Terms of sale

Date of last update : 01/02/2023

SPECIAL'EYES DISTRIBUTION is a SASU under French law with a share capital of 20 000 €, registered in the Trade and Companies Register of Lons Le Saunier under the number 803109511 and whose head office is located at 174 Rue du docteur Jean-Michel 39000 Lons Le Saunier - FRANCE represented by Mr. Jean-François BOITEUX, the manager.

The Provider's intra-community VAT number is FR59803109511

The Provider can be reached at the following address

-   174 Rue du docteur Jean-Michel 39000 Lons le Saunier
-   +33 3 84 48 37 07
-   contactbrett@specialeyes.fr   

Article 1 - SCOPE OF APPLICATION

The present General Terms of Sale apply to the sale of products marketed by the Seller to any consumer or non-professional wishing to benefit from them.

The General Conditions provide in particular for the conditions of purchase, payment and delivery of the products ordered by the Customer. The Customer may refer to the description of each product in the Seller's catalogue in order to know the characteristics of the latter.

Placing an order for products implies the Customer's prior acceptance, without restriction or reservation, of the General Conditions, which the Customer declares to have read.

The General Conditions are applicable subject to any stipulation to the contrary appearing on the order form or in any special conditions concluded between the Seller and the Customer concerned.

The General Conditions are without prejudice to the applicable legal provisions and in particular those set out in the Consumer Code.

Article 2 - PRODUCTS AND AVAILABILITY

The price and essential characteristics of each product are described in the Seller's catalogue and published, as the case may be, by the Seller or its suppliers. The descriptions may include indications, photographs and graphics which are provided for illustrative purposes only and may be modified/updated by the Seller
The products offered comply with French legislation and European CE standards in force at the time the order is placed.

The fact that the Seller presents products in its catalogue does not constitute an obligation to market them, in particular in the event of stock shortage, unavailability of products or impossibility of marketing said products, whatever the reason.

In the event that one or more products are unavailable following the placing of an order, the Seller shall inform the Customer in writing of the waiting period for the receipt of the temporarily unavailable product. In this case :

- the Seller may, with the Customer's agreement, offer a product of the same nature as the one initially ordered at the same price. In this case, the costs of returning the product following the possible exercise of the right of withdrawal shall be borne by the Seller for this product;
-  the Customer shall have the choice of waiting for the missing product(s) to become     available in order to receive the entire order in a single shipment;
- the Customer may cancel the entire order; or
- the Customer may cancel the order of the unavailable product(s) and thus receive the other products in the order within the announced timeframe.

In the last two cases and when the Customer has already paid a sum, he/she will be reimbursed according to the same terms as those applicable in the case of exercising the right of withdrawal.

Article 3 - ORDERS

3.1 Prerequisites

The products are reserved for persons having the status of private customer/consumer or non-professional as defined by the Consumer Code.

The Seller does not market products to any individual or legal entity acting for professional purposes or in the context of an accessory professional activity. Each Customer shall refrain from purchasing products in large quantities with a view to reselling them in any capacity and in any form whatsoever.

3.2 Placing an order

Any Customer wishing to place an order with the Seller shall complete and sign an order form summarising, in particular, the essential characteristics of the product(s) ordered, the total price, the terms of payment, the delivery time or duration, any possible delivery restrictions, a tracking number for the Customer's order and the procedures for exercising the right of withdrawal where applicable.

Confirmation of the order shall take place as soon as the order form is signed by the Seller or the latter sends an e-mail confirming the order, the order thus becoming firm and definitive, subject however to the possible application of the Customer's right of withdrawal.

No order may therefore be modified or cancelled without prior written agreement between the Seller and the Customer.

Subject to the possible application of the right of withdrawal, in the event of cancellation by the Customer of a confirmed order, for any reason whatsoever, and without prejudice to any additional damages:

Conversely, in the event of cancellation by the Seller of a confirmed order, for whatever reason, any deposit paid at the time of ordering by the Customer shall be returned to the Customer.

3.3 Control of orders

Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his order and undertakes to notify the Seller of any changes.

In order to combat fraud, the Seller or its payment or delivery service providers may request additional proof from the Customer (in particular proof of residence and/or a copy of an identity document) or contact the Customer at the time of acceptance and/or dispatch of the order. In the event of an unjustified refusal by the Customer to provide the requested information and/or supporting documents, the Seller reserves the right not to accept or to cancel the order without this being able to be contested in any way.

