ARTICLE 1 - PURPOSE AND SCOPE
The present General Terms and Conditions of sale (the "GTC") apply to all the orders placed on the Internet website www.vuarnet.com (hereafter the "Website") by purchasers not professionals, natural persons having the quality of consumer within the meaning of the preliminary article of the Code of consumption, relating to the purchase of Products presented on the Website (hereafter the "Product(s)") near the company Sporoptic Pouilloux SA, registered with the Register of the Trade and the Companies of Paris under the number 309 552 008 and having its registered office with the 29 street taitbout - Paris 75009 (hereafter "SPO" or "us" or "our"). These GTC exclusively govern the applicable contractual relations between SPO and any Internet user accessing the Website for any reason, including making a purchase (hereinafter referred to as "Client and together as the Parties"). The GTC are applicable exclusively to Products delivered to consumers located in: Germany, Austria, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, Metropolitan France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Portugal, United Kingdom, Slovakia, Slovenia and Switzerland. Any order implies prior acceptance of the T&Cs by a checkbox provided for this purpose that includes a hypertext link to said T&Cs. The General Terms and Conditions of Business are available to customers on the Website, where they can be viewed at any time. SPO reserves the right to change its terms and conditions at any time. The terms and conditions applicable to the relationship between SPO and the Customer are those in force on the day the order is confirmed. They supersede all other conditions. SPO invites the Customer to read the T&Cs carefully each time he/she visits the Website and before each order. In order to place an order on the Website, the Customer expressly declares that he/she has full legal capacity to enter into this contract, i.e. that he/she is of legal age (18 years old in France) and that he/she is not under guardianship or curatorship. The Customer undertakes not to purchase Products on the Website with the intent of reselling.
ARTICLE 2 - PRODUCTS
2. 1 Characteristics
The products offered for sale presented on the Website are each described on their product page and mention their essential characteristics as described by Article L. 111-1 of the Consumer Code. The representations and photographs illustrating the products do not constitute a contractual document. They are as accurate and faithful to reality as possible, but for technical reasons (photographic and digital reasons, including photoshoot lighting during and screen resolution/coloration of personal computing devices), the actual rendering of the products (in particular the color, dimensions, textures and other characteristics) may sometimes differ slightly from that of the photos presented on the Website. The photographs and representations cannot be considered in actual size because screen resolution varies depending on the Customer's equipment. The Customer is invited to refer to the product description to know their precise characteristics. In case of doubt, or to obtain additional information or photos, it is possible to contact the Customer Service Team by email (web@vuarnet.com) or via the contact form
2. 2 Compliance
The products comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.
2. 3 Stock availability
Product and price offers are valid as long as they are visible on the Website, within the limits of available stock, excluding promotional operations indicated as such on the Website. Sales are concluded subject to the actual availability of the products. SPO makes every effort to keep the information on the availability of Products on the Website up to date. Thus, as a general rule, only Products that are available can be ordered. In the event that a Product ordered is unavailable for reasons beyond SPO's control, the Customer will be informed by e-mail or telephone. The order will be automatically cancelled and refunded. SPO reserves the right to offer the Customer a replacement Product of equivalent quality and price. If the Customer does not agree to the replacement Product, SPO will refund the sums paid within a maximum of fourteen (14) days following the cancellation of the order. SPO also reserves the right to refuse or cancel any order for legitimate reasons such as abnormal demand(s), or any order from a Customer who has not paid for a previous order, or with whom SPO has had a dispute over a previous order(s).
