General Terms and Conditions of Sale
Preamble
LESCA LUNETIER SARL, registered with the Trade and Companies Register of Aix-en-Provence under no. 901 372 466, with a share capital of
EUR 10,000.00 and registered office at 1515 Chemin du Mont Robert, 13290 Les Milles, France, is a company specialising in the sale of
optical and sunglasses frames and lenses (hereinafter the “Products”). These Products are available on the online store of
LESCA LUNETIER SARL (hereinafter “LESCA LUNETIER”) at the following address:
https://lescalunetier.com/ (hereinafter the “Website”).
These General Terms and Conditions of Sale (hereinafter the “Terms” or “GTC”) apply to all orders of Products placed by consumer customers
(hereinafter the “Customers”) on the Website.
Any order of a Product offered on the Website implies the Customer’s acceptance of these GTC, which the Customer is able to consult
prior to placing an order.
Article 1 – Account creation
1.1 – Registration on the Website
In order to place an order on the Website, the Customer must first create an account on the Website by accurately completing the online
registration form displayed on screen.
The Customer must provide all information necessary for identification, including a valid email address and a password of their choice
(which will be personal and confidential), which will subsequently allow them to log in to the Website, as well as their postal address
for delivery purposes.
Any Customer who already holds a customer account must log in by entering their email address and password in the “My account” section.
The Customer accepts that entering these two identifiers constitutes proof of their identity.
1.2 – Confirmation of account creation
Upon registration on the Website, LESCA LUNETIER creates for the Customer a customer account (the “My account” section) that summarises
the information provided when the account was created.
The Customer may modify their contact details and preferences at any time in the “My account” section or by email to Customer Service at
eshop@lescalunetier.com. No modification relating to an order can be taken into account
if the order has already been transmitted to the carrier and/or if payment has been made.
Article 2 – Product orders
2.1 – Placing an order
To place an order, the Customer goes to the Website. They must select the Products (frames and lenses) and the desired quantities,
then log in to their account or create an account (see Article 1) and verify that the delivery address, billing address, delivery method,
ordered quantities, Product prices and total order amount are correct.
After reviewing their order, and once all requested information has been completed by the Customer, they may proceed to the next step
only by confirming they have read and accepted the GTC by ticking the box “I have read and accept the General Terms and Conditions of Sale”.
An order summary then appears on screen. This page displays the delivery address for the Products, a summary table of the order (nature,
quantity and price of the Products) and the total order amount. The Customer may still modify the information entered on this page.
They must then finally confirm their order by clicking the button “Order with selected payment method”. This confirmation constitutes an
electronic signature which, between the parties, has the same value as a handwritten signature and serves as proof of the entirety of the
order and of the amounts due for the execution of said order.
LESCA LUNETIER reserves the right not to validate the order in the event of an existing dispute with the Customer or if there is full or
partial non-payment of a previous order by the Customer. If the Customer’s payment cannot be completed for any reason, the order will be
cancelled and the sale automatically terminated.
Once the order has been validated by the Customer and LESCA LUNETIER, the Customer proceeds to payment (see Article 3) and the order is
only definitively validated after payment has been confirmed. It can no longer be modified.
Once the order is confirmed, the Customer can no longer modify the quantity of Products ordered nor the delivery method. To do so, the
Customer must contact Customer Service on +33 (0)4 42 50 63 09. These modifications may be taken into account only if the order has not
yet left the LESCA LUNETIER warehouse. Once the order has been transmitted to the carrier, no modification or cancellation can be taken
into account. For any further information, the Customer may contact Customer Service by email at
latelier@lescalunetier.com.
After payment has been completed, an order summary document is sent to the Customer by email to the address provided when the account
was created. This document serves as an acknowledgement of receipt. It summarises all the essential elements of the contract concluded
between the Customer and LESCA LUNETIER.
The order is recorded in the LESCA LUNETIER registers, themselves stored on a reliable and durable medium. The Customer accepts that these
records are considered as proof of the contractual relationship between the parties.
