Execuspecs Online Terms and Conditions of Purchase (“Terms and Conditions of Purchase”)
(Last updated on 16 November 2016)
Welcome to the Execuspecs 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.
Debit order consent and authorization
- I hereby authorise you through the debit order system known as Effortless, to withdraw the agreed upon amount from my bank account on a demand basis. .
- I understand that the withdrawals hereby authorised will be processed through EFT Debit Transactions or through NAEDO and I understand that the details of each withdrawal will be printed on my bank statement.
- I understand that it is my obligation to ensure that there are sufficient funds in my account to honour the withdrawal and that NAEDO tracking may apply for up to 30 days. Should the withdrawal be returned unpaid, for whatever reason, I understand that my order shall not be delivered until shall time as payment is honoured.
- I acknowledge that the party hereby authorised to effect drawing(s) against my account may not cede or assign any of its rights to any third parties without my prior consent and I may not delegate any of my obligations in terms of this contract/authority to any third party without my prior written consent of the authorised part.
Terms and conditions of purchase
- These Terms and Conditions of Purchase are applicable to any purchases made online at www.execuspecs.co.za (the “website").
- By placing orders through this website you are offering to contract with Execuspecs 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.
- These Terms and Conditions of Purchase, in combination with the order form, constitute the entire agreement between us.
- Our acceptance of your order (offer) constitutes a legally binding contract between us on the terms and conditions contained herein
The ordering process (applicable to once off purchases)
- The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.
- 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.
- Upon receiving an order, we will send you an email acknowledging that we have received your order and confirming the details of your order along with a unique order reference number (“order confirmation” or “confirmation of order”).
- Your offer to purchase a product is accepted by Execuspecs when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched.
- Execuspecs may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Execuspecs 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, Execuspecs 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.
- You cannot cancel an offer to purchase once such offer to purchase has been presented to Execuspecs.
Limitations of Supply
- Execuspecs 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, Execuspecs will contact you and offer you a suitable alternative or refund. If Execuspecs receives no response from you, Execuspecs may, in its sole and absolute discretion, provide replacement products of an equivalent quality and/or specification, or cancel the order and provide a refund (see our Exchange Policy).
- All payments must be in the legal currency of the Republic of South Africa;
- Payment will be made at the time the order is placed prior to confirmation of order.
- All prices are inclusive of Value Added Tax (if applicable) but exclude delivery charges.
- The price of any product will be as quoted except in cases of obvious error.
- Prices may vary from time to time, but these variations shall have no impact on the prices contained in the order confirmation.
- Execuspecs accepts credit or debit card payments. Credit/debit card details will be encrypted to minimize the risk of unauthorized access or disclosure.
- Delivery charges may vary in accordance with the distance from the depot to the Customer’s location and in accordance with the size and/or weight of the parcel. The Customer is liable to pay the delivery charges associated with their order unless the Customer purchases a solution in addition to their order then the delivery is free.
Contact Lens customer
- By placing an order you are confirming that:
- you are over the age of 18 years;
- 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
- 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;
- The data you provide to Execuspecs concerning the condition of your eye sight corresponds to the data found on your current prescription;
- 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.
- Execuspecs reserves the right to request any details reasonably required to confirm that you are eligible to order the products you wish to acquire
Club members (also applicable to once-off purchases):
- Only Customers with a legitimate and verified prescription not older than 12 months qualify to order contact lenses (“the Product”) online.
- Customers are advised to have sufficient funds in their nominated bank account to honour their monthly debit order. Failure to honour your payments will result in breach of contract and non-supply of the Product. In the event that payment is dishonoured Customers shall be notified immediately thereof via SMS or email. Alternative payment options of EFT, bank deposit and credit card can be used by non-club members.
- The Customer indemnifies Execuspecs Online 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.
- 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.
- 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, at the same store who issued it, prior to the expiry of its prescription. A prescriptions issued to a contact lens wearer is only valid for 12 months as per the rules stipulated by the HPCSA.