The Seller also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who has not paid for the products, with whom there is a dispute relating to the payment of a previous order or who has an abnormally high level of orders.

Article 4 - PRICE CONDITIONS

The products are marketed at the Seller's catalogue price in force on the day the order form is signed, expressed in euros and including all charges (French value added tax and other taxes applicable on the day the order is registered).
The prices are firm and non-revisable during their period of validity.
The possible costs of transport, delivery, order processing (postage, packaging, preparation of the parcel, optional services subscribed to by the Customer) and other costs, interest and commissions are indicated on the order form and are established according to the place and method of delivery selected by the Customer, as well as the type of product and/or the quantity of products ordered by the Customer.
If the products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery costs may be charged to the Customer under the same conditions as those set out on the order form.
Any price reductions, discounts and rebates may be applied to the products under the conditions set out in the Seller's catalogue or in any other document communicated to the Customer. In the event of a promotional price, the Seller undertakes to apply this price to any order placed during the promotional period.

Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the products shall be immediately and automatically applied.

Article 5 - CONDITIONS OF INVOICING AND PAYMENT

The products are invoiced and the price is due in full and payable in cash on the day the order form is signed.

In accordance with Article L. 221-10 of the French Consumer Code, and except for the exceptions mentioned in this article, when the order for products has been placed remotely or outside the Seller's premises, delivery and payment for the products may not take place before the expiry of a period of seven (7) days from the conclusion of the present contract by a consumer.

All payments shall be made by credit card, in accordance with the conditions agreed between the Seller and the Customer in the order form. The Seller shall not charge the Customer any fees in excess of the costs incurred for the use of a means of payment.
 

As soon as the amount agreed upon has been paid in accordance with the conditions set forth in this article, the Seller shall send the Customer an e-mail confirming payment to the e-mail address provided by the latter.

In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or offset in any way without prior written agreement between the Seller and the Customer. Any suspension, deduction or set-off made unilaterally by the Customer shall be treated as a default in payment and shall entail all the consequences of late payment.

Article 6 - DELIVERY OF PRODUCTS

6.1 Delivery

The products ordered by the Customer may not be delivered until the Customer has actually paid the amount referred to in Article 5 above.

The products can be delivered in the following geographical areas: Metropolitan France, overseas departments and communities, in a member country of the European Union, and outside the European Union.

As soon as the Customer confirms the order and pays for it, the products will be sent by the method, to the address and within the delivery period indicated on the order form with the corresponding invoice.

In the event of delivery outside mainland France, the Customer will be considered as the importer of the products and will be required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, where applicable, be subject to an opening and inspection procedure by the customs authorities.

As soon as the order is dispatched, the Seller shall send the Customer an e-mail confirming the dispatch of the order and including, if applicable, the tracking number of the package, which will enable the Customer to check the status of the delivery.

In the absence of a precise date or time of delivery, delivery may not exceed thirty (30) days following the date of the order confirmation.

The products ordered may be delivered in one or more separate deliveries.

When delivery is made to a collective address, the Customer acknowledges that the order is delivered to the collective address indicated on the order form.

When delivery takes place in certain areas that are difficult to access, delivery may be made to the nearest delivery centre or to the final address by a carrier independent of the carrier used by the Seller, at the Customer's expense.

In the case of a delivery by the services of "La Poste", the Customer who is absent at the time of delivery has a certain period of time specified on the voucher issued by the services of "La Poste" to collect his parcel from the post office indicated.

After this period, the package will be returned to the Seller's logistics department. The Seller shall inform the Customer of this, it being specified that in the absence of a response from the latter within seven (7) days, the Seller shall consider that the Customer has exercised his right of withdrawal.

The Seller shall in no case be held responsible for delays in delivery attributable to the postal services or to carriers.

However, in case of delay in the delivery of the products, for any other reason than force majeure or the fact of the Customer, the Customer will be able to cancel the order under the conditions envisaged in articles L.216-2, L.216-3 and L.241-4 of the Code of consumption, after having enjoined the Seller to carry out the delivery within a reasonable additional time.

The sums advanced by the Customer will then be returned to him at the latest fourteen (14) days following the date on which the contract will have been denounced.

