GENERAL TERMS AND CONDITIONS OF SALE ON www.heliospolarized.com
ARTICLE 1 : APPLICABILITY
These General Terms and Conditions of Sale (hereinafter the “GTC”) apply, without limitation and reserve, to all sales concluded by PLASTINAX AUSTRAL LTD a private company with the limited liability whose registered office is situated at ENL House, Vivéa Business Park, Moka, holder of Business Registration Card bearing No. C06002684 (hereinafter the “Seller”), effected via the website www.heliospolarized.com (hereinafter the “Website”) to individual consumers (hereinafter the “Client(s)”) wishing to purchase products being sold by the Seller (hereinafter the “Product(s)”). The Client confirms being an adult or having parental authority to be able to legally effect any order on the Website. The definition of “Client” herein shall also include any person to whom the Products purchased are to be delivered in accordance with these GTC.
The Seller reserves the right to bring any changes or amendments to these GTC whereby the version applicable to the sale, shall be the version that is displayed on the Website at the time of order submission on the Website.
These GTC exclude and do not affect any other terms and conditions that apply to sales of products by the Seller effected instore or by any other sale channels.
These GTC are available at any time on the Website and in the event of any conflict as to the conditions of sale, these GTC shall prevail.
ARTICLE 2 : THE SELLER
This Website is operated by the Seller whose Helios and Plastinax retail outlet(s) are situated at St Pierre, Mauritius.
The Seller is engaged in the business of manufacturing and selling eyewear.
ARTICLE 3 : AVAILABILITY OF STOCK
The product offers and their prices on the Website are valid for as long as they appear on the Website, unless they have a specific validity duration specified on the Website.
The Client is required to check the availability of stock in the product information section.
If a Product ordered is out of stock, the Seller reserves the right to cancel the order without indemnity and will notify the Client accordingly.
Where several Products are ordered and one or some of them are found to be out of stock, the Seller shall inform the Client of the unavailability of stock accordingly. The remainder of the order that is available shall be processed and sent out for delivery within the delay announced in the Seller’s email that follows submission of the order. The Client can also immediately decide to cancel the entire order before shipment subject to notifying the Seller’s Customer Service team by phone or email.
ARTICLE 4 : ORDER
4.1. Order Processing
The online ordering on the Website (the “Order”) happens in several steps as follows:
- The Client registers an account or logs in to his/her client account on the Website;
- The Clients fills his/her basket with Products that he/she wishes to purchase;
- The Client chooses his/her mode of payment;
- The Client effects the payment
- If the payment is accepted, the Client receives a confirmation email that the payment has been effected and an email confirming receipt of the Order.
Following the Seller’s confirmation email that the payment has been effected and receipt of the Order, the Seller shall send to the Client an email confirming validation of the Order, unless the Products ordered are out of stock, in which case, the Client will be notified promptly and refunded his or her payment.
As soon as the Order is ready to be sent out for delivery, the Client will receive a confirmation email from the Seller that his/her Order is validated and is on its way.
Unless otherwise stipulated on the Website, the prices displayed on the Website are in US Dollars and are inclusive of all taxes thereon (if applicable).
Value Added Tax is applied at the rate that is applicable at the time of submission of the Order through the Website. The displayed prices, however, do not include shipping/freight costs, customs clearance charges, certain packaging and optional services that the Client may (if available) contract over and above. These additional costs shall be displayed in the Order summary prior to the Client confirming his/her Order.
Delivery will be free of charge for each order (for the same delivery point) exceeding a purchase price of USD100 (or equivalent in South African Rand or in other currency).
The Client shall be liable for bearing all charges regarding customs clearance of the Products in the destination country.
The Products and services and their prices offered in-store do not apply to those on this Website and vice versa.
4.3. Mode of Payment
The Client may effect payment of his/her purchases:
- by Credit or Debit Card (Visa, Mastercard or American Express)
The Seller confirms that payments may be made securely on the Website through an SSL (Secure Socket Layer) with the assistance of PEACH PAYMENT for processing those payments.
