TERMS AND CONDITIONS FOR USE OF Camarena Porter Optometrist Inc TA Spectacle World WEB SITE AND OTHER DIGITAL SERVICES
- FOR THE ONLINE CONTACT LENS SALES to current patients
- ONLINE FRAME AND single vision lens and dispensed in practice TERMS OF PURCHASE (Updated 26 July 2019)
- On line pre-paid vouchers
Please read these Terms and Conditions carefully as these are legally binding as set out below upon the use www.spectacleworld.co.za (“the Website”).
any other representations whatsoever.
Transacting Parties. Camarena Porter Optometrist is obliged to comply with the relevant legislation in South Africa governing the sale and dispensing of eye healthcare products including, but not limited to, prescription glasses, contact lenses, sunglasses, accessories and related products (hereinafter referred to as “Products”).
All payments taken on the website by Camarena Porter Optometrist and receipt number will be emailed. Patient information and payment policy form to be signed with all orders.
1.Conditions of Sale for the Camarena Porter Online Eyewear Service. To purchase any prescription eyewear Products you warrant and/or authorise that:
1.1. you are over the age of 18 years;
1.2. you are not ordering prescription eyewear for persons under the age of 18 years of age
1.3. your SINGLE VISION prescription details supplied to the Camarena Porter Optometrist are valid and less than 12 months old and have been given to you by a registered HPCSA medical practitioner / Optometrist . Dispensing and final fitting and collection of spectacles to be completed in the practice.
1.5 Additional measurements and information may be required for your Taylor made optical lens prescription. Camarena Porter Optometrist take time to dispense optical lenses and align the optical centre point of the eye , with the centre point of the new optical lens . We need to measure accurately ,both Pupillary Distance (distance between the eyes) and centre height from the bottom of the frame to the centre of the eye. We discuss different lens designs and lens materials to meet the optical demands for everyday wear.
1.6. Camarena Porter Optometrist will confirm that all professional obligations have been complied with and full payment and receipt copy of ID, has been received prior to accepting an offer.
1.7 Annual eye health basic eye required as by HPCSA
- Reordering of contact lenses within 12 months of last basic eye test including eye health screening. Please complete the contact lens order form.
2.1. you are over the age of 18 years.
2.2. you are not ordering for persons under the age of 18 years of age except where you are the parent or legal guardian of that person;
2.3. your contact lens prescription details are less than 12 months old and have been given to you by a registered optometrist on a letterhead. An eye health contact lens fitting test must be performed on all new patients before dispensing of the contact lenses
2.4. your prescription details supplied to the Camarena Porter Optometrist are both true and optical correct.
2.5. Camarena Porter Optometrist may verify any details reasonably required to confirm that you are eligible to order the Products which you ordered
2.6. the Dispensing Practice may confirm that all professional obligations have been complied with and full payment and copy of ID, has been received prior to accepting an offer.
2.7. Ordering online. Please complete the contact lens re-order form in the practice
2.8 Payment. We require full upfront payment to be processed in the legal currency of the Republic of South Africa after receipt of your order, to complete the order.
2.9 Medical aid payment. Cash prices quoted on our website are discounted cash prices. If you would like us to claim medical aid benefits on your behalf, please note that the Dispensing Practice is obliged to follow all rules and regulations relating to medical aid payments. By choosing the Medical Aid payment option, you authorise us to claim your benefits on your behalf. You will be required to settle any co-payment or shortfall in the amount due. In the event that the Medical Aid pays the Dispensing Practice more than what is expected and confirmed, the balance will be refunded to you.
2.10 Delivery. Regardless of the delivery option you selected at the time of check out, we may require you to collect your order from a Dispensing Practice if any one or more of the following applies:
2.10.1. Your address is not a residential or business address in South Africa;
2.10.2. Our courier vendor cannot make delivery to your nominated address or your address is such that it would impose unreasonable costs on Camarena Porter Optometrists
2.10.3 If Camarena Porter Optometrist determines for optometric professional reasons that the final dispense of the Product requires the presence of an Optometrist or Optical Dispenser.
2.11 Quoted courier delivery times and fulfilment. The delivery times quoted on our website are estimates only. Deliveries can only be made to addresses within South Africa. We aim to achieve world class service and to get your product to you as quickly as possible. However, we are not responsible for delays due to: issues with your payment (including medical aids), issues verifying your prescription, inaccuracies in the information you have provided us, strikes, acts of god, supplier non-fulfilment and delays, Medical Scheme claim issues and payment issues and other issues beyond our control. Generally, the following will delay delivery of your order:
2.11.1. You opting to use Medical Aid payments.
2.11.2. Any other issue with your payment.
2.11.3. You are using a 3rd party optometrist’s prescription and Camarena Porter Optometrist has issues validating that prescription.
