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General terms of sale

Preamble

 

The present e-commerce site (referred to below as the "Site"), which e-address is the following: http://www.optical-center.com, is edited by the society OPTICAL CENTER, simplified joint stock Company with capital of 10.000.000 euros, which social seat is situated at 74-76 rue Laugier 75017 PARIS, registered at the RCS of Paris under the number B 382 372 993.

 

The company OPTICAL CENTER SAS uses the online boutique at the address http://www.optical-center.fr which is distance selling optical products.

 

The optician profession is regulated and the Site is managed by licensed opticians.

 

A phone number 01 44 40 15 95(price of a local phonecall from France) and a chat are placed at the customer's disposal.

 

 

Article 1- Object

 

The present General Terms of Sale(referred to below as CGV) have for object, on one hand, to inform the consumer(referred to below as "Customer") about the conditions, and the modalities in which the seller( referred to below as "OPTICAL CENTER" or "the Seller") proceed to the sale and to the delivery of the ordered products and, on an other hand, to define the rights and obligations of the parts in the context of the products' sale by OPTICAL CENTER to the Customer.

 

They apply, with no restriction or reserve, to all of the sales of products displayed by OPTICAL CENTER on its website http://www.optical-center.fr.

 

As a consequence, the fact for the Customer to order a product diplayed on the Site implies entire and full agreement of the present CGV that the Customer admits having read before ordering. Each file is nominative, the customer has thus to create a customer area for each beneficiary.

 

The beneficiary of corrective glasses certifies being over 16 at the time of order. The Customer of correctives glasses and contact lenses aged between 16 and 18 certifies benefitting from a parental consent for his purchase. An evidence must be provided on the first request of OPTICAL CENTER.

 

The Buyer certifies being in possession of a valid medical prescription made by an ophtalmologist. It's reminded that, in case of a first order of contact lenses, an adaptation is necessary under medical survey.

 

OPTICAL CENTER reserves the possibility to modify at any time the present CGV. Nonetheless, the CGV applicable on the order are those agreed by the Buyer at the time of order.

 

 

Article 2- Formation of the contract and orders

 

2.1 Conclusion of the contract

 

Every order is an adhesion to the present CGV, whithout any prejudice of particular contractual conditions eventually concluded between the parts. The Customer is informed that he can, at any time, by phone or by chat, contact an optician OPTICAL CENTER for any information he might need before ordering. The Buyer can check the details of his ordering project and eventually correct any mistake. Before validating his order, a recap is diplayed with the details of the chosen items, the total price, including the delivery fees. He has the possibility to modify his shopping cart. A free cost estimate is communicated before the sale's conclusion. The cost estimate is valid during one month, subject to the availability of the products.

 

From the moment the Buyer confirms his order by clicking on the icon "Validate your payment", he's considered as agreeing to the content and conditions of order in cause and in particular to the present CGV, the prices, volumes, caracteristics, quantities and delivery deadlines of the products being on sale and ordered by the Buyer.

 

The sale will be definitive when the Buyer orders. This order will be confirmed by OPTICAL CENTER by an email sent to the Buyer.

 

2.2- Prices

 

The prices of the products are indicated in euros all taxes included (VAT+other taxes), excluding treatment and shipment charges.

 

The prices of the catalogue available on the Site are indicative and are renewed everyday and thus modifiable without notice. Nonetheless, the prices charged are the ones in place on the date and hour of order.

 

The detailled invoice corresponding to the purchase will be downloadable from the customer area of the Buyer.

 

Upon presentation of an invoice or a cost estimate coming from a brick and mortar store settled in France and within 30 days after the box has been sent, OPTICAL CENTER commits to pay the difference back if the Buyer finds less expensive somewhere else for an identical offer or product, excluding internet.

 

The prices charged on the site www.optical-center.fr are valid only for an online purchase on the Site. They can be different from those you can find in the stores of the OPTICAL CENTER network(brick and mortar stores).

 

2.3- Availibility of the products

 

Offers of products are available as long as they're displayed on the site and within the limits of available stocks.

 

In the eventuality of the unavailability of a product after the order, OPTICAL CENTER informs the Buyer by email.

