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Website & Ownership
The website foureyes.co.za (“Website”) is owned by The Optical Studio (hereinafter referred to as Foureyes / “Company” / “us” / “we” / “our” / “Provider”), a close corporation with limited liability duly incorporated in accordance with the laws of the Republic of South Africa. The Website promotes the sale of the Company’s products which include baby goods and accessories (“Products”).
Terms & Conditions
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms. All online purchases from our website are subject to these Terms.
Amended or updated terms
We may periodically update or change the Terms without notice. You should check them from time to time as your continued use of our website will mean you accept any updated or revised Terms.
Law & arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and for information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence or extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Use of our website outside South Africa
Customers who are not resident in South Africa are welcome to use our website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.
Use of our logos, content and images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution are strictly prohibited and constitute an infringement of our intellectual property rights.
Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
Colours
We have made every effort to display the colours of the products that appear on our website, as accurately as possible. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.
Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or their prices on our website. Packaging may vary from that shown on our website.
Pricing Policy
You will be charged the prices that are reflected online, subject to availability.
A delivery fee will be charged for each order placed by you. This delivery fee is subject to area, weight and dimensions and will vary accordingly.
Stock Availability
We cannot always guarantee availability of stock and will endeavor to deliver a substitute item/size where possible, if you have authorized us to do so. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Delivery
Foureyes delivers from Monday to Friday, 10 a.m. till 5 p.m. We do not deliver on Good Friday, 25 December, or 1 January. Items ordered are delivered in three to five days from receipt of payment.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorized to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in these circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorized representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorized representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Returns & Refunds
The replacement of returned Products cannot be guaranteed as this is subject to the availability of stock. The User can only return a Product or request a refund if the Product is damaged prior to delivery, if the Product is faulty on delivery, or if the incorrect product was delivered. In such cases, no returns or refunds will be accepted after 14 (fourteen) days, calculated from the day of signature on the delivery note. The Product must be returned in its original packaging with all accessories. Should a User request a return/refund on receipt of the Product for any reason other than the Product not being damaged, faulty or incorrect the Provider has the right to charge the User for the delivery, administration and handling fees for the return of the Product. The balance will then be refunded to the User within 30 days.
Cancellation
You will only be able to cancel orders up to midnight on the day prior to the date of delivery. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of these Terms.
Risk and Ownership
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.