Terms and Conditions

Who are you contracting with?

www.tacoptical.co.za (the "Website") is owned and operated by TAC Optical CC, registered in South Africa, registration number 2010/095898/23 (hereinafter referred to as "TAC Optical").

Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you

Lay-out of these Terms & Conditions

These T&C apply to your use of, and purchases made on, the Website and are divided into two sections as follows

Purchases of Wiley X products from TAC Optical - terms and conditions applying to purchases from TAC Optical.

General – terms and conditions applying to your use of the Website and any purchases made by you on the Website, whether from TAC Optical.

Purchases from TAC Optical

TAC Optical Products & Availability

Identification of Wiley X, Inc products

Product listings are products offered for sale by TAC Optical and, once added to your shopping basket, will reflect the Wiley X icon.

Stock Availability

Stocks of all goods on offer are limited. TAC Optical shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are sold out and TAC Optical is unable to fulfil the orders placed at advertised prices, TAC Optical shall only be liable to refund the amount paid by you for such product, on such terms and conditions set out in detail in the Refund Policy.

Agreement of Sale

When is a sale agreement concluded?

An agreement of sale only comes into effect if and when:

  • you electronically submit a properly completed order for one or more products in your shopping basket; and
  • payment is either authorised, or received by TAC Optical in its bank account.

When is a sale not concluded?

Placing a product in a shopping basket without completing the purchase cycle does not:

  • constitute an agreement of sale; and/or
  • constitute an order for such product,

and as such, TAC Optical may remove such product from the order if no stock is available and you cannot hold TAC Optical liable if such product is not available when the purchase cycle is completed at a later stage.

Termination of Sales & Cancellation Orders

If By TAC Optical:

TAC Optical reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and TAC Optical, in whole or in part, without giving any reasons. TAC Optical shall only be liable to refund monies already paid by you (see TAC Optical's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale

By You:

  • You are entitled to cancel any order/s placed or sales concluded at any time prior to packaging of the products so purchased, as provided for in the Refund Policy
  • Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard

Amounts Payable by You

Prices

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Delivery Charges

Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.

Value Added Tax

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

Import Duties

Import duties may be payable by recipients of goods in foreign countries. TAC Optical does not know what levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such levies are payable and, if so, the amount thereof.

Errors

TAC Optical shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, TAC Optical will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Introduction

Your payment for any products ordered from TAC Optical must be made to TAC Optical's bank account in any one of the following ways.

Credit Card Payments

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is only collected when the order has been packaged.

Promotional Vouchers

Promotional Vouchers are issued electronically at TAC Optical's own discretion. Users do not have a right to Promotional Vouchers and Promotional Vouchers cannot be earned.
Promotional Vouchers are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Promotional Voucher itself:

  • a Promotional Voucher can only be used with promotional offers on the Website;
  • only one Promotional Voucher can be used per shopping basket; and
  • the value of the Promotional Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Deliveries

Where do we deliver?

TAC Optical delivers to addresses both within and beyond the borders of South Africa.

Delivery Methods & Periods

Inside the borders of South Africa:

  • TAC Optical will post items via counter to counter postage to a Post Office. Either for a post box or street address.
  • Delivery in metropolitan areas (i.e. Cape Town, Johannesburg, Pretoria, Durban, Port Elizabeth, Bloemfontein) takes place with 5 working days
  • Delivery outside these metropolitan areas will take up to 10 working days.

To the Rest of Africa and Areas that fall outside exclusive zones set out by Wiley X, Inc

  • These will be arranged on a individual basis.

Important Notes

  • Delivery periods are only regarded as having commenced upon payment confirmation being received by TAC Optical.
  • TAC Optical makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

General Terms & Conditions

Defects, Returns & Refunds

Should you not be satisfied with any product purchased by you on the Website by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard. Please read such Refund Policy.

Sales Records

A full record of every sale and related transaction between you and TAC Optical shall be maintained by TAC Optical CC.

Disclaimer

Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither TAC Optical nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, TAC Optical makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support@tacoptical.co.za

This Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of TAC Optical and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Neither TAC Optical nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold by TAC Optical on this Website.

Governing Law & Jurisdiction

his Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and TAC Optical submit to the non-exclusive jurisdiction of the South African courts.

Privacy

Introduction

TAC Optical shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.

What personal information will we store?

TAC Optical may electronically collect, store and use the following of your personal information:

  • Name & Surname
  • Birth Date
  • Country of Residence
  • Email address
  • Cellular number (if provided by you)
  • IP Address

What will we do with your information?

TAC Optical collects, stores and uses the abovementioned information for the following purposes:

  • to greet you when you access the Website;
  • subject to your consent, to inform you of facts relating to your access and use of the Website;
  • subject to your consent, to inform you about competitions and special offers from TAC Optical and/or its partners / affiliates;
  • to verify your identity when transacting with TAC Optical;
  • to ensure that the goods are received by the addressee; and

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.

You may elect not to receive any communications from TAC Optical and/or its partners / affiliates.

Conditions of use of personal information

TAC Optical may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

  • TAC Optical shall not disclose your personal information unless -
    • you consent thereto;
    • through due legal process
  • TAC Optical may compile, use and share any information that does not relate to any specific individual; and.
  • TAC Optical owns and retains all rights to non-personal statistical information collected and compiled by TAC Optical

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that TAC Optical suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

  • be used for your personal use only; and
  • not be disclosed to any third party.

You allow TAC Optical to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. TAC Optical's registration documents and the Website's registered domain name are checked and verified by Thawte

Changes to Agreement

TAC Optical may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes between you and TAC Optical

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and TAC Optical on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of TAC Optical, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from here.

