Terms & Conditions
Terms & Conditions for Contact Lenses:
This page (together with the documents referred to) contains the Terms & Conditions (the “Terms & Conditions”) on which we supply any of the products (“Product”) listed on our website at bettervisionmy.com.
You are strongly advised to read the Terms of this Agreement from the beginning to the end. If accepted, failure to do so would not render the terms and conditions herein invalid or unenforceable.
IF you do not agree to the Terms and Conditions herein, please leave this Site immediately.
“BV EYECARE (M) SDN BHD” is a company registered in Malaysia with number (“Company” or “Us”)
“Account” means the account that you will need to register for on the Site if you would like to submit or place an Order on the Site;
“Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
“Business Day” means a day which is neither (i) a Saturday or Sunday, or (ii) a public holiday anywhere in Malaysia;
“Contract” means your Order of a Product or Products in accordance with these Terms & Conditions;
“Customer” means an individual who places an Order on the Site;
“Product” means any items listed for sale and purchase on the Site including but not limited to sunglasses, frames, prescription lenses and contact lenses.
“Liability”” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms & Conditions, including, without limitation, liability expressly provided for under these Terms & Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms & Conditions;
“License” means the licenses to use as defined herein unless stated specifically otherwise;
“Order” means the order submitted by you to the Site or to purchase a Product from us;
“Site” or “Website” means the website with the domain name “bettervisionmy.com”
“you” or “User” means the Customer who places an Order and/or any individual who access this website.
LICENSE TO USE
Notwithstanding the grant of the License, you are not allowed to: –
(i) you will not copy, distribute, or make derivative works of the Site in any medium whatsoever;
(ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes;
(iii) you will adhere to the privacy law and shall not in any manual or automated manner collect Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, image (copyrighted or otherwise) or otherwise misuse or misappropriate the Product information or content, including but not limited to, use on a “mirrored”, competitive, or third party site; and
REPRESENTATION ON CAPACITY TO PURCHASE
By placing an order through the Site, you represent and warrant that you are at least eighteen (18) years old and have legal capacity to enter in to a binding contract.
Disclaimer on Purchase:
For the order for prescription glasses and contact lenses or any products sold by Us so required, you hereby confirm that you have, prior to placing the order, consulted and obtained a valid prescription from a qualified and registered Optometrist and/or Optician and/or Eye Doctor. “Qualified” is to mean an individual who has the necessary qualification and registered with the relevant governing body and holds valid license(s) and certificate(s) to hold him or her as an optometrist or optician or doctor within the region where you are making the order. You understand that the risk of failing to do so is solely yours and we shall not be responsible for any failure to do so or for any products so ordered.
Yes, I have a valid prescription for contact lenses
- You are 21 years old and above and have a valid prescription for your contact lenses and prescribed by an Optometrist within the last 1year. With your order, you are confirming the following
- The Ordered Contact Lenses with bettervisionmy.com is from a valid prescription by your Optometrist or Eye Doctor
- If you do need a prescription from our Optometrist please book an appointment or chat consultation with our Optometrist at Better Vision Malaysia. Do not proceed with this order first.
- You agree to take full responsibility for your ordered contact lenses, your eye health and you are above 21 years of age.
- You have been taught by my Optometrist on how to wear and take care of contact lenses and have reordered contact lenses without any previous or current complaints or complications.
- You have visited an Optometrist or an Eye Doctor within the last 12 months, and had them examined my eyes and no complication was found by and/or while wearing the ordered contact lenses or using the contact lens solution.
- In case of any eye complication eg feeling uncomfortable, red eye, blurring, double vision, haloes, photophobia, pain, discharge, and any other unnatural symptoms while wearing the ordered contact lenses, you would immediately remove the contact lenses and visit your Optometrist or Eye Doctor.
- By ordering, you have agreed to have read, and accepted our terms and conditions stated on our website and our invoices.
- BV EYECARE (M) SDN BHD or Bettervisionmy.com is not held responsible for any complications, complaints or other problems arising from the misuse, and abuse of the ordered contact lenses and we cannot be sued in any form.
- If your delivery by Bettervisionmy.com has been opened when you receive the ordered contact lenses, please immediately inform us within 24hours by email/phone or else we would not replace it and we would not be liable for it.
We shall not be liable for any loss, damages, injury and/or death as a result therefrom or the failure therefrom. You will be solely liable and responsible for your own action under these circumstances.
ORDERING & CONFIRMATION PROCESS
Upon selecting a Product that you wish to Order, you will then be shown or told (on the Site) the price and associated charges including but not limited to Sales and Service Tax (at the prevailing rate) and any applicable delivery charges.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, by Visa/Master or by PayPal, or by EGHL or any method which may be prescribed by us from time to time, which we require in order to process your order and payment. We shall not be bound to supply any product or fulfil any Order before we have received cleared funds in full.
We reserve the right not to accept certain forms of payment, at our sole discretion and to refer you to our other acceptable forms of payment. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and not otherwise.
