1.1 Introduction
Welcome to OPTIMA.
These Terms of Service govern your use of our website, online store, products, content and related services.
By accessing our website, placing an order, creating an account or purchasing an OPTIMA product, you agree to these Terms of Service together with our Privacy Policy, Shipping Policy and Return & Refund Policy.
If you do not agree with these terms, please do not use the website or purchase products through it.
1.2 About OPTIMA
OPTIMA supplies hydration, electrolyte, nutritional, wellness and performance-support products.
Our product range, formulations, flavours, packaging, appearance and serving recommendations may change or develop from time to time.
Customers should always read the actual product label and packaging before use.
If there is a material difference between information displayed on our website and the product received, please contact us before using the product.
1.3 Health and Product Disclaimer
OPTIMA products are intended to support hydration, nutrition, wellness and/or physical performance as described on the relevant product label.
Unless expressly stated and legally authorised otherwise, OPTIMA products are not medicines and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
Information provided through our:
is provided for general informational purposes only and should not be regarded as medical advice.
Individual responses to nutritional ingredients and products can vary.
Customers are responsible for determining whether an OPTIMA product is suitable for their individual circumstances.
You should obtain advice from an appropriately qualified healthcare professional before using an OPTIMA product if you:
Always follow the serving instructions appearing on the product label.
Do not intentionally exceed the recommended serving instructions unless appropriately advised by a qualified healthcare professional.
Do not use a product if the tamper-evident or safety seal appears broken or damaged before first opening.
If you experience an unexpected or concerning reaction, discontinue use and obtain appropriate medical advice.
OPTIMA does not guarantee any particular:
1.4 Customer Responsibility
By purchasing and using an OPTIMA product, you agree to:
OPTIMA will not be responsible for harm resulting from intentional misuse, incorrect storage, contamination after delivery, alteration of the product or use contrary to clearly stated instructions, except where applicable law provides otherwise.
1.5 Personal Tolerance
Individual tolerance to nutritional ingredients varies.
The fact that a customer experiences digestive discomfort, does not enjoy a flavour, finds a product too salty, sweet or strong, or otherwise does not personally tolerate a product does not automatically mean that the product is defective.
This does not affect a customer’s rights where a product is genuinely defective, unsafe, contaminated or incorrectly manufactured.
1.6 Competitive Athletes
Competitive and professional athletes are responsible for understanding any anti-doping rules applicable to them.
Unless OPTIMA specifically states in writing that a particular product or production batch has been independently tested or certified under a recognised banned-substance testing programme, customers should not assume that such certification exists.
Athletes subject to anti-doping testing should obtain appropriate advice before using any nutritional product.
1.7 Eligibility to Purchase
By placing an order, you confirm that you have the legal capacity to enter into the transaction or, where required, have the consent and assistance of a parent or legal guardian.
Customers must provide accurate and complete information when placing an order.
OPTIMA may refuse or cancel an order where we reasonably suspect:
1.8 Product Information
We take reasonable care to ensure that product information displayed on our website is accurate.
This may include:
However:
Where a material website error affects your purchase, OPTIMA will provide an appropriate remedy in accordance with applicable law.
1.9 Prices
Unless stated otherwise, prices are displayed in South African Rand.
Where applicable, prices will indicate whether VAT is included.
Delivery costs, where applicable, will be displayed during checkout.
OPTIMA may change prices at any time.
Price changes will not ordinarily affect an order already accepted, except in cases of an obvious pricing or technical error and subject to applicable law.
1.10 Promotions and Discount Codes
Promotional offers may have separate conditions.
Unless expressly stated otherwise:
1.11 Orders
Adding a product to your shopping cart does not reserve that product.
Submitting an order constitutes an offer to purchase the selected products.
An automated order acknowledgement does not necessarily mean that the order has been finally accepted.
An order will generally be accepted once payment has been authorised and OPTIMA accepts the order for fulfilment.
We may decline or cancel an order before dispatch where there is a legitimate reason, including:
Where OPTIMA cancels a fully paid order, any amount lawfully due to the customer will be refunded.
