Terms and Conditions

  1. The following are the terms and conditions applicable to the use of the website on the domain of theeyelady.co.za .
  2. The parties
    1. The owner of this website and service provider is:
      1. Rosewall-McCarthy Optometrists CC,
      2. Registration number: CK1997/015233/23;
      3. Business address at Shop 12, Valley centre, 396 Jan Smuts
        Avenue, Craighall Park; and
      4. Email address: info@theeyelady.co.za .
      5. Hereinafter referred to as “RM”.
    2. The patient that uses this website must be at least 18 years and older, and in the event of proceeding with any transaction through this website, RM accepts that the patient is 18 years and/or older.
    3. Legal addresses:
      1. The registered address as stated at 2.1.3 is to be used for delivery of
        all legal processes relating to the use of this website.
      2. The patient that uses this website appoints the address for delivery of any product, to be the address for the exchange of any legal documents relating to the services and goods delivered through the website.
  3. Medical advice
    1. This website in no way provide medical advice to the patient and medical advice must still be sought by RM’s professionals.
  4. Protection of Personal Information Act
    1. RM operates and provides its services within the boundaries of South Africa. Therefore, data privacy legislation of South Africa regulate the use of this website.
    2. In addition, RM accepts that private individuals from other countries may also browse and/or even use the services provided through the website, and in this regard privacy provisions of international standards have also been considered and applied as far as practical.
    3. It is important to take notice that RM collects the following personal information:
      1. Patient names, identity number, physical address, contact details,
        patient preferences, medical information and medical aid information.
      2. Very importantly, the patient’s bank card information will be collected,
        and may be transferred unencrypted through payment portals and may result in transactions over the internet to give effect to the service and /or product purchased through the website.
      3. Sales on behalf of a minor, may require an additional consent from the
        minor especially if the minor’s medical aid number is required to process a consent for payment.
    4. The manner of collection
      1. RM collects the personal information through this website when the
        patient intends to buy a product.
      2. This personal information is then stored to a server of which only
        authorised employees of RM have access to such personal information.
    5. Processing of personal information
      1. Personal information collected from a patient is only processed to give
        effect to the order. Part of the processing requires the submission to
        the patient’s medical aid of a diagnosis code and that by supplying the
        diagnosis code, the patient gives permission to submit to their medical
        aid the relevant diagnosis code of their condition, prescription of their
        eye and the type of product issued.
      2. The personal information collected is not used for any other purposes
        and if it should change, RM would advise the patient accordingly.
      3. Personal information are stored electronically and is password
        protected. Personal information are only stored for as long as the health care profession may require and to which RM complies with, after which the personal information is destroyed.
      4. The only third parties that would have access to personal information,
        are the delivery services of the products to the appointed addresses.
      5. Access to the personal information are restricted to authorised
        employees of RM only and not all employees have access to the
        personal information.
      6. The personal information are in no way used for automated decision
        making.
      7. Personal information are not transferred internationally unless the
        server and/or Microsoft Office will do so through their own internal
        workings in which case, the necessary data protection is in place.
    6. Legal basis for processing
      1. Any processing of personal information is done with the consent of the
        patient.
      2. In addition, the processing of personal information is required to give
        effect to the sale of the products and services on the website.
      3. All personal information shall be treated confidential and will only be
        used to give effect to the sale of products and services.
    7. Responsible party
      1. The person responsible and who acts as the data controller of RM is
        Catherine – Anne McCarthy and can be reached at info@theeyelady.co.za . She is the owner of the RM.
      2. Any complaints regarding the processing of personal information, must
        be directed to Catherine – Anne McCarthy info@theeyelady.co.za and allow for 7 calendar days response to your complaint from being sent.
    8. Access to personal information
      1. A patient through this website has a right to request a record of any
        patient information on hand with RM. Such request can be sent to info@theeyelady.co.za and allow for 7 calendar days turnaround time
      2. The patient has the right to request an amendment or rectification of
        the personal information.
    9. Patient’s rights to data privacy