Your Order shall remain only as a valid offer until we issue our Confirmation of Order or, if earlier when we receive your notice revoking your Order. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stated that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our sole discretion refuse to accept an Order from you, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
Acceptance shall take place when we expressly accept your Order by email to you, in the of a document called a “Your order has been shipped” stating that we are accepting your Order.
Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have canceled your Order before we have accepted it, then we will refund any payment already made by you or your credit or debit card company to us for the order of the Product.
We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products. You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
Product and Pricing Disclaimer: –
We have taken all steps reasonable to ensure that the details, specification, attributes, branding & pricing of the product as stated in our Website and/or given to you or quoted to you is accurate and correct to the best of our abilities and knowledge. The price of your Order will need to be validated by us as part of our acceptance procedure and if the details, specification, branding & pricing for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price. We reserve the right to change, alter and/or amend the prices on the Site without prior notice to you, and the prices shown on the Site is merely an indicative price and the final price shall be shown via the invoice. In the event of any doubt, the price or figure stated in the invoices shall be final.
INVENTORY AND DELIVERY
Bettervisionmy.com keeps as close as possible to a full inventory of all major leading brands of contact lenses and also color contact lenses.
If your order is a popular brand and your Sphere / Power is within the normal range less than -6.00, we usually would have stocks available and would be able to ship it out within twenty-four (24) hours.
If your order is a unique brand and your Sphere / Power is outside of normal range more than -6.00 or with Astigmatism or with Addition Power or special base curve (B.C), we usually would take up to seven (7) to fourteen (14) working days to be shipped out.
If you place an order near or during peak holiday periods including but not limited to Chinese New Year, Hari Raya, Deepavali, Christmas, and New Year, it would take longer for the products to be shipped out taking into consideration of the public holidays.
If you place an order during weekends/public holidays, we would only start processing the order once our online team is back to work.
If you place an order for popular brand Colour Contact lenses, we usually would have stock but only the most popular colors. If you ordered a unique color, then, it would take up to three (3) to seven (7) working days to be shipped out.
We shall deliver the Product to you at the place of delivery requested by you in your Order and within the time indicated by us at the time of your Order. As such time indicated is merely an estimate and we reserve the right to amend the indicated time frame, shall any circumstances arise that delay or prolong the delivery time. We shall endeavor to let you know if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for the delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for the delivery. You need to keep the receipt of the delivered Product in case of future discussions with us about it. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within three days of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
charge you for our reasonable storage fee and other costs reasonably incurred by us; or no longer make the Product available for delivery or collection and notify you that we are immediately canceling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).
It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have and, when not, that fitting is subject to imperfections and misspecifications from your side.
We use the best & most reliable courier service. To ensure that your order reach you promptly and safely, do provide us with an address that is able to receive the parcel during delivery hours such as an office address or the address of your place of work. This will avoid any issue of non-delivery.
- Delivery Time = Shipping Time + Transit time
Delivery Time is the time it takes to reach your desired shipping address. Shipping time is the time it takes the courier company to reach the destination excluding transit time if applicable. Transit time only applies to international orders where the parcel needs to clear the custom, duty, and tax of each respective country.
- Delivery Time displayed above represents the number of business days after the goods leave our warehouse. It is provided as an informational purpose only and used as a guideline.
- We are not responsible for any delay by different countries customs clearance procedure or the respective Postal services delay in handling the mail parcel.
- Bettervisionmy.com is NOT responsible for any sales taxes, GST, stamp duties or any other fees applied by the customs service in your country.
- We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them separately.
- Once the order leaves our warehouse, we shall not be liable for any risk of the product and it shall be solely with the carrier during transit.
We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
LIMITATION OF LIABILITY
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or
- otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.
We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
We shall have no Liability for:
loss of revenue;
loss of actual or anticipated profits;
loss of contracts; loss of the use of money;
loss of anticipated savings;
loss of business;
loss of operation time;
loss of opportunity;
loss of goodwill;
loss of reputation;
loss of, damage to or corruption of data;
any indirect or consequential loss.
GUARANTEE AND COMPLAINTS MANAGEMENT
We shall perform our obligations under these Terms & Conditions with reasonable skills and care. We place great value on our customer satisfaction. You may contact us at any time using the contact details given in these Terms & Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.
In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help us if you can describe the matter of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within three Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
CIRCUMSTANCES BEYOND OUR CONTROL
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered). 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 an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
We may terminate the applicable Contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.
Termination of a Contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
Any notice shall be in writing and such notice(s) or legal proceedings may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other and it shall be deemed as though the received by the intended recipient after two (2) business days. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order. No failure or delay by us in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms & Conditions.
If any clause in these Terms & Conditions or shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms & Conditions or all or any of your rights or obligations under these Terms & Conditions.
No person who is not a party to these Terms & Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms & Conditions its assent to any such term. These Terms & Conditions (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law.
Both we and you hereby submit to the exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
AMENDMENT TO TERMS & CONDITIONS
We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions. No other terms or changes to the Terms & Conditions shall be binding unless agreed in writing signed by us.