GENERAL TERMS AND CONDITIONS OF SALE FOR PRODUCTS SOLD AND SHIPPED BY SPOROPTIC POUILLOUX SA - VUARNET

GENERAL TERMS AND CONDITIONS OF SALE FOR PRODUCTS SOLD AND SHIPPED BY SPOROPTIC POUILLOUX SA

(Last updated on: 25 August 2016)

ARTICLE 1 – PURPOSE and SCOPE

These General Terms and Conditions of Sale (hereafter the “T&Cs”) apply to all orders placed via the www.vuarnet.com website (hereafter the “Website”) by non-professional buyers, i.e. individual consumers in the sense of the preliminary article of the French Consumer Code, for products presented on the Website (hereafter the “Product(s)”), with Sporoptic Pouilloux SA, 29 Rue Taitbout, 75009, Paris, France, registered with the Trades and Companies Register of Paris under number 309 552 008 (hereafter “SPO”, “we”, “us”, “our”).

These T&Cs shall exclusively govern the applicable contractual relationships between SPO and any individual consumer accessing the Website, in whatever manner and for whatever purpose, or making a purchase on the Website (hereafter the “Customer” and jointly the “Parties”).

These T&Cs shall apply exclusively to Products delivered to consumers located in the eurozone (Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, mainland France, Greece, Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia), the United Kingdom and Switzerland.

Prior to placing an order, the Customer must click the relevant hypertext link to consult these T&Cs and indicate his/her acceptance hereof by ticking the corresponding box.

The T&Cs are provided to Customers on the Website, where they may be viewed at any time. They may also be consulted in hard-copy format, by clicking the “print” or “download as PDF” link appearing in the confirmation email sent to the Customer once the order is approved.

SPO reserves the right to modify these T&Cs at any time. The relationship between SPO and the Customer shall be governed by the T&Cs in force on the date on which the order is approved. These T&Cs shall apply to the exclusion of all other terms and conditions. SPO recommends that the Customer read the T&Cs carefully each time he/she visits the Website and prior to placing each order.

In order to place an order via the Website, the Customer expressly declares that he/she has the necessary legal capacity to enter into this agreement, i.e. that he/she is above the legal age of majority (18 in France) and is not in care or protected as a vulnerable adult.

The Customer agrees not to purchase any Products on the Website with a view to re-selling such Products.

ARTICLE 2 - products

2. 1. Characteristics

A description is provided for each of the Products offered for sale via the Website, indicating their essential characteristics as required by article L. 111-1 of the French Consumer Code.

All images and photographs illustrating the Products are non-binding. While such images are as accurate and realistic as possible, for technical (photographic and IT) reasons (notably lighting conditions at the time the photo was taken, and differences between screens and browsers used to view the images), the actual appearance of the Products (notably colour, dimensions, textures and other characteristics) may sometimes differ slightly from that shown in the photos presented on the Website. The photographs and images may not be considered as depicting the actual size of the Products, because the screen resolution will naturally vary according to the Customer’s device.

The Customer is invited to refer to the description of each Product for accurate information about the essential characteristics. If the Customer has any doubts or requires additional information or photographs, he/she may contact the Customer Services department by email web@vuarnet.com or use the contact form

2. 2. Compliance

The Products comply with all applicable legal and regulatory requirements in terms of personal health and safety, fair business practices and consumer protection, at the point at which they are made available for sale.

2. 3. Stock availability

The Product offerings and prices are valid for as long as they are visible on the Website, subject to available stock, and excluding promotions clearly indicated as such on the Website. All sales are agreed subject to actual Product stock availability.

SPO shall use its best endeavours to maintain up-to-date Product stock availability information on the Website. Therefore, as a general rule, orders can only be placed for Products that are actually available.

