TERMS AND CONDITIONS FOR USE OF TORGA OPTICAL PTY LTD (“Torga”) WEB SITE AND OTHER DIGITAL SERVICES
FOR THE ONLINE CONTACT LENS SALES (THE TORGA EASY CONTACT LENS SERVICE ("Torga ECLS")) AND ONLINE FRAME AND LENS (“TORGA ONLINE EYEWEAR SERVICE”) TERMS OF PURCHASE (Updated 16 April 2019)
Please read these Terms and Conditions carefully as these are legally binding as set out below upon the use of www.torgaoptical.co.za (“the Website”).
1. About the Torga ECLS and its purpose. Habitual and occasional contact lens wearers have, for many years, visited and/or telephoned their Optometrist's practice for the purpose of re-ordering their contact lenses based on their previous order of contact lenses and their valid and recent prescription. The Torga ECLS aims to provide the same functionality and assurance as visiting or calling a practice to re-order contact lenses, while using the tools of the digital era to make the business process even more easy, accurate, convenient and professional. Please read the Torga ECLS carefully as these are legally binding upon the order of any contact lenses on the Website and supersede any other representations whatsoever.
2. About Torga Online Eyewear Service and its purpose. This online service is provided to enable the Optometric practices in the Torga Optical Group to better serve their client base, and to connect new customers to the Torga Optical Practice Network, by means of modern digital platforms. Please read these Terms and Conditions carefully as these are legally binding upon the order of any frames and lenses on the Website and supersede any other representations whatsoever.
3. Transacting Parties. Torga is obliged to comply with the relevant legislation in South Africa governing the sale and dispensing of healthcare products including, but not limited to, prescription glasses, contact lenses, sunglasses, accessories and related products (hereinafter referred to as "Products"). We additionally abide by international best practice where appropriate.
3.1. The Website is operated and maintained by Torga for the purposes of marketing and facilitating sales of the Products, however, all Products bought online from the Website are sold, dispensed and invoiced by a registered practice in the Torga group ("The Dispensing Practice").
3.2. All payments taken on the website by Torga are on behalf of the Dispensing Practice. Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order. If you have already visited a Torga practice and that practice has captured your information in Torga’s cloud based platform, that practice will be the dispensing practice. In all other cases, the Dispensing Practice will be Mev A.E. De Beer T/A Torga Optical Woodlands, an Optometric Practice with HPCSA registration number 0680036.
For the avoidance of doubt, Torga is not a registered Optometrist and we do not sell or dispense healthcare Products, nor do we provide professional advice. Rather, we connect you easily with a Registered Dispensing Practice in our group that does. Torga Optical Pty Ltd is not the transacting party for any sale of prescription eyewear and/or contact lenses
4. Conditions of Sale for the Torga Online Eyewear Service. To purchase any prescription eyewear Products you warrant and/or authorise that:
4.1. you are over the age of 18 years;
4.2.you are not ordering prescription eyewear for persons under the age of 18 years of age
4.3.your prescription details supplied to Torga are valid and less than 24 months old and have been given to you by a registered medical practitioner or registered optometrist;
4.4.your prescription details supplied to Torga are both true and correct;
4.5.Torga may verify any details reasonably required to confirm that you are eligible to order the Products which you ordered;
4.6.your order shall constitute an offer to Torga which, upon our acceptance thereof, will become a legally binding contract between yourself and Torga in terms of these Terms and Conditions;
4.7.Torga will confirm that the Dispensing Practice is satisfied that all professional obligations have been complied with and full payment has been received prior to accepting an offer.
5. Conditions of Sale for Torga ECLS. To purchase any contact lenses you warrant and/or authorise that:
5.1. you are over the age of 18 years;
5.2.you are not ordering prescription eyewear for persons under the age of 18 years of age except where you are the parent or legal guardian of that person;
5.3.your prescription details supplied to Torga are less than 12 months old and have been given to you by a registered medical practitioner or registered optometrist;
5.4.your prescription details supplied to Torga are both true and correct;
5.5.Torga may verify any details reasonably required to confirm that you are eligible to order the Products which you ordered;
5.6.your order shall constitute an offer to Torga which, upon our acceptance thereof, will become a legally binding contract between yourself and Torga in terms of these Terms and Conditions;
5.7.Torga will confirm that the Dispensing Practice is satisfied that all professional obligations have been complied with and full payment has been received prior to accepting an offer.