4.4. Order and Payment Confirmation
Unless otherwise is proven, the Seller’s records and/or those of its service providers, shall constitute valid proof of transactions between the Seller and the Client.
ARTICLE 5 : DELIVERY
At the time of passing the Order on the Website, the Client can opt for:
- Home delivery.
5.2. Home Delivery
The Products are deliverable to the countries listed as an option on the Website except for listed countries where shipping/freight is not reasonably permitted or recommended by the shipping/freight provider. A PO Box address will not be acceptable for delivery. To ensure successful delivery of the Order, the Client must ensure that all delivery details are clear and correct and that someone is available to acknowledge delivery of the Order by signing the Delivery Note.
5.1. Delivery costs
Orders are shipped at a flat rate of $10 per order.
5.2. Estimated Delivery Times
Delivery times may vary between 1 to 4 working days following the Seller’s validation of the Order. This delay shall be calculated in terms of working days. Delivery will normally be effected on weekdays (Monday to Friday between 8h and 17h). The Client will be informed by email from the Seller when his/her order has been shipped and/or is on its way. Orders are usually shipped within 24 business hours following the Seller’s validation of the Order. Delivery times are only estimated delivery times. Customs clearance in the destination country may delay delivery.
The Client will be notified of any significant delays affecting the delivery of the Order.
The Seller may decide to provide to the Client an order tracking no to be able to follow the order delivery progress.
5.3. Client’s absence at the time of delivery
If the Client is not present at the time of delivery, a second attempt will be made to deliver the Order within 1 week. If the Client is again absent at the time of delivery, the Seller or the delivery service provider shall hold onto the Order and the Seller shall notify the Client to collect the Order instore or from the delivery service provider within 15 days failing which, the Seller shall be entitled to cancel the sale and dispose of the Order as it deems fit and/or reimburse to the Client, the purchase price already paid for those Products after deduction of all delivery and storage costs.
For heavy or fragile orders, the delivery service provider will take contact with the Client for an agreed scheduled delivery time. If the Client is nevertheless absent at the agreed scheduled delivery time, the Client shall notify the delivery service provider at least 48 hours before the scheduled delivery, failing which, the Client shall bear incurred storage and additional delivery costs.
5.4. Delivery Confirmation
Upon delivery, the Client must sign the Delivery Note confirming his/her receipt of the Products, in a good state and condition, according to specifications in the Order.
ARTICLE 6 : RETENTION OF TITLE AND OWNERSHIP
The Seller shall retain title and ownership in the Products ordered until full and final satisfaction of all obligations by the Client under these GTC including settlement of the full purchase price.
ARTICLE 7 : PRODUCT RETURNS OR EXCHANGE
After delivery of the Product, the Client may exchange or return the Product in the following circumstances:
7.1 Refunds and exchanges
The Client requesting a refund, or an exchange must return the Product to the Seller within 14 days as from delivery of the Products to the Client. The Seller must have received the returned Product within that same delay for the request to be processed. The Client must not send back the Product to the Seller, without the latter’s prior written consent.
The Client must promptly send to the Seller, an email detailing his or her request for a refund or exchange, the reasons for same, together with a photograph of the Product received and proof of order and payment. The Client must not send back the Product to the Seller, without the latter’s prior written consent.
Refunds and exchanges shall however not apply to the following Products:
- Perishable goods such as foodstuffs;
- Audio or video recordings or software with the seal removed after delivery;
- Products made specifically accordingly to the Client’s specifications and/or personalised for the Client.
- Products purchased on sale or at a reduced price, unless they are defective or not the Products actually ordered.
The Client shall be responsible for returning the Products to the Seller at the latter’s address mentioned below.
All costs and risks associated with returning the Products to the Seller, shall normally be borne by the Client unless otherwise is stipulated herein.
