Terms and Conditions
- Legal notices and scope.
This site is published by JOEL LESCA OPTIQUE CREATION GmbH The seller can be reached by e-mail at the following address: [email protected]
Intra-community VAT Number: DE 146021541
The functions of the editor of the publication of this site the seller are exercised by Mr. Mathieu LESCA, Director, France of LESCA LUNETIER. This site is free and offers free access to any Internet user. Its purpose is to sell online, spectacles or sun-glasses to non-commercial individuals.
- Acceptance of terms and conditions.
The subscription to a contract governed by the present general conditions, with the seller supposes the acceptance, by the online user, of the present general conditions. The internet user recognizes by the same fact to have full knowledge of these terms and conditions. The acceptance of the terms and conditions will consist in the fact, for the Internet user, to tick the box corresponding to the following sentence: “I hereby acknowledge having read and accepted the general conditions of sale and use of the site.” Ticking the box shall be considered as having the same value as the handwritten signature of the internet user. The user acknowledges the proof-of-value of the automatic registration systems of the seller and, unless he proves otherwise, waives any right to contest them in the event of a dispute. The acceptance of the present general terms and conditions supposes that the internet user is an adult and has the legal capacity necessary, or failing that, to have the authorization of a legal guardian or trustee if they are incapable.
- Modification of general terms and conditions
These terms and conditions may be modified at any time by the seller or its representative. The terms applicable to the user are applied on the day of purchase or upon connection to the website. The seller agrees to keep former versions of these general terms and conditions and to send them to any user, at their request.
Availability of products is indicated on the website, in the description of each item.To place an order, the customer selects one or more products, in accordance with the selection, and places it in their ‘shopping cart’. When their order is complete, they can access their shopping cart by clicking on the button provided. They will be able to verify the items chosen, the quantity and verify the unit price as well as the overall price of the order. They will be able to remove one or more items from their shopping cart and change their options if necessary.
On the summary page will be indicated all the articles and services invoiced or offered to the customer. In addition, customers will be advised, whether or not they have the right to exercise their right of withdrawal, including the time limits that apply. If the order is accepted and validated, users can click on the button “order”, and will then access an identification form in which they can either enter their login credentials if they already have them, or register on the site by completing the form presented to them, with their personal information. As soon as they log in, or after they have completed the form, customers will be invited to check or change their billing and delivery details, choose a method of payment and asked to make their payment. They will then be redirected for this purpose to the secure payment area. Once the payment has been effected and received by the seller, the latter agrees to acknowledge receipt of payment to the customer electronically, within a maximum of 24 hours.
Similarly and within the same time limit, the customer’s order shall be systematically confirmed via email, at the address indicated by the customer when placing the order. The seller undertakes to send the customer an e-mail summarizing the order, including all the information relating to the order, the products ordered, handling, delivery, as well as the procedures for exercising their right of withdrawal.
Prices shown on the site are in Euro, including taxes, and shipping costs. Prices can be changed at any time by the seller, the prices displayed are valid only on the day of the order and have no effect for the future. Delivery costs may be invoiced for countries outside the EU or in the event that goods are over a certain substantial weight.
- Retention of title clause
The products and articles remain the property of the seller until payment in full of their indicated price is made, this is in accordance with the retention of title clause. Risk is nevertheless transferred to the buyer or the user counting from delivery of the goods.
- Terms of Payment
The user can place an order on the site and make their payment by credit card or Paypal. Payments by credit card are made through means of secure transactions provided by Paypal. In the context of credit card payments, the seller does not have access to any data relating to the means of payment by the user. Payment is made directly by the banking institution.
- Terms of Delivery
- Delivery time-frame
Orders are delivered by DHL parcels / Germany (which will subsequently be handed over the country’s national postal servcie) within 15 working days from full receipt of payment of goods corresponding to the buyer.
Certain products or orders of larger volumes may nevertheless justify a longer delivery period, this will be expressly mentioned to the consumer when the order is validated.