ARTICLE 3 - ORDERS
Orders are placed exclusively on the Website. The costs of connection and access to the Internet are the responsibility of the Customer. The Website is accessible to Customers 24 hours a day, 7 days a week, subject to: a case of force majeure as defined by the case law of the Court of Cassation; the availability of an Internet network; temporary suspensions of the Website for technical reasons related to updates of the Website, its maintenance or any other technical cause. 3.1 Creating a personal account The creation by the Customer of his personal account implies that he/she fills in the registration form online. In this respect, the Customer certifies to SPO the accuracy of the information provided in the said form. SPO shall not be liable for any incorrect or incomplete information provided by the Customer, which would make it impossible to execute the order (and therefore to deliver the ordered product) placed. The Customer's ID and password are strictly personal and confidential. The storage and use of the user ID and password are the sole responsibility of the Customer. Any order of Products using these identifiers and passwords will be presumed to have been placed by the Customer. Consequently, SPO shall in no way be held liable for the consequences to the Customer resulting from the illicit, fraudulent or abusive use of the Customer's login and password, or from the ordering of Products by a third party not expressly authorized by the Customer. The Customer undertakes to inform SPO without delay any order placed by a non authorized third party using the Customer's login and password, as well as of any loss or omission of the latter. 3.2. Steps to complete the order The order process is as follows: The Customer selects the product(s) and the quantities he/she wishes to order on the Website by adding them to his/her virtual cart; When he/she has finished shopping, the Customer displays his/her cart with the products he/she has selected. He/her can, if he/her wishes, modify his/her basket before validating it; Once the cart has been validated, the Customer selects the delivery method he/she wishes (with details of costs and delivery times) and provides the applicable delivery and invoicing addresses; Before validating his order, the Customer has access to a summary of his/her order to check the details of the order, identify any errors made in data entry and correct them; The Customer is then invited to confirm his/her order by checking the box accepting the GTC, and by clicking on the button "order and pay.” The Customer is then invited to select his/her means of payment and to pay his/her order online to validate it definitively, via the secure online payment system Payzen or Paypal as proposed on the Website. After payment of the order, SPO acknowledges receipt of the order electronically by sending a confirmation email to the Customer. Unless proven otherwise, the data recorded by SPO (communications, purchase orders, invoices, etc.) are archived on a durable medium to constitute proof of all transactions between SPO and its Customers. These documents may be produced as proof of the contract.
ARTICLE 4 - PRICES AND PAYMENT TERMS
4.1 Prices
The prices of the products are indicated on the Website in Euros, including Value Added Tax at the applicable rate in France, excluding delivery costs, which are indicated in a separate section at the time of the order, depending on the characteristics of the order. These delivery costs are to be paid in addition to the price of the products, and are brought to the attention of the Customer before the order validation stage, when the Customer is invited to choose his/ her delivery method. SPO reserves the right to modify its prices at any time, but the products will be invoiced to the Customer on the basis of the prices in force at the time the Customer validates the order. We constantly check the accuracy of the prices listed, but cannot guarantee that there are no errors. If there is an error in the price of a Product, we will give the customer the opportunity to reconfirm the purchase of the product at the correct price, or to cancel the order. If we are unable to contact you, the order will be considered cancelled. We are under no obligation to sell a Product at the wrong price, even if the order summary has already been sent to you. The product(s) remains the property of SPO until full payment of the price.
4.2 Methods of payment of the price
Payment is due immediately upon ordering. All orders will be considered validated only after completion of payment of the ordered Products, via the secure online payment system Payzen or Paypal as proposed on the Website. Payment for orders is made by credit card (Visa, MasterCard, Carte bleue, Maestro, American Express) or by Paypal. The card is debited when the order is validated. The invoice is attached to the package when it is shipped.
ARTICLE 5 - DELIVERY
5.1. Delivery address
The products will be delivered exclusively in: Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Switzerland, United Kingdom. The products are delivered to the delivery address indicated by the Customer at the time and within the framework of his/her order. No deliveries will be made to hotels or post office boxes. SPO declines all responsibility for delays or non-delivery if the Customer has indicated an incomplete or incorrect address, is absent during delivery or has not collected his/her package at the post office or at the address provided by the carrier within the period provided for this purpose. In these cases, the cost of reshipment will be borne by the Customer. The Customer can track the delivery of his/her order, either by connecting to his/her Customer account, or following the procedure indicated in the order confirmation email (button "see the order").
