Terms & Conditions

By purchasing and/or ordering products and/or contact lenses you agree to be bound by the Terms and Conditions of Purchase as set out below. Please read them carefully. You will be deemed to have understood and accepted these terms and conditions.

In these Terms and Conditions

W Meyer Optometrists (PTY)LTD is referred as W M Optom
"Order" means orders placed in accordance with the provisions of Section The ordering process

W M Optom terms and conditions of purchase

These Terms and Conditions are applicable to any purchases made online at www.wmoptometrist.com
By placing orders at W M Optom you are offering to contract with W M Optom for the supply of products, lenses, optical frames, contact lenses, contact lenses accessories and contact lenses related products (also described in these terms and conditions as "goods" or "products"). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
These Terms and Conditions of Purchase, in combination with the order, constitute the entire agreement between us.
By placing orders through this website you are offering to contract with W M Optom for the supply of products, lenses, optical frames, contact lenses, accessories and related products (also described in these terms and conditions as "goods" or "products"). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.

Conditions of sale:

To purchase the Goods you warrant and undertake that –
1.1 You are over the age of 18 years;
1.2 You are not ordering Goods for persons under the age of 18 years of age except where you are the parent or legal guardian of that person;
1.3 Your prescription details supplied to W M Optom are less than 18 month old and have been given to you by a registered medical practitioner or registered optometrist;
1.4 Your prescription details supplied to W M Optom are true and correct and W M Optom cannot be held liable for providing you with Goods according to incorrect details supplied by you.
W M Optom reserves the right to request any details reasonably required to confirm that you are eligible to order the products you wish to acquire.
No transaction will be processed if a script is older than 18 month unless proof is supplied that the script is still accurate.
Our acceptance of your order (offer) constitutes a legally binding contract between us on the terms and conditions contained herein.
You are responsible for payment of the account irrespective of membership with a Medical Aid or Benefit Scheme or Workman’s Compensation Commissioner or Insurer.
All Medical Aid rejections are solely your own responsibility and must be upheld in time.
The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.
You will be making an offer to buy, which is subject to these terms and conditions when you complete the online order form. If your offer is accepted by us this will result in a binding contract between you and us (“W M Optom”). An offer, order form or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier.
W M Optom may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by W M Optom or is associated with it, including, but not limited to, any pricing error on the website. In such an event, we will inform you as soon as possible after receiving your order and give you the option to cancel your order. In addition, W M Optom at its sole discretion reserves the right to reject any offer to purchase without notice or justification. In the event of any such rejection, compensation will be limited to a full refund of the monies paid.

The ordering process

The display of any items or promotions from us shall be construed as an advertisement and not as an offer.
You will be making an offer to buy, which is subject to these terms and conditions when you W M Optom. If your offer is accepted by us this will result in a binding contract between you and us (“the Agreement”). An offer, order or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier.
The order or message has to be done in writing.
Upon receiving an order, we will proceed with the process of supplying the produckt.
Your offer to purchase a product is accepted by W M Optom when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Agreement will relate only to those products whose dispatch we have confirmed. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate communication.
W M Optom may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by W M Optom or is associated with it, including, but not limited to, any pricing error. In addition, W M Optom at its sole discretion, reserves the right to reject any offer to purchase without notice or justification. In the event of any such rejection compensation will be limited to a full refund of monies paid.
You cannot cancel an offer to purchase once such offer to purchase has been presented to W M Optom.

Limitations of Supply

W M Optom shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of products. If the products that you have ordered are unavailable. If W Meyer receives no response from you, W M Optom may, at its absolute discretion, provide replacement products of an equivalent quality and/or specification, or cancel the order and provide a refund.

Payment

All payments must be in the legal currency of the Republic of Namibia.
Payment will be processed after receipt of your order.
All prices are inclusive of Value Added Tax (if applicable) but exclude delivery charges.
The price of any product will be as quoted except in cases of obvious error.
Prices are liable to change at any time, but changes will not affect for which we have already sent you a confirmation.
Delivery charges may vary according to the Customer’s location and size and/or weight of the parcel. The Customer is liable to pay the delivery charges associated with their order.

Contact Lens customer

By placing an order you are confirming that:
1.1 You have a valid current contact lens prescription issued by a registered optician or registered optometrist or registered ophthalmic or registered medical practitioner for the contact lenses which you are ordering;
1.2 The data you provide to W M Optom concerning the condition of your eyesight corresponds to the data found on your current prescription;
1.3 You consent to us contacting your optician or optometrist or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optometrist or ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order.