The Customer also undertakes to inform the Seller of any non-delivery within fifteen (15) days following receipt of the e-mail confirming the dispatch of the order, so that the Seller can, if necessary, assist the Customer in taking the appropriate steps with the carriers.

Furthermore, in the event of a delivery error resulting from the Customer's communication of inaccurate information (place of delivery, accessibility of the place or any other problem) leading to the need to make a new delivery, the related costs will be invoiced to the Customer.

6.2 Conformity of the delivery

The Seller shall be obliged to take back the products in the event of delivery of non-compliant or damaged products on delivery.

In this respect, the Customer is obliged to check the condition of the package and the products on receipt and to make the necessary reservations on the delivery note, which must be co-signed by the carrier, in the event of non-conformity or deterioration of the products on delivery.

Any reservations must be brought to the attention of the Seller immediately by filling in a returns form within a maximum of three (3) calendar days following the date of delivery.

The Seller will validate the return request and will send the Customer by e-mail a return form to be attached to the shipment of the product.

The Customer shall return the non-conforming product to the Seller under the conditions stipulated for the right of withdrawal.

If this procedure is not followed, the Customer will no longer be able to make a claim regarding the conformity of the delivery of the product.

Article 7 - RESERVATION OF TITLE AND TRANSFER OF RISK

The Seller retains full and complete ownership of the products until the Customer has fulfilled all of its obligations and in particular until the price of the products has been paid in full.

The risks are borne by the Customer from the moment when the products are first presented at the delivery address (or addresses) indicated by the Customer (including collective addresses). The delivery of the products is considered to have taken place from the date of the first presentation of the products at the delivery address indicated by the Customer when placing the order.

The exception to this rule is when the Customer has chosen to use a carrier designated by him, in which case the transfer of risks occurs at the time the products are handed over by the Seller to the carrier designated by the Customer.

Article 8 - WITHDRAWAL

8.1 Principle

Where applicable, when an order for products has been placed by a consumer at a distance, after telephone canvassing or outside the Vendor's establishment within the meaning of Article L.221-1 of the French Consumer Code, the latter has a withdrawal period of fourteen (14) clear days from the day of receipt of the products, the period being calculated in accordance with the procedures set out in Article L.221-19 of the French Consumer Code.

8.2 Return procedure

The Customer has a period of fourteen (14) days from the date on which he/she sends his/her decision to withdraw in order to return the products in their original condition and packaging with a view to obtaining a refund. The cost of returning the products shall be borne exclusively by the Customer.

The Customer must return the products in their original condition and packaging, together with the invoice, the return form and any accessories, instructions and documentation supplied at the time of purchase, to the Seller's postal address.

When the returned products were accompanied by items offered as part of a promotional offer, these items must also be returned by the Customer in order to exercise the right of withdrawal.

Only products returned complete, in perfect condition, in their original packaging and with the corresponding invoice and return form will be accepted.

Otherwise, the return will be considered as a non-conforming return and no refund will be made by the Seller, the return of the products to the Customer being borne by the Customer.

products returned incomplete, damaged or spoiled by the Customer will not be taken back, it being specified that the said products must not have been used to an extent that exceeds what is necessary to judge their nature, their characteristics and their proper functioning.

In the event of the return of products soiled by the Customer, the Seller shall charge the Customer a fixed sum of 40 euros for cleaning.

In the event of the return of unsealed products requiring reconditioning and/or reinitialisation due to their use by the Customer, the Seller shall invoice the Customer a fixed sum of 50 euros.

The return of products is at the Customer's own risk and responsibility. The Customer is free to choose the method of sending the products and to take out insurance in the event of loss, theft or destruction of the package. The return of products with postage due is not accepted. If possible, use the original carton for the return shipment or an equivalent that guarantees
maximum protection of the product during transport.

The Seller shall not be held responsible for the non-receipt of the Customer's parcel, the risks and costs related to the return of the product being borne by the latter.

As an exception to the above, in the case of an off-premises contract leading to delivery of the products to the consumer's home at the time the contract is concluded, the Seller will collect the products at its own expense if they cannot be returned normally by post due to their nature.

8.3 Refunds

The products shall be reimbursed within fourteen (14) days from the date on which the Seller was informed of the Customer's decision to withdraw from the order. However, the Seller may defer reimbursement until the date of receipt of the returned product or until the consumer has provided proof of shipment of the products, whichever comes first.