5.2. Delivery methods and costs
The delivery methods available are Colissimo for France and Fedex for all other countries we deliver to (the list below): Shipment is free in France - from 9,90€ in Germany, Austria, Belgium, Cyprus, Denmark, Spain, Finland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Portugal, Czech Republic, United Kingdom, Slovakia, Slovenia - and from 15€ for Greece and Switzerland
5.3. Delivery time of the products
Delivery will be made within the time limits indicated to the Customer at the time of placing and confirming the order, and at the latest within thirty (30) days after the order, unless otherwise specified, of which the Customer will be informed before placing his/her order.
5.4. Receipt of Products
Each delivery will be made as soon as the products are made available by the carrier to the Customer, or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's control system being the proof. The Customer is strongly advised to notify the carrier at the time of delivery of any reservations about the packaging and, if applicable, the condition of the products (e.g., open and/or damaged package). In the event that the package is damaged upon delivery, the Customer must verify the condition of the products before signing the delivery slip and indicate precisely on the carrier's delivery slip any reservation in the event of missing or damaged Products. If this is not possible, the Customer is invited to formulate reservations about the condition of the goods indicating on the delivery note "subject to verification of the goods given the poor condition of the package" and describing the damage. Any justified protest for damage or partial loss must also be notified to the carrier within three (3) days, not including public holidays, following receipt of the products by extrajudicial act or by registered letter, without prejudice as is stipulated within the law and limits to which the Customer is bound and these GTC.
5.5 : Delay in delivery
5.4.1 In the event of a delay in shipment or delivery known to SPO, the Customer will be informed by email as soon as possible and a new shipment or delivery date will be proposed. The Customer is strongly advised to report any delay in delivery to SPO's customer service department as soon as possible via the contact form. SPO will then conduct an investigation with the carrier to locate the package.
5.4.2 The Customer will have the right to cancel the contract if the delivery of his/her order did not take place on the delivery date initially indicated, or subject to a delay not resulting from the fault of the Customer (incorrect delivery information given by the Customer at the time of the order). The exercise of this right of rescission is carried out in accordance with the provisions of Article L. 216-2 of the Consumer Code: the Client must first instruct SPO, by registered letter with acknowledgement of receipt sent to the following address: SPO Customer Service (Vuarnet), 29 rue Taitbout in Paris (75009), or by email sent to the address web@vuarnet.comto make the delivery within a reasonable additional period; If the products have not been received at the end of this new additional period, the Customer can thin a second time cancel the contract according to the same modalities, i.e. sending a new registered letter with acknowledgement of receipt or another email. The contract is considered terminated upon receipt by SPO of the letter or writing informing it of such termination, unless SPO has since performed. In such a case, SPO will refund the sums paid by the Customer for the order, at the latest within fourteen (14) days following the date on which the contract was terminated.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1. Conditions and deadline for exercising the right of withdrawal
For all Products ordered on the Website, and by application of the provisions of articles L.221-18 and following of the Code of consumption, the customer benefits from a right of retraction. SPO offers its customers a right of withdrawal that exceeds the applicable legal time limit. Customers therefore have a period of thirty (30) days from receipt of the product(s) to change their mind and return the products without justification, in order to obtain a refund. The withdrawal period expires thirty (30) days after receipt of the product, i.e. the day on which the Customer or a third party designated by him/her, other than the carrier, physically takes possession of the product(s) ordered. The right of withdrawal does not apply to Products purchased in stores, but only those purchased on the Website.
6.2. Methods of exercising the right of withdrawal and obligations of the Client
6.2.1 In the event of exercising the right of withdrawal, the Customer must express to SPO's customer service department his/her clear desire to withdraw within a maximum period of thirty (30) days from receipt of the product. In the case of an order for several Products that have been delivered separately, the thirty (30) clear days period begins from the date of receipt of the last Product.
To exercise his/her right of withdrawal, the Customer may: Follow the procedure to return his/her package: For orders delivered in France : - Use the Colissimo return form included in the package to make his/her return.
- Adhere the label on the return package before sending it back. For orders delivered outside of France:
- Use the FedEx return form included in the package to make his/her return.
- Adhere the label on the return package before sending it back. - The customer must call Fedex customer service to schedule the pickup of his/her package. If the customer decides to return the package by his/her own means, the shipping costs are at his/her expense.