In the event that an ordered Product is unavailable, for reasons beyond SPO’s control, the Customer shall be notified immediately by email or telephone. The order shall be cancelled and refunded automatically. SPO reserves the right to offer the Customer an alternative Product of equivalent quality and price. Where the Customer refuses this alternative Product, SPO shall refund the amount paid within fourteen (14) days of the date on which the order was cancelled.

SPO also reserves the right to reject or cancel an order for legitimate reasons, such as an order for an unusually high volume, or an order placed by a Customer who has failed to pay for a previous order or with whom SPO has been involved in a dispute in relation to (a) previous order(s).

ARTICLE 3 - ORDERS

Orders are placed exclusively via the Website. The Customer is responsible for all Internet connection and access costs.

The Website is normally accessible to Customers 24 hours a day, 7 days a week, except in the event of:

3.1. Personal account creation

In order to place an order for Products, the Customer must create a personal account in the “my account” section of the website, indicating a username and password.

To create a personal account, the Customer must complete the online registration form, containing the information necessary to fulfil the order (required information will be marked with an asterisk).

The Customer warrants SPO that the details provided in the form are accurate and correct. Under no circumstances may SPO be held liable in the event that it is unable to fulfil the order (notably deliver the ordered Product) under the agreed conditions because the Customer has provided inaccurate or incomplete information.

The Customer’s username and password are strictly personal and confidential.

The Customer is entirely responsible for the storage and use of his/her username and password.

Any Product order placed using this username and password shall be deemed to have been placed by the Customer.

SPO may not therefore be held liable, under any circumstances, for any harmful consequences that the Customer may face where his/her username and password are used in an unlawful, fraudulent or abusive manner, or where a Product order is placed by a third party without the express authorisation of the Customer.

The Customer shall immediately notify SPO if a Product order is placed by an unauthorised third party using his/her username and password, or if he/she loses or forgets his/her username and password.

3.2. Order process

The order process works as follows:

Once payment has been received, SPO sends a confirmation email to the Customer.

ARTICLE 4 - PRICES AND PAYMENT TERMS

4.1 Prices

The Product prices quoted on the Website are in euros, inclusive of Value Added Tax at the applicable rate in France, and exclusive of shipping costs, which are itemised separately when an order is placed, based on the characteristics of the order. The shipping costs are applied in addition to the Product prices, and are clearly indicated prior to the order confirmation step, when the Customer is asked to select his/her chosen delivery method.

SPO reserves the right to amend its prices at any time. However, the Customer will be billed at the price in force at the point at which he/she confirms the order.

We carry out regular checks to ensure that our prices are accurate. However, we cannot guarantee that the prices shown are free from errors. If the price of a given Product is incorrect, we will offer you the option to re-confirm your order at the correct price or to cancel your order. If we cannot contact you, we will consider the order cancelled. We are not obliged to sell a Product at an incorrect price, even if we have already sent you the order summary.

All Products remain the property of SPO until full payment for the price is received.

4.2 Payment terms

Payment is due, in full, upon placement of the order. An order will only be confirmed once full payment has been made for the Products ordered, using the Ogone secure online payment facility available via the Website.

Payment is made by credit/debit card (Visa, MasterCard or Carte Bleue).

The full amount is debited from the account when the order is confirmed.

The invoice is included in the delivery parcel.

ARTICLE 5 - DELIVERY

5.1. Delivery address

Products will only be shipped to the following countries: Germany, Austria, Belgium, Cyprus, Spain, Finland, France, Greece, Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, United Kingdom, Slovakia, Slovenia, Switzerland.

Products are shipped to the delivery address indicated by the Customer when placing the order. Products will not be shipped to hotels or PO Box addresses.

SPO cannot be held liable for any delayed or failed deliveries in the event that the Customer has provided an incomplete or incorrect address, is absent when the delivery is made, or has failed to collect his/her parcel from the post office or other address indicated by the carrier within the stated time frame. In such circumstances, the Customer shall be liable to pay the corresponding re-shipping costs.

The Customer may log into his/her Customer Account to track the progress of his/her delivery.

