Optics Concept (' the vendor ') has here an e-commerce business and offers service to sell products online, the Internet www.optics - concept online.fr site.
ARTICLE 1 - DEFINITIONS
The terms used in the Conditions shall have the meanings given to them below:
Buyer: individual only, acquiring products through the Site
Order : Purchase by the Buyer for one or more products and accepted by the Seller pursuant to order Conditions
Cookie: small text sent by a web server to a user file - sometimes without the knowledge of it - during a connection to characterize this user. The file is saved on the hard disk of the user and the server can access it later, for example, for automatically identify the user 's next visit.
Email: computerized user enters a document, sending or viewing offline via a network.
Internet : A worldwide network involving telecommunication resources and server and client computers, for the exchange of electronic messages, multimedia information and files. It works by using a common protocol that allows routing step by step to split into separate packets messages.
Part (s): The Purchaser and / or the Seller.
Product: good offered for sale on the Site by the Vendor.
Website : website accessible at www.optics-concept-online.fr on which the Seller provides the products for sale.
Seller: OPTICS CONCEPT capital of € 38,200 is headquartered at 24/30 Av du Manet 78180 Montigny le Bretonneux, France, with the Trade and Companies Register under # 450658539, intra community code # VAT FR08 450658539 , hereinafter referred to as
ARTICLE 2 - PURPOSE
The conditions are intended to define the rights and obligations of the Seller and Buyer in the sale of products through the Site.
ARTICLE 3 - SCOPE
The Terms apply to all sales of Products by Seller to Buyer, made through the Site. An Order will be taken into account by the Seller after prior acceptance of the Terms by the Customer.
ARTICLE 4 - ORDER
Buyer places his order through the Site. All contractual information is presented in French. This information will be confirmed at the latest at the time of delivery.
Buyer have read the Terms before placing an Order and acknowledged that the validation of the order implies acceptance of its terms .
Buyer further acknowledges that the conditions are made available in a manner that their conservation and reproduction are in accordance with Article 1369-4 of the Civil Code.
Tenders submitted by the Seller on the Site are valid for the entire duration of their publication on the website itself .
To place the Order, the Buyer shall provide Seller with personal data and fill out an online form accessible from the Site.
The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the button "OK" in the confirmation of the Order.
Until this final stage , the Purchaser will be able to return to previous pages and correct and modify his order and the information provided previously.
A confirmation email acknowledging receipt of the Order and including all of these information will be sent to the Buyer as soon as possible.
Buyer should therefore provide a valid email address when filling out the fields relating to his identity.
In the event that a product ordered by the Buyer is unavailable, the Seller shall inform the Buyer by email when knowledge of such unavailability.
This unavailability causes cancellation of the Order and refund to the buyer without delay and at the latest within thirty days, the amount of this order, if the bank account has been debited.
Reimbursement will be made by any means at the discretion of the Seller.
ARTICLE 5 - PAYMENT
Product prices shown on the pages of the Site are prices included for metropolitan France and excluding the cost of logistical preparation and shipping taxes. The Seller reserves the right to modify the prices of Products on the Site .
However, the Products will be charged to the Buyer on the basis of the effective rates at the time of Confirmation of the Order.
The payment will be made via either:
- Secure online payment through a third party bank.
- Secure payment via PayPal.
Paypal and third banking institution are completely independent companies Seller. In the case of PayPal, the buyer is invited to take knowledge of conditions of service on the website of Paypal.
Payment will be made at the order and will be debited from validation.
All online payments are covered by computer protection put in place by the third banking institution, or by Paypal. At no time the Seller has knowledge of banking details provided by the Buyer.
Payment by credit card can’t be canceled. Therefore, the payment of the order by the Buyer shall be irrevocable , without prejudice to the Purchaser to exercise his right of withdrawal or cancellation of the Order.
TRANSFER OF OWNERSHIP OF THE PRODUCT TO THE BUYER WILL BE EFFECTIVE AT THE COMPLETE COLLECTION OF PRICE BY THE SELLER .
