TERMS AND CONDITIONS FOR USE OF STYLE IN SIGHT OPTOMETRISTS WEB SITE AND OTHER DIGITAL SERVICES FOR THE ONLINE CONTACT LENS SALES AND ONLINE FRAME AND LENS TERMS OF PURCHASE
TERMS & CONDITIONS
These terms and conditions constitutes the agreement between you, the Customer (hereinafter referred to as “you”, “your” or the “Customer” in this Agreement) and Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview (duly registered as such in terms of the relevant laws of the Republic of South Africa and having Practice Number 0155462 with its principle place of business situated Shop 13 & 14, Village View Centre, Bedfordview, Johannesburg).
Style In Sight Optometrists provides for the online sale of which products include but are not limited to, prescription glasses, contact lenses, sunglasses, accessories and related products subject to the laws and regulations of the Republic of South Africa.
Our Terms and Conditions set forth the terms you are bound to when using/accessing our website, including but not limited to usage, information, transactions, purchase, delivery, cancellation, dispute resolution and contact details.
These Terms and Conditions are reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it complies with Legislation enacted from time to time.
Therefore, by continuing to use or access our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Should you wish not to be bound to the amended Terms and Conditions you may furnish us with written notice by fax or email to terminate this agreement.
Should we decide to amend our Terms and Conditions, we will post those amendments on this page and/or send an email notifying you of any changes (if we have your email address), and/or update the Terms and Conditions modification date on this page.
o In this Agreement, unless inconsistent with or otherwise indicated by the context –
- “Merchant” means a third-party seller of goods and services who may from time to time supply us with goods and/or services that we may sell on this website.
- “Business day” means a day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
- “Claim/s” means any claim of whatsoever nature;
“the Company” means Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview (duly registered as such in terms of the relevant laws of the Republic of South Africa and having Practice Number 0155462 with its principle place of business situated at Shop 13 & 14, Village View Centre, Bedfordview, Johannesburg).
- “Entity” includes any association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, person, trust, undertaking or any other similar entity;
- “Law” means any law of general application and includes The Constitution, The Common Law and any Statute (Legislation), Decree, Treaty, Regulation, Directive, Ordinance, By-law, Order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law within the Republic of South Africa;
- “Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
- “Party/Parties” means Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview and any other person/individual or entity that uses or accesses our Website and/or purchases goods and services from us.
- “Products” means goods and/or services which are sold and displayed on our Website;
- “Purchase” means the purchase of any item or service on/from our website;
- “Purchaser/Consumer” means any person/individual or entity that uses or accesses our Website and utilises the services thereon;
- “Register/Registration” means create an account on our Website/the action of creating an account on our Website;
- “Service” means all or any of the services provided by Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview via the Website or via other electronic or other communication from Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a Purchase;
- “Website” means the Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview (i.e. www.styleinsight.co.za) and any auxiliary website supplementary to our main website.
- any reference to –
- the singular includes the plural and vice versa;
- natural persons includes juristic persons and vice versa;
- any one sex or gender includes the other sexes or genders, as the case may be; and
- any Law means the relevant enactment or legislative measure as at the signature date and as amended or re-enacted from time to time within the Republic of South Africa.
1.2 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definitive clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
1.3 When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day succeeding that day which is not a Saturday, Sunday or Public Holiday.
1.4 Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
1.5 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
1.6 The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
1.7 The use of uppercase or lower case shall not have any impact on the meaning ascribed to any term used in this Agreement, notwithstanding whether such term has or has not been defined in this interpretation clause.
Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access to Information.
2.2 Payment options accepted
Payment may be made via Visa and MasterCard.
2.3 Card acquiring and security
Card transactions will be acquired for (Werner Fromkorth Optometrists Inc) via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.
2,4 Customer details separate from card details
Customer details will be stored by Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview separately from card details which are entered by the client on PayGate’s secure site. For
more detail on PayGate refer to www.paygate.co.za.
2.5 Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
- Our website i.e. www.styleinsight.co.za is owned, operated and directed by Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview, duly registered as such in terms of the relevant laws of the Republic of South Africa and having Practice Number 0155462.
- Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview 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”).
- The website is operated and maintained by Style In Sight Optometrists for the purposes of marketing and facilitating the sale of products, however, all products bought online from the website are sold, dispensed and invoiced by a registered optometrist.
All payments taken on the website by Style In Sight Optometrists are on behalf of the dispensing practice Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview Shop 13 & 14, Village View Centre, Bedfordview, Johannesburg, an Optometric Practice with HPCSA registration number 0155462 by the registered optometrist Werner Fromkorth HPCSA Number: OP0024848 (hereafter “dispensing practice”).
- We have referred to the aforementioned enterprise in this document as “Style In Sight Optometrists”, “us”, “we”, or “our”).
- We are dedicated, devoted and committed to keeping you informed of your rights and obligations in respect of the usage of our website and when transacting with us and accordingly our legal team has developed these Terms & Conditions.
- The Terms and Conditions contained herein are in accordance with the Electronic Communications and Transactions Act No. 25 of 2002, the National Credit Act No. 34 of 2005, the Consumer Protection Act No. 68 of 2008, the Protection of Personal Information Act No. 4 of 2013 and all other applicable legislation enacted in South Africa from time to time.
- TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS AND CONDITIONS
- By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
- To purchase any products or services on our Website or to enter into any legally binding transaction in respect of our Website or related thereto you, must be at least 18 (Eighteen) years old.
- By entering into any transaction with us you confirm and consent that you are at least 18 (Eighteen) years old.
- Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be mislead in this regard.
- The Website and Services contained thereon including any Purchase is directed solely at those who access the Website from the Republic of South Africa.
- We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the Republic of South Africa.
- Should you choose to access the Website (or use the Service or make a Purchase) from locations outside the Republic of South Africa, you do so at your own initiative and are accordingly responsible for the consequences and for compliance with all applicable laws.
PREVENTION ON USE
- We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
- Should we decide to enforce our rights in terms of clause 3.8 hereinabove, you may request reasons for preventing you from using our website in writing within 5 (Five) days after so being prevented, which reasons shall be furnished to you within 14 (Fourteen) days from the date upon which your request has been received.
- The use of the Website, Services thereon, making any Purchase or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.
- We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or Service or to make a Purchase and/or to transact with us.
- We require you to register and create an account to purchase a product or service advertised on our website. Your account allows you to view your past purchases and your account settings, such as username, email address and preferences.
- It is not necessary to register in order to use much of the functionality of our Website. However, you are required to register in order to make a purchase from our Website. This allows us to provide you with easy access to print your orders; view your past purchases and modify your preferences.
- We reserve the right to decline a new registration or to cancel any account at any time.
- Upon completion of registration we will allocate a password to you so that you may access your account. This password should be kept confidential and you should immediately notify us if any unauthorised third party becomes aware of your password or if there is any unauthorised use of your email address or any breach of security known to you.
- You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and our Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- All accounts must be registered with a valid email address that you access regularly, so that, among other things, moderation emails can be sent to you.
- Any account which has been registered with someone else’s email address or with a temporary email addresses may be closed without any further notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
- We reserve the right to cancel or close any account of any user at any given time at our sole discretion.
- TERMS AND CONDITIONS OF SALE
- To purchase any products you confirm, warrant and/or authorise that:
- you are over the age of 18 years;
- your prescription details supplied to the dispensing practice are valid and less than 24 months old and have been given to you by a registered medical practitioner or registered optometrist;
- your prescription details supplied to the dispensing practice are both true and correct;
- the dispensing practice may verify any details reasonably required to confirm that you are eligible to order the products which you ordered;
- your order shall constitute an offer to the dispensing practice which, upon acceptance thereof, will become a legally binding contract between yourself and the dispensing practice in terms of these Terms and Conditions;
- the dispensing practice may confirm that all professional obligations have been complied with and full payment has been received prior to accepting an offer.
- Style In Sight Optometrists online service has not made any representations or warranties as to its goods or services and that you have accepted to purchase such goods and services without any such representations or warranties.
- Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview online service has not has not made any representations or warranties to be a suitable replacement for visiting the Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview Practice, or other Optometric Practice and consulting with a practitioner.
- Your order shall be deemed to be received by the dispensing practice once Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview has confirmed it has been received.
- Upon receiving an order, we will send you an email acknowledging that your order has been received and confirming the details of your order and your order reference number.
- The dispensing practice shall only accept your order upon verification of your prescription and/or 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 to Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview.
- We require full upfront payment to be processed after receipt of your order but prior to the dispensing practice fulfilling your order. Save for instances of error, the prices of any product will be as quoted. Cash prices quoted on our website are discounted cash prices.
- At present, no medical aids are accepted for online purchases unless otherwise arranged and agreed directly with the dispensing practice.
DELIVERY OF ORDERS
- Delivery takes approximately 10 to 15 business days from date of confirmation email for products in stock but may be sooner.
- Deliveries can only be made to addresses within South Africa.
- We are not responsible for delays due to issues that may arise from payment, prescriptions, inaccuracies, strikes, acts of God, supplier non-fulfilment or other reasons.
- Regardless of the delivery option which you have selected at the time of check out, we may require you to collect your order from the dispensing practice under any one or more of the following circumstances:
o Your address is not a residential or business address in South Africa;
o Our courier vendor cannot make delivery to your nominated address or your address is such that it would impose unreasonable costs on Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview;
o If the dispensing practice determines for professional reasons that the final dispense of the product requires the presence of an optometrist or optical dispenser.
- A refund will not be allowed if we are unable to fulfil your order for any delivery related reason. Instead, you will be required to collect your order from the dispensing practice.
REFUNDS. RETURNS AND CANCELLATIONS
- If we are unable to fulfil your order or if you are unsatisfied for any reason (other than for failure to deliver mentioned in clause 4.14) and you have paid for your order in full, we will offer you a choice of a replacement product or a refund of your payment within 7 days of request, less any costs including, but not limited to, payment processing fees, reasonable travel costs incurred by Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview or the dispensing practice and administrative fees.
- If we have made an error and sent you the incorrect or a defective product, you may return the product where Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview will incur delivery costs, provided that the product is returned to us in its original condition and packaging within 7 days (calculated from the date on which goods have been received). Such goods must be returned with all original packaging materials, unused warranty card and instruction booklets.
- Before returning an item, please obtain a return authorisation (“RA”) number by emailing us at email@example.com. Any returns not accompanied by a RA number will not be accepted. The RA number must be clearly written on the outside of the package and/or on the shipping label.
Returns must be sent prepaid and insured for the full price by a traceable carrier to Shop 13 & 14, Village View Centre, Bedfordview, Johannesburg
The buyer will be held liable for lost or unreturned goods.
- 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, 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. As such, refunds are not allowed on prescription lenses as they are personalised. Refunds are also not allowed on sale goods, instead they may be exchanged for a replacement product within 7 days of request, less any costs including, but not limited to, payment processing fees, reasonable travel costs incurred by Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview or the dispensing practice and administrative fees.
PRODUCT, OWNERSHIP AND PRESCRIPTIONS
- Title and risk in the products shall pass to you on delivery to the address set out in your order or upon collection thereof.
- 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:
o Your prescription details are true, correct and current as provided by a registered optometrist, optician or ophthalmic medical practitioner;
o You are not experiencing any discomfort or dissatisfaction with the product you are currently prescribed to wear;
o You know no good reason why the prescription or the order which is subject to the prescription may not be suitable for your requirements.
o 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.
- We are not the supplier of the product or service advertised on our website and therefore we cannot take any responsibility for any harm which you may suffer (such as injury, illness, damage or loss of your property or any consequential or other loss) due to the use of the product or service.
- You indemnify us against any loss, liability or cost incurred by you, arising out of any claims or legal proceedings, which are brought or threatened against us, by any person arising from your use of the Service or Website; the use of the Service or Website through your password and/or any breach of this Agreement by you.
- 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.
