Terms & Conditions
I. Terms And Condition
- Pricing and Discounts
- Personal Use
- When We Accept Your Order
- Title and Risk of Loss
- Intellectual Property Rights
- Product Information
- Business Partners
- No Agency
- Communication from You
- Exclusion of Representations and Warranties
- Limitation of Liability
- Customer’s Representations and Obligations
- Circumstances beyond Our Control (Force Majeure)
- Governing Law
II. Purchase Procedure
III. Delivery Service
- Delivery Time
- Shipping Cost
- Delivery Territories
- Printed Invoice
IV. Payment Option and Security
V. Exchange Policy
- Terms of Exchange
- Procedure for Exchange
VI. Product Warranty
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 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. “OPTICAL 88 CLUB” means the loyalty programme for eligible customers of OPTICAL 88 Ltd. and our Affiliates;
d. “Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China;
e.“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;
f. “Member”means a member of the OPTICAL 88 CLUB Membership Programme;
g. “Net Price per Unit” means the Selling Price of each unit of Product after apportioning (where applicable) and deducting discounts, promotions or other price reductions offered by us;
h. “Order” means an order for Products placed by you and allocated an order number by us;
i. “Personal Data” means personal data as defined under the Personal Data (Privacy) Ordinance,Cap. 486 of the Laws of Hong Kong;
j. “Products” mean the products made available to you at this Website;
k. “Selling Price” refers to the price of each Product as listed on this Website;
l. “Registration Details” mean the information you supply to us when you register to use the Services;
m. “Services” mean the services made available to you at this Website, and incidental services, like after-sales, payment processing anddelivery;
n. “Stores” mean physical retail store or stores operated by our Affiliates and who are our authorised retailers;
o. “we”, “us” or “our” means OPTICAL 88 Ltd. and its successors and assigns;
p. “Website” means this Website at https://eshop.optical88.com.hk; and
q. “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 non-website 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. 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.hk. Your use of the Services does not entitle you to claim ownership of any Intellectual Property Rights in the Services or this Website.
a. We may obtain information about your computer, including, where applicable, your IP address, operating system and browser type, for administration of the system and statistical analysis. This is used to obtain statistical data on how you browse our Website.
b. We may obtain information about your online movements and general Internet use by means of a cookies file that is stored in your computer's hard drive for the same reason. The cookies contain information that is transferred to your computer's hard drive.
c. The cookies help us improve our Website and provide a better and more personalized service. What this specifically allows us to do is:
(1) Make estimation on numbers and patterns of use;
(2) Store information about your preferences and personalize our Website in accordance with your individual interests;
(3) Speed up your searches;
(4) Recognize you when you return to our Website.
You may decline cookies by changing your browser's settings. However, if you do this,you may not be able to access certain parts of this Website or avail of some of our Services. Our system will produce cookies when you connect to our Website unless you have adjusted your browser's settings to decline them.
8. PRODUCT INFORMATION
Products displayed at this Website may or may not be available at retail stores operated by us or our Affiliates. OPTICAL 88 Ltd. makes no representations or warranties that any of Products or Services displayed on this Website will be available at any time or location. All prices displayed on this Website are quoted in HK Dollars.
9. BUSINESS PARTNERS
Our Business Partners working with us to provide and promote the Services including but not limited to STRIPE, Paypal, PaymentAsia, Shipany, Appointedd and SF Express etc.. Please carefully read the terms and conditions with respect to the payment, booking and courier services provided by Hang Seng Bank, SF Express and Saloca Limited 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.
11. NO AGENCY
Our Business Partners are contractors who act independently and as such do not act as our agents, employees, representatives or their equivalent.
12.COMMUNICATION FROM YOU
13. 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 Ltd., our 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 on interchangeability 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.
14. LIMITATION OF LIABILITY
a. To the fullest extent permissible under applicable law and save for and limited to the Exchange Policy under Section V and product warranty described under Section VI, 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.
16. CUSTOMER'S REPRESENTATIONS AND OBLIGATIONS
17. 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, lockouts 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.
19. GOVERNING LAW
The laws of Hong Kong without regard to principles of conflict of laws, will govern your use of this Website and any disputes that may arise between you and us at this Website.
Any dispute arising from and connected with your visit to this Website, the Services or the Products you purchase shall be submitted to the non-exclusive jurisdiction of the Hong Kong courts.
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. In addition, you may find recommendations of related Products corresponding to your selected Products.
Order Contact Lenses
Contact lens prescription may differ from eyeglass prescription, a separate contact lens-fitting exam is necessary if do not have valid contact lenses prescription.
I.) You are requested to bind your store purchase record to e-member account. Select valid contact lens prescription from Optical 88 purchased record within one year. We can only provide you with the exact brand of contact lenses within one year of your purchased record. If you wish to order a different brand of contact lens, you must provide new prescription for the contact lenses or go for the contact lens eye exam and lens fitting in OPTICAL 88 store.
II.) Purchase by your own valid contact lens prescription, you have to upload the valid prescription within one year of the date of the prescription.
Valid prescription under OPTOMETRISTS BOARD’s CODE OF PRACTICE should contains,
- Full Name of Customer;
- Full Name of Optometrist/ Medical Practitioner and Phone Number;
- Parameters of the Contact Lenses (including Lens Power, Base Curve and Product Name);
- Prescription Expiry Date (not more than 12 months from the date of examination);
- Date of Examination;
- Signature of Optometrist/ Medical Practitioner.
You hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order. Our optometrist will verify your prescription after submission. We will only fill your order that the prescription contain above information. We can only provide you with the exact brand of contact lenses as prescribed by doctor or registered optometrist. If your prescription is incomplete or invalid, our CS department will contact you for more information or you will be invited to take an eye examination in any of our stores.
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.
It is compulsory to be a registered member before making purchase. You can member login to access certain functions at OPTICAL 88 e-store. If you would like to register as a member, please fill in accurate, complete and updated registration information.
Member Binding Functions
Base on your registered mobile, the latest purchase record will be shown beside each member name, select the correct purchase record to bind the member account. After that, you can use your valid prescription to order contact lenses. Once you skip this step or linked with wrong account, you cannot re-bind again. Please contact our customer service for assistance.
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, delivery information and proceed to payment. And then you can proceed to payment by clicking “NEXT”. Then you can select payment method and fill in your payment information and click “PLACE ORDER” to complete 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 “My Order”.
Once you have settled the payment, the order cannot be cancelled and refund.
When the processing of your order is confirmed, you will receive an e-mail stating the order details.
Cancellation of Order
III. DELIVERY SERVICE
1. Delivery Time
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 delivery address.
2. Delivery Cost
All orders are delivered by SF express. Total delivery costs will be shown on the order details before check out and the order confirmation.
Deliveries cannot be made to P.O. boxes, or locations where delivery services are limited by SF Express.
3. Printed Sales Memo
A printed sales memo will be enclosed in the product and delivery to you. Please keep the original sales memo for exchange of a product. If you do not receive the printed sales memo, please contact us by email 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 invoice by mail within 7 days.
IV. PAYMENT OPTION AND SECURITY
www.eshop.optical88.com.hk 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 or at our authorised retailers in Hong Kong. We will not entertain requests made after 7 days. Please contact us through CS hotline: 2113 2363 or 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 return shipping 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 store come with a 1 year 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 store (exclude the items which have been stated as non-exchangeable on OPTICAL 88 online store) 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.