2.11.4. You are providing us inaccurate information about your address, order details and other personal information.
2.11.5. Limitations of Supply – we cannot guarantee the availability of products.
2.12. Non-fulfilment. If we are unable to fulfil your order, either due to supplier stock shortages or difficulty in verifying your prescription, your non-compliance with clause 8, or any other reason, and you have paid for your order, we will offer you a choice of replacement product and/or refund your payment within 7 days, less any costs including, but not limited to, payment processing fees, reasonable travel costs incurred by Camarena Porter Optometrists and administrative fees.
2.13. Returns. If we have made an error and sent you the wrong Product, you may return the Product at Camarena Porter Optometrists, reasonable cost for a full refund. Damaged Products may not be returned. The rights granted under this clause are in addition to the rights you have under consumer protection legislation applicable to your purchase. You have a legal obligation to take reasonable care of the Products while they are in your possession. Between the date of your receipt of the Products and the date the product is returned to Camarena Porter Optometrists, you shall bear all risk in keeping the Products safe, secure and free from loss or damage.
2.14. Risk. Title and risk in the Products shall pass to you on delivery to the address set out in your order.
2.15. Your prescription. At checkout, you are required supply valid and current prescription on the specific optometrist letterhead for the applicable healthcare Product. You consent to Camarena Porter Optometrist, undertaking the required steps to validate your latest optical prescription. If you do not have a valid current prescription on file , Camarena Porter Optometrist , your order may be delayed while we verify your optical prescription. This includes spectacle frames suitable to fit lenses to correct errors of refraction and suitable lenses. By placing an order for single vision lenses you are confirming that:
2.16.1. your prescription details are true, updated and correct and current as provided on a letterhead by a registered optometrist, optician or ophthalmic medical practitioner.
2.16.2. you are not experiencing any discomfort or dissatisfaction with the product you are currently prescribed to wear.
2.16.3. you know no good reason why the prescription or the order which is subject to the prescription may not be suitable for your requirements.
2.16.4. you acknowledge and understand that we may require you to make an appointment with a registered optometrist to obtain a valid and recent prescription before we process your order.
2.17. Cancellation. A customer is entitled to cancel any transaction without any penalty within seven days of receipt of Products in terms of Section 44 of the Electronic Communications and Transactions Act, 2002 (“Cooling-off Period”), however:
2.17.1. the Cooling-off Period does not apply to any electronic transaction where the Products are made to the customer’s specifications, clearly personalised and/or by reason of their nature cannot be returned and accordingly does not apply to prescription eyewear;
2.17.2. the Returns provision contained herein shall still apply.
2.18. Declaration and informed consent. You understand and declare that you have been informed that you give consent for Camarena Porter Optometrist to access any records relating to the following for the purposes of fulfilling an online order:
18.1. Information relating to previous consultations at Dispensing Practices including, but not limited to, the date of previous consultations, eye health information, prescription information and all other data normally used in the course of Camarena Porter Optometrist exercising its professional work and obligations.
2.18.1. Information relating to your previous orders Camarena Porter Optometrist.
2.18.2. Your demographic, Medical Aid and address / contact information.
2.19. Acceptance of the Online Terms and Conditions. By indicating your acceptance of the Terms and Conditions on the order and checkout page, you warrant that you have carefully read, understood and agree to be bound in terms hereof. If you do not agree to these Terms and Conditions in their entirety, you must not place an online order. You further declare that:
2.19.1. It is my right to withdraw this consent in writing at any time or for any specific treatment or intervention.
2.19.2. I have been informed of the purpose for which my or my dependent’s prescription and previous order records are required, and I give consent for their release for this purpose. I acknowledge that such purpose is legitimate and in my interests.
2.19.3. I authorise my optometrist/optometric practice to provide the relevant medical records and information upon my acceptance of this declaration and consent form.
2.19.4. The information contained in the patient prescription and previous medical records will be relied on to fulfil the online order and Camarena Porter Optometrist will not always clarify that information with the optometrist/optometric practice.
2.19.5. I have disclosed all my medical conditions, medications, and any other related information to the optometrist who rendered my prescription, and confirm that my prescription is a valid prescription which has not exceeded the expiry date annotated on it, been issued by a registered optometrist and the data concerning the optical prescription and eye health condition of my eyes corresponds to the data found on my current prescription.
2.19.6. Subject to the purpose set out herein, all information provided to the optometric practice who did my prescription will be treated with the utmost confidentiality.
