Terms and Conditions

1. 1.1

   This platform (www.eyezgroup.com) (“Platform”) is operated by Eyez Optometry Holdings Sdn Bhd (“EYEZ Group”). Throughout this Platform, the terms “we”, “us” and “our” refer to EYEZ Group.

2. 1.2

   The following terms and conditions, including those additional terms and conditions and policies referred to anywhere in this Platform (collectively referred to as “Terms and Conditions”) shall apply to all visitors, users and any party who access this Platform. By visiting our Platform and/or purchasing the products sold on our Platform, you agree to be bound by the Terms and Conditions.

3. 1.3

   Please read this Terms and Conditions carefully before accessing or using our Platform. By accessing or using any part of our Platform, you agree to be bound by this Terms and Conditions. If you do not agree to any of the Terms and Conditions herein, then you may not access this Platform or purchase any of the products sold on our Platform.

4. 1.4

   We reserve the right to revise this Terms and Conditions at any time without prior notice to you. In the event of any revision(s) made to this Terms and Conditions, the revised Terms and Conditions will be posted on this Platform and shall be effective immediately. Please check this Terms and Conditions regularly as your access to this Platform pursuant to the revised Terms and Conditions being posted on this Platform shall constitute your consent to such revised Terms and Conditions.

5. 1.5

   We may, with or without prior notice, terminate any of the rights granted by this Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Platform.

1. 2.1

   You represent and warrant that you are at least 18 years old and that you are legally eligible to enter into binding contracts.

2. 2.2

   In the event you intend to purchase products from our Platform, you are required to register and create an account with us as a customer. When creating your account, all information that you provide to us must be true, accurate, current, correspond to reality and complete in all respects. You are responsible for keeping any such information given to us complete and up to date. Should any of your information change, you shall change it online or notify us through email immediately.

3. 2.3

   All information or personal details that you provide to us shall be processed in accordance with our Privacy Policy which can be found in our website. You agree to be bound by all the terms and conditions of the Privacy Policy.

4. 2.4

   At all material times, you are responsible for maintaining the confidentiality of your account and password. Your password should be unique and kept secured at all times. You will be solely responsible:-

   • for all and any access to and use of this Platform by anyone who access your account using your password whether or not such access to your account is authorised by you;
   • all activities that occur under your account and/or password; and
   • for immediately notifying us of any unauthorized use of your password or any other breach or threatened breach of the security of this Platform.
5. 2.5

   We may cancel your account with us, with or without prior notice, at any time including but not limited to your non-compliance and/or violations of the Terms and Conditions herein in any way. We reserve the right to refuse and sale of our product(s) to you and/or terminate your account without prior notice if this Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

6. 2.6

   You agree to be bound to this Terms and Conditions and to accept liability for harm caused by any wrongful use of this Platform resulting from such access or use.

1. 3.1

   When you use this Platform and place orders to purchase our product(s) through this Platform, you agree, but not limited to, the following:-

   1. use this Platform to make enquiries and legally valid orders only;
   2. not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we have the right to cancel such order;
   3. provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order;
   4. prohibit from any actions that will or may cause disadvantage, financial loss or other damages to other users of this Platform, third parties or EYEZ Group;
   5. prohibit from any actions that will or may be offensive to public order and morals, or violate laws, regulations, and ordinances;
   6. prohibit from any false declarations when using this Platform for membership registration or other purposes;
   7. prohibit from any illegitimate use of email addresses, passwords, or other personal information;
   8. prohibit from using this Platform to solicit business or achieve other commercial ends for profit, or for preparations thereto; and
   9. prohibit from other actions that may interrupt the operation of this Platform.

1. 4.1

   While we endeavour to be as accurate as possible when describing the products available on this Platform, pricing, promotions, offers, product shipping charges and availability, to the extent permitted by applicable law, we:-

   1. do not warrant that the product descriptions, colours or any other content available on this Platform are accurate, complete, reliable, current, or error-free; and
   2. reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this Platform is inaccurate at any time without prior notice (including after you have submitted your order).

1. 5.1

   The products available for your purchase on this Platform, including any samples that are provided to you are strictly for personal use only. Unless you are registered as our authorised agent, you agree not to sell or resell any of our products that you have purchased through our Platform or samples that you have received from us.

2. 5.2

   You agree not to duplicate, reproduce, copy or exploit any of our product(s) and/or logo.

3. 5.3

   In the event we detect and/or suspect that you have used the product(s) purchased from this Platform in breach of any Terms and Conditions herein, we reserve the right to request for you to return and/or collect and/or take hold of such product(s) for us to conduct an investigation. In relation to this, we reserve all rights to take any actions for all losses and/or damages suffered by us.

