I. TERMS AND CONDITIONS
The following commonly used terminology at this Website mean:
a. “Affiliates” mean in relation to us, another company that is a direct or indirect subsidiary of, or a direct or indirect holding company of, or another direct or indirect subsidiary of such a direct or indirect holding company of, us;
b. “Business Partners” mean:
(1) those persons or bodies corporate with whom we enter into arrangements with to promote and/or offer our Products and our Services; and to procure visitors to this Website with a view to using the Services;
(2) those persons or bodies corporate with whom we enter into arrangements with for promoting marketing and offering for sale of our services and/or products, whether available on this Website or otherwise (including those of our Affiliates); and
(3) our Affiliates;
c. “Intellectual Property Rights” mean all copyrights, design rights, patents, trade marks, trade secrets, know-how, “look and feel” of this Website and its content (visual and aural) and other intellectual property rights (whether registered or unregistered) and any applications for any of them and any rights of any such nature anywhere in the world;
d. “Net Price per Unit” refers to the Selling Price of each unit of Product after apportioning (where applicable) and deducting discounts, promotions or other price reductions offered by us;
e. “Order” means an order for Products placed by you and allocated an order number by us;
f. “Personal Data” means personal data as defined under the Personal Data (Privacy) Ordinance, Cap. 486 of the Laws of Hong Kong;
g. “Products” mean the products made available to you at this Website;
h. “Selling Price” refers to the price of each Product as listed on this Website;
i. “Registration Details” mean the information you supply to us when you register to use the Services;
j. “Services” mean the services made available to you at this Website, and incidental services, like after-sales, payment processing and delivery;
k. “Stores” mean physical retail store or stores operated by our Affiliates and who are our authorised retailers;
l. “we”, “us” or “our” means OPTICAL 88 Eyecare (M) Sdn. Bhd. and its successors and assigns;
m. “Website” means this Website at eshop.optical88.com.my; and
n. “you” or “your” means you
where use of plural terminology includes the singular and vice versa.
2. PRICING AND DISCOUNTS
All prices listed here apply to purchases at this Website only. All other discounts or promotions which are not available through this Website are not valid for purchases.
We may vary the prices at this Website at any time without prior notice.
3. PERSONAL USE
All Products sold are for personal use only. Material and information posted on our Website are for personal use only. No re-sale or other commercial use is allowed.
4. WHEN WE ACCEPT YOUR ORDER
We reserve the right not to accept Orders for Products or Services. By registering and completing the purchase procedure under section II, you offer to purchase our Products. We will send you an Order Acknowledgement by e-mail to acknowledge your Order. However, this is not an acceptance of your Order. We will only send you an Order Delivery Notification of your Order once we have checked availability of stock and courier service.
5. TITLE AND RISK OF LOSS
Risk of loss and title for Products purchased pass to you upon delivery to the courier.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all Intellectual Property Rights that vest in the original works comprised within the Services or ancillary to it are owned by us, or are licensed to us by third parties. We reserve all Intellectual Property Rights in the Services, including but not limited to the contents of this Website and the domain name eshop.optical88.com.my. Your use of the Services does not entitle you to claim ownership of any Intellectual Property Rights in the Services or this Website.
7. PRODUCT INFORMATION
Products displayed at this Website may or may not be available at retail stores operated by us or our Affiliates. OPTICAL 88 Eyecare (M) Sdn. Bhd. makes no representations or warranties that any of the Products or Services displayed on this Website will be available at any time or location. All prices displayed on this Website are quoted in Ringgit Malaysia (RM).
8. BUSINESS PARTNERS
Our Business Partners working with us to provide and promote the Services include, Stripe. Please carefully read the terms and conditions with respect to the payment services provided by Stripe respectively and their privacy policies before proceeding with your Order. By proceeding with your Order, you will be deemed to have accepted the terms and conditions and privacy policies of our Business Partners.
Persons under 18 years old should use our Website only (with permission and under the supervision of a responsible parent or guardian).
10. NO AGENCY
Our Business Partners are contractors who act independently and as such do not act as our agents, employees, representatives or their equivalent.