Only Products returned intact, in perfect condition, in their original packaging shall be accepted by the Seller for refunds and/or exchanges, failing which such refunds and exchanges shall not be accepted and no refund will be granted.
Refunds will be effected within 7 working days following the Seller’s receipt of the returned Products and the Vendor’s acceptance to reimburse the Client according to these GTC. The refund will be refunded on the bank card with which payment was effected by the Client or exceptionally effected by bank transfer to the Client’s bank account.
Exchanges will be dependent on availability of stock and any costs of returning products to the Seller and delivering the exchanged Product(s) to the Client shall be borne by the Client, unless otherwise is stipulated herein.
ARTICLE 8 : PRODUCT WARRANTY
Certain Products sold on the Website are covered by a product warranty, the duration, and terms of which are mentioned on the Website or available here.
If the Product is covered by a warranty as part of the conditions of sale, the warranty document will be delivered with the Products with details of what the warranty covers and its validity.
However, the Product warranty shall not apply in the event of the following:
- replacement of consumables and/or spare parts that need to be replaced because of normal use and/or wear and tear;
- negligent use, damage and/or misuse caused by the Client and/or any other user of the Product after delivery;
- damage resulting from :
- intervention carried out by a third party not approved by the Seller;
- accident, cyclones, lightening, fire, theft, burglary, fluctuation in electricity supply, floods and other calamities or events beyond the control of the Seller, whether natural or otherwise;
- Contamination by an external organism or matter such as insects, dust or rust.
Save and except for what is expressly stipulated in these GTC, the Product specifications on the Website at the time of the Order and any applicable Product warranty and/or any mandatory liability under law, the Seller provides no other warranties and bears no liability whatsoever as to the quality and fitness for purpose of the Products.
ARTICLE 9 : APPLYING GUARANTEES – AFTER SALES SERVICE
9.1 After-sales service – under guarantee
Should the Client consider that the Product is defective or not according to the ordered product specifications within the validity period of any applicable Product warranty and/or guarantee obligations of the Seller in these GTC, the Client must notify the Seller’s Customer Service team in writing, without delay (the contact details are below). The Client must not send back the Product to the Seller, without the latter’s prior written consent.
The Client shall be responsible for returning the Product to the Seller in such circumstances or to the Seller’s agent/contractor, where requested by the Seller.
After inspecting the Product, the Seller shall verify if any wanting repairs or replacement of the Product fall within the ambit of any applicable Product warranty and/or guarantee obligations of the Seller in these GTC. The Seller will proceed with repairs and/or replacement of the defective Product if the concerned defects are covered by applicable Product warranty and/or guarantee obligations of the Seller in these GTC.
The Seller may decide not to effect any repairs or replacement where same are not covered by any Product warranty and/or guarantee obligations of the Seller in these GTC. In such case, the Seller will inform the Client accordingly and may quote the Client for the cost of any repairs and/or replacement of the Product to be approved by the Client.
If the Product defect is covered by the Product warranty and/or guarantee obligations of the Seller in these GTC but cannot (at the discretion of the Seller) be repaired or exchanged by an identical or equivalent product, the Client will be reimbursed by way of a credit note or refund. The Seller shall propose the most suitable solution (replacement of defective spare part, replacement of the Product or refund). Refunds will be effected within 7 working days of notification of the Seller’s decision to effect a refund.
If the Product is defective or not according to the ordered product specifications and is covered by any applicable Product warranty and/or guarantee obligations of the Seller in these GTC, the Seller shall bear all related delivery costs for any exchanges and returns agreed to by the Seller.
In the event of product exchanges, the delivery address shall be the same as the one indicated at the time of order, unless otherwise is agreed by the Seller in writing.
9.2 After-sales service – no guarantee
The cost of any after-sales service that are not covered by any Product warranty and/or guarantee obligations of the Seller in these GTC shall be charged to and payable by the Client.