1.12 Stock Availability
All products are subject to availability.
If an item becomes unavailable after an order has been placed, we may offer:
We will not substitute a materially different product without your agreement.
1.13 Payment
Available payment methods will be displayed at checkout.
Payments may be processed through third-party payment service providers.
By submitting payment information, you confirm that you are authorised to use the selected payment method.
Where payments are handled by an external payment provider, OPTIMA generally does not intentionally store full payment-card information.
Payment providers may operate under their own terms and privacy policies.
We reserve the right to perform reasonable fraud-prevention checks before dispatching an order.
1.14 Fraud and Chargebacks
Customers may not:
OPTIMA reserves its legal rights where fraud is reasonably suspected.
This does not prevent a customer from raising a genuine payment dispute or exercising a lawful consumer right.
1.15 Delivery
All deliveries are subject to our Shipping Policy.
Delivery times are estimates unless expressly confirmed as guaranteed.
Customers are responsible for providing complete and accurate delivery details.
1.16 Returns and Refunds
Returns and refunds are governed by our Return & Refund Policy.
Because OPTIMA supplies consumable nutritional products, strict hygiene and product-integrity requirements apply to opened products.
Once an OPTIMA product has been opened, unsealed, used or had its tamper-evident seal broken, it cannot be returned or refunded merely because the customer changed their mind, does not like the flavour, does not like the taste or personally does not tolerate the product.
This does not affect statutory rights where a product is genuinely defective, unsafe, contaminated or incorrectly supplied.
1.17 Customer Accounts
Where customer accounts are available, you are responsible for:
We may suspend accounts where we reasonably suspect fraud, abuse, unlawful behaviour or serious breaches of these Terms.
1.18 Reviews, Testimonials and User Content
If you submit a product review, photograph, testimonial or other content to OPTIMA, you confirm that:
Where legally permitted, you grant OPTIMA permission to reproduce and display content intentionally submitted to us for website or marketing purposes.
1.19 Intellectual Property
The OPTIMA name, logo, branding, packaging, website content, photographs, graphics, advertising materials, product names and other intellectual property are owned by or licensed to OPTIMA.
You may not copy, reproduce, commercially distribute, modify or exploit our intellectual property without prior written permission, except where permitted by law.
1.20 Unauthorised Resale
Products purchased through the OPTIMA consumer website are intended primarily for personal use unless otherwise agreed.
Unauthorised commercial:
is prohibited to the extent permitted by law.
1.21 Website Use
You may not:
1.22 Third-Party Services
Our website may use or link to third-party services including:
These third parties may operate under their own terms and privacy policies.
OPTIMA is not responsible for third-party systems outside our reasonable control, subject to applicable law.
1.23 Website Availability
We aim to keep our website operational and accurate but cannot guarantee uninterrupted access.
The website may occasionally be unavailable due to:
1.24 Limitation of Liability
To the maximum extent permitted by South African law, OPTIMA will not be liable for indirect, incidental, special or consequential losses resulting solely from use of our website or improper use of our products.
Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded.
Nothing in these Terms removes consumer rights relating to defective, unsafe or incorrectly supplied products.
1.25 Indemnity
To the extent permitted by law, you agree to indemnify OPTIMA against losses reasonably resulting from:
This does not require a consumer to indemnify OPTIMA for conduct for which OPTIMA is legally responsible.
1.26 Force Majeure
OPTIMA will not be responsible for delays or failures caused by circumstances reasonably beyond our control, including:
We will take reasonable steps to reduce disruption and comply with mandatory legal obligations.
1.27 Applicable Law
These Terms are governed by the laws of the Republic of South Africa.
Nothing prevents a consumer from exercising rights available through a court, regulator, ombud, commission or other legally recognised dispute-resolution body.
1.28 Complaints
Please contact us first if you have a complaint so that we can attempt to resolve the matter efficiently.
Email: info@getoptima.co.za
Please include:
1.29 Changes to These Terms
We may update these Terms to reflect changes to our products, website, operations or applicable legal requirements.
The latest version will be published on our website together with its effective date.
1.30 Severability
If one provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