2.19.7. Such consent was given freely and not made under duress.
2.20. Your personal information. By using this Website and ordering Products, you give us permission to collect and retain certain information from you on the website for the purpose of facilitating sales and conducting marketing activities on behalf of Camarena Porter Optometrists, including your name, address, medical aid details and other personal information. We do not store your credit card details. We will only collect, process, use and/or disclose your personal information with your express written permission, unless otherwise required by law. We take all reasonable precautions to protect your personal information however we cannot guarantee the safety of our database nor the transmission of information.
2.21. Communication with us. You agree that we will first try contact you with modern messaging platforms, including WhatsApp, SMS and email, before other methods of communication. If you have any concerns or would like to contact us about your order, and have not heard from us on the above platforms, please contact us at email@example.com
2.22. Severability. If any of these Terms and Conditions are by law deemed to be invalid, void, or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability thereof.
2.23. Whole Agreement. These Terms and Conditions constitute the whole agreement between you and Camarena Porter Optometrist. 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.
2.24. All rights reserved. Camarena Porter Optometrist reserve all our statutory, common law and other rights in providing this service to you. Furthermore, we disclaim all liability in cases where you provide inaccurate, misleading or false information and/or misuse of your personal information by unauthorised third parties.
2.25. Liability. To The extent permissible by applicable law, Camarena Porter Optometrist shall not be liable to you or any other party for any consequential, direct or indirect loss or damage, arising out of or in connection with these Terms and Conditions or your order in any manner whatsoever however caused.
2.26. Force Majeure. Camarena Porter Optometrist shall not be liable for failure to comply with these Terms and Conditions owing to any act beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock outs, industrial action, war, disease or fire.
2.27. Changes to these Terms and Conditions of Purchase. Camarena Porter Optometrist will have the right to amend these Terms and Conditions from time to time as may be reasonably necessary by publishing the changes on the website. The Terms and Conditions as amended will be effective upon being published.
3.Camarena Porter Optometrist TERMS AND CONDITIONS WITH REGARD TO ALL Camarena Porter Optometrist SPECIALS AND/OR PROMOTIONAL OFFERS AND VOUCHERS
- The Special and/or Promotional Offer by Camarena is a prepaid cash Offer.
- Only the prospective patient may accept the Special and/or Promotional Camarena Porter Optometrist Offer and such Offer may only be accepted by the patient in person and supplying copy of ID number.
- The Camarena Porter Optometrist Special and/or Promotional Offer may only be accepted by the patient in person at the practice with receipt number and ID document to confirm details.
- In accepting the Special and/or Promotional Offer at Camarena Porter Optometrist, the patient may not be represented by an agent and/or any other third party acting on behalf of the said patient.
- No third party whatsoever may accept the Special and/or Promotional Camarena Porter Optometrist Optical Offer on behalf of a patient, and especially not a Medical Aid and/or a Managed Health Care Organisation or any person acting on behalf of a Medical Aid and/or Managed Health Care Organisation.
- Notwithstanding anything to the contrary contained herein, a patient who is a minor may be represented by his/her legal guardian in the acceptance of the Camarena Porter Optometrist Special and/or Promotional Offer.
- No general acceptance of the Camarena Porter Optometrist Special and/or Promotional Offer by whosoever shall be a valid acceptance.
- Payment for the Camarena Porter Optometrist Special and/or Promotional Offer shall be effected by the patient only, and not by a Medical Aid and/or a Managed Health Care Organisation or by anyone else acting on behalf of such a Medical Aid and/or Managed Health Care Organisation.
- Full payment for the Camarena Porter Optometrist Special and/or Promotional Offer shall be effected by the patient immediately on the receipt of the relevant services and/or of the goods, but before such patient leaves the premises of the relevant Camarena Porter Optometrist practice.
- Camarena Porter Optometrist reserves the right to waive any of the above mentioned Terms and Conditions in a specific instance and such waiver shall not be construed by any party as a general waiver of any Term and Condition herein and such waiver shall further not amend these Terms and Conditions and Camarena Porter Optometrists shall not be bound by any other party whatsoever to such waiver.
- Additional Terms and Conditions may apply to specific special and/or promotional offers.
- Vouchers are for single use only with a copy of receipt and ID document
- Vouchers are valid for 6 months only from date of issue unless otherwise indicated.
- Vouchers can only be used at Camarena Porter Optometrist Inc
- Medical aid rates may differ for the prepaid cash Basic Eye Test including eye health screening voucher
- Vouchers may not be exchanged for cash
- Vouchers are pre-paid cash prices only.