- Throughout the valid prescription period recurring orders shall be dispatched to the customer automatically upon the honoring of the debit order.
- 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 Execuspecs website’s proper performance is reliant on.
- 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.
- Product warranties and guarantees are issued by the Manufacturer of the Product and the Customer is aware thereof and accepts same.
- Order Cancellations – customer can cancel 5 days before their debit order.
- Club cancellations – customer can opt-out from the club by visiting your nearest store or by calling the Execuspecs call center, effectively cancelling their subscription to the club. 5 day notice period is applicable again for cancellation of debit orders.
- A Customers whom successfully refer a friend to the contact lens club, the same friend must join the club and order contact lenses, shall receive a coupon or gift from Execuspecs. The coupon is only redeemable at a Execuspecs store or on the Execuspecs website.
Delivery of goods
- Execuspecs 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.
- 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 Execuspecs will do its utmost to adhere to this provision.
- Deliveries can only be made to addresses within the borders of South Africa. We currently do not ship to addresses outside of the Republic of South Africa.
- Execuspecs deliveries are not free of charge, unless the Customer purchases a solution as an additional product to its order, within South Africa, either to your door or to your nearest Execuspecs Store, depending on where you’re located.
- Deliveries will take place within 10 business days of the acceptance of your order.
- A unique waybill number will be communicated to you via email which can be used to track the status of your order.
- Delivery will be during business hours so please ensure that someone will be available to receive the parcel at the address specified.
- 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.
- 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.
- Proof of ID may be requested to verify authenticity of purchaser.
This Delivery Policy is only valid for merchandise purchased via the Execuspecs 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)
- 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.
- Section 44 does not apply to any electronic transaction where the goods –
- are made to the customer’s specifications;
- are clearly personalized;
- by reason of their nature cannot be returned.
- Section 44 is therefore not applicable to prescription eyewear which has been specifically ordered to a customer’s specifications. Execuspecs’ Exchange Policy will, however, still apply.
- To cancel the Agreement you must contact us to request a return reference and the relevant return address.
- 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 Execuspecs, you shall bear all risk in keeping the products safe, secure and free from loss or damage.
Passing of Ownership
- Title in the products shall pass when the products are delivered to the delivery address set out in your order, provided that Execuspecs has received payment in full for the products.
- Execuspecs 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.
- 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 at email@example.com.
- Only products which are returned to Execuspecs without a broken box seal are acceptable. Please refer to our Return Policy.
- Any liability of Execuspecs(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.
- Liability for indirect damages or consequential loss, however it arises, is excluded to the extent permitted by law.
- 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.
- Without prejudice to the provisions set out above, Execuspecs 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.
- Neither Execuspecs nor you will be obliged to fulfill 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 Execuspecs control, but as a consequence of which Execuspecs is unable to fulfill its obligations.
- While a Force Majeure continues to operate, Execuspecs 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 Execuspecs as terminated without further obligation to the other.
- If Execuspecs has already fulfilled its obligations under any Agreement in partwhen the Force Majeure occurs, Execuspecs will be entitled to charge you for that fulfilled part.
- Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, Execuspecs shall return to you the amount paid.
- 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.
- The Manufacturer’s warranty applicable between Manufacturer and supplier/distributor is also applicable between supplier/distributor and Customer in respect of the Product.
- Please click here to read our exchange policy.
- Ancillary thereto Execuspecs shall bear the cost to have the product returned to it only if the incorrect product was dispatched or the product is damaged or defective.
- In all other instances the customer shall be liable for the cost to return the product to Execuspecs.
- The customer shall receive a refund within 7 days of the product being received by Execuspecs and an exchange within 10 days from the product being received by Execuspecs.
Changes to the Terms and Conditions of Purchase
- Execuspecs 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.
- 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).
- 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.
- This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.
- 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.
- These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of South Africa.
- 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.