2.2 – Unavailability of Products
If certain Products are found to be unavailable after the order has been placed, LESCA LUNETIER will inform the Customer as soon as
possible by telephone or email and will propose a replacement solution. LESCA LUNETIER will then amend the order with the Customer’s
agreement.
Article 3 – Payment
3.1 – Applicable prices
The prices of the Products (frames and lenses) are set according to the price lists in force, which are shown on the Website pages in
euros, excluding tax (excl. VAT). French VAT at 20% applies for France. Other countries are not subject to French VAT but to their own
local VAT. The invoice must therefore indicate the applicable VAT rate of the Customer’s country and the supplier’s intra-Community VAT
number.
3.2 – Product prices
The price of the Products payable by the Customer when placing an order corresponds to the amount indicated in the order summary, which
the Customer reviews before confirming the order. It is then restated after payment in the summary document sent by email to the
Customer’s email address by LESCA LUNETIER.
Prices are indicated inclusive of VAT (TTC) in France and in the EU, except for French overseas territories where prices are indicated
excluding VAT and local taxes upon delivery are borne by the customer.
3.3 – Payment methods
The Customer may pay for their order by bank card (Carte Bleue – Crédit Agricole UP2PAY system, PayPal, Visa, Mastercard) in accordance
with this Article. To pay for an order online by bank card, the Customer must provide the card expiry date and security code
(3-digit number on the back of the card). The card is debited at the earliest when the order is definitively confirmed. All transactions
carried out on the Website are secure. The Customer’s banking information is encrypted using the SSL (Secure Socket Layer) protocol and
processed by LESCA LUNETIER’s financial partner.
The Customer’s data does not transit through the Website and only the Website’s banking partner has access to this information.
Payment data is not stored by LESCA LUNETIER nor by the entity responsible for processing the financial transaction.
The Customer’s data does not transit through the Website and only the Website’s banking partner LESCA LUNETIER has access to this
information. Payment data is not stored by LESCA LUNETIER nor by the entity responsible for processing the financial transaction.
4.3 – Shipping Costs
The delivery service offered by LESCA LUNETIER may be subject to shipping fees or offered free of charge, depending on the conditions outlined below.
Shipping rates may be modified at any time. The applicable fees are those in force on the date the order is confirmed.
Discount codes, where applicable, do not apply to shipping costs, except for coupons specifically dedicated to free shipping.
They are non-refundable and do not apply to the purchase of gift cards.
Free Shipping
Free shipping is available for orders delivered within France and the European Union with a minimum order value of €150 (incl. VAT).
For any order with a total amount below this threshold, shipping costs will be charged to the Customer according to the delivery zone and the selected shipping method.
Orders consisting solely of low-value accessories may not qualify for free shipping when the minimum order amount is not reached, including within the European Union.
Applicable shipping costs are displayed before final order confirmation.
Shipping Zones
ZONE 1: France
Standard delivery (GLS/UPS or equivalent carrier)
• Estimated delivery time: 3 to 4 business days
• Free shipping from €150 (incl. VAT); otherwise shipping fees apply
ZONE 2: European Union
Express delivery (DHL or equivalent carrier)
• Estimated delivery time: 2 to 3 business days
• Free shipping from €150 (incl. VAT); otherwise shipping fees apply
ZONE 3: Rest of the World
Express delivery (DHL or equivalent carrier)
• Shipping charged at actual cost depending on the destination
• Delivery time varies according to the destination country
Returns
For Zone 1, return shipping costs are covered by LESCA LUNETIER via a return label included in the parcel.
For Zones 2 and 3, return shipping costs remain the responsibility of the Customer and are calculated according to the conditions outlined above.
Customs Duties and Taxes
Deliveries made outside the European Union may be subject to additional customs duties and taxes.
Such charges are the sole responsibility of the recipient. LESCA LUNETIER cannot be held responsible for any customs duties, taxes, or charges imposed by the destination country.
In the event of a product return subject to customs duties, such charges remain the responsibility of the Customer.
Any merchandise refused by the recipient’s customs authorities will be returned to the registered office of LESCA LUNETIER.
A refund will only be issued once any applicable customs duties have been fully settled by the recipient.