Customer (also applicable to once-off purchases)

Only Customers with a legitimate and verified prescription not older than 12 months qualify to order contact lenses (“the Product”).
The Customer indemnifies W M Optom and holds it harmless against any claims or actions it may have against it due to the late delivery of its Product as a result of the supplier having insufficient stock, the manufacturer’s inability to cater for the demand pertaining to a specific Product or the delivery company been delayed for the same reasons. Customers will be notified if certain products are on back order.
The Customer acknowledges its responsibility to adhere to the instruction of use of the Product as advised by its Optometrist and/or the instruction manual. It is the responsibility of the Customer to ensure it exercises due caution when handling the Product and undertakes to adhere to the correct and timely disposal instructions.
Customers shall receive a complimentary annual eye examination corneal check coupon for the purposes of ensuring that the customer’s prescription remains valid for the entire contract period. The Customer is advised to redeem the complimentary coupon prior to the expiry of its prescription.
Customers acknowledge and accept that any malfunction or interruption experienced while ordering the Product can be caused by many factors and 3rd parties that the W M Optom proper performance is reliant on.
Refunds will not be accepted if the seal on the Product has been broken or the box is damaged in any way.
Product warranties and guarantees are issued by the Manufacturer of the Product and the Customer is aware thereof and accepts same.

Right of Cancellation (Cooling-off Period)

To cancel the Agreement, you must contact us to request a return reference and the relevant return address.
You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date of your election to cancel and the date the product is returned to W M Optom, you shall bear all risk in keeping the products safe, secure and free from loss or damage.

Passing of Ownership

Title in the products shall pass when the products are delivered to the delivery address set out in your order, provided that W M Optom has received payment in full for the products.
W M Optom will accordingly remain the owner of any products delivered to you until the moment at which the purchase price has been paid in full, and no right of cancellation remains available to you.

Inspection

Upon delivery of the products you must inspect them carefully. If any of the products do not match the description or appear to be damaged or missing, do not use the products or any items accompanying the goods and please contact us.
Only products which are returned to W M Optom without a broken box seal are acceptable. Please refer to our Return Policy.

Liability

Any liability of W M Optom (whether in contract, delict or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to direct foreseen damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Liability for indirect damages or consequential loss, however it arises, is excluded to the extent permitted by law.
In no circumstances will we be liable to you for any loss of profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however it may have arisen.
Without prejudice to the provisions set out above, W M Optom will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you, or your improper use of the products delivered to you.

Force Majeure

Neither W M Optom nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing due to a circumstance outside of our respective control including, but not limited to, postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. ("Force Majeure"). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond W Meyers’ control, but as a consequence of which W M Optom is unable to fulfil its obligations.
While a Force Majeure continues to operate, W M Optom and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 3 months, either party will be entitled to treat any order accepted by W M Optom as terminated without further obligation to the other.
If W M Optom has already fulfilled its obligations under any Agreement in part? when the Force Majeure occurs, W M Optom will be entitled to charge you for that fulfilled part.
Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, W M Optom shall return to you the amount paid.

Warranty

All products and contact lenses are warranted from the date of purchase until date of expiry against manufacturers’ defects. Manufacturers’ defects include: structural design, but specifically excludes, amongst others, intentional misuse.
The Manufacturer’s warranty applicable between Manufacturer and supplier/distributor is also applicable between supplier/distributor and Customer in respect of the Product.

Delivery of goods

This Delivery Policy is only valid for merchandise purchased via the W M Optom website. This policy has been developed to ensure the accurate and secure delivery of all purchases and to assist you with your delivery needs.

W Meyer aims to dispatch all products within 10 business days of the date of your order, subject to the availability of products and, where necessary, the validation of your prescription.
Deliveries can only be made to addresses within the borders of Namibia.
Deliveries will take place within 10 business days of the acceptance of your order subject to manufacturer availability.
Delivery will be during business hours so please ensure that someone will be available to receive the parcel at the address specified.
We reserve the right to contact customers and arrange alternative delivery methods and timelines, if the delivery address is remote, or to cancel the order if delivery is not feasible.
The person receiving the parcel will be asked by the courier to sign the waybill indicating that the parcel/carton has been received undamaged and in good condition.
Proof of ID may be requested to verify the authenticity of the purchaser.

Changes to the Terms and Conditions of Purchase

W Meyer reserves the right to amend these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

Severability

If at any time any term or provision of these Terms and Conditions of Purchase or the application thereof to any person or circumstance shall to any extent be or become illegal, invalid or unenforceable, the remainder of these Terms and Conditions of Purchase, or the application of such term of provision to persons or circumstances other than those as to which it is already illegal, invalid or unenforceable, shall not be affected or impaired thereby.

Whole Agreement

This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.
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, whether it induced the contract and/or whether it was negligent or not.

Applicable Law

These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of Namibia.
The parties agree that any legal action or proceedings arising out of or in connection with these Terms and Conditions of Purchase may be brought in the High Court of Namibia (or any successor to that court) and irrevocably submits to the non-exclusive jurisdiction of such court.