6.2.2 Customer shall then return the products to us at ensuring that:
The complete products (labels, accessories, instructions for use for example) are in their original packaging intact and in a condition allowing re-marketing and in new condition (the products must not have been worn, damaged, soiled, scratched, etc.); Place all complete products in suitable packaging guaranteeing the proper transport and safety of the products in order to return them to the address indicated on the prepaid return slip label, COMITEC - WEB RETURN SERVICE 21 rue des frères Lumière, in Meaux in France (77100) without undue delay, no later than fourteen (14) days after having communicated to SPO its decision to withdraw. Place the prepaid shipping label on the package and drop it off at a post office (for orders delivered in France) or contact Fedex customer service (for all other countries where SPO delivers) The Customer is requested to keep the proof of return of the products (given to the carrier, and giving him/her a certain date). In case of dispute, in order to open an investigation for a possible loss of parcel, a proof of deposit will be requested prior to the opening of the investigation.
6.3. Effects of the exercise of the right of withdrawal
Refunds will only be considered for Products not worn, not damaged, not soiled, and returned in their original packaging meeting the above conditions. Products worn, damaged, soiled, scratched or having suffered any other damage resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the products, or returned without their complete accessories and instructions for use will not be refunded. Product returns will be processed by SPO Customer Service to ensure that all conditions set out in the T&Cs are met. In the event that the Customer exercises its right of withdrawal under the above conditions, the value of the returned goods will be refunded to the bank account debited at the time of ordering as soon as possible and no later than fourteen (14) days from the date on which SPO receives all the complete products to be returned, or proof of shipment of the products (if proof of shipment of the products is provided to SPO prior to receipt of the products). As specified above, the cost of returning the products is the responsibility of SPO: If the Customer uses the prepaid label that SPO provides to the Customer; If the Customer decides to return the product by his/her own means, the return costs will remain the responsibility of the Customer.
ARTICLE 7 - LEGAL GUARANTEES
The Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions. SPO is bound by a legal guarantee of conformity in accordance with articles L. 217-4 to L. 217-12 of the Consumer Code: The Customer may benefit from a period of two (2) years from the delivery of the product to act; The Customer may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; The Customer is exempt from providing proof of the existence of the lack of conformity of the product during the two (2) years following the delivery of the product. The legal guarantee of conformity applies independently of the commercial guarantee granted. Finally, the Customer may decide to implement the guarantee against hidden defects of the product sold within the context of Article 1641 of the Civil Code. In this case, he/she can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. In accordance with the regulations in force, the articles of the consumer code and the civil code which the Customer may invoke are reproduced in full below: Article L. 217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. » Article L. 217-5 of the Consumer Code: "The property is in accordance with the contract: If it is specific to the use usually expected of a similar property and, if so: if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling; Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. » Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods. » Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item is made available for repair, if this is after the request for intervention. Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them. Article 1648 paragraph 1 of the Civil Code: "The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect. »
ARTICLE 8 - COMMERCIAL GUARANTEE
In addition to the legal warranties set out below, SPO offers the Customer a commercial warranty for any purchase made on the Website, under the terms described below (the "Commercial Warranty"). Vuarnet eyewear pairs are guaranteed against any manufacturing defect for a period of twenty-four (24) months from the date of purchase (hereinafter the "Guarantee Period"). The Customer must keep his/her proof of purchase, which is valid as a guarantee voucher, and will be requested from him/her in order to exercise his/her rights under our Commercial Guarantee. If the Customer's eyewear is returned during the Warranty Period, any defective component due to a manufacturing defect determined by SPO's technical services will be repaired or replaced free of charge. At the end of the Warranty Period, any maintenance or repair service will be the responsibility of the Customer, subject to any legal guarantees the Customer may have. The following are explicitly excluded from the Vuarnet Guarantee: Defects or damage resulting from misuse, negligence, or