1. 6.1

   Orders

   1. The information set out in this Terms and Conditions and the details on the Platform do not constitute an offer for sale, but rather an invitation to treat. Your order constitutes your offer to us to purchase one or more items from us. No contract in respect of any products shall exist between EYEZ Group and you until your order has been accepted by us, evidenced by your receipt of a shipping confirmation e-mail from us. This is irrespective of whether or not funds have been deducted from your account. Please note that if we do not accept your offer or are unable to proceed with the transaction and funds have already been deducted, they will be fully refunded via the payment method used by you.
   2. If you wish to place an order with us, you add the products you wish to purchase to your bag through the Platform, click on “Checkout” and provide the necessary details (as indicated) to us to submit your order. Once you have done so, you will receive an email from EYEZ Group notifying you of our receipt of your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted.
   3. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (“Shipping Confirmation”). The contract for the sale and purchase of an item between you and EYEZ Group (“Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of those items has been confirmed in a separate Shipping Confirmation.
   4. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
2. 6.2

   Price & Payment

   1. Prices shown on the Platform are in Malaysian Ringgit (RM) and are inclusive of SST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Platform or other form of notification.
   2. The price of products will be as stipulated at all times on our Platform, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Platform are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If EYEZ Group is unable to contact you, your order may be cancelled, and the amount paid by you will be refunded in full via the original payment method you used.
3. 6.3

   Mistaken Order

If you discover that you have made a mistake with your order after you have submitted it to the Platform, please contact [email/contact no.] immediately. We will try our best to process your request.

1. 6.4

   Refusal of Order

   1. We reserve the right to withdraw any products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all orders but there may be exceptional circumstances wherein, we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
   2. If we cancel your order and you have already made payment for your order, the payment amounts will be fully refunded to you via the original payment method you used.
   3. We will not be liable to you or any other third party by reason of our withdrawing any product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an order.
2. 6.5

   Cancellation of Order

If you wish to cancel your Order, please contact our us at [email/contact no.]. No cancellation fees shall be applicable. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by us.

1. 6.6

   We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of the Terms and Conditions. In relation to this, payment that have already been made will be refunded to you via the original payment method you used.

2. 6.7

   We are not responsible for any payment gateway providers and any of your losses/damages suffered as a result of such payment gateway providers.

1. 7.1

   We aim to deliver the product(s) to you at the place of delivery requested by you in your order and the delivery time within 3 to 14 working days subject to stock availability otherwise, indicated by us at the time of your order checkout (as updated in the Order Confirmation).

2. 7.2

   We shall notify you if we expect to be 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.

3. 7.3

   Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

4. 7.4

   For shipping, a shipping charge will incur depending on the shipping location stated below:
   
   West Malaysia – RM7
   East Malaysia – RM15

5. 7.5

   Self-Collect is available and is FREE of charge. Once your order is ready for collection, we will send you an email notification and simply drop by our designated outlet stated below to pick up your orders between 11am to 8pm Monday to Friday.

EYEZ OPTOMETRY
F07, First Floor Atria Shopping Gallery,
Jalan SS 22/23, Damansara Jaya,
47400 Petaling Jaya, Selangor.

ZEISS VISION CENTER
Lot S-243B, 2nd Floor The Gardens Mall,
Lingkaran Syed Putra Utara,
Mid Valley City, 59200, Kuala Lumpur.

ZEISS VISION CENTER
Lot 2.103.00, Level 2, Elite Pavilion,
166, Jalan Bukit Bintang,
55100 Kuala Lumpur.

ZEISS VISION CENTER
G30, Ground Floor, The Spring Shopping Mall,
Persiaran Spring,
93300 Kuching, Sarawak.

1. 7.6

   For International shipping, kindly contact us via email This email address is being protected from spambots. You need JavaScript enabled to view it. for special arrangement.

1. 8.1

   You may use promotional vouchers while making payment for product(s) on the Platform.

2. 8.2

   Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to EYEZ Group personnel in-store will not be accepted.

3. 8.3

   In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.

4. 8.4

   We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.

5. 8.5

   Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items.

6. 8.6

   The credit of a promotional voucher does not accrue interest, nor does it have a cash value.

7. 8.7

   For cash vouchers stipulated for a specified sum, if you choose to return the product, you will not be refunded the value of the cash voucher.

1. 9.1

   All goods sold are non-refundable.

2. 9.2

   You may only return your product(s) to us and we will only process the return and arrange for a replacement only for any of the following reasons:-

   1. you received the wrong product in your package; or
   2. the product has a manufacturing defect (excluding goods marked as display set items or clearance goods),

   (“Returnable Product(s)”).

3. 9.3

   You shall ensure that the Returnable Product(s) is sent to us in the same condition as it was when received by you and is packaged properly. In the event that the Returnable Product(s) is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Returnable Product(s) back to you.

4. 9.4

   You are only allowed to receive a replacement at the same amount or lower in price. For product(s) that is more expensive than the Returnable Product(s), you are required to top up the difference in price.

5. 9.5

   You may request for return/replacement within 7 calendar days upon receipt of the product(s).