Initial delivery costs will only be refunded up to an amount corresponding to a standard delivery method. In the event of a partial return of an order, the Seller shall reimburse the Customer for the amount of the initial delivery costs in proportion to the total amount of the order.

In case of payment by credit card, the refund will be made directly to the Customer's account.

Article 9 - GUARANTEES

9.1 Scope of application

The Seller's after-sales service can be contacted using the contact details given at the top of these General Conditions.

The Seller remains liable for defects in the conformity of the products sold, in accordance with the terms of Articles L.217-4 et seq. of the French Consumer Code, reproduced in part below.

The Seller is also bound by the legal guarantee for hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, partly reproduced below.

The commercial guarantee and/or after-sales services that may be subscribed to by the Customer shall be the subject of a written contract separate from these General Terms and Conditions, specifying the content of the guarantees/services, the terms and conditions of their implementation, their price, duration, territorial scope as well as the name and address of the guarantor/after-sales service, in accordance with the provisions of Articles L. 217-15 et seq. and L.227-17 et seq. of the French Code de la Consommation.

It is specified that in any case, these guarantees will not cover :

- abnormal or non-compliant use of the products;
- defects and consequences linked to use that does not comply with the use for which the products are intended
- defects and consequences linked to any external cause.

9.2 Legal guarantee of conformity (Extracts from the Consumer Code)

Art. L.217-4 of the Consumer Code:
"The seller delivers a good that conforms to the contract and is responsible for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Art. L.217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Art. L.217-7 of the Consumer Code:
"Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.

Article L.217-9 of the Consumer Code:

"In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

9.3 Guarantee of hidden defects (Extracts from the Civil Code)

Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1644 of the Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Article 1648 of the Civil Code - paragraph 1:
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect".

9.4 Exercise of guarantees

If a product acquired by a Customer proves to be non-compliant or defective during the legal or contractual warranty period (if applicable), the Customer shall make a request to the Seller's after-sales service department by post or e-mail.

The Seller will validate the request for after-sales service and will send the Customer by e-mail a return form to be attached to the shipment of the products for which the request for after-sales service has been made.

The Customer shall have a period of fourteen (14) days from the sending of the request for after-sales service to return the products to the Seller in order to obtain their exchange or refund.

In this respect, the provisions set out in these General Terms and Conditions concerning the conditions for returning the product in the event of exercising the right of withdrawal shall apply, it being specified that the return costs shall be borne by the Customer but shall be reimbursed to him in the event that his request for after-sales service is accepted in the context of a guarantee.

Upon receipt of the product, the Seller shall forward the product and the Customer's request for service to its technical department or to the relevant manufacturer.

In particular, it will be checked whether the product is covered by a legal or contractual warranty and whether the defect/defect is not the result of, among other things, improper or intensive use or normal wear and tear of the product.

Upon receipt of the final decision on the request for after-sales service, the Seller will inform the Customer by e-mail.

In the event of a warranty claim, the product may be repaired, replaced with an identical or equivalent product, or refunded, whichever the Seller or the relevant manufacturers deem most appropriate. If the product is not repairable and cannot be exchanged for an identical or equivalent product, it will be reimbursed in the form of a credit note or refund in the same way as the right of withdrawal.

 In the event of abnormal or abusive returns or if the Customer has not respected the procedure for implementing the guarantee and for returning the product, the return will be considered as non-compliant and may not give rise to a guarantee.

In the event of a dispute over the warranty of a product, the parties shall do their best to reach an amicable settlement of the situation.

In the event of failure to reach an amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer shall be entitled to terminate the sale by operation of law and to obtain, where appropriate, damages from the Seller to compensate for the loss suffered, the Customer waiving in advance the right to seek compulsory performance in kind of products by the Seller or a third party or a proportional reduction in the price, in express derogation of the provisions of Articles 1221, 1222 and 1223 of the Civil Code.

Article 10 - LIABILITY

The Seller shall not be held liable in the event of indirect or unforeseeable damage or in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of Article 1218 of the Civil Code.

As the sale of products and these General Terms and Conditions comply with French legislation, the Vendor shall not be held liable in the event of non-compliance with the legislation of another country when the Customer places an order for a product from another country.

Article 11 - DURATION - TERMINATION

In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each transaction for the sale of products carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.

