1. Introduction
These Website Terms And Conditions (these “Terms” or these “Website Terms and Conditions”) contained herein on this webpage outline the rules and regulations for the use of Robert and Sons Optical Ltd's Website, located at www.robertandsonsoptical.com and shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”).
These Terms apply in full force and effect to your use of this Website and by accessing this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you do not agree to any of these Terms and Conditions.
2. Definition
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Robert and Sons Optical Ltd. "Party", "Parties", or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of Robert and Sons Optical Ltd's stated services, in accordance with and subject to, prevailing law of Ghana.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
3. Product Descriptions
Robert and Sons Optical Ltd attempts to be as accurate as possible. However, Robert and Sons Optical Ltd does not warrant that product descriptions or other content of any Robert and Sons Optical Ltd Service is accurate, complete, reliable, current, or error-free. If a product offered by Robert and Sons Optical Ltd itself is not as described, your sole remedy is to return it in unused condition.
4. Pricing
"List Price" means the suggested retail price of a product as provided by Robert and Sons Optical Ltd.
With respect to items sold by Robert and Sons Optical Ltd, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Robert and Sons Optical Ltd is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
5. Risk of Loss
All purchases of physical items from Robert and Sons Optical Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
6. Returns, Refunds and Title
Robert and Sons Optical Ltd does not take title to returned items until the item arrives at our fulfilment centre.
7. Delivery time
Robert and Sons Optical Ltd endeavours to respect delivery times but these are given purely for information purposes and Robert and Sons Optical Ltd cannot be held responsible for delays.
8. Force Majeure
8.1 Cases of force majeure and, in general, any circumstances that prevent, reduce or delay the shipment of the Products, or that make it prohibitive for Robert and Sons Optical Ltd to perform its contractual obligations, shall authorise Robert and Sons Optical Ltd, as the case may be, to terminate, reduce or suspend their distribution, and the Purchaser shall not thereby claim any damages. The term force majeure shall include any cause, event or circumstance that is outside the reasonable control of Robert and Sons Optical Ltd, including but not limited to: acts of terrorism, earthquakes, floods, embargoes, wars, acts of war (whether war is declared or not), insurrections, riots, civil disturbances, epidemics, pandemics, quarantine, natural disasters, public health emergency, any acts, omissions of third Parties, labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott, interruption or failure of utility service including electric power, gas, water, internet or telephone service, collapse of building structures, failure of the transportation of any personnel, equipment, machinery supply or material required by a party for performance of the agreement, failure of plant machinery, machinery, computers or vehicles; non-performance by suppliers or sub-contractors, or any action or restriction taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent or the imposition of an export restriction, import restriction, quota or other restriction or prohibition, acts of God.
8.2 If the case of force majeure lasts longer than Fourteen (14) days, Robert and Sons Optical Ltd reserves the right to terminate the Contract immediately by written notice.
9. Waiver – Nullity
9.1. Any waiver by Robert and Sons Optical Ltd of a breach by the Purchaser may not be interpreted as a waiver by Robert and Sons Optical Ltd of any further breach of the same kind or any other kind of breach.
9.2. The nullity, invalidity or unenforceability of any of these Conditions does not vitiate the validity of the other provisions, which shall remain effective. The parties shall consult each other and negotiate in good faith to replace the void, invalid or unenforceable clause by a valid provision having comparable economic effect.
10. Your Account
10.1. You may need your own log-in account to use certain Robert and Sons Optical Ltd Services, and you may be required to be logged in to the account and have a valid payment method associated with it.
10.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
10.3 Robert and Sons Optical Ltd does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Robert and Sons Optical Ltd Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. Robert and Sons Optical Ltd reserves the right to refuse service, terminate accounts, terminate your rights to use Robert and Sons Optical Ltd Services, remove or edit content, or cancel orders in its sole discretion.
11. Your Content
11.1 In these Website Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Robert and Sons Optical Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
11.2 Your Content must be your own and must not be infringing on any third party’s rights. Robert and Sons Optical Ltd reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
12. Electronic Communications
When you use Robert and Sons Optical Ltd’s website service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Robert and Sons Optical Ltd Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Robert and Sons Optical Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
14. Restrictions
14.1 You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
14.2 Certain areas of this Website are restricted from access by you and Robert and Sons Optical Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
15. No warranties
This Website is provided “as is,” with all faults, and Robert and Sons Optical Ltd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
16. Limitation of liability
16.1 Under no circumstances shall Robert and Sons Optical Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Robert and Sons Optical Ltd, including its officers, directors and employees shall not be liable for any indirect, consequential damage or loss or special liability arising out of or in any way related to your use of this Website.
16.2 Robert and Sons Optical Ltd shall not be liable for any indirect, consequential loss or damage or special liability or lawsuits in any way related to your use of any of the brands or third-party products that Robert and Sons Optical Ltd is licensed or authorised to sell.
16.4 Robert and Sons Optical Ltd will not be held liable for any redistribution of any of the Products once delivered to the Purchaser.
16.5 Any use by the Purchaser of any of our trademarks or company names shall be subject to the prior written approval and agreement of Robert and Sons Optical Ltd.
17. Indemnification
You hereby indemnify to the fullest extent Robert and Sons Optical Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and such provisions shall be deleted without affecting the remaining provisions herein.
19. Variation of Terms
Robert and Sons Optical Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
20. Assignment
Robert and Sons Optical Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
21. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Robert and Sons Optical Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
22. Applicable Law and Jurisdiction
22.1 These Conditions are governed and interpreted in accordance with Ghanaian law.
22.2 The parties undertake to attempt first to settle amicably any dispute between them as to the performance or interpretation of the Contract. Failing this, the dispute shall be construed and settled in accordance with the laws of Ghana, and you submit to the jurisdiction of the courts in Ghana for the resolution of any disputes.