The Client shall, at its own cost, be responsible for returning the Product to the Seller in such circumstances. The Seller will provide the Client with a quotation for such additional services, for the Client’s approval prior to the commencement of any of those works.
9.3 After-sales service intervention on the Product (under and not under guarantee)
The Seller will effect a preliminary inspection of the Product to provide a diagnostic on any repairs or defects. The Seller will use in reasonable endeavours to provide a diagnostic within a reasonable delay.
Should the Seller need to take the Product in for any inspection or intervention, the Seller and the Client must both sign a document confirming any Product being emitted to the Seller and any intervention to be undertaken, as well as terms applicable thereto.
If, during any intervention to the Product agreed with the Client, additional repairs and/or works are required that were not initially provided in the intervention sheet agreed between the Client and the Seller, the Seller undertakes not to proceed with any further works, without the express approval of the Client, including any approval by the Client of any additional costs to be borne by the latter.
The Client shall ensure collection of its Product and full and final settlement of any and all intervention costs within 15 days of notification from the Seller that his/her Product has been repaired and may be collected. The Seller shall be entitled to withhold the Product until payment by the Client of any and all outstanding payments due for the intervention.
Should the Client fail to collect the repaired Product within such delay, the Client shall bear all storage costs claimed by the Seller and/or the Seller shall be entitled to dispose of the Product as it deems fit, without any claim or indemnity payable to the Client. The Client shall nevertheless remain liable for any and all intervention costs and/or storage costs.
ARTICLE 10 – LIABILITY
The Seller’s liability is strictly limited to the sale price of the Product, ordered by the Client or replacement of that Product in respect of which any liability on its part may arise. The Seller shall not be liable for any direct and/or indirect consequential losses of any nature whatsoever, such as (without limitation) for loss of profits or loss of revenue, loss of data.
The Seller shall in no event be held liable for any prejudice and/or loss arising from use of the Website and the internet.
Save and except for what is expressly stipulated in these GTC, the Seller shall bear no other liability whether towards the Client and/or any third party whatsoever, regarding the Products.
Any limitation of liability in these GTC however shall not preclude any liability of the Seller under law, that cannot be excluded or limited.
The Seller shall not be liable for any prejudice arising from a force majeure event or any circumstances beyond its control.
Any and all exclusions and/or limitation of the Seller’s liability in these GTC shall also apply to the Seller’s employees as well as its partners, contractors, consultants, agents and suppliers and their respective employees and contractors etc.
ARTICLE 11 : DATA PROTECTION
The Seller shall require certain personal data and information from the Client at the time of sale, failing which, the sale will not be able to be completed.
ARTICLE 12 : CONTACT THE SELLER
For any query, additional information or complaint, the Seller’s Customer Service team may be contacted as follows:
- By phone: +230 58534056 | +230 433 4638
- By email: firstname.lastname@example.org
- By post at the following postal address: Plastinax Austral LTD Mon Desir Alma, 80814, Saint-Pierre, Mauritius
If the Client doesn’t receive an email confirmation or awaited correspondence from the Seller, the Client will have to verify his or her spam emails first, before taking contact with the Seller in this regard.
ARTICLE 13 : GOVERNING LAW / JURISDICTION
13.1 Governing Law
These GTC and/or any transaction between the Seller and the Client conducted through the Website shall be governed by the laws of Mauritius.
In the event of any claim by the Client in respect of these GTC and/or any transaction between the Seller and the Client conducted through the Website, the Client shall first, contact the Seller’s Customer Service team with a view to resolving the matter amicably.
If no amicable solution is reached, the dispute shall be referred to the jurisdiction of the competent courts of Mauritius.
If any provision of these GTC is or becomes prohibited by law or is judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these GTC and rendered ineffective as far as possible without modifying the remaining provisions of these GTC and shall not in any way affect any other circumstances of or the validity or enforcement of the remainder of these GTC.