 

The order will be automatically cancelled. In case of a bank debit, the Buyer will be credited a purchase credit in his customer area. If he doesn't choose to be refunded, the customer will dispose of this credit during one year. Beyond this time, if the customer area hasn't been activated, it will be suppressed and the credit will be lost.

 

 

2.4- Conformity of the products

 

The informations mentionned on each product descriptive sheet are those communicated by the suppliers. The products proposed are conform to the european legislation in place. The responsability of OPTICAL CENTER can't be engaged in case of non-respect of the legislation of the country where the product is delivered.

 

It belongs to the Buyer to check with local authorities the possibilities of importation and utilisation of the products and services that he's willing to order.

 

The pictures are communicated by way of illustration. The buyer is invited to refer to the description of each product to know its precise caracteristics.

 

 

2.5- Sponsorship and promotion

 

During the first order, the Buyer is invited to create his personal account in which he'll be able to consult his personal data and the recap of his order.

 

In this personal space, he will be able to enter the email address of the persons he wants to sponsor. OPTICAL CENTER will send them an email inviting them to discover the Site. The Buyer's account will be credited of a 5 euros purchase voucher for every order made by one of his sponsees, under the condition that this latter isn't already a customer of the site.

 

The amount of the purchase voucher can be modified at any moment and without notice. The faculty to sponsor can also be suppressed at any moment.

 

The Buyer will benefit from promotional codes for his purchases. These codes have a limited duration and can be suppressed by the Site at any moment without notice.

 

2.6- Satisfied or your money back in 14 days

Satisfied or your money back: valid exclusively for a purchase on the www.optical-center.com website; see the general terms and conditions of sale.

 

Article 3- Payment

 

3.1- Means of payment

 

The payment of the purchases can exclusively be done by:

 

- Credit card(Blue card, Visa Card, Mastercard, American Express, blue ecard): You'll have to indicate your card's number, such as the validity date, directly in the therefor zone. The bank details are not conserved by the Site.

- Paypal: You must have a paypal account, to indicate the email address associated to it and your confidential paypal code.

 

3.2 Security in the payment operations

 

The Site has got a 3D Secure securisation systeme.

 

OPTICAL CENTER has adopted the SSL encryption method, but has also strengthened all the interference and encryption methods to protect the most efficiently possible all the delicate data linked to the payment means. The protocole "3D Secure" for payment with card: Since October 1st 2008, the french banks apply the 3D Secure protocole to guarantee to the customers ordering on line the best security for their payments on line.

 

Optical Center is thus acting against fraud in collaboration with OGONE whose goal is to protect its customers of any fraudulent use of their banking card.

 

In practice, this means that will be asked to you: your card number, expiration date and cryptogram(the three last numbers on the back of your card). You'll be redirected towards the site of your bank which will ask you to enter a security code so it can agree to the transaction. It is to be notified that each bank is free to choose its authentification mode, and therefore, it's the bank that communicates to the Buyer the secured code to use. This latter must see with his bank to obtain the necessary informations and eventually provide his phone details to receive the secured code.

 

 

Article 4- Delivery and Receipt

 

 

4.1 General rules

The products ordered by the Buyer, in accordance with the CGV, are delivered at the address indicated by the Buyer as the delivery address on the concerned order.

 

The Buyer has a choice regarding the delivery mode, according to the availabilities at the time of the order: Colissimo delivery or delivery at a brick and mortar OPTICAL CENTER store of his choice. These delivery modes can be modified, some suppressed and others added without notice and with no consequence on the Buyer.

 

The applicable prices for the delivery mode are indicated during the order preview so that the Buyer can eventually modify his selection.

 

For the countries where importation taxes are imposed, a flat rate, viewable on the order, will be debited to cover for these taxes and the postage charges.

 

4.2 Delivery deadlines

 

Delivery deadline is, on average, of two working days for France and from 6 to 10 working days for Europe following the shipping day.

 

These deadlines are indicative ones and OPTICAL CENTER is still dependant on postal services.