1. Price and Payment
1.1 The price payable for the Products shall be as shown on our site in Ghana Cedis (GH¢), Prices advertised or stated on our website include VAT and other applicable taxes at the relevant rate chargeable for the time being. Delivery charges are payable in addition and are shown separately during the checkout process.
1.2 We can change the prices on our site at any time without notice, but changes will not affect orders which we have already accepted or send an email confirmation for. However, if the rate of taxes changes after the date of your order, we will adjust the rate of tax you pay unless you have already paid for the Products in full before the change in tax takes effect.
- We accept payment by debit card, credit card and mobile money. We accept the following cards: Visa, Mastercard, MTN Mobile Money, Airtel Tigo Mobile Money and Vodafone Cash.
- You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We shall contact your bank or card issuer for authorisation to take payment from your account.
- If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may terminate the transaction at our sole discretion, refund to you any sums you have paid and require the return of any products provided to you via our dispatch service.
- We use Bank of Ghana approved third party payment service providers to process encrypted card payments. For Data Protection purposes, be assured that your credit/debit card details will be encrypted to minimize the risk of unauthorized access or disclosure. We hold your credit/debit card and any other means of payment details in accordance with our Privacy Policy and any specific consent as required.
- Robert and Sons, by its discretion, has Gift Vouchers available for sale. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Vouchers cannot be exchanged for cash or transferred. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept, cancel and withdraw any voucher code that is invalid for your order or that has expired.
Manufacturer Defect
2.1 All frames with the exception of Cartier frames carry up to 3 months warranty against manufacturer defects. Cartier frames have up to 24 months warranty.
2.2 Misuse, Mishandling or impact related defects are NOT covered under this policy. For instance, applications and exposures to heat, chemicals of all forms, make-up, hair dyes etc. may cause corrosions to frames.
3. Frame Exchange
3.1 Clients have the privilege of exchanging frames of lesser, equal or higher values after initial purchase and receipt. Exchange/s will be done within 7 business days of receipt of the frame/s or glasses by the Purchaser provided the item is not damaged. This includes prescription glasses and sunglasses but excludes items that are damaged. Return for the exchange of frames must be made no later than the 3rd business day after the initial purchase and receipt.
3.2 Returns for exchange/s must be made via our dispatch service by contacting the following number: 050-151-9111
4. Transactions Cancellation
4.1 Transactions may be cancelled within 2 hours after ordering provided the item(s) have not been dispatched from our warehouse.
4.2 If you cancel a transaction after the Products have been dispatched to you, you must return them to us and pay the shipping/postage costs. You must send off the Products within 24hrs of receipt or on the 1st business day after receipt, and no later than the 3rd business day of receiving the products to get a refund.
4.3 All online payment refunds will be by the same means through the appointed third party. Please note that refunds can take 7-10 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located.
5. Return Policy
5.1 Robert and Sons will issue a full refund or replacement of goods in the following instances where:
a. Products ordered by you (and which are confirmed by Robert and Sons as available to be replaced ) within 7 days of the dispatch date if the goods do not arrive at the delivery address.
b. Products you have ordered are returned to Robert and Sons as undeliverable by the postal/courier service.
c. Products supplied are received as damaged and reported immediately (within 24hrs) upon delivery.
d. Prescription glasses/sunglasses or contact lenses are supplied to the wrong prescription/specification.
5.2 A refund or replacement will be issued to you following receipt by Robert and Sons of the returned goods. Such refund or replacement will be provided within 72 hours of the date the returned goods are received. All returns (except undeliverable items).
5.3 Refunds will be limited to the maximum value of the original order, excluding delivery charges unless in the case of undelivered goods, and will only be issued against the same form of payment as supplied to pay for the goods
5.4 All online payment refunds will be by the same means through the appointed third party. Please note that refunds can take 7-10 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located.
5.5 If you are returning the Items within 3 days after delivery to your home, we will refund the price you paid for the items excluding the initial delivery charges (where applicable) in Cedis.
5.6 For any Items from your order which are damaged, faulty or mis-described, we will refund the cost of your order and all delivery charges, including the postage cost of returning these Item(s).
6. Misuse, Mishandling or impact related defects goods are NOT covered under this policy and are not returnable or refundable. Applications and exposures to heat, chemicals of all forms, make-up, hair dyes etc. may cause corrosion and abrasions to frames and lenses and are thus not returnable or refundable.
7. Undeliverable Items.
If goods are returned to Robert and Sons as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 7 business days of the receipt by Robert and Sons of the goods, then a refund will be made within 72 hours of that date.
8.1 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are invalid, unlawful or unenforceable to any extent, the remaining paragraphs will remain in full force and effect.
8.2 Robert and Sons Optical Ltd shall not be responsible for any breach of these Conditions caused by circumstances beyond our reasonable control.
8.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.4 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
8.5 Robert and Sons Optical Ltd shall not be liable for any indirect, consequential loss or damage or special liability or lawsuits in any way related to your use of any of the brands or third-party products that Robert and Sons Optical Ltd is licensed or authorised to sell.
8.6 Robert and Sons Optical Ltd will not be held liable for any redistribution of any of the Products once delivered to the Purchaser.
9. Intellectual Property
The names, images and logos identifying us and our products or third parties and their products and services are subject to copyright, design rights and trademarks of us, and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of ours, or of any other third party.
10. Jurisdiction and Dispute Resolution
These Conditions and any dispute or claim arising out of or in connection with these Conditions are subject to the Laws of Ghana and the jurisdiction of the courts of Ghana.
11. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