- 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. We take all reasonable precautions to protect your personal information however we cannot guarantee the safety of our database nor the transmission of information.
- 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.
- These Terms and Conditions constitute the whole agreement between you and Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview. 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.
- All rights reserved. Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview and the dispensing practice and the dispensing practitioner 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.
- To The extent permissible by applicable law, Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview and the dispensing practice and the dispensing practitioner 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.
- Changes to these Terms and Conditions of Purchase. Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview 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.
- Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview reserves the right to remove and/or terminate a Special and/or Promotional Offer at any time without any notice. Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview 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 available upon request.
- CESSION OF RIGHTS
- Subject to the provisions of this Agreement, the Consumer shall not be entitled to pledge, cede, make over or assign his/her rights and/or obligations in terms hereof without the prior written consent of the Company.
- SECURITY POLICY
- We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
- We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
- After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
- Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or that of our licensors.
- You shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
- None of the material listed may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
- You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
- You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
- All rights (including goodwill and, where relevant, trade marks) in Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview are owned by us (or our licensors).
- Other products and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
- Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
- The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
- Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation.
- If for any reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
- All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
- THIRD PARTY LINKS & ADVERTISEMENTS
- Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore take no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
- GOVERNING LAW
- The Agreement/terms and conditions and/or any dispute arising therefrom shall be governed by the Laws of the Republic of South Africa.
- The Parties shall, in the event that a dispute arises firstly attend to resolve the dispute through mediation by contacting our legal team, the details of which are provided for hereunder, to arrange for such mediation, failing which the matter shall be resolved in accordance with clause 13 herein below.
- Notwithstanding clause 12.2 Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview shall be allowed to approach a court directly for relief in the following instances:
o Claims for unpaid accounts / orders; and
o Seeking an interdict for to prevent usage of Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview intellectual property.
- ARBITRATION AND JURISDICTION
- Save where otherwise provided in this agreement, should any dispute arise between the Parties in connection with: -
- the formation or existence of this agreement;
- the implementation of this agreement;
- the interpretation or application of the provisions of this agreement;
- the Parties’ respective rights and obligations in terms of or arising out of this agreement or the breach or termination of;
- the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of;
- any documents furnished by the parties pursuant to the provisions of clause 12 of this agreement of which relate in any way to any matter affecting the interests of the parties in terms of this agreement, that dispute shall unless resolved amongst the parties to the dispute, be referred to and be determined by mediation in terms of clause 12.2 failing which arbitration shall be concluded in terms of this clause.
- Save as provided in clause 12.3 none of the parties shall be entitled to institute any legal proceedings against the other/any other in connection with any dispute referred in clause 13.1 above unless and until such dispute has been submitted to mediation and arbitration as provided for herein and such mediation and arbitration has been concluded, and then only to the extent that such legal proceedings are not otherwise prohibited in accordance with the provisions of this clause.
- Any party to this agreement may demand that a dispute be determined in terms of this clause by written notice given to the other party.
- The mediation and arbitration shall be held:
o at Johannesburg;
o on the basis that the proper Law of the agreement contained in this clause and the terms and conditions/contract in which this clause is contained shall be governed by the Law of the Republic of South Africa unless provided and expressly stipulated otherwise;
o with only the legal and other representatives of the parties to the dispute present thereat;
o In terms of the Arbitration Act, No 42 of 1965 (as amended) except as otherwise provided in this sub-clause 13.4.4 and in sub-clause 13.7 below, it being the intention that the arbitration shall be held and completed as soon as reasonably possible should the parties fail to mediate the matter successfully.
- The mediator/arbitrator shall be, if the matter in dispute is principally:
- a legal matter, a practicing Advocate or Attorney of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
- an Accounting matter, a practicing Chartered Accountant of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
- any other matter, an independent person, agreed upon between the parties to the dispute.
- Should the parties to the dispute fail to agree whether the dispute is principally legal, accounting or other any matter within 7 (seven) days after mediation was demanded, the matter shall be deemed to be a legal matter.