The customer undertakes to verify the conformity of the product with their order at the time of delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint, and made within 7 days from the date of reception of the goods. After this period, the product will be deemed as to be received by the customer, and will no longer be able to be claimed as an error of delivery or having an apparent defect.
- Damage and partial loss
In accordance with Article L 133-3 of the Commercial Code, the receipt of goods transported shall extinguish any action against the carrier for partial damage or loss within three days, excluding public holidays, following the receipt of goods and if the recipient did not notify the carrier, by registered letter, of his claim.
Claims relating to the transport of the products must therefore be entered on the transport document and confirmed to the carrier and the seller by registered letter with acknowledgment of reception within three clear days from receipt of goods in order to make a claim.
- Delivery time-frame
- Consumer Rights
- Customer service
Customer service for the site is available from Monday to Friday, 9 am to 7 pm by e-mail at the following address – [email protected] or by post to the following address: JOEL LESCA OPTIQUE CREATION GmbH, Im Greultle 37 D71229 LEONBERG, Germany. In the latter two cases, the seller undertakes to provide a response within 2 working days.
- Right of cancellation
In accordance with the legislation in force, consumers have a period of 7 days from the date of receipt of the parcel to request exchange or refund. In order to exercise this right, it is the buyer’s responsibility to return (at their own expense) the parcel to the address of the registered office of the company: JOEL LESCA OPTIQUE CREATION GmbH Im Greutle 37, D71229 LEONBERG, Germany, with a letter requesting either a refund or exchange.
FREE RETURN AND EXCHANGE: Conditions of Return:
Your purchase does not suit you?You have 14 days to return your goods.
France: LESCA, 36 bd de Sebastopol 75004 PARIS / France
Worldwide: Joel Lesca Optics Creation GmbH, Im Greutle 37 D71229 Leonberg / GermanyConditions of acceptance of returned goods :
– Glasses must be in good condition and returned with its original microfiber case and cloth.
– LESCA Lunetier reserves the right to refuse the exchange of goods if the glasses are damaged.
– Returns are made at the customer’s expense.
– The customer is entitled to one return per purchase, except in exceptional cases.
Refunds: Exchanges: o Your purchase will be refunded in the case of the object being lost by the post, damaged during transport or latent defect of the product.
o Upon exchange or refund of your item, a confirmation e-mail will be sent to you.
o Refund requests will be done within 15 days of receipt of your items and credited directly onto the account associated with the credit card or Paypal account used at the time of payment of goods.
o Exchanges will be processed according to the availability of the products requested within a maximum delay of 15 days following the reception of your articles. You will be contacted in the case of unavailability of the items.
- Late delivery
Any delivery delay of more than seven days may lead to the resolution of the sale on the initiative of the consumer by simple written request, sent by registered post with acknowledgment of reception signature. The client will then be refunded the amount incurred in their order. This clause is not applicable if the delay in delivery is due to force majeure.
In such cases, the customer agrees not to take action against the seller and waives the cancellation of the sale under this section.
- Customer service
- Warranty of products purchased from the site
All products sold on this site are marketed in compliance with the laws and regulations in force and benefit from all the approvals necessary when placed on the market. The mandatory disclosures required by the laws and regulations in force will be made on this site, in particular in the summary of the order and the description sheet of each article. In the event of a defect of a product purchased on this site, customers have, in accordance with the provisions of the Civil Code as regards to the legal guarantee of hidden defects, a period of two years from the date of discovery of the defect in order to request the exchange or refund and, Article L211-5 of the Consumer Code, they shall have a period of two years from the receipt of the said product to request the exchange or refund, in the event that the delivered goods are not in conformity, with it’s meaning being in the aforementioned article. In order to exercise one of these rights, it is the buyer’s responsibility to return the parcel to the address of the registered office of the company: JOEL LESCA OPTIQUE CREATION GmbH Reutle 37 D71229 LEONBERG Germany, accompanied by an explanatory letter requesting either refund or exchange. The involved costs in sending the package, in the latter case only, will be refunded to the customer by bank cheque or bank transfer, within a maximum period of thirty days. The objects acquired on this site benefit, in addition to the guarantee of latent defects defined by the Civil Code and by the guarantee of goods conformity imposed by Article L211-5 of the Consumer Code, is always applicable and is defined above, as a conventional guarantee offered by the seller, the duration and the modalities of which will be indicated on the quote communicated in the form of a summary of the order and in the instructions for use of each article.The latent defect being a defect of the product which, under normal conditions of use, renders it unfit for its intended use and the obligation of conformity being understood as the delivery of the contractually agreed upon product, of which the seller is not responsible, even within the framework of the conventional warranty, for normal wear and tear of products, accidental damage or resulting from abnormal use of the product.