Domicillium

TAC Optical chooses as its domicilium citandi et executandi (ie its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 28 Mountain Fern Crescent, Fernwood Estate, Somerset West,7130.

Term & Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by TAC Optical from time to time, for so long as the Website exists and is operational, TAC Optical being entitled to terminate these T&C and/or shut down the Website at any time.

Copyright

Any and all copyright subsisting in the Website, including these T&C, vests in TAC Optical and all rights not expressly granted are reserved.

Unless you have registered with TAC Optical you may only download, view and print content from this Website for private and non-commercial purposes.

To obtain permissions for the commercial use of any content on this Website email us or phone us on +27 (0)21 851 0925

Content

TAC Optical cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform TAC Optical of any content that may be offensive or illegal.

Intellectual Property Rights

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to TAC Optical and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to TAC Optical, you consent to receiving communications from TAC Optical electronically and agree that all agreements, notices, disclosures and other communications sent by TAC Optical satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

Hyperlinks

Save for persons who have registered with TAC Optical, no person, business or web site may link to any page on this Website without the prior written permission of TAC Optical. Such permission could be obtained by contacting derek@tacoptical.co.za

Hyperlinks provided on this Website to non-TAC Optical sites are provided as is and TAC Optical does not necessarily agree with, edit or sponsor the content on such web pages.

Framing

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

Spiders & Crawlers

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of TAC Optical. Such permission could be obtained from derek@tacoptical.co.za.

About Us

The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full Name: TAC Optical CC, registered in South Africa, registration number 2010/195898/23
Main Business: Distributor and online retailer of Wiley X, Inc Eyewear
Address for receipt of legal notices: 28 Mountain Fern Crescent, Fernwood Estate, Somerset West, 7130, South Africa
Website: http://www.tacoptical.co.za
Webmaster:
Official email address: info@tacoptical.co.za

Refund policy

Introduction

This policy regulates all purchases from TAC Optical.

Cooling off period

Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by TAC Optical for the return of the goods.

Late Delivery

If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product functionality for giving such notice being provided in writing or via email.

Should a product purchased be unavailable, the seller thereof must notify you and issue a full refund within 30 days after such notice.

Pre-Packaging Cancellations

You are entitled to cancel (either in whole or in part) any sale prior to packaging the products so sold.

Cancellations can be effected via TAC Optical’s call centre (at +27 (0)21 851 0925).

If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess.

Defective/ damaged products

Any defective or damaged products will be governed by Wiley X, Inc warranty set out below

  • All Wiley X, Inc. eyewear is warranted to the original purchaser for life against manufacturing defect in materials and workmanship (except Light Adjusting [LA] lenses which have a tint adjustment life of 18 months. Proof of Purchase for LA lens products required). Any defective or damaged products must be sent to TAC Optical CC, upon receiving returned eyewear that Wiley X, Inc. determines to be defective, we will repair or replace it, at our option. This warranty does not apply to normal wear, including but not limited to scratched lenses, accidental damage, misuse, and other issues determined by Wiley X, Inc. not to be a manufacturer’s defect. Original purchaser will be liable for all shipping, handling and processing charges related to the any warranty claim.
  • All Wiley X, Inc. Gloves are warranted to the original purchaser for 2 years against manufacturing defect in materials and workmanship. Any defective or damaged products must be sent to TAC Optical CC, upon receiving returned Gloves that Wiley X, Inc. determines to be defective, we will repair or replace them, at our option. This Limited Warranty applies only where the products have been properly maintained in accordance with Wiley X, Inc.’s instructions and have not been subject to misuse, negligence or accident. This warranty does not apply to normal wear or any other issues determined by Wiley X, Inc. not to be a manufacturer’s defect. Original purchaser will be liable for all shipping, handling and processing charges related to the any warranty claim.

Note

The following will NOT be regarded as defects and will not entitle you to any repair, replacement or refund:

  • faults resulting from normal wear and tear

Special Offer & Promotional Sale refunds

Refunds on "Special Offers" and Promotional are subject to the sections below:

  • If TAC Optical supplies the wrong product or if the product is damaged or faulty as a result of a manufacturing defect, TAC Optical must be notified by way of email to info@tacoptical.co.za or by contacting the call centre at +27 21 851 0925 within 14 days of invoice. Should TAC Optical not receive notice within such 14 days you will be deemed to have received the correct product, in accordance with the order placed by you, and in good working condition.
  • TAC Optical will exchange the incorrect or faulty product for a replacement upon receipt of the returned product. The returned product must be received in the original packaging and if the product is returned as a result of being an incorrect delivery, the product must not have been utilised. TAC Optical will make all reasonable effort to exchange the product, but if replacement is not possible at the same price or at all, TAC Optical will refund the purchase price including delivery cost upon receipt of the returned product
  • If a defective product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, TAC Optical will not replace same as aforesaid, but will instead refund the purchase price paid including delivery costs upon receipt thereof.

Processing of Refunds

Should you be entitled to a refund for any reason, such refund shall –

  • in the case of payment having been made by credit card be effected on the credit card;
  • in other instances, the funds will be paid into your bank account. TAC Optical will not, in this instance, pay funds into a third party bank account.
 
 
Wiley X, the Wiley X Eyewear logo, WX, The WX Eyewear logo, the WX Wiley X logo and product names are trademarks or registered trademarks of
Wiley X, Inc., in the U.S. and other countries. Logos: © 2007 - 2009 Wiley X, Inc. All rights reserved.

Copyright 2011 TAC Optical. All rights reserved.