Terms & Conditions
Terms & Conditions
Who may use the Site?
The Site is for visitors who wish to find out more about L&M Optical and for private consumers who wish to purchase L&M Optical’s products using this Site.
Your Right to Use the Site
Intellectual Property Rights
Accuracy of content
L&M Optical will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but L&M Optical does not warrant that the content of the Site, including any pricing information on the Site, is or will be correct, up to date or error free.
L&M Optical reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.
L&M Optical does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
L&M Optical does not assume any responsibility or risk for your use of the Internet.
Information you submit to the Site
Limitation of Liability
Other that warranties and conditions implied by relevant legislation, the exclusion of which from an agreement would contravene a statute or cause part or all of this clause to be void (“Non-excludable Conditions”), the parties agree to exclude all implied terms, conditions and warranties in relation to the Site (which may include warranties of satisfactory quality, fitness for a particular purpose, merchantability or title).
Except with respect to any Non-excludable Conditions, L&M Optical, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for any direct, indirect, consequential, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise.
With respect to breach of any Non-excludable Conditions by L&M Optical (excluding Non-excludable in respect of which liability may not be limited), L&M Optical limits its liability to, at its option, where the breach relates to goods,repairing or replacing the goods, or where the breach relates to services, supplying the services again
Changes to the Site
Governing Law and Jurisdiction
Terms and Conditions of Supply
If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with L&M Optical, You will be deemed to have understood and accepted these terms and conditions (“Terms”). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.
L&M Optical TERMS AND CONDITIONS OF SUPPLY
- This Agreement is between You, the person placing an order for goods using the L&M Optical Optical website (“You”) and L&M Optical.
1.1 In these Terms:
“Goods” means those products made available by L&M Optical that You wish to purchase, as indicated in Your Order.
“Order” means orders placed in accordance with the provisions of Section 3.1.
“Site” means the website owned and operated by L&M Optical with URL address http://www.lentesandmarcos.com
- Customer Obligations
2.1 By submitting Your Order You warrant, represent and undertake:
2.1.1 that You are aged 18 or over and are not ordering on behalf of another person
2.1.2 to provide any details reasonably requested by L&M Optical to confirm that You are eligible to purchase the Goods
2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use
2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site.
- Orders for Goods
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site or
3.2 Your submission of the Order, represents an offer to purchase the Goods from L&M Optical. L&M Optical may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that L&M Optical will supply any Goods to You.
3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this timemay be rejected by L&M Optical at its absolute discretion.
- Limitations of Supply
4.1 L&M Optical shall make reasonable efforts to meet the requirements You specify in Your Order(s), however We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, L&M Optical will contact You to give You a choice to receive a replacement or a refund. If L&M Optical receives no response from You, L&M Optical may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.
4.2 L&M Optical tries to ensure that the Goods supplied match the descriptions provided on the Site or in our current mail order catalogue. Whilst L&M Optical tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods, and accept that such minor variations will not give You a right to refuse delivered Goods.
4.3 L&M Optical shall, on the advice of its supervising opticians, have absolute discretion as to whether or not to accept an Order.
5.Prices and Payment
5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site or the current mail order catalogue at the time Your Order is placed in accordance with these Terms.
5.2 Unless otherwise stated on the Site, all prices for Goods are in South African Rand.
5.3 While L&M Optical uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its catalogue and on the Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the catalogue or on the Site. If an item is mispriced or if the price has changed since the last catalogue was issued, L&M Optical will contact You and give You the choice to place an Order for the Goods at the correct price or to cancel the Order and receive a refund of any money paid by You.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site and in our mail order catalogue.
- Delivery and Carriage
6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.
Goods that are Defective on Delivery
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods
7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact L&M Optical by email and inform us of the problem within 5 days of delivery of the Goods. If L&M Optical (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed “Defective on Delivery”.
7.2 You must notify L&M Optical immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise L&M Optical within 14 days of delivery of the defect, the Goods will be deemed “Defective on Delivery”.
7.3 If the Goods are Defective on Delivery, L&M Optical will either repair or replace such Goods or refund the price paid for the Goods to You.
7.4 If the Goods are Defective on Delivery, You agree to return the Goods to L&M Optical in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
7.5 Subject to Clause 7.6, L&M Optical shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the reasonable costs of returning the defective Goods.
7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing and delivery) until the returned Goods are received by L&M Optical.
Manufacturing defects in Goods
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods.
8.4 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify L&M Optical immediately.
8.4.1. If You return the defective Goods stating the manufacturing defect to L&M Optical, L&M Optical shall subject to Clause 8.4.2 at its absolute discretion repair or replace such Goods.
8.4.2. L&M Optical shall not repair or replace any Goods if (i) it has not received the defective Goods back from You or (ii) if the defect was caused by misuse or mistreatment of the Goods.
8.4.3. L&M Optical shall pay the costs of the return postage, packing and delivery in relation to the repair or replacement of any Goods returned as a result of a manufacturing defect and shall, upon written request, reimburse You the reasonable cost of returning the defective Goods.
- Transfer of Risk and Title in Goods
9.1 Subject to Clause 7, title in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order provided that L&M Optical has received payment in full for the Goods.
9.2 Subject to Clause 7, risk in the Goods shall pass to You when the Goods are delivered to the delivery address set out in Your Order.