 

As soon as the box is shipped, the Buyer receives an email informing him of the departure towards the delivery place he's chosen. In this message, for the home deliveries, the Colissimo tracking number of the box is given and enables the Buyer to track its delivery, on the site http://www.colissimo.fr/. When the Buyer asks to be delivered at one of the OPTICAL CENTER stores, the DPD tracking number given enables the customer to track the delivery of his box on the site http://www.dpd.fr/. OPTICAL CENTER isn't responsible for the non-reception of the email by the Buyer if this latter has made the reception impossible by changing his details or if the email has been spammed by the supplier. It belongs to the Buyer to ensure the good conditions of reception, OPTICAL CENTER only taking in charge to give the proof that the routing order has been given properly.

 

4.3 Delay in delivery

 

In case of an expedition delay, an email will be addressed to the buyer to inform him of a potential delay. In case of a delivery delay, OPTICAL CENTER will propose by email a new delivery date. OPTICAL CENTER can also contact you by phone.

 

In any case, in accordance with the legal dispositions, in case of a delay in delivery of over 7 days, the buyer has the possibility to cancel his order within 60 working days. However, the Buyer can't cancel 7 days after receiving his box.

 

OPTICAL CENTER also invites the Buyer to consult regularly his order track and to contact the customer service for any question or in case of problem.

 

4.4 Anomaly, damage, damaged box

 

The Buyer must check the apparent state of the box and of the products as soon as he is delivered. Each box must have a black cercling which stands for a proof that the box hasn't been opened during the transport. If your box has been repackaged by our shipper, we invite you to express reservations upon its receipt.

 

He has to notify to the Seller the defects of the merchandise delivered by mail/chat/email within a week following their delivery.

 

In this case, the Buyer will have to write it down with details and send back the product or products in their original packaging with the entirety of the product (frame, case, guide and potential accessories). OPTICAL CENTER will then proceed to the exchange of the products or will credit the entirety of the price in a credit, valid for one year.

 

The Buyer will however be refunded by ticking the case "refund of my credit" via his customer area. If he doesn't choose the refund, the customer will dispose of this credit during one year. Beyond this time, if the customer area hasn't been activated, it will be suppressed and the credit lost. If the Seller doesn't receive any complaint within this deadline, the Customer is deemed having agreed definitively and with no reserve to the delivered items.

 

For any delivery at store, the conformity of the products delivered is checked on-site. In this case, and under reserve of oberved conformity, the subsequent return of the products for non conformity will be refused.

 

 

Article 5- Withdrawal right

 

In accordance with the legal dispositions in effect, the Buyer has within 14 days following the receipt of the products to exercise his right to withdraw with " http://www.optical-center.fr, with no justification to give or penalty to pay. The Customer looses his right to withdraw if the product has become unmarketable.

 

As a consequence, the product must necessarily be returned in perfect state in its original packaging. Nonetheless, the right to withdraw can only be applied for:

 

- The products which have been ordered specially by the customer and on his request; in this case, the products can only be exchanged if they don't suit, if there's a problem of centring or a mistake on the prescription,

- The maintenance products opened or the contact lenses used,

- The contact lenses with a special manufacture such as the contact lenses with an annual or a quarterly renewal or RX(m) lenses which are specially ordered or made for you,

- Any product become improper to commercialisation.

 

In general, the right to withdraw can only apply to the products in a perfect state in their original packaging, with their accessories and guides.

 

In any case, the customers of the site will have to conform to the return procedure described in the article of these general terms of sale. In case of the exercise of the right to withdraw in the deadline mentionned, the price of the product purchased will be credited in a store credit or refunded by credit on the banking account if the option is ticked in the customer area;

 

The address for a return is the following:

 

Optical Center Service clients  72, rue Laugier 75017 PARIS

 

No box can be dropped off, for a return, at an OPTICAL CENTER store.

 

5.1 Particular case: Eyeglasses

 

The customer benefits on corrective eyeglasses of the Optical Center money back guarantee . The Buyer has within 14 days after receipt of the box to excerce his right to withdraw.

 

Article 6- Return of products and refund

 

In accordance with the legal dispositions in effect, the Buyer has within 14 days after receiving his products to exercise his right to withdraw and to return his products. The return fees are at the charge of the customer.

 

The return address is the following:

 

Optical Center Service Clients 72, rue Laugier 75017 PARIS

 

When it's received in our buildings, your "Customer account" will be credited of a credit valid one year on your next orders. The Buyer can nonetheless be refunded by ticking the case "refund of my credit" via his customer area. If he doesn't choose to be refunded, the customer has this credit for one year. Beyond this time, if the customer area hasn't been activated, it will be suppressed and the credit lost.