1. 10.1

   Subject to this Terms and Conditions, all products made available on this Platform are provided on an “as is” basis. We, including our directors, officers, employees and agents, to the extent permitted by applicable law, hereby disclaims any and all warranties, express of implied, including any warranty as to accuracy and completeness of the product(s).

2. 10.2

   We, including our directors, officers, employees and agents, to the extent permitted by applicable law:-

   1. will not be liable for any exemplary, punitive, direct, indirect, incidental, consequential or special damages arising out of or in connection with this Terms and Conditions and we make no (and hereby disclaims and negates any and all) warranties or representations whatsoever, express or implied, with respect to our product(s);
   2. in no event will we be liable to any parties using the product(s) or to any other parties; and

   in respect of this, you further agree to waive all special, indirect, exemplary, punitive, direct and consequential damages against us.

3. 10.3

   In any event, to the extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us in relation to such product(s) allegedly giving rise to our liability.

1. 11.1

   When you access this Platform, you agree that you will act in accordance with the law, custom and in good faith. Without limiting the generality of any terms of this Terms and Conditions, in the event of any breach by you of any terms herein, you shall be liable for all the losses and damages that this may cause to us or our partner.

1. 12.1

   You shall indemnify and keep us, including our directors, officers, employees and agents, our successors-in-title and/or legal assigns fully indemnified from and against all claims, actions, proceedings, damages, costs, expenses and any other losses of whatsoever nature (including the legal expenses on a full indemnity basis) which we may suffered or incur arising from or in any way attributable, including without limitation, to the followings:-

   1. your breach of any of the terms of this Terms and Conditions or any applicable law;
   2. any negligence or default or wilful misconduct (including any non-compliance with any of the terms herein);
   3. any action or other proceeding in court taken by us to enforce or to recover damages for breach of any terms of this Terms and Conditions; and/or
   4. any claims by third parties against us arising from a breach by you.
2. 12.2

   This indemnity shall continue in force notwithstanding the termination of your account.

3. 12.3

   For the avoidance of doubt, we disclaim any and all liabilities or lawsuits made against you.

1. 13.1

   All information and content available on this Platform and product(s) available on this Platform including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images and/or audio clips (hereinafter collectively known as "Content") is the property of us.

2. 13.2

   Neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever without our express, prior written consent.

3. 13.3

   For the avoidance of doubt, you are not allowed to use our Content, including but not limited to as follows:-

   1. in connection with any product(s) in any way that is likely to cause confusion; and/or
   2. in any manner that disparages or discredits us.

1. 14.1

   You that all Confidential Information received from us are confidential and are not to be disclosed to or relied upon by anyone else, except with the prior written consent from us.

2. 14.2

   “Confidential Information” shall include, without limitation, all information transmitted in writing, orally, visually, electronically or on magnetic media, and including all financial and credit report, product plans and technologies, technical information, trade secrets, know-how, ideas, concepts, designs, drawings, sketches, flow charts, blue prints, diagrams, test data, applications, progress reports, methods research and any other personal or intellectual property relating, as appropriate, to the you and shall not include information that-

   1. is known to you prior to your receipt or becomes known to you by disclosure from a third party who has a lawful right to disclose the information;
   2. is or becomes known to the public; and/or
   3. is required to be disclosed by any relevant governmental authority or court of competent jurisdiction.
3. 14.3

   All obligations to preserve Confidential Information shall survive the termination of this Terms and Conditions and your account with us.

1. 15.1

   In the event of any disputes between you and us, we shall endeavour to settle all disputes, amicably by mutual consultation.

2. 15.2

   In the event that you and us are unable to reach an amicable settlement, such disputes shall be finally referred to the exclusive jurisdiction of the Malaysian Courts for adjudication.

1. 16.1

   If any of the terms of this Terms and Conditions or any part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms of this Terms and Conditions shall not in any way be affected or impaired thereby.

1. 17.1

   We shall not be liable for any failure to perform any of our pursuant to this Terms and Conditions if the failure results from events beyond the reasonable control of us. For the purpose of this Terms and Conditions, such events shall include, but not limited to, strikes, lock-outs, or other labour disputes, riots, civil disturbances, actions or inactions of government authorities or supplies, epidemics, wars, embargoes, acts of God or other catastrophes.

1. 18.1

   The failure of us at any time to enforce any of the provisions of this Terms and Conditions shall not in any way affect our full right to require such performance at any time thereafter, nor shall the waiver of a breach of any terms herein be taken or held to be a waiver of any succeeding breach of such terms nor as a waiver of the terms itself, and this Terms and Conditions shall, in all respects, remain valid and our right thereafter to enforce each and every terms strictly shall remain unaffected.

2. 18.2

   The rights and remedies provided in this Terms and Conditions are cumulative, and are not exclusive of any rights or remedies of you and/or us provided at law, no failure or delay in the exercise or the partial exercise of any such right or remedy or the exercise of any other right or remedy will affect or impair any such right or remedy.