Terms & Conditions

Spectocular terms and conditions of Promotions and Promises

  1. These Terms and Conditions are applicable to any promotions advertised by Spectocular via phone, SMS, WhatsApp, e-Mail, Meta or online at www.spectocular.co.za (the “website").

  2. These Terms and Conditions constitute the entire agreement between us.

Conditions of Promotions

  1. To partake in any prescription eyewear promotion, you warrant and undertake that Spectocular reserves the right to request any details reasonably required to confirm that you are eligible for the promotion you wish to partake in.

  2. No promotions are offered to spectacle prescriptions obtained elsewhere, without the results being verified by Spectocular.

  3. Patients own frames are used at their own risk; where Spectocular waives responsibility for damage or breakage.

The ordering process

  1. The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.

  2. You will be making an offer to buy, which is subject to these terms and conditions, when you complete the transaction in store.

  3. Upon confirming a transaction, we will send you an email acknowledging that we have processed, and confirm..

  4. Spectocular may not be bound by it’s acceptance of your offer if there is an error in any advertisement or representation made by Spectocular 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. In addition,

  5. Spectocular at its sole discretion, reserves the right to reject any transaction without notice or explanation. In the event of any such rejection the full spectacle amount will be refunded.

  6. You cannot cancel spectacles that have been ordered..

  7. 50% payment is to be made receipt of your order and the balance on collection.

Payment

  1. All payments must be in the legal currency of the Republic of South Africa;

  2. All prices are inclusive of Value Added Tax, but exclude delivery charges.

  3. The price of any product will be as quoted except in cases of obvious error.

  4. Prices are liable to change at any time, but such changes will not affect orders already processed.

  5. Spectocular accepts credit or debit card payments. Credit/debit card transaction are processed via YOCO, and can be made instore and online.

Right of Cancellation (Cooling-off Period)

  1. Section 44 of the Electronic Communications and Transactions Act, 2002 allows a customer to cancel any transaction without any penalty within seven days of receipt of goods.

  2. Section 44 does not apply to any electronic transaction where the goods –

    1. are made to the customer’s specifications;

    2. are clearly personalised;

    3. by reason of their nature cannot be returned.

  3. Section 44 is therefore not applicable to prescription eyewear which has been specifically ordered to a customer’s specifications.

Passing of Ownership

  1. Spectocular 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

  1. Upon collection or delivery (if arranged) 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 at seth@spectocular.co.za.

Force Majeure

  1. Neither Spectocular 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 Spectocular’s’ control, but as a consequence of which Spectocular is unable to fulfil its obligations.

  2. While a Force Majeure continues to operate, Spectocular and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by Spectocular as terminated without further obligation to the other.

  3. If Spectocular has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Spectcoular will be entitled to charge you for that fulfilled part.

  4. Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, Spectocular shall return to you the amount paid.

Warranty

  1. All sunglasses and prescription frames are warranted for 1 year from the date of purchase against manufacturers’ defects. Manufacturers’ defects include: structural design, hinges, welding points and colourings but specifically excludes, amongst others, intentional misuse causing frame damage, scratching or tarnish, destruction by stepping/ sitting on the frame.

  2. Frames which are considered to be defective will be replaced with a new pair, so long as the frame is still being manufactured. In cases where the frame is listed as discontinued (or no longer manufactured) the frame will be replaced with another colour or different model of equal or lesser value. Please be advised that all shipping charges are the sole responsibility of the customer (you)

  3. Lenses: Spectocular offers a 1 year guarantee against peeling on all antireflection and photochromatic coatings once negligence and poor care have been ruled out by inspection of the spectacles.

To determine whether your frame or lenses fall within the guidelines of a manufacturer’s defect, please contact frontdesk@spectocular.co.za

Changes to the Terms and Conditions of Purchase

  1. Spectocular 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.

  2. 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 email 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

  1. 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

  1. This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.

  2. 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

  1. These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of South Africa.

  2. 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 South Africa (or any successor to that court) and irrevocably submits to the non-exclusive jurisdiction of such court.