being for the customer’s own account.  

9.5 We can only guarantee delivery to the delivery address supplied by the customer, but cannot verify the identity of the person signing for the goods. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf, and bear responsibility for verification in terms of point 9.4 above.

9.6 Unless otherwise specified, delivery of orders shall be handled by contracted third-party couriers. It remains the customer’s responsibility to ensure that the place of delivery is easily accessible. Should you have a concern regarding a delivery place constraint, please contact us.

10. Warranty & Return Policy

10.1 Unless otherwise specified, all Oculux products comes with a 14-day money back satisfaction guarantee. This guarantee shall be calculated from the date of delivery of goods.

10.2 Unless otherwise stated, products shall by default be covered by a standard 2-year warranty against manufacturing defects.

11. Competitions and Giveaways

11.1 Results for competitions and lucky draws shall be announced on Oculux‘s official Facebook page on the date published on the competition literature. In the event where, due to technical or other difficulties, we were unable to announce the winner on the published announcement date, Oculux reserves the right to announce the results within a period of up to 7 (seven) days thereafter.

11.2 Winners shall not be contacted directly, and as part of the conditions of entry, this is understood and agreed to by the entrant.

11.3 Prizes not claimed by winners within 30 (thirty) days of the results announcement, shall be forfeited without exception.

11.3 Entering a competition does not guarantee the entrant any prizes. Winners are randomly chosen and announced. Winners are final and entrants do not have the right to appeal the results. By entering into any of our competitions, the entrant agrees to these terms.

12. Coupons and Vouchers

12.1 Discount coupons are only valid for the period as published.    

12.2 Vouchers that have been purchased from Oculux shall be valid for a period of 3 (three) years from the date of purchase in terms of the Consumer Protection Act. Any voucher issued as part of any promotion or by our customer care department in good faith or as part of any compensation, compromise or resolution for any claim, shall only be valid for a period of 6 (six) months from the date of issue.  

12.3 Vouchers may not be exchanged for cash. Customers who purchase a voucher and wish to cancel the purchase must do so within 7 (seven) days from purchase date.    

12.4 Where a customer has received a voucher for free as part of a product promotion (e.g buy a specific product and receive a free voucher) and at a later stage a refund or part refund is approved towards the item that was purchased, the free voucher issued shall automatically be cancelled. In the event where this voucher has already been redeemed, the value of such voucher will be deducted from any refund amount due to the client.  

12.5 Vouchers linked with promotions, shall only be issued where the full advertised price has been paid. If any discount was offered to the client for the specific product, the free voucher shall no longer apply to the product offer.

13. Black Friday

13.1 The offer is valid while stocks last and is subject to availability.

13.2 Delivery of orders shall be handled by contracted third-party couriers. Therefore delivery of orders placed during the Black Friday or festive season period could be delayed by up to 3 weeks.

13.3 This offer is valid only for the period as advertised.

14. Governing Law

Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts our actions as they relate to the collection, use and disclosure of Personal Information.

15. Country of domicile

This website is governed by the laws of South Africa and Oculux chooses its domiciliumcitandi et executandi for all purposes under this agreement whether in respect of court process, notice, or other documents or communication of whatsoever nature, 7 Mclean Road, Mill Park, 6001. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts. 

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