11. COMMUNICATION FROM YOU
12. EXCLUSION OF REPRESENTATIONS AND WARRANTIES
We will use reasonable commercial efforts to include accurate and up to date information on this Website, but we make no representations or warranties as to its accuracy. Neither OPTICAL 88 Eyecare (M) Sdn. Bhd., its Affiliates nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, indirect, special, incidental, or consequential, damages losses, costs and expenses arising out of or in any way in connection with your access to or use of this Website. Everything on this Website is provided to you “as is” without any express or implied warranties, including, warranties of merchantability or fitness for a particular purpose.
We do not warrant that the functioning of this Website will be error free, that defects will be corrected, that this Website or host server is malware free or will not be interrupted due to technical problems or is hack-free.
We are not responsible for the content of any websites linked to our Website or for any services offered by linked sites and take no responsibility for, and give no warranties, guarantees or representations in respect of such links.
We are not responsible for the actions of our Business Partners (including a person or body corporate with whom our Business Partners enter into arrangements with to provide services to you (“Business Partner Affiliates”)) and make no representations or warranties with respect to the services they provide to you in connection with your use of this Website, the Services or the purchase of the Products.
13. LIMITATION OF LIABILITY
a. We disclaim any and all representations or warranties of any kind, whether express or implied, in relation to the Products and our Services.
b. We will not be liable to you, or any third party in contract, tort or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with your use of and the functioning of this Website (including but not limited to any interruption, introduction of malware, hacking, inaccuracy, error or omission) or the provision of the Products or Services regardless of cause and as such we accept no liability for any claims, liabilities, losses, damages, costs and expenses arising therefrom.
c. We will not be liable to you or any third party in contract, tort or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with the services provided to you by our Business Partners and/or Business Partner Affiliates in relation to your use of this Website, the Services or Products regardless of cause and as such we accept no liability for any claims, liabilities, losses, damages, costs and expenses arising therefrom.
15. CUSTOMER’S REPRESENTATIONS AND OBLIGATIONS
16. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
a. We shall not be liable to you for any breach, hindrance or delay in the performance of our provision of Services attributable to any cause beyond our reasonable control, including without limitation:
(1) Strikes, lock-outs or other industrial action.
(2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(4) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(5) Impossibility of the use of public or private telecommunications networks.
(6) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
(7) Failures of the internet or any public telecommunications network, failures of our hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections or power failures or failures of your computer systems or networks.
b. In the circumstance that the Force Majeure event lasts for more than one week, either you or we may cancel the Order forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
c. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Order we will process and to what extent.
d. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under each Order despite the Force Majeure event.
II. PURCHASE PROCEDURE
Select the Products and View the Product Information
Select the Products you want to purchase by clicking on the “add to cart” button. After adding the Products to the “Shopping Cart”, you can click the “Cart” button and you will be directed to the “Shopping Cart” where you may view the Product details and choice of colours.
Put the Products in the Shopping Cart
Your Shopping Cart shows the Products you intend to buy, the quantity, shipping charges and the total amount to be paid etc. You can adjust the Products or quantity you are going to purchase.
The checkout details will show your selected Products, quantity, shipping charges, total amount to be paid, delivery method and payment method.
Fill in the Customer Information and Delivery Information and Proceed to Payment
After you have completed the payment procedures, you will be re-directed to the page of our Website confirming the receipt of your Order. You can view your Order details, Order number, delivery details, customer details, total payment amount and payment details. You will also receive an Order confirmation by e-mail from us. For details of delivery, please see also Delivery Service.
Once you have settled the payment, the Order cannot be cancelled.
When the processing of your Order is confirmed, you will receive an e-mail stating the Order details.
Cancellation of Order
III. DELIVERY SERVICE
Our Business Partner for delivery services is Poslaju. All Orders received will be processed within 3 working days of receipt. Upon Order confirmation, customers can expect to receive their Orders within 3-5 working days. Please note that the above delivery times are not a guarantee of actual delivery times.
We are not responsible for any damage, destruction or loss of the Products or late delivery, wrong or missed pick up or tracking issues with the courier. We are not liable for costs sustained as a result of a change in information on your side, for example, change of shipping address.
All Orders are delivered by courier service. Total delivery costs will be shown on the Website and the Order confirmation when we confirm your Order.