ARTICLE 6 - DELIVERY
The product will be delivered to the address specified by the Buyer in the completed form in the Order. Seller agrees to deliver the Product ordered, in an average indicated on ‘Delivery and Returns’ page, depending on destination, and in a maximum of 8 working days to all destinations, from the day following the validation of the order, except in cases of force majeure or events beyond our control (eg strike or malfunction the postal services ).
Orders received on the site on Friday afternoon, Saturday or Sunday will be processed the following Monday.
Orders received on the site other than a holiday on Friday afternoon , Saturday or Sunday will be processed the next business day.
In case of delay in delivery due to shipping, the Buyer may cancel the order and receive a refund of the product. Return costs will be borne by the Buyer. The Seller will however not be held responsible for any unusual incident or event of force majeure (strikes, bad weather blocking transport etc ...).
If the product is delivered after the cancellation of the Order, the refund will be made upon receipt by the Seller of the product in its original condition.
If this period is exceeded by the Seller in connection with the shipment of the product, an email will be sent to the Buyer. Buyer will have the option to cancel the order and if the bank account has been charged, to be reimbursed the price of the product within 30 days.
Product returns and refund to the buyer will be subject to the conditions set out below in section 7 " Cancellation - Withdrawal - Refund ."
If the package is damaged, it is recommended that the Buyer refuse the delivery and let us know, within 24 hours maximum, using the contact form.
ARTICLE 7 - CANCELLATION - RETURN - REFUND
The Buyer has the right to cancel the Order at the conclusion thereof.
In addition, the receipt of the Product by the Buyer , it has a cooling off period of 7 (seven days), allowing it, without any reasons, to return the product delivered.
If Buyer makes use of this right of withdrawal within 7 days from receipt of product, the Seller will reimburse Buyer promptly and no later than thirty days after the date which this right was exercised. The return cost will be paid by the Buyer.
To exercise the cancellation of the Order and withdrawal rights, the Buyer must visit the site at ‘‘Contact’’ section and fill out the online form provided for this purpose, by sending a request to Customer Service.
On the other hand, the return will be accepted under the condition the product is returned in its original packaging , without having been used . A check will be made upon receipt before reimbursement.
A confirmation acknowledging receipt of the request will be sent by return email.
CAUTION : All products "tailored" specifically designed for a customer can not be returned or exchanged unless they have obvious defects or are not in accordance with the ordered products.
Upon receipt of the order, the customer loses his right of withdrawal (in accordance with Article L.121.20.12 of the Consumer Code), which applies to all products with a strong character customization to the customer and thus can not be reused by the supplier in case of return .
The right of withdrawal will not be exercised, as provided in the Consumer Code in Article L.121 -20-2 's, in the case of supply of goods made to your specifications or clearly personalized (name , ...) or which, because of their nature, can not be returned or are liable to deteriorate or expire rapidly .
ARTICLE 8 - WARRANTY
If the product received by the Purchaser is not in accordance with the designated product within its order, this product will be repaired or replaced, depending on the wishes of the Buyer, unless it leads to a desire manifestly disproportionate cost under the other modality.
The Buyer has 7 days from the receipt of the order, acknowledgment of the postmark, to express his request.
If the wish expressed by the Purchaser can not be executed within a month of its claim, or if repair or replacement is impossible, the Buyer shall have the option to either return the product and then get back the price of this product.
In addition, without prejudice to its rights of withdrawal, cancellation and guarantee compliance above, the Buyer has the product warranty against hidden defects as provided in sections 1641 to 1649 of the Civil Code .
These guarantees are free for the Purchaser. The return postage will be paid by the Seller.
ARTICLE 9 - LIABILITY
The Seller is fully responsible in respect of the Buyer for the proper execution of the Order.
However, the liability of Seller shall not be liable if he proves that the failure or improper performance of its obligations is attributable to the Purchaser, the unpredictable and insurmountable of a third part unconnected with the provision of services under the Terms, or a case of ‘’force majeure’’.