Article 12 - PERSONAL DATA

12.1 Nature of the personal data collected

The Seller undertakes to collect only personal data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed. No personal data considered "sensitive", such as racial or ethnic origin, political, philosophical or religious opinions, may be requested or collected from the User.

The Customer is hereby informed that the personal data indicated as mandatory on the forms and collected in the context of the sale described herein. The personal data that the Seller collects from the Customer may include

- His/her name and surname

- His/her email address

- His/her telephone number

- His/her date of birth

- His/her gender 

12.2 Purpose of processing personal data

Personal data may be collected and used by the Seller for the purpose of enabling the sale, and may be passed on to companies responsible for the management, execution and processing of payment transactions. This information and data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Seller is subject.

The data collected may also be used in the context of managing commercial relations in order to draw up statistics, carry out market and behavioural research and to enable the Seller to improve and personalise the products.

12.3 Storage, security and confidentiality of personal data

The personal data collected are processed and stored in conditions designed to ensure their security and are kept for the time strictly necessary to achieve the purposes referred to in Article 9.2 of these General Conditions above. Beyond this period, they will be kept exclusively for statistical purposes and will not be used in any way whatsoever.

This data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Seller is subject.

The Seller undertakes to put in place technical and organisational security measures to guarantee the security, integrity and confidentiality of all personal data, in order to prevent them from being distorted, damaged or accessed by unauthorised third parties.

However, it is specified that no security measure is infallible and the Seller cannot guarantee absolute security for the Customer's personal data.

12.4 Transfer of personal data

The Seller undertakes never to share the Customer's personal data, without having obtained his prior consent, with third-party companies for marketing and/or commercial purposes.

However, the Seller may disclose the Customer's personal data to the administrative or judicial authorities when such disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice the rights of the Seller, any other customer or any third party. Finally, the Seller may be legally obliged to disclose the Customer's personal data and in this case cannot object to this.

12.5 Customer's rights on his personal data

In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 ("GDPR"), any Customer has the right to access, rectify and delete personal data concerning him/her, which he/she may exercise directly with the Provider's customer service by contacting the Provider at the following e-mail address [email address] or postal address [postal address], enclosing a copy of an identity document with his/her request.

In addition, within the limits of the law, the Customer also has the right to object to the processing, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.

Article 13 - NOTIFICATIONS

Any written notice or summons required or permitted under the provisions hereof shall be validly given if sent by hand-delivered letter or by hand-delivered against receipt, by registered mail with advice of delivery, or by electronic mail (except in the case of termination hereof), addressed to the address of the party concerned, each party electing domicile at its registered office.

Any change of address of a party for the purposes of this Agreement shall be notified to the other party in the manner provided for above.

Notices sent by hand or by bearer shall be deemed to have been made on the date of delivery to the addressee, as evidenced by the receipt of delivery. Notices made by registered mail with advice of delivery shall be presumed to have been made on the date of their first presentation at the address of the addressee. Notices made by  a The information provided in the e-mail will be deemed to have been provided on the date the e-mail was sent.

Article 14 - AUTONOMY AND ABSENCE OF WAIVER

If any of the stipulations of the present General Terms and Conditions were to be declared null and void or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.

The fact that the Seller does not avail itself temporarily or permanently of one or more stipulations of the General Conditions shall not in any case entail a waiver.

Article 15 - MODIFICATION

The Seller reserves the right to modify at any time the content of these General Conditions for the placing of new orders for products.

Any order following a modification to the General Conditions shall imply acceptance by each Customer of the new version of the General Conditions which shall be communicated to him.

Article 16 - DISPUTES

The Customer is informed that he is free to have recourse to a consumer mediator for the amicable resolution of a dispute with the Seller, in accordance with articles L.611-1 and following and R.612-1 and following of the Consumer Code.

All disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the court of Lons Le Saunier, France.

Article 17 - APPLICABLE LAW & LANGUAGE

These General Conditions and the operations arising from them are governed by and subject to French law. They are written in French and English. In the event of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Appendix: Withdrawal form

If the Customer wishes to exercise his right of withdrawal - in accordance with the conditions set out in Article 8 of these General Terms and Conditions - he may use the form below:

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For the attention of:

I hereby notify you of my withdrawal from the contract for the purchase of the following products

-Name(s) and reference(s) of order(s) :
-Ordered on :

Name of the customer who placed the order :

Address of the customer placing the order :

Customer's signature :