      1. As a patient of RM and using this website, the patient has the following
        rights:
        1. The right to be informed of the manner of processing of the
          patient’s data and any changes to it;
        2. The right of access to personal information;
        3. The right to rectification of personal information;
        4. The right to request that processing be restricted in a certain manner;
        5. The right to be made aware of data portability, which is not the case; and
        6. The right to object to the use of personal data.
    10. Cookies
      1. This website uses cookies to store the patient’s information from
        the patient’s computer in order to advance website use and may enable identified advertisements.
  5. Relevant legislation
    1. The products and services of RM are regulated by way of South African legislation.
  6. Limitation on liability
    1. RM strives to provide the best products available to their patients and are usually provided “as is” and cannot provide guarantees that the products are safe and for their intended use.
    2. RM has no control over the third party that attends to the delivery of the products and therefore cannot accept any liability for any claim of any nature that may arise from any interaction with such third party entity.
    3. RM do not accept liability for any claim of any nature arising out of the use of this website and the patient must take necessary precautions that the website use is safe and in a safe environment and due care must be taken to ensure that the right product is selected and for the right use.
    4. RM cannot accept any liability if the product does not meet the requirements of the patient.
    5. RM cannot be held liable if the patient accesses the website from an electronically unsafe environment and the patient’s data is then unlawfully captured.
    6. RM cannot be held liable if the wrong product is delivered or there is a delay in delivery and/or a delay in accessing the website for whatever reason.
    7. RM accepts no responsibility in the event that the information regarding the products and/or services recorded on this website is incorrect.
    8. RM accepts no liability in the event that a product is out of stock.
    9. RM accepts not liability in the event that the patient provides the wrong information including billing and address delivery information.
    10. Any warranties issued by RM in terms of their products are limited to the terms and conditions as recorded on the website only alternatively as issued by the manufacturer. As a result, RM’s liability does not extend beyond that of the manufacturer warranty or the guarantees as issued by RM.
    11. RM issues a one year warranty for manufacturing defects from date of purchase, this excludes damage due to negligence or by accident. Manufacturing defects are factory faults and do not include scratches , breaks and bends.
    12. RM is not liable for eye infections or damage due to contact lens wear.
  7. Copyright
    1. Please take note that RM retain all copyright over branding, logos and the domain name of RM.
  8. Third party content limitations
    1. RM accepts no liability and/or responsibility of any third party content that may be made available on the website.
  9. Online purchases
    1. Any purchases done online means that the patient is contracting with RM by way of these terms and conditions.
    2. The patient will be notified once the order is processed, ready and shipped to the patient.
    3. RM does not accept any liability for delays or the wrong product being delivered.
    4. The payment portal encrypts the patient’s card information.
    5. Successful online purchases are subject to medical aid approvals and the patient must ensure their awareness of their specific medical aid plan will cover.
    6. It may transpire that a product is out of stock and if the purchase is generated, a refund will be processed with a notification that the product is out of stock.
    7. A patient may only order contact lenses with a valid contact lens prescription from a registered optometrist. A valid prescription is one year from the date on the prescription pad.
  10. Returns policy
    1. In the event of the delivery of the wrong frame (provided that the frame
      delivered does not meet the specifications as ordered on the website), or there is some form of defect to the frame delivered, the patient must phone 011 3263901 or email: info@theeyelady.co.za with the email heading : “Frame Fault“ within two calendar days of delivery to report the defect or the incorrect frame delivered. The patient must supply a photo to RM to better ascertain the damage and weather it falls within the warranty criteria.
    2. In the event, that the frame is not suitable and the patient changes their
      mind, the patient must phone 011 3263901 or email: info@theeyelady.co.za with the email heading : “Frame Swop“ within two calendar days of delivery and swop the sunglass to that one of equal value or higher value and pay in the difference. The frame return will be at the cost of the patient.
    3. The return policy lapses after the expiry of the two calendar days from
      date of delivery and the patient will not be entitled to the relief as stated in 10.
    4. All frame returns will be at the patient’s cost and should the defect be a
      genuine manufacturing defect , the cost will be covered by RM.
    5. All frames must be returned to:
      Rosewall-McCarthy Optometrist
      Shop 12
      Valley centre
      396 Jan Smuts Avenue
      Craighall Park
      OR