4.4 – Complaints and statutory warranties
The Customer shall check the conformity of the Products delivered in order to detect any possible anomaly relating to the delivery (for
example missing or damaged Products). Any reservations must be immediately notified in writing to LESCA LUNETIER Customer Service, no
later than 48 hours after receipt of the Products:
- By email to: latelier@lescalunetier.com ; or
- By telephone on +33 (0)4 42 50 63 09.
In all cases, the Customer benefits from the statutory legal guarantee of conformity in accordance with Articles L.217-3 et seq. of the
French Consumer Code.
When acting under the legal guarantee of conformity, the Customer:
- Has a period of two (2) years from delivery of the Product to act;
- May choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the French
Consumer Code; - Is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following
delivery of the Product. LESCA LUNETIER may, however, rebut this presumption.
The Customer also benefits from the legal guarantee against hidden defects (garantie des vices cachés) as set out in Articles 1641 to
1649 of the French Civil Code. In such a case, the Customer may choose between cancellation of the sale or a reduction in the sale price,
in accordance with Article 1644 of the French Civil Code.
These statutory guarantees apply independently of any commercial guarantee that may be granted by LESCA LUNETIER.
Article 5 – Right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the
Products to exercise their right of withdrawal, meaning to notify LESCA LUNETIER of their wish to cancel the purchase without giving any
reason.
To do this, the Customer must inform Customer Service of their intention to withdraw by emailing:
latelier@lescalunetier.com.
LESCA LUNETIER recommends that Customers who wish to exercise their right of withdrawal use the following form:
“For the attention of LESCA LUNETIER SARL – Service B2C, LESCA LUNETIER SARL, 140 RUE FREDERIC JOLIOT, 13290 LES MILLES
I hereby notify you of my withdrawal from the contract relating to the purchase of the Product(s) below:
- Product reference:
- Order number: [________________]
- Ordered on [____________] / received on [________________]
- Payment method used: [________________]
- Customer’s name: [________________]
- Customer’s address: [________________]
- Delivery address: [________________]
Upon receipt of the withdrawal notice, the Customer will receive an acknowledgement of receipt at the email address saved in their
account and will then have fourteen (14) days to return, at their own expense (outside France) and using the return label (for France),
the Product(s) they ordered.
Products must be returned to the LESCA LUNETIER warehouse at the following address:
LESCA LUNETIER SARL – 140 RUE FREDERIC JOLIOT – 13290 LES MILLES – France
Products must be returned in perfect condition, in their original packaging and accompanied by all elements allowing the order to be
identified (see form above).
If the above conditions are met, LESCA LUNETIER will refund by bank card the total amount of the Customer’s order (including shipping
costs for EU consumers), within fourteen (14) days from receipt by LESCA LUNETIER of the Products, excluding any return costs which are
borne by the Customer.
The right of withdrawal does not apply to Products made to the Customer’s specifications or clearly personalised, in accordance with
Article L.221-28(1) of the French Consumer Code, such as Products including prescription lenses made to measure according to the
Customer’s prescription.
Article 6 – After-sales service
LESCA LUNETIER grants the Customer a commercial guarantee covering manufacturing defects for a period of one (1) year from the date of
purchase of the Product. In all other cases, LESCA LUNETIER may issue a quote and repairs will be charged to the Customer.
This commercial guarantee is in addition to the statutory guarantees to which the Customer is entitled and does not replace them:
- The legal guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, which allows the Customer to
benefit from a period of two (2) years from delivery of the Product to act; - The legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
The Customer may choose to invoke the guarantee for lack of conformity or the guarantee against hidden defects in the sold goods.
The process to be followed is as follows: send a request to
latelier@lescalunetier.com with proof of date of purchase and a description of the
defect.
Article 7 – Termination
7.1 – Termination by LESCA LUNETIER
LESCA LUNETIER reserves the right to terminate the delivery service without notice and without compensation in the event of:
- Closure of a delivery area;
- The Customer moving outside the delivery areas served by LESCA LUNETIER;
- Abusive and repeated complaints from the Customer;
- Inaccessible, dangerous or unsanitary delivery locations;
- Repeated theft or disappearance of Products.