9.3 In the event of cancellation, risk in the Goods remains with You until the Goods are received by L&M Optical.
10.1 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury resulting from that party’s negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods..
10.2 Subject to Clauses 10.1, the total liability of L&M Optical to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by L&M Optical for the Goods to which the Order relates.
10.3 Subject to Clause 10.1, L&M Optical shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
10.4 Subject to Clause 10.1, L&M Optical shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if L&M Optical has been advised of the possibility of such loss or damage.
10.5 Subject to Clause 10.1 L&M Optical shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.
10.6 Subject to Clause 10.1, L&M Optical accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
L&M Optical shall not be liable for failure to comply with these Terms owing to any act or event 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.
Any notice or other communication to be given under these Terms must be in writing, in the case of notices to L&M Optical and in the case of notices to You, by pre-paid post, or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.
- General Provisions
13.1 In the interpretation of these Terms:
13.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and
13.1.2 “including” means including without limitation and includes shall be construed accordingly.
13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
13.3 These Terms incorporate by reference the following additional terms: a) L&M Optical “100% Guarantee”, as published on the Site, b) if the Goods include any item manufactured in accordance with a prescription from registered medical practitioner or optometrist, the “Additional Terms and Conditions for Prescription Eyewear”.
13.4 These Terms and any relevant Order accepted by L&M Optical constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in L&M Optical’s catalogue and sales literature) and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by L&M Optical. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of L&M Optical and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of L&M Optical with You in writing.
13.5 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.
13.6 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.
13.7 These Terms and any relevant Order are governed by the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any dispute arising out of them.
14.1 Summer Sale Campaign
14.1.1 Promotion codes are valid on the total cost of the order before shipping costs and/or applicable taxes are applied.
14.1.2 L&M Optical reserves the right to cancel, edit, shorten or extend promotions at any time.
14.1.3 Only one promotion per order may be applied unless noted specifically in the promotion details.
15.1.1 L&M Optical reserves the right to cancel, edit, shorten or extend promotions at any time.
Optical orders Disclaimer
- That the Retailer and their staff are not registered Optometrists or Dispensing Opticians under the Health Practitioners Competence Assurance Act 2003 and that the Retailer and their staff are not qualified to, and are not in the business of: prescribing optical lenses; carrying out eye examinations; providing any advice or assurances in respect of the suitability of any Prescription for my current needs or in respect of my general eye health;
- That I hold a valid and up-to-date prescription issued to me in my own name by a registered Optometrist or Dispensing Optician in New Zealand under the Health Practitioners Competence Assurance Act 2003 (“the Prescription”); or if I do not hold a valid and up-to-date prescription it is recommended to me that I consult a suitably qualified medical practitioner to examine my eyesight prior to ordering any optical lenses from the Retailer and their staff.
- That I am solely responsible for my own eye health and for ensuring that any optical lenses I may order from the Retailer are suitable for my current needs and that I order the optical lenses at my own personal risk;
- That I have attended all appointments and follow up appointments recommended to me by my Optometrist or Dispensing Optician; and that notwithstanding that I may hold a valid prescription from a registered Optometrist or Dispensing Optician, it is recommended to me that I consult a suitably qualified medical practitioner to undergo regular annual eye examinations to ensure that my lens specification needs are up-to-date and to examine my general eye health to reduce the risk of asymptomatic eye disease.
- That prolonged use of optical lenses that are not suitable to my current needs or that have not been prescribed for my own use may be harmful or damaging to my eyes and that if I experience any headaches, dizziness, pain or other discomfort while wearing any optical lenses I should cease using the optical lenses and consult an Optometrist, Dispensing Optician or other suitably qualified medical professional as soon as possible;
- That the Retailer and their staff have agreed to provide me with optical lenses solely in reliance upon:
- the Prescription I have provided to them; and/or
- the information I have provided to them; and/or
- the optical lenses prescribed to me (“my existing lenses”) which I have provided to the Retailer for the purpose of identifying the lens specifications of my existing lenses with the aid of a Lensometer or similar device designed for such purpose; and that the Retailer and their staff are under no obligation to, and shall not be responsible for checking the validity of any Prescription I have provided to them or for verifying the truth of any information I have provided;
- That I agree to Retailer and their staff using a Lensometer or similar device to match so far as possible my existing lens specifications and that subject to my non-excludable rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, I will not hold the Retailer or their staff liable for any inaccurate identification of my lens specifications arising as a result of the use of any such device;
- That all warranties and representations whether express or implied and whether arising under legislation or otherwise in respect of the suitability, quality, fitness for purpose, condition or otherwise of the goods and services supplied by the Retailer are expressly excluded to the fullest extent permitted by law, provided however that nothing in this clause shall affect my non-excludable rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. To the extent permitted by law, the Retailers aggregate liability to me shall be limited to the repair or replacement of the goods and services by the Retailer or to a monetary amount equivalent to the sum which I have paid to the Retailer for such goods and services.
- That subject to clause 9 above, the Retailer and their staff shall not be held liable at law and in equity for any consequential loss or damage I may suffer in connection with the Retailers supply and services as a result of any inaccurate or outdated prescription, optical lenses or information I have provided to them.
Notwithstanding the above and that the quality of my vision and/or my lens specification needs may have changed since the date of any Prescription or information I have provided to the Retailer and their staff, I nevertheless instruct the Retailer and their staff to provide me with optical lenses in accordance with the information I have provided to them.