5.2. Shipping methods and charges

All orders are shipped via Colissimo (standard or signed-for).

Shipping charges are €4.90 in France, and €9.90 in Germany, Austria, Belgium, Cyprus, Spain, Finland, Greece, Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, United Kingdom, Slovakia, Slovenia and Switzerland.

5.3. Product delivery times

The Products will be delivered within the time frames indicated to the Customer when placing and confirming the order, and no later than thirty (30) days after placement of the order, except where indicated otherwise to the Customer prior to placement of the order.

5.4. Receipt of the Products

A delivery shall be considered complete once the carrier has handed over the Products to the Customer or to a third party designated by the Customer, as recorded in the carrier’s control system. No delivery dispute shall be admissible if the carrier’s system shows that the parcel has actually been delivered. The carrier’s system shall prevail in such cases.

The Customer is strongly recommended to inform the carrier, upon receipt of the delivery, of any reservations relating to the packaging and, where applicable, to the condition of the Products (e.g. open and/or damaged parcel). Where a parcel is damaged upon delivery, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note. Where a Product is missing or damaged, the Customer must specify the exact nature of the issue on the carrier’s delivery note.

If this is not possible, the Customer should indicate his/her reservations about the condition of the goods by writing the following statement on the delivery note: “subject to verification of the goods, given the poor condition of the parcel” and should describe the exact nature of the damage.

In addition, the carrier must also be notified of any complaint relating to damage or partial loss within three days (not including public holidays) of the date on which the products were received, by extra-judicial document or registered letter, without prejudice to the Customer’s exercise of his/her rights against SPO under the conditions and limits laid down by law and these T&Cs. 5.5: Late delivery

5.5.1 Where SPO is aware of a late shipment or delivery, it shall notify the Customer by email at the earliest possible opportunity, proposing a new shipping or delivery date.

The Customer is strongly advised to report any late delivery to the SPO Customer Services department at the earliest possible opportunity, using the contact form. SPO will then contact the carrier to investigate the matter and locate the parcel.

5.5.2 In any event, the Customer shall be entitled to terminate the contract if the order is not delivered by the initially indicated delivery date, and provided that the Customer is not at fault for the delay (incorrect delivery details provided by the Customer when placing the order).

This right to terminate shall be exercised in accordance with the provisions of article L.216-2 of the French Consumer Code:

The contract shall be considered terminated when SPO receives the termination notification letter or email, provided that SPO has not fulfilled the order in the meantime.

In this event, SPO shall refund the amount paid by the Customer for the order no later than fourteen (14) days following the date on which the contract was terminated.

ARTICLE 6 – COOLING-OFF PERIOD

6.1. Cooling-off period terms and exercise

Pursuant to the provisions of articles L.221-18 et seq. of the French Consumer Code, the Customer shall be entitled to a cooling-off period for all Products ordered via the Website.

SPO offers its Customers an extended cooling-off period in addition to the applicable statutory time frame. Customers therefore have thirty (30) calendar days from receipt of the Products to change their mind and return the Products to us for a refund, without reason.

The cooling-off period shall expire thirty (30) calendar days following receipt of the Product, i.e. the date on which the Customer or a designated third party (other than the carrier) takes physical possession of the ordered Products.

The cooling-off period does not apply to Products purchased in-store, but only to those purchased via the Website.

6.2. Cooling-off period exercise and Customer’s obligations

6.2.1 Where the Customer exercises his/her rights under the cooling-off period, he/she must contact the SPO Customer Services department, clearly stating his/her intention to exercise these rights, no later than thirty (30) days from receipt of the Product.

Where the Customer has ordered multiple Products, and received these in separate deliveries, the cooling-off period of thirty (30) calendar days shall commence on the date on which the last Product is received.

In order to exercise his/her rights under the cooling-off period, the Customer may:

6.2.2 The Customer must then return the Products to us, following the instructions below:

If the Customer decides to return the Product using a different method, he/she shall cover the return postage costs.

