TERMS AND CONDITIONS FOR USE OF TORGA OPTICAL PTY LTD (“Torga”) WEB SITE AND OTHER DIGITAL SERVICES
TERMS AND CONDITIONS FOR ONLINE CONTACT LENS SALES (THE TORGA EASY CONTACT LENS SERVICE ("Torga ECLS")) UPDATED 28 NOVEMBER 2018
- 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.
- Best Effort, No Warranty. While we will make our best efforts to provide the Torga ECLS service to you, it is provided as a convenience. We cannot provide a warranty that the Torga ECLS service meets your needs or is a suitable replacement for visiting a Torga Practice or other Optometric Practice and consulting with a practitioner there.
- Transacting Parties. Torga is obliged to comply with the relevant legislation in South Africa governing the sale and dispensing of contact lenses. We additionally abide by international best practice where appropriate. www.torgaoptical.co.za is operated and maintained by Torga for the purposes of marketing and facilitating contact lens sales ("The website"). However, all contact lenses bought online from the website are sold, dispensed and invoiced by a registered practice in the Torga group ("The Dispensing Practice"). All payments taken on the website by Torga are on behalf of the Dispensing Practice.
The Dispensing Practice is Mev A.E. De Beer T/A Torga Optical Woodlands, an Optometric Practice with registration number OP 0680036.
For the avoidance of doubt, Torga is not a registered Optometrist and we do not sell or dispense Contact Lenses, nor do we provide professional advice. Rather, we connect you easily with a Registered Dispensing Practice in our group that does.
- Quoted delivery times and fulfilment. The delivery times quoted on our website are estimates only and are quoted in Business Days. 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:
- Your opting to use Medical Aid payments;
- Any other issue with your payment;
- You using a 3rd party optometrist's prescription or if the Dispensing Practice has issues validating that prescription;
- You providing us inaccurate information about your address, order details and other personal information.
- Risk. Title and risk in the products shall pass to you on delivery to the address set out in your order.
- Payment. We require full upfront payment prior to us fulfilling your order.
- 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.
- Your contact lens prescription. At checkout, you are required to confirm that you have a valid and recent contact lens prescription. The Dispensing Practice will take the customary and required steps to validate your prescription. If you do not have a valid contact lens 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.
By placing an order you are confirming that your prescription details supplied are true, correct and recent as provided by a registered optometrist. You also confirm that you are not experiencing any discomfort or dissatisfaction with the product you are currently prescribed to wear and that you know no good reason why the prescription or the order which is subject to the prescription may not be suitable for your requirements. We may also require you to make an appointment with a registered optometrist to obtain a valid and recent prescription before we process your order.
- 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.
- 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 would like to contact us about your order, and have not heard from us on the above platforms, please email email@example.com.
- Returns. If we have made an error and sent you the wrong product, you may return the product for a full refund. Opened and/or 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.
- Non-fulfilment. If we are unable to fulfil your order, either due to supplier stock shortages or difficulty in verifying your prescription or any other reason, and you have paid for your order, we will refund your payment within 7 days.
- Severability. If any of the terms and conditions of the Torga ECLS is 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.
- 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.
- 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 or indirect loss or damage, arising out of or in connection with the Torga ECLS or your order in any manner whatsoever however caused
- Force Majeure. Torga shall not be liable for failure to comply with the Torga ECLS 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.
TORGA TERMS AND CONDITIONS WITH REGARD TO ALL TORGA OPTICAL SPECIALS AND/OR PROMOTIONAL OFFERS AND VOUCHERS
- The Special and/or Promotional Offer by Torga is a cash Offer.
- Only the prospective patient may accept the Special and/or Promotional Torga Offer and such Offer may only be accepted by the patient in person.
- The Torga Special and/or Promotional Offer may only be accepted by the patient in person at the specific premises of the relevant Torga Practice.
- In accepting the Special and/or Promotional Torga Offer, 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 Torga 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 Torga Special and/or Promotional Offer.
- No general acceptance of the Special and/or Promotional Torga Offer by whosoever shall be a valid acceptance.
- Payment for the Special and/or Promotional Torga 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 Special and/or Promotional Torga 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 Torga practice.
- Torga 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 Torga shall not be bound by any other party whatsoever to such waiver.
- The Special and/or Promotional Offer by Torga may differ between individual practices with regards to the specific duration and/or times when a specific Offer may be available and the patient may contact the relevant Torga practice in order to enquire in this regard.
- The Special and/or Promotional Offer may be available at specific practices only and you must enquire whether the Torga in your area participates in the Special and/or Promotional Offer.
- You may also call the Torga Call Centre in this regard to enquire at number 08600 TORGA.
- Torga reserves the right to remove and/or terminate a Special and/or Promotional Offer at any time without any notice.
- Torga further reserves the right to modify, suspend, withdraw or discontinue, temporarily or permanently the Special Offer and/or Promotion in whole or in part at any time whatsoever without any notice.
- Additional Terms and Conditions may apply to specific special and/or promotional offers.