      CRAIGHALL POSTNET
      Rosewall-McCarthy Optometrist
      Shop 12
      Valley centre

    6. Contact lenses cannot be returned once the box is open.
  11. Repairs
    1. All repairs such as screws or standard nose pads will be provided and
      done at no charge . The patient is welcome to come to the practice or send it to the delivery addresses recorded at 10.5 at patient’s cost.
  12. Amendments
    1. RM has the right to amend these terms and conditions and accordingly,
      the patient must ensure at all times, that the patient read these terms and conditions before a purchase.
    2. Prices to products and or services are subject to change within the
      discretion of RM and without notice.
 

Terms and Conditions

  1. The following are the terms and conditions applicable to the use of the website on the domain of theeyelady.co.za .
  2. The parties
              1. The owner of this website and service provider is:
                Rosewall-McCarthy Optometrists CC,
                Registration number: CK1997/015233/23;
                Business address at Shop 12, Valley centre, 396 Jan Smuts
                Avenue, Craighall Park; and
                Email address: info@theeyelady.co.za .
                Hereinafter referred to as “RM”.

The patient that uses this website must be at least 18 years and older, and in the event of proceeding with any transaction through this website, RM accepts that the patient is 18 years and/or older.

Legal addresses:
The registered address as stated at 2.1.3 is to be used for delivery of
all legal processes relating to the use of this website.

The patient that uses this website appoints the address for delivery of any product, to be the address for the exchange of any legal documents relating to the services and goods delivered through the website.

Medical advice
This website in no way provide medical advice to the patient and medical advice must still be sought by RM’s professionals.

Protection of Personal Information Act
RM operates and provides its services within the boundaries of South Africa. Therefore, data privacy legislation of South Africa regulate the use of this website.

In addition, RM accepts that private individuals from other countries may also browse and/or even use the services provided through the website, and in this regard privacy provisions of international standards have also been considered and applied as far as practical.

It is important to take notice that RM collects the following personal information:

Patient names, identity number, physical address, contact details,
patient preferences, medical information and medical aid information.

Very importantly, the patient’s bank card information will be collected,
and may be transferred unencrypted through payment portals and may result in transactions over the internet to give effect to the service and /or product purchased through the website.

Sales on behalf of a minor, may require an additional consent from the
minor especially if the minor’s medical aid number is required to process a consent for payment.

The manner of collection
RM collects the personal information through this website when the
patient intends to buy a product.

This personal information is then stored to a server of which only
authorised employees of RM have access to such personal information.

Processing of personal information
Personal information collected from a patient is only processed to give
effect to the order. Part of the processing requires the submission to
the patient’s medical aid of a diagnosis code and that by supplying the
diagnosis code, the patient gives permission to submit to their medical
aid the relevant diagnosis code of their condition, prescription of their
eye and the type of product issued.

The personal information collected is not used for any other purposes
and if it should change, RM would advise the patient accordingly.

Personal information are stored electronically and is password
protected. Personal information are only stored for as long as the health care profession may require and to which RM complies with, after which the personal information is destroyed.

The only third parties that would have access to personal information,
are the delivery services of the products to the appointed addresses.

Access to the personal information are restricted to authorised
employees of RM only and not all employees have access to the
personal information.

The personal information are in no way used for automated decision
making.

Personal information are not transferred internationally unless the
server and/or Microsoft Office will do so through their own internal
workings in which case, the necessary data protection is in place.

Legal basis for processing
Any processing of personal information is done with the consent of the
patient.

In addition, the processing of personal information is required to give
effect to the sale of the products and services on the website.

All personal information shall be treated confidential and will only be
used to give effect to the sale of products and services.

Responsible party
The person responsible and who acts as the data controller of RM is
Catherine – Anne McCarthy and can be reached at info@theeyelady.co.za . She is the owner of the RM.

Any complaints regarding the processing of personal information, must
be directed to Catherine – Anne McCarthy info@theeyelady.co.za and allow for 7 calendar days response to your complaint from being sent.

Access to personal information
A patient through this website has a right to request a record of any
patient information on hand with RM. Such request can be sent to info@theeyelady.co.za and allow for 7 calendar days turnaround time and can request access by way of an email stating the request.

The patient has the right to request an amendment or rectification of
the personal information.

Patient’s rights to data privacy
As a patient of RM and using this website, the patient has the following
rights:

The right to be informed of the manner of processing of the
patient’s data and any changes to it;

The right of access to personal information;

The right to rectification of personal information;

Th right to request that processing be restricted in a certain manner;

The right to be made aware of data portability, which is not the
case; and

The right to object to the use of personal data.