- Personal space
The creation of a personal space is an indispensable prerequisite for any order of a user, on this site. For this purpose, the member will be invited to provide certain personal information. The member agrees to provide accurate information under penalty of resolution of the contract at the initiative of the seller and deletion of the customer account. Certain information is considered essential to the conclusion of the contract and their collection will be indispensable to the creation of the personal space and its validation at the conclusion of the contract. The refusal by a member to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order. This space allows the client or the member to consult all their orders made on the site, and also, if necessary, to monitor the delivery of the goods purchased. If the data contained in the personal space section disappears as a result of a fortuitous event, a technical breakdown or force majeure, the responsibility of the seller can not be engaged, this information having no probative value but only of an informative nature. The seller undertakes, however, to keep in a secure manner all the contractual elements whose conservation is required by law or the regulations in force.Holders of member accounts are free to print the pages relating to their own account, but under no circumstances do these constitute evidence; they are solely of an informative nature intended to ensure the efficient management of orders by the member.When creating their personal space, the user is prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the “my account” section by which the user therefore refrains from transmitting or communicating it to a third party. Otherwise, the seller will not be held liable for unauthorized access to a user account.
The seller reserves the exclusive right to delete the account of any member that violates these general terms and conditions (in particular, but without this example being exhaustive, if the member knowingly provides false information at the time of registration and creation of their personal account) or any account that has been inactive for at least one year. The aforementioned deletion shall not constitute damages to the excluded member, who will not be able to claim any compensation consequently.
This exclusion does not exclude the possibility for the seller to take legal action against a member, if the circumstances are justified.
By checking the box provided or expressly agreeing to do so, the member agrees that the seller may send them, in a frequency and in a form determined by them, a newsletter which may contain information relating to their commercial activity. Whereby the user ticks the box provided, they agree to receive commercial offers from the seller for products and services similar to those ordered. Members are able to unsubscribe from the newsletter by clicking on the link provided in each newsletter.
- References relating to the “Data Protection Act ” Number 78-17 of January 6, 1978
Users are free to provide personal information about themselves. Providing personal information is not essential for browsing. However, registering on this site implies the collection of a certain amount of internet users’ personal data by the seller. Internet users who do not wish to provide the information necessary for the use of the services offered by this site and, if necessary, that which is necessary to create a personal space, will not be able to use the services offered by the seller or place an order on this site. In the context of an order on this site, information relating to the collection of data relating to the payment, in particular the credit card number and its use for commercial identification purposes is subordinated to the collection of the consent of the person concerned through the various forms present on the site. The data collected is necessary for the good administration of the services offered on this site as well as the fulfillment of its contractual obligations by the seller. This data is retained by the seller in this unique form, of which the seller undertakes not to use it in any other framework, nor to transmit it to third parties, except in the express agreement of the user or in cases provided by law. The contact details of all users registered on this site are saved for a period of one year, the reasonable duration necessary for the good administration of the site and for a normal use of the data. This data shall be kept under secure conditions, in accordance with current methods and respecting the provisions of the Data Protection Act of January 6, 1978.