accident; Defects or damage caused by improper use (drops, scratches from surface treatments, improper treatment, negligence, impact, improper storage or use, scratches on the lenses, etc.), by alterations, deteriorations, modifications or repairs not authorized, or by normal wear and tear of the product. When the Customer requests a repair during the term of the Commercial Warranty, an additional seven (7) days will be added to the remainder of the warranty. Additional days may be added subject to the discretion of SPO. This period begins from the date of the Customer's request for service, or from the time the glasses are made available for repair, whichever is later. If the damage is not due to a material or manufacturing defect, additional repair costs may apply. The Customer will be notified by email or letter of the additional charges. The Customer may choose to accept the repair of the goods and bear the relevant charges, or have the product returned by SPO in the same condition as when the Customer sent it to SPO. To begin a warranty claim, the Customer is invited to contact our customer service department at the address below. A customer service representative will be happy to assist him/her in identifying his/her SPO product and determining the best way to process his/her Commercial Warranty claim. To contact our customer service: France and Europe : By phone +33 (0) 1 46 85 28 24 By email web@vuarnet.com On the website vuarnet.com in the section contact
ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and all graphic, textual, visual and photographic elements contained therein, including but not limited to all illustrations, images, photographs, characters, texts, designs, modes of presentation, graphics, characters or any other element of the Website (hereinafter the "Elements") are and remain the exclusive property of SPO or the holders of such rights having granted SPO an exploitation right and are protected in particular by intellectual property rights. The Website and all the Elements appearing on it may not be modified, in whole or in part, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work or otherwise, on any medium whatsoever. In general, the Website and all the Elements contained therein may only be used for browsing the Website and, where applicable, for making purchases. Any reproduction, representation or use of the Elements of the Website by a Client shall constitute a fault which shall give rise to legal proceedings.
ARTICLE 10 - DATA PROCESSING AND LIBERTIES, PERSONAL DATA
In the context of creating a personal account, placing an order and when browsing the Website, SPO collects and uses personal data that the Customer transmits directly or indirectly to it. For more information on the use and processing of Customers' personal data, SPO invites its Customers to consult the privacy policy on the Website.
ARTICLE 11 - APPLICABLE LAW, DISPUTES
The contract formed by the acceptance of these GTC is subject to French law. The language of this contract is available in French and English. In the event of a complaint or dispute, the Customer undertakes to contact SPO's customer service department at +33 (0) 1 46 85 28 20 (number not surcharged from a landline in France), from Monday to Friday, except for public holidays, from 9:00 a.m. to 6:00 p.m., or by e-mail: web@vuarnet.com, or by mail with registered receipt to the following address: Customer Service SPOROPTIC POUILLOUX, SA, 29 rue Taitbout, 75009 Paris, France. The Parties undertake to seek an amicable settlement of the dispute concerned before any legal action or recourse to a mediation procedure. In the event of a dispute between the parties and following the failure of a written complaint by the Customer to the customer service department, or in the absence of a response from this department within a reasonable period of one (1) month, the Customer may have recourse to an alternative dispute resolution method, including mediation accessible via the following link http://www.economie.gouv.fr/mediation-conso/saisir-mediateur and/or accessing the European dispute resolution platform online at the following address http://ec.europa.eu/odr who will attempt, independently and impartially, to reach an amicable resolution of the dispute. To answer to the obligations dictated by the articles L.611 to L.616 and R.612 to R.616 of the code of the consumption, the company designated in the quality of mediator to the consumption under the number CS000976/2003: SAS Mediation Solution 222 chemin de la Bergerie 01800 Saint Jean de Niost Tel : 0482539306 Website : https://sasmediationsolution-conso.fr Email : contact@sasmediationsolution-conso.fr The Customer remains free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. Failing an amicable agreement, the French courts will be the only recognized authority.
ARTICLE 12 - Purchase voucher
12.1. Eshop Gift Cards.
The gift card bought by the Customer on the vuarnet.com Eshop is usable within one (1) year from the date of purchase.. The Eshop gift card is valid only on the vuarnet.com Website. The gift card may not be combined with each other, or with promotional codes, and cannot be reimbursed. Any gift card will not be exchanged or refunded, even partially, for any reason whatsoever (including theft, loss, damage or expiration).
