Vision Commercial (“seller”) agrees to sell and the Customer agrees to buy the goods ordered through Vision Commercial | online shop Website.
Your Acceptance of These Terms & Conditions
By using the Vision Commercial Website, you are deemed to accept the “Terms and Conditions” of sale. If you are NOT able to agree with any aspect of this policy, please do not use the Vision Commercial Fiji Website.
All prices are given in Fiji Dollars.
The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
All prices are exclusive of delivery handling charges.
The information provided by this website is subject to change without notice. While every effort has been made to ensure accuracy, Vision Commercial will not be liable for any inaccuracies in the information contained herein.
You are bound to pay Vision Commercial the price once your order is accepted. A quotation does not give rise to a binding contract until you place an order, which Vision Commercial subsequently accepts.
Payments will be through Credit Card Transaction.
You cannot withhold payment or make any deductions from any amount you owe Vision Commercial without prior written consent from Vision Commercial.
All Prices are VAT inclusive.
Where Vision Commercial agrees to transport the goods to a specified place, we will deliver, or arrange delivery of the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises.
Any time stated for delivery is an estimate only. No claim shall be made by you on account of late delivery however caused.
All delivery charges shall be at your cost unless otherwise agreed and stated.
Risk and Ownership
Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
Ownership of the goods remains with Vision Commercial and does not pass to you until you pay all amounts you owe to Vision Commercial or resell the goods in accordance with these terms.
Vision Commercial can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Where the Sale of Goods Act 1985 [Cap 230] (“the Act”) applies:
If the goods are acquired by you for Business Purposes you agree that the Act does not apply.
If on-supply goods you must:
notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
you acknowledge that no express warranties or conditions (as defined in the Act) are or are to be provided.
Except as otherwise required or prevented by law or except as expressly provided under these terms and subject to providing proof as required, Vision Commercial is not liable for any claim in relation to any goods supplied to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature are completely excluded.
If there is any dispute with regard to the goods then section 55 of the Sale of Goods Act would be applicable.
Use of Information
You agree that Vision Commercial may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business and you consent to any person providing Vision Commercial with such information.
You agree that Vision Commercial may give any information obtained about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
You must notify Vision Commercial of any change in circumstances that may affect the accuracy of the information you’ve provided.
If you are an individual, i.e. a natural person, you have rights to request the correction of any personal information Vision Commercial holds about you.
Vision Commercial shall not be liable for any delays or failure in complying with any obligation imposed under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Vision Commercial for any reason, our total liability to you is limited to the price of those goods and services supplied by Vision Commercial to which the liability relates. Vision Commercial will not, in any case, be liable for any consequential or special damages, including loss of business profits.
If Vision Commercial is unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then Vision Commercial is released from our obligations under this agreement.
Description of Products
Modifications and improvements to the products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.
Pictures and Images
Vision Commercial aims to include up-to-date images of the goods on this web site. However, our images of the goods may differ from the actual goods. Vision Commercial recommends you read the labels on the goods carefully before opening and/or using the goods.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller to settle the difference.
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
You hereby indemnify and will keep Vision Commercial indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.
If Vision Commercial exercise or fail to exercise any right or remedy available to Vision Commercial, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by Vision Commercial and signed by an authorized person.
This contract and its terms are governed by, and shall be construed in accordance with, the laws of Fiji. Both parties submit to the exclusive jurisdiction of the courts of Fiji.
Changes to these Terms & Conditions
Vision Commercial reserves the right to change these Terms & Conditions from time to time by publishing the changed Terms & Conditions on the seller’s website. When revised Terms & Conditions are published on this website, all orders submitted by the buyer after the revised Terms & Conditions are published shall be subject to the revised Terms & Conditions.