- In accordance with the latter, the account holder has the right to object, query, access and rectify the data they have provided. To do so, a request can be made to the editor of this site, to the following email address: [email protected], or by post to the head office of the seller mentioned at the beginning of the present general terms and conditions.Personal data collected is subject to technical processing and is exclusively accessible by the seller.
The data controller is Mr. Mathieu LESCA, whose contact details are indicated at the beginning of these general terms and conditions.
Personal data collected shall not be transferred abroad.
In addition, the seller reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be done anonymously, and will be retained for the same duration as cookies and will only allow for the proper administration of the services offered on the site. The IP address corresponds to a series of separate digits of points allowing the unique identification of a computer on the Internet.
The seller must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (by order of the judge). The IP address of your computer can be reconciled with the actual identity of the subscriber owned by the ISP (internet service providers).
- References relating to the collection of “cookies”
In order to allow all internet users to optimize navigation on this site as well as a better functioning of the various interfaces and applications, the seller can proceed to the implementation of a cookie on the computer of the user. Cookies are used to store information relating to browsing on the site (date, page, time), as well as any data entered by users during their visits (searches, login, email, password). These cookies are intended to be kept on the user’s computer for a variable duration of up to one year, and can be read and used by the seller during a subsequent visit by the internet user on this site. The user has the option to block, modify the conservation period, or delete this cookie via the browser interface (generally: tools or options / privacy or confidentiality). In which case, this website will not have optimised browsing. If the systematic disabling of cookies on the user’s browser prevents him from using certain services or functionalities provided by the publisher, this malfunction can in no way constitute damages to the member who can not claim any compensation consequently.
- Disclaimer of liability of the seller in the execution of this contract
In the case of impossible access to the site, due to technical problems of any kind, the customer can not claim any damages and can not claim any compensation. In case of delivery of a package that is clearly and visibly deteriorated, it is up to the customer to refuse it in order to access the warranty offered by the carrier. The client shall also inform the seller without delay, so that a new package is prepared, and then shipped upon receipt of return of the damaged parcel. In such cases, the delivery times indicated above in these general terms and conditions will no longer apply. The unavailability, even extended and without any limitation period, of one or more products can not constitute a claim by internet users and may in no way give rise to the award of compensation on behalf of the site or its seller. The visual representations of the products published on this site are guaranteed by the seller as being faithful to the real product, so as to satisfy its obligation to provide full information. However, the present state of the art product, the rendering of these representations, in particular in terms of colors or shapes, can vary substantially from one computer to another or differ from the reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences may not, in any event, be attributed to seller and will therefore not be held liable.
- Hyperlinks present on this website may link to other websites and the liability of the seller cannot, therefore, be engaged if the content of these websites violates the laws in force. In the same way, the responsibility of the seller can not be engaged if the visit, by the internet user, to one of these sites, causes their computer damage.
- The intellectual property rights relating to the elements published on this site
All the elements constituting this site belong to the seller and are therefore protected by intellectual property law. Internet users therefore acknowledge that, in the absence of any authorization, any copy, in whole or in part, and any distribution or exploitation of one or more of these elements, even if modified, may lead to legal proceedings against you by the seller. This protection will cover all the textual and graphical content of the site, but also on its structure, name and graphic charter.
- Applicable law and jurisdiction clause
These general terms and conditions are subject to the application of French law and to the exclusive jurisdiction of the French court. Unless there are legal provisions to the contrary, any disputes that may arise in the context of the execution of these general terms and conditions may be submitted at the discretion of the seller with a view to an amicable resolution prior to any legal action. The user is expressly reminded that any request for an amicable settlement does not set aside the deadlines fixed for instigating legal action.
- Nullity and non-waiver clause
If any of the clauses of these general terms and conditions are declared void by a court decision, such nullity shall not prejudice the nullity of all the other clauses, which would continue to have effect. The fact, for the seller, not to avail themselves temporarily or permanently to one or more clauses of the present general terms and conditions, will in any case waive to avail itself of the rest of the general terms and conditions.