Cookies
This website uses cookies to store the patient’s information from
the patient’s computer in order to advance website use and may enable identified advertisements.

Relevant legislation
The products and services of RM are regulated by way of South African legislation.

Limitation on liability
RM strives to provide the best products available to their patients and are usually provided “as is” and cannot provide guarantees that the products are safe and for their intended use.

RM has no control over the third party that attends to the delivery of the products and therefore cannot accept any liability for any claim of any nature that may arise from any interaction with such third party entity.

RM do not accept liability for any claim of any nature arising out of the use of this website and the patient must take necessary precautions that the website use is safe and in a safe environment and due care must be taken to ensure that the right product is selected and for the right use.

RM cannot accept any liability if the product does not meet the requirements of the patient.

RM cannot be held liable if the patient accesses the website from an electronically unsafe environment and the patient’s data is then unlawfully captured.

RM cannot be held liable if the wrong product is delivered or there is a delay in delivery and/or a delay in accessing the website for whatever reason.

RM accepts no responsibility in the event that the information regarding the products and/or services recorded on this website is incorrect.

RM accepts no liability in the event that a product is out of stock.

RM accepts not liability in the event that the patient provides the wrong information including billing and address delivery information.

Any warranties issued by RM in terms of their products are limited to the terms and conditions as recorded on the website only alternatively as issued by the manufacturer. As a result, RM’s liability does not extend beyond that of the manufacturer warranty or the guarantees as issued by RM.

RM issues a one year warranty for manufacturing defects from date of purchase, this excludes damage due to negligence or by accident. Manufacturing defects are factory faults and do not include scratches , breaks and bends.

RM is not liable for eye infections or damage due to contact lens wear.

Copyright
Please take note that RM retain all copyright over branding, logos and the domain name of RM.

Third party content limitations
RM accepts no liability and/or responsibility of any third party content that may be made available on the website.

Online purchases
Any purchases done online means that the patient is contracting with RM by way of these terms and conditions.

The patient will be notified once the order is processed, ready and shipped to the patient.

RM does not accept any liability for delays or the wrong product being delivered.

The payment portal encrypts the patient’s card information.

Successful online purchases are subject to medical aid approvals and the patient must ensure their awareness of their specific medical aid plan will cover.

It may transpire that a product is out of stock and if the purchase is generated, a refund will processed with a notification that the product is out of stock.

A patient may only order contact lenses with a valid contact lens prescription from a registered optometrist. A valid prescription is one year from the date on the prescription pad.

Returns policy
In the event of the delivery of the wrong frame (provided that the frame
delivered does not meet the specifications as ordered on the website), or there is some form of defect to the frame delivered, the patient must phone 011 3263901 or email: info@theeyelady.co.za with the email heading : “Frame Fault“ within two calendar days of delivery to report the defect or the incorrect frame delivered. The patient must supply a photo to RM to better ascertain the damage and weather it falls within the warranty criteria.

In the event, that the frame is not suitable and the patient changes their
mind, the patient must phone 011 3263901 or email: info@theeyelady.co.za with the email heading : “Frame Swop“ within two calendar days of delivery and swop the sunglass to that one of equal value or higher value and pay in the difference. The frame return will be at the cost of the patient.

The return policy lapses after the expiry of the two calendar days from
date of delivery and the patient will not be entitled to the relief as stated in 10.

All frame returns will be at the patient’s cost and should the defect be a
genuine manufacturing defect , the cost will be covered by RM.

All frames must be returned to:
Rosewall-McCarthy Optometrist
Shop 12
Valley centre
396 Jan Smuts Avenue
Craighall Park
OR

CRAIGHALL POSTNET
Rosewall-McCarthy Optometrist
Shop 12
Valley centre

Contact lenses cannot be returned once the box is open.

Repairs
All repairs such as screws or standard nose pads will be provided and
done at no charge . The patient is welcome to come to the practice or send it to the delivery addresses recorded at 10.5 at patient’s cost.

Amendments
RM has the right to amend these terms and conditions and accordingly,
the patient must ensure at all times, that the patient read these terms and conditions before a purchase.

Prices to products and or services are subject to change within the
discretion of RM and without notice.