- The Arbitrator shall have the power to fix all procedural rules for the holding of the arbitration, including discretionary powers to make orders as to any matter which he may consider proper in the circumstances of the case with regard to submissions, pleadings, discovery, inspection of documents, examination of witnesses and any other matter relating to the conduct of the arbitration. The arbitrator may receive and act on all such evidence, whether oral or written, strictly admissible or not, as he in his discretion may deem fit. Unless the arbitrator otherwise expressly direct, the arbitration shall be conducted according to the procedures laid down by the Uniform Rules of the High Court of South Africa as amended and adapted by any special rules or practices applicable in the High Court of South Africa, Local Division.
- The award of the arbitrator shall be final and binding upon all the parties to the dispute (who hereby agree to carry out the award). The parties hereby exclude all rights of appeal that might otherwise be conferred on them by law.
- The arbitrator’s award may be made an order of any court of competent jurisdiction including, for the avoidance of doubt, any court which is authorised to make such an order by virtue of any treaty or legislation to the reciprocal enforcement of foreign arbitration awards or judgments.
- The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division in respect of the proceeding referred to in clause 13.7 and clause 13.9 hereinabove.
- The parties agree to keep the mediation/arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not disclose the same to anyone except for the purposes of the mediation/arbitration proceedings in terms of this clause, any review thereof and obtaining an order in terms of clause 22.9 hereinabove.
- Nothing contained in this clause (13) shall prevent any party from seeking an interdict from any court of competent Jurisdiction, in circumstances justified by Law.
- The provisions of this clause:
o constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions;
o constitute a separate agreement, severable from the rest of this agreement and shall remain in effect despite determination of or invalidity for any reason of this agreement.
- ELECTRONIC COMMUNICATIONS
- The email address/es which you provide for order processing and/or registration, may be used for one or more of the following purposes:
- To send you information and updates pertaining to your order or use of our service;
- To send you information pertaining to your account details and/or status;
- To send you occasional news, updates, related to our Website;
- To send you promotional emails;
- To offer you additional services related to Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview;
- To remind you of the services we offer.
- Kindly note that If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email as well as an account review in which you may specifically indicate as to which communications you would like to receive and those which you would elect to exclude.
- DISCLAIMER OF WARRANTIES & LIMITATION ON LIABILITY
- Each party warrants and represents that it has the full right and authority to enter into this agreement and that it is not aware of any impediment which would inhibit its ability to perform the terms and conditions imposed on him/her/it.
- No waiver of any of the terms and conditions contained on this website will be binding for any purpose unless expressed in writing on this website and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
- The failure of either party to comply with any non-material provision of this agreement/terms and conditions shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.
- WHOLE AGREEMENT
- In the event that any of the clauses of this agreement/terms and conditions are found to be invalid, unlawful or unenforceable, such clause(s) will be severable from the remaining clauses of this agreement/terms and conditions, which will continue to be valid and enforceable. If any invalid clause is capable of amendment to render it valid and enforceable to achieve the same objective as the invalid clause, the Parties agree to negotiate an amendment to remove the invalidity.
- NOTICES & DOMICILIA
- The Seller hereby selects its domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of these terms and conditions, the following address –
- The Seller: Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview
Postal address: Shop 13, Village View Centre, Bedfordview, Johannesburg
Email address: firstname.lastname@example.org
or such other address or telefax number as may be substituted by notice given on the website as required. The Seller will be entitled from time to time to vary its domicilium by written notice on the website to any other address within the Republic of South Africa which is not a post office box or poste restante.
- Any notice addressed to the Seller/Purchaser at its physical or postal address will be sent by electronic mail.
- A notice will be presumed, unless the contrary is proved, to have been given –
- if sent by Electronic mail, on the first business day following the date of sending of such Electronic mail.
- CONTACT DETAILS AND LOCATION
Werner Fromkorth Optometrists Inc t/a Style In Sight Optometrists Bedfordview
PRACTICE NUMBER: 0155462
Address: Shop 13, Village View Centre, Bedfordview, Johannesburg
Tel: 011 455 1077