The Customer must retain proof that the Products have been returned (handed to the carrier on a specific date). In the event of a dispute, the Customer will be required to produce proof of return postage before an investigation is opened into a potentially lost parcel.

6.3. Effects of exercise of the cooling-off period

Refunds will only be given for Products that have not been worn, are not damaged or dirty, and are returned in their original packaging under the conditions set out above.

No refund will be offered for Products that have been worn, are damaged, dirty, scratched or otherwise deteriorated due to handling for purposes other than to establish the nature, characteristics and proper operation of the Products, or are returned without any accessories or user guides.

The SPO Customer Services department will check all returned Products to ensure that the provisions of these T&Cs have been met.

Notwithstanding the foregoing, where the Customer exercises his/her rights under the cooling-off period and in accordance with the conditions set out above, all amounts paid to SPO, including shipping charges, will be refunded to the bank account from which the money was debited when the order was placed, at the earliest possible opportunity and no later than fourteen (14) days following the date on which SPO receives all of the returned Products or proof that the Products have been posted for return (if such proof is provided to SPO prior to the physical receipt of the returned products).

As indicated above, SPO shall cover the return postage costs:

If the Customer decides to return the Product using a different method, he/she shall cover the return postage costs.

ARTICLE 7 – STATUTORY GUARANTEES

The Customer shall be entitled to the statutory compliance and hidden defects guarantees, in accordance with applicable law.

SPO is obliged to offer a statutory compliance guarantee pursuant to articles L. 217-4 to L. 217-12 of the French Consumer Code:

The statutory compliance guarantee applies independently of the Commercial Guarantee.

Finally, the Customer may opt to exercise his/her rights under the guarantee against hidden defects in goods sold in accordance with article 1641 of the French Civil Code. In these circumstances, he/she may opt to return the product and receive a refund, or keep the product and receive a partial refund, in accordance with article 1644 of the French Civil Code.

In accordance with applicable law, the Customer may exercise his/her rights in accordance with the following articles of the French Consumer Code and the French Civil Code, as reproduced in their entirety below:

Article L. 217-4 of the French Consumer Code:

“The seller shall provide a product that complies with the terms of the agreement and shall be liable for any defects found upon delivery.
It shall also be liable for any compliance defect resulting from the packaging, or the assembly or installation instructions, where it is responsible for these aspects pursuant to the terms of the agreement or where such activities have been carried out under its responsibility.”

Article L. 217-5 of the French Consumer Code:

“The product shall be considered compliant with the terms of the agreement:

  1. If it is appropriate for the use normally expected for such a product and, where applicable:
    • if it matches the description given by the seller and possesses the qualities as described by the seller to the buyer in the form of a sample or model
    • if it possesses the qualities that a buyer may reasonably expect by virtue of public statements made by the seller, by the manufacturer or by its representative, in particular in adverts or on labels
  2. Or if it possesses the characteristics as defined by mutual agreement by the parties or as appropriate for a specific use as required by the buyer, and duly communicated to and accepted by the seller.”

Article L. 217-12 of the French Consumer Code:

“An action in relation to the compliance defect shall be limited to two years from the delivery of the product.”

Article L. 217-16 of the French Consumer Code:

“Where the buyer asks the seller, during the period of the commercial guarantee offered by the latter upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, such period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the buyer submits its request or on which the product in question is provided for repair, whichever is the earlier.”

Article 1641 of the French Civil Code:

“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

Article 1648 para. 1 of the French Civil Code:

“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”

ARTICLE 8 – COMMERCIAL GUARANTEE

In addition to the statutory guarantees mentioned below, SPO offers a commercial guarantee on all purchases made via the Website, pursuant to the terms described below (hereafter the “Commercial Guarantee”).

All pairs of Vuarnet glasses are guaranteed against manufacturing defects for a period of twenty-four (24) months from the date of purchase (the “Guarantee Period”).

