Terms & Conditions
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 www.citylens.my (the “Site”) to you. Please read these Terms & Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions.
About us and Interpretation
CityLens (M) Sdn Bhd was incorporated in Malaysia on 19 December 1990 under the Companies Act, 1965 as a private limited company.
“Account” means the account that you will need to register for on the Site if you would like to submit 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, nor (ii) a public holiday anywhere in Malaysia;
“Contract” means your Order of a Product or Products in accordance with these Terms & Conditions;
“Customer” means individual who places an Order on the Site;
“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;
“Order” means the order submitted by you to the Site to purchase a Product from us;
“you” means the Customer who places an Order.
2. Your Status
These Terms & Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall, in any event, constitute your unqualified acceptance of these Terms & Conditions.
Any conditions that you submit propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms & Conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is Formed
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay, including VAT, if applicable, 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 or by Paypal, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full.
Depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other 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 methods which you use is your own. When you submit an Order to the Site, you agree that you do so subject to these Terms & Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms & Conditions each time you submit your Order.
Your Order remains valid as an 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 stating 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 discretion refuse to accept an Order from you for any reason, 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).
A Contract shall be formed, and we shall be legally bound to supply the Product to you when we accept your Order. 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 cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price 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. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. 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. Delivery 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. We reserve the right to amend the indicated time frame, shall any circumstances arise that delay the delivery time. We shall let you know if we expect that 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:
1) Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
2) No longer make the Product available for delivery or collection and notify you that we are immediately cancelling 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.
5. International Orders
Your order may be subject to import duties and taxes, which are levied once a shipment reaches your country. CityLens is NOT responsible for any sales taxes, VAT, duties/taxes or any other fees applied by the customs service applied to your package. Your order may also incur additional charges for customs clearance. Customs policies vary widely from country to country; please contact your local customs office for further information.
It is your obligation to have the goods import/export license or permission to import/export required by your local custom if needed. We in any case will not be held responsible if the goods are confiscated or detained by the local authorities.
By law, we must declare all items at their full price and cannot alter this amount to decrease international custom fees. If you refuse a shipment from CityLens, you are responsible for the original shipping charges, any import fees, duties and/or taxes that are incurred on the package, and the cost of returning the package to CityLens Malaysia.
6. Out of Product Cancellation
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.
7. Order Cancellation Policy
In order to cancel a Contract by the buyer, or any portion of a Contract, the buyer will need to contact our Customer Service Department and our Customer Service Representatives. In any event, whereby cancellation is allowed, the transaction commission fees (example by PAYPAL) being charged will be borne by the buyer. Custom Lenses, including novelty and made-to-order lenses, can not be cancelled, returned, or exchanged once the Order has been Received.
8. Return Policy
It is very important for us to keep our customers happy! If you are not completely satisfied, please contact us within three(3) days of receiving your order. We will handle the return/refund request on a case by case basis. Shipping and return shipping is the buyer’s responsibility. Please do not return your order without first contacting us. We can only accept return if the lenses are found to be factory defective. We cannot replace your lenses if you do not like the colour or the parameters you have ordered are not suitable for your eyes. When ordering from our online store, you are confirming that you have consulted your Eye Care Specialist.
9. Criteria for Accepting Return/Exchange
You may return the product within seven(7) days of receiving the product if it is in good condition (no trace of use, no damage, and returned in the original package), only if we have agreed that the product is returnable. Please make sure that the item for returning is in a condition that it can be sold again and that the original package is intact.
10. Lost In Mail
Whilst every care is taken when sending items, occasionally, the post does go missing. In most cases, this is usually a case of ‘delayed post’ rather than missing parcels as most post eventually turns up. If you are concerned, please do not hesitate to contact us at email@example.com and we will do everything in our power to locate your item.
11. Faulty Products
We warrant that the Product will be delivered undamaged in the quantities ordered, and the Product will confirm with the manufacturer’s latest published information as set out on the Site or in our Product material at the time of your Order. Minor differences in material, colour, weight, measurements, design and other features might occur to the extent that they are reasonable. The product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions. We try very hard to deliver Products in excellent condition.
However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our suppliers) to inspect within a reasonable time. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including you, specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective, and you providing us with the delivery note number and such other information as we reasonably require. If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
– been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or,
– been involved in an accident or damage caused by an incorrect attempt at modification or repair; or
– been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
– deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result
– the faulty lens to be returned in the original packaging including boxes, bottles, and blisters
– exchange charges to be borne by the buyer
You may use promotional vouchers as payment for Products on the Site. If you have a promotional voucher, that voucher can be used by someone other than you, and you can assign your rights to use that voucher. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment. We assume no liability for the loss, theft or illegibility of promotional vouchers.
13. Conditions for the redemption of promotional vouchers
From time to time, we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.
The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
The credit of a promotional voucher does not accrue interest nor does it have a cash value.
If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
14. 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. Nothing in these Terms & Conditions shall exclude or limit:
– our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; or (iii) any other Liability which cannot be excluded or limited by applicable law; or
– your statutory rights as a consumer. 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 do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these
15. Terms & Conditions
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.
16. 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.
17. Data Protection
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.
18. Default, Winding Up
If you are (i) in breach of any of your obligations under a Contract; or (ii) give notice to any of your creditors that you have suspended or are about to suspend payment or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business, and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction; 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 under a Contract shall be in writing and 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. Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in Malaysia. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. 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 despatched or a delivery report received.
20. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
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 or you 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 or your rights under these Terms & Conditions or a Contract.
If any clause in these Terms & Conditions or a Contract 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 or a Contract 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 a Contract or all or any of your rights or obligations under these Terms & Conditions or a Contract. Nothing in these Terms & Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
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 or that Contract its assent to any such term. These Terms & Conditions and a Contract (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 non-exclusive jurisdiction of the English and Swiss Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
22. Amendment to the General Business Terms
We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions.
If you have any comments or suggestions, we would be pleased to receive them by emailing us at firstname.lastname@example.org. Alternatively, you may call us on +60127701660 – this number is ready to receive calls from 11 am and 5 pm from Monday to Friday.
Notice: The above Terms & Conditions are CityLens (M) Sdn Bhd copyrighted intellectual property. This means any use by third parties for commercial services or intellectual consideration is an infringement that may be subjected to legal action.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SERVICE, AND THE INFORMATION, SOFTWARE, DOCUMENTS, SERVICES, PRODUCTS, TEXT, GRAPHICS, LOGOS, LINKS OR OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE AT, FROM OR THROUGH COMPANY OR THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE SERVICE AND ALL SUCH MATERIALS MAY BE MODIFIED, AMENDED, REVISED, UPDATED OR CHANGED BY COMPANY AT ANY TIME. COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REVISE, UPDATE OR CHANGE THE SERVICE AND THE INFORMATION AND MATERIALS CONTAINED IN THE SITE FROM TIME TO TIME, BUT IT IS UNDER NO OBLIGATION TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE OR THE SITE WILL MEET YOUR EXPECTATIONS. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY INACCURACIES, TYPOGRAPHICAL ERRORS, OUTDATED INFORMATION OR OMISSIONS CONTAINED IN THE SITE, OR ANY CONTENT CONTAINED IN THE SITE THAT YOU MIGHT FIND OFFENSIVE OR OTHERWISE OBJECTIONABLE.