We will only deliver our Products to specified territories. For these territories, please check the optional delivery location in the shopping cart. Delivery to territories beyond those stated is currently unavailable.
Deliveries cannot be made to P.O. boxes, or locations where delivery services are limited by the courier.
Printed Sales Memo
A printed sales memo will be enclosed in the Product shipped to you. Please keep the original sales memo for exchange of Product. If you do not receive the printed sales memo, please contact us by email ([email protected]) within 7 days (from the date when delivery was signed and received) and you will be required to provide the Order confirmation of your purchase of Product. Upon receiving the email confirmation of your purchase of Product, we will send you the re-issued sales memo by mail within 7 days.
IV.PAYMENT OPTION AND SECURITY
Our Business Partner for processing payments is Stripe. eshop.optical88.com.my implements a variety of security measures to maintain the safety of your personal information. When you place Orders with us, we offer the use of a secure server. The secure server software, Secure Sockets Layer (SSL) encrypt all information you provide before it is sent to us.
V. EXCHANGE POLICY
1. Terms of Exchange
a. Under our exchange policy, you may contact our customer services for exchange of Product within 7 days by mail. We will not entertain requests made after 7 days.
Please contact us via E-mail: [email protected] to get a confirmation email before return.
The complete Product together with the original sales memo and a copy of our confirmation email must be posted to us by mail within 7 working days upon receiving the confirmation email. All fees related to the exchange of the Product shall be borne by the customer.
We will not accept exchanges without Required Documents for Exchange.
We will determine whether a returned Product is in its original condition (i.e. in the same condition as when originally purchased with all original sales memo, warranty card, entire glasses and any parts (if any)) and our decision will be final.
b. The complete Product refers to the Product that is returned in its original condition and packaging with all original sales memo, warranty card, spare parts and gift redemptions (if any)).
c. A Product can only be exchanged once.
2. Procedure for Exchange
a. Please read Terms of Exchange carefully before your exchange.
b. After receiving the confirmation email and address for return, wrap the package securely and return the Products together with the Required Documents for Exchange.
c. For your protection, ship your return via a traceable carrier, or a prepaid courier service. All the exchange delivery charges are to be borne by you. “Collect Charge” shipment will be refused.
d. Please insure your Product for its Net Price per Unit. We are not responsible for the damage or loss for returned Products that are not insured.
e. Send your return package to the address we provide when we give you the confirmation email. Please DO NOT return the Products to any address other than the ones stated in our email, or in our Web Site or we may not be able to trace the return shipment and we will not be responsible for the lost shipment in transit.
f. Once your returned package has been received by us, it is processed and inspected before we proceed in approving or disapproving the exchange. Upon receiving your Product, we shall send you an email within 7 working days informing you whether your request for exchange is accepted.
VI. PRODUCT WARRANTY
1. Frames and sunglasses purchased from OPTICAL 88 online shop come with a 12-month warranty. Please retain the sales memo, warranty card, entire glasses and any parts (if any) for warranty purposes.
2. All items sold (whether fully paid or by deposit) are non-refundable and non-exchangeable unless the circumstances under paragraph 3 below apply.
3. At OPTICAL 88’s discretion, OPTICAL 88 may consider customer’s request for an exchange of frames, sunglasses, and other products purchased at OPTICAL 88 online shop (exclude the items which have been stated as non-exchangeable on OPTICAL 88 online shop) if:
(a) The frames or sunglasses purchased at OPTICAL 88 online shop are under a valid warranty AND a manufacturing defect is confirmed by OPTICAL 88. OPTICAL 88 may either exchange the Product or repair the defective part. Exchange will be limited to the same brand and model only, subject to stock availability.
(b) If the received Product(s) is/are defective, damaged or not in accordance with the Order.
4. Please direct any request for exchange to our CS team and please refer to the Exchange Policy in this Terms and Conditions. Customer shall be liable for all the charges (including delivery costs) resulting from the exchange.
5. If a gift redemption item or cash coupon (if any) is not returned upon exchange, the retail price of the gift redemption item and/or the value of the cash coupon will be charged to customer.
6. OPTICAL 88 shall have the right not to provide any written or verbal report for any repairing services and/or product examination. All extra delivery costs will be charged to customer.