The Seller shall not incur liability for damages caused by the fault of the Buyer under the use of the Products. Likewise, the seller's liability can not be held liable for damage to items intended to receive or be used with the products purchased.
ARTICLE 10 - INTELLECTUAL PROPERTY
All material published in the Site, such as sounds, drawings, photographs, videos, writing, animation, programming, graphic design, utilities, databases, literature, software, is protected by the the Code of Intellectual Property and belong to the Seller.
In addition, the brand and the logo OPTICS CONCEPT can not be used or reproduced without permission.
The Buyer shall not infringe the intellectual property rights relating to these elements and in particular to reproduce, display, modify, adapt, translate extract and / or reuse a qualitatively or quantitatively substantial part, excluding acts necessary for their normal and consistent use.
ARTICLE 11 - PERSONAL DATA
Buyer is informed that during his navigation through the Order, some of personnal data are collected and processed by the Seller as a controller, including through the online form to place the Order.
Buyer is advised that the Order may not be placed if the form is not correctly completed. This form contains an indication of the optional or mandatory fields to be filled.
The data collected will be reserved for the exclusive use of Optics Concept.
This treatment is subject to a statement CNIL 1716722 to the Commission Nationale Informatique et Libertés under Law No. 78-17 of 6 January 1978.
These data are used for the treatment of control and to improve and personalize the services offered by the Seller. They are not intended to be disclosed to third parties.
Buyer is advised that the Seller wishes to place a cookie on his computer to record information relating to his navigation on the Site, and information to be retained for a period of 20 days.
The establishment of a cookie is to record information so that they can be read during subsequent visits to the Buyer on the Website.
However, the Purchaser has the right to oppose the registration of cookies on his own computer by using the specific options of his browser.
The Buyer has the right to oppose, for legitimate reasons that data of a personal nature relating to him being processed.
He has the right to object, freely, that the data be used for marketing purposes by the Seller or the person responsible for further processing.
The buyer , if he establishes his identity, has the right to ask the seller to obtain confirmation that personal data concerning him are or are not subject to this treatment, information about the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are disclosed, where applicable, information on the transfer of personnal data under consideration to a non-member State the European Community, communication in an accessible form of personal data concerning him as well as any available information as to the origin of these, information to know and challenge the logic behind the automatic processing in case of a decision taken on the basis thereof and producing legal effects in respect of the person concerned.
Buyer is informed that a copy of the personal data can be issued upon request. The buyer, if he establishes his identity, also has the right to require the Seller to rectified, completed, updated, blocked or erased the personal data concerning him, which is inaccurate, incomplete, misleading, outdated, or whose collection, use, disclosure or storage is prohibited.
To exercise this right, the Purchaser will send a letter to the Seller in its capacity as the controller, to the following address : [Insert address or email address and the name of a responsible person ] .
When requested by Buyer, Seller shall justify, at no cost to the Purchaser, he has made the required operations.
Buyer is informed that in case of dispute, the burden of proof lies with the Seller unless it is established that the disputed information was supplied by the Purchaser or with his consent.
It is also informed that when he gets a change of registration the Buyer is entitled to the reimbursement for the cost of the above copy.
ARTICLE 12 -CONVENTION ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures to ensure the confidentiality of data exchanged are in place.
Both Parties agree that the e-mails exchanged between them show properly the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of orders.
ARTICLE 13 - PARTIAL DISABILITY
If one or more provisions of these Terms were deemed illegal or invalid, such invalidity would not entail the nullity of the other provisions of these Terms, unless these provisions were of inseparability with the stipulation invalid.
ARTICLE 14 - APPLICABLE LAW
The Terms are governed by French law.
ARTICLE 15 - JURISDICTION
The Parties agree that any litigation that may arise concerning the implementation or interpretation of the terms, they should try to find an amicable solution. In case of failure of this attempt to amicably resolve the dispute, it will be brought before the Tribunal de Commerce headquartered Seller depends .