6. Best Effort, No Warranty for the Service Provided. While we will make our best effort to provide the Torga online service to you, it is provided as a convenience. We cannot provide a warranty that the Torga online service meets your needs or is a suitable replacement for visiting a Torga Practice or other Optometric Practice and consulting with a practitioner there. Any product sold using this service is covered by Torga’s separate product warranty.
7. Ordering online. Your order shall be deemed to be received by us once we have confirmed we have received it. Upon receiving an order, we will send you an email acknowledging that we have received your order and confirming the details of your order and your order reference number. Torga shall only accept your order upon verification of your prescription and upon your receipt of an email confirming that the Product(s) you ordered have been accepted. The order and acceptance thereof shall lapse if there is an error made on the Website which may include, amongst others, advertising, promotional and pricing errors. In such event, compensation will be limited to a full refund of monies paid.
8. Additional measurements and information required to fulfil your order. In some cases the dispensing practice will require additional measurements to fulfil your order. You may be required to use an electronic Pupillary Distance measurement tool and/or be required to visit a practice in the Torga Optical group for a professional to take your measurements or to collect additional information. While we regret the inconvenience this may cause, the nature of the product and the dispensing practices’ professional obligations may require it.
9. Payment. We require full upfront payment to be processed in the legal currency of the Republic of South Africa after receipt of your order but prior to us fulfilling your order. Save for instances of patent error, the prices of any Product will be as quoted.
10. 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.
11. 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:
11.1. Your address is not a residential or business address in South Africa;
11.2. Our courier vendor cannot make delivery to your nominated address or your address is such that it would impose unreasonable costs on Torga;
11.3. If the dispensing practice determines for professional reasons that the final dispense of the Product requires the presence of an Optometrist or Optical Dispenser.
12. 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:
12.1. You opting to use Medical Aid payments;
12.2. Any other issue with your payment;
12.3. You using a 3rd party optometrist's prescription or if the Dispensing Practice has issues validating that prescription;
12.4. You providing us inaccurate information about your address, order details and other personal information;
12.5. Limitations of Supply – we cannot guarantee the availability of products.
13. 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 Torga or the dispensing practice and administrative fees.
14. Returns. If we have made an error and sent you the wrong Product, you may return the Product at Torga’s 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 Torga, you shall bear all risk in keeping the Products safe, secure and free from loss or damage.
15. Risk. Title and risk in the Products shall pass to you on delivery to the address set out in your order.
16. Your prescription. At checkout, you are required to confirm that you have a valid and current prescription for the applicable healthcare Product. You consent to the Dispensing Practice undertaking the required steps to validate your prescription. If you do not have a valid prescription on file at the Dispensing Practice or the Dispensing Practitioner is not easily able to verify your prescription, your order may be delayed while we verify your prescription. This includes spectacle frames suitable to fit lenses to correct errors of refraction and suitable lenses. By placing an order you are confirming that:
16.1. your prescription details are true, correct and current as provided by a registered optometrist, optician or ophthalmic medical practitioner;
16.2. you are not experiencing any discomfort or dissatisfaction with the product you are currently prescribed to wear;
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.
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.
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:
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;
17.2. the Returns provision contained herein shall still apply.
18. Declaration and informed consent. You understand and declare that you have been informed that you give consent for the Dispensing practice 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 the Dispensing practice exercising its professional work and obligations;
18.2.Information relating to your previous orders from Dispending Practices;
18.3.Your demographic, Medical Aid and address / contact information.
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:
19.1. It is my right to withdraw this consent in writing at any time or for any specific treatment or intervention.
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.
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.
19.4. The information contained in the patient prescription and previous medical records will be relied on to fulfil the online order and Torga will not always clarify that information with the optometrist/optometric practice.
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 condition of my eyes corresponds to the data found on my current prescription.
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.
19.7. Such consent was given freely and not made under duress.
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 the Dispensing Practice, including your name, address, medical aid details and other personal information. This information will be provided to the dispensing practice. 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.
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 email email@example.com.
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.
23. Whole Agreement. These Terms and Conditions constitute the whole agreement between you and Torga. 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.
24. All rights reserved. Torga and the Dispensing Practice 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 to us or the Dispensing Practice and/or misuse of your personal information by unauthorised third parties.
25. Liability. To The extent permissible by applicable law, Torga and the Dispensing Practice 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.
26. Force Majeure. Torga 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.
27. Changes to these Terms and Conditions of Purchase. Torga 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.
TORGA TERMS AND CONDITIONS WITH REGARD TO ALL TORGA OPTICAL SPECIALS AND/OR PROMOTIONAL OFFERS AND VOUCHERS