The Customer must keep his/her proof of purchase in a safe place, as he/she will be unable to exercise his/her rights under this Commercial Guarantee without it.

If the Customer’s pair of glasses is returned during the Guarantee Period, any defective component due to a manufacturing defect found by SPO’s technical services will be repaired or replaced free of charge.

At the end of the Guarantee Period, the Customer will be required to pay for all maintenance and repair services, subject to any statutory guarantees to which he/she may be entitled.

The following are expressly excluded from the Vuarnet Guarantee:

If the Customer returns his/her glasses to us for repair under the Commercial Guarantee, and if we do not return his/her glasses to him/her within seven days, this period will be added to the remaining Guarantee Period. The number of days will be calculated from the date on which we receive the Customer’s request or the date on which we receive his/her glasses for repair, whichever is the earlier.

If the damage is not due to a material or manufacturing defect, additional repair costs may apply. In this case the Customer will receive an email or letter to inform him/her of these additional costs. The Customer can choose to accept the repair of the goods by paying these costs or have the product returned to him/her by SPO in the state it was in when he/she sent it to SPO.

If the Customer wishes to exercise his/her rights under the Commercial Guarantee, he/she should contact our Customer Services department using the details below. An account manager will be happy to help the Customer identify his/her Vuarnet product and determine the best way to handle his/her request under the Commercial Guarantee.

To contact our Customer Services department:

ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website and all constituent elements appearing on the Website (graphics, texts, visuals and photographs), including all illustrations, images, photographs, characters, texts, decorative elements, presentation methods, graphic design and other elements of the Website (hereafter the “Elements”) are and shall remain the exclusive property of SPO or any rights holders having granted a usage licence to SPO, and are protected by intellectual and industrial property rights.

Under no circumstances may the Website and any of the Elements appearing on the Website be modified, reproduced, represented, distributed, displayed, sold or incorporated into a derivative work, whether in whole or in part, in any format and on any medium whatsoever. In general, the Website and all Elements appearing on the Website may only be used for the purpose of browsing the Website and, where applicable, for making purchases.

Any Customer who reproduces, represents or uses the Elements of the Website shall be in breach of these provisions and shall be prosecuted.

ARTICLE 10 - DATA PROTECTION

SPO collects and processes personal data provided directly or indirectly by the Customer when he/she creates a personal account, places an order and browses on the Website in general.

For more information about how SPO uses and processes its Customers’ personal data, Customers are invited to consult the privacy policy published on the Website.

ARTICLE 11 - APPLICABLE LAW, DISPUTES

Acceptance of these T&Cs shall constitute a legally binding contract governed by French law.

This contract is available in French and English.

In the event of a claim or dispute, the Customer shall contact, as a matter of priority, the SPO Customer Services department on +33 (0) 1 46 85 28 20 (standard-rate number from a landline in mainland France), Monday to Friday (excluding public holidays or non-working days), between the hours of 9 am and 6 pm (UTC+1), or by email to web@vuarnet.com, or by registered letter with return receipt to the following address: Sporoptic Pouilloux SA Customer Services, 29 Rue Taitbout, 75009, Paris, France.

The Parties undertake to resolve any disputes amicably prior to taking legal action or resorting to mediation.

Where a dispute between the Parties is not resolved following a written complaint by the Customer to the Customer Services department, or where the department fails to reply within a reasonable time frame of one (1) month, the Customer may resort to mediation as an alternative dispute resolution method, by contacting the mediator(s) indicated in the sector-specific list at the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur, and/or by accessing the online European dispute resolution platform at the following address: http://ec.europa.eu/odr. The mediator(s) will then attempt to reach an amicable resolution to the dispute, in an independent and impartial manner.

The Customer reserves the right to decide whether or not to resort to mediation. Where mediation is used, each Party reserves the right to accept or reject the solution proposed by the mediator.

Where an amicable resolution cannot be reached, the dispute shall fall under the exclusive jurisdiction of the French courts.

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