7.2 – Termination by the Customer
The Customer may terminate the service at any time, provided that their account shows a zero (0) balance. Termination is carried out in
the “My account” section.
Article 8 – Amendments to the GTC
LESCA LUNETIER reserves the right to amend these GTC at any time in order to adapt them to changes in legislation, regulations, case law
or technical developments, by publishing a new version on the Website.
The GTC applicable are those in force on the date the order is confirmed. Any changes to these GTC will not affect orders already being
processed, which remain subject to the terms accepted by the Customer when confirming their order.
The new general terms and conditions of sale will only apply to orders placed after they have been put online on LESCA’s Website.
The Customer is invited to consult the general terms and conditions of sale regularly, available on the website
www.lesca.fr.
Article 9 – Liability
LESCA LUNETIER shall not be held liable where failure to perform or delay in performing any of its obligations under these GTC arises
from a case of force majeure as defined by law and case law or from an unforeseeable and insurmountable act of a third party extraneous
to the provision of the Products.
LESCA LUNETIER shall not be held liable where failure to perform or improper performance of the obligations under these GTC is
attributable to the Customer, for example due to an error in entering their order. LESCA LUNETIER cannot be held liable and the Customer
cannot claim any compensation for difficulties arising in the delivery of Products or the return of a Product not delivered, where such
difficulties result from the Customer’s acts, including in particular where the Customer’s identity and/or address prove to be
inaccurate. LESCA LUNETIER endeavours to describe and present the Products on the Website as accurately as possible. However, it cannot
be held liable for any non-substantial differences between the representation of the Products on the Website and the Products delivered.
Likewise, LESCA LUNETIER cannot be held liable for any inconvenience or damage inherent in the use of the internet, in particular a
service interruption, external intrusion or the presence of computer viruses.
Article 10 – Intellectual property
All elements of the Website, whether literary (texts, comments), visual or audio, including the underlying technology, are protected by
copyright, trademark and/or patent laws. They are the exclusive property of LESCA LUNETIER.
In this respect, and in accordance with the provisions of the French Intellectual Property Code, only private use is permitted, subject
to different or more restrictive provisions of the Intellectual Property Code. Any full or partial reproduction of the Website is
strictly prohibited and will constitute an infringement.
The creation of any simple or hypertext link to the Website
https://lescalunetier.com, using the “framing” or “deep linking” technique, is strictly
prohibited.
Article 11 – Personal data
LESCA LUNETIER undertakes to respect the confidentiality of personal data communicated by the Customer on the Website and to process it
in compliance with the General Data Protection Regulation (GDPR) and French Law No. 78-17 of 6 January 1978 on information technology,
files and freedoms, as amended.
For more information, please click on the relevant link:
- for the privacy policy:
https://lescalunetier.com/politique-de-confidentialite/ - for the cookies policy:
https://lescalunetier.com/politique-de-confidentialite/
Article 12 – Applicable law, jurisdiction and mediation
These GTC are governed by French law and subject to the jurisdiction of the competent French courts.
In the event of a dispute with a consumer, the competent court will be, at the consumer’s choice:
- Either the court of the place where they resided at the time of conclusion of the contract or occurrence of the harmful event;
- Or the court of their domicile at the time of bringing the action, in accordance with Article R. 631-3 of the French Code of Civil Procedure.
In the event of a dispute between the Customer and LESCA LUNETIER, the Customer is encouraged to contact LESCA LUNETIER Customer Service
by email at latelier@lescalunetier.com in order to seek an amicable solution.
In accordance with Articles L.612-1 and L.616-1 of the French Consumer Code, the Customer may refer the matter free of charge to a
consumer ombudsman with a view to amicably resolving the dispute with LESCA LUNETIER, namely CM2C.

CM2C
49, rue de Ponthieu – 75008 Paris
Tel: +33 (0)1 89 47 00 14
Website:
https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
The Customer may also submit their complaint via the European Commission’s Online Dispute Resolution platform, available at the
following address:
https://consumer-redress.ec.europa.eu/index_en