 

The products returned must be undamaged.

 

For any return regarding the purchase of an optical equipment (frames and corrective lenses), the Customer will have to return the documents of refund (social security sheet and bill) joined to the box.

 

Article 7- Responsability

 

In accordance with the legal dispositions in effect relative to the conformity of the good to the contract, and in particular, those precised in annex 1 of the present conditions, OPTICAL CENTER refunds or exchanges the deficient products or those not corresponding to the order.

 

The products must be returned in their original state with all the elements included (accessories, packaging, guide,...).

 

However, OPTICAL CENTER can't be taken for responsible for:

 

- Interruptions or delays recorded on the Site, due to the execution of maintenance works, to technical failures, to an emergency, due to a third party or to any circumstance whatever it is, no fault of its own;

- Impossibility to acceed temporarily to the Site, due to facts no fault of its own, such as internet interruption or a failure of internet reception of the Buyer.

 

Article 8- Intellectual Property

 

All the contents of the Site are protected by author rights: texts, design, graphic chart are the exclusive property of OPTICAL CENTER.

The reproduction of any or all of the Site isn't authorized and needs a prior written authorization from OPTICAL CENTER.

 

Article 9- Protection of personal data

 

Personal data of the Buyer(name, first name, social reason, profession, electronic and geographical address, phone numbers and fax number) are collected by OPTICAL CENTER for the needs of a good management of orders, deliveries and bills, and under respect of dispositions of the Law Informatiques et Libertés n°78-17 of January 6th 1978.

 

Personal data are purged 5 years after the last connection to your customer area. The elements necessary to the conservation of bills are conserved in a specific base, only used for reasons of potential requests of financial departments and on their unique request. However, the bank details are not conserved.

 

The informations that must be necessarily recorded by the Buyer to be able to order are identified on line by an asterisk. The Buyer has, at any time, a right to acceed, modify, rectify and suppress collected personal information.

 

Article 10- Generalities

 

10.1 Divisibility

 

If one or several of the stipulations of the present CGV are held as non valid or declared thus in application of a law, of a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all of their strength and their extent.

 

10.2 Applicable law and competent jurisdiction

 

Any issue relative to the conclusion, the interpretation, the execution or breach of the contract concluded between OPTICAL CENTER and the Buyer will be, in the absence of mutual agreement, in the hands of the french courts, even in case of plurality of the defenders.

 

In accordance with the rules applied in mediation, you can file a complaint with a consumering ombudsman in case of an issue regarding a purchase made on the Site. Previously, any dispute must be brought to the attention of Mrs Sandra Vidal, Consumering Manager, OPTICAL CENTER, 74-76, rue Laugier 75017.

 

 

Annex 1

 

Reproduction of articles L. 211-4, L.211-5 and L.211-12 of the Code of consumering

 

- Article L.211-4

 

The seller is required to deliver an item consistent with the contract and must answer for lacks of conformity present at the delivery. He must also answer for lacks of conformity resulting from packaging, assembly instructions or from installation when it has been put at his charge in the contract or has been done under his responsability.

 

- Article L.211-5

 

To be conform to the contract, the good must:

1° Be fit for the purpose usually expected with a similar good and, where appropriate: -correspond to the description made by the seller or have the qualities presented to the buyer in the form of a sample or a model; -present the qualities a buyer can legitimately expect from the public declarations of the seller, of the producer, or his representant, especially in advertising or on its labelling;

2° Or present the caracteristics defined by mutual agreement of the parties or be "proper at any special use the buyer looks for, brought to the attention of the seller and that this latter has agreed on.

 

- Article L.211-12

 

The action resulting from the conformity defect is prescribed after 2 years following the delivery of the good.

 

Reproduction of the articles 1641 and 1648 paragraph 1 of the Civil Code

 

- Article 1641

 

The seller is required to guarantee, rightly, the hidden defects of the sold item that would make it improper to the intented use, or which lower so much this use that the buyer would not have bought it, or would have given a lower price for it, if he had known them.

 

- Article 1648

 

The action resulting from redhibitory flaws must be filed by the buyer within two years after the defect has been found out.

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