GENERAL TERMS & CONDITIONS OF SALE AND USE
- Legal notice and scope
This site is edited by JOEL LESCA OPTIQUE CREATION Gmbh The editor can be contacted by email at the following address: firstname.lastname@example.orgIntra-community VAT number: DE 146021541
The functions of director of the publication of this site and of its editorial manager are performed by Mr. Mathieu LESCA Director France of LESCA LUNETIER. This site is free and open to all Internet users. Its object is the online sale of eyeglasses or sunglasses to non-commercial individuals.
- Acceptance of general conditions
Subscription to a contract governed by these general conditions, with the publisher of this site, implies acceptance by the Internet user of these general conditions. The Internet user acknowledges by the same to have taken full knowledge of it. This acceptance will consist in the fact, for the Internet user, of checking the box corresponding to the following sentence: “I acknowledge having read and accepted the general conditions of sale and use of the site. “This fact of checking the box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute. Acceptance of these general conditions presupposes on the part of Internet users, whether they are of legal age and have the necessary legal capacity for this, or failing that, they have the authorization of a tutor or curator if they are incapable.
- Modification of general conditions
These general conditions can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all of its former general conditions and to send them to any user who requests them.
The availability of products is indicated on the site, in the description of each item. In order to place an order, Internet users can select one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, members will have the ability to check the number and the nature of the items they have chosen and can check their unit price as well as the overall price of the order. They will be able to remove one or more items from their basket and change the options.On this summary (estimate) will be indicated all the items and services invoiced or offered to the customer. Customers will also be informed of the option they have or not to exercise their right of withdrawal as well as the time limits that apply. If their order suits them and they wish to validate it, Internet users can click on the button. “Order”, they will then access an identification form in which they can either enter their login details if they already have one, or register on the site by completing the form presented to them, with personal information As soon as they are connected or after they have completed the form perfectly, customers will be invited to check or modify their billing and delivery details, to choose a payment method and then be invited to make their payment by being redirected for this purpose on the secure payment interface. Once the payment has actually been received by the site editor, the latter undertakes to acknowledge receipt to u client electronically, within a maximum of 24 hours.
Likewise and within the same deadlines, the publisher undertakes to send the customer an e-mail summarizing the order and confirming the processing, further including all the information relating to the order, to the products ordered, to their delivery. , as well as the procedures for exercising their right of withdrawal.
The prices indicated on the site are understood in Euros, all taxes included, with delivery costs included. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. Delivery costs may possibly be invoiced for countries outside the EC or having significant weight.
- Title retention clause
The products and articles remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer or the user from their delivery.
The Internet user can place an order on this site and can pay by credit card and Paypal. Payments by credit card are made through secure transactions provided by the service provider: Paypal. In the context of payments by credit card, the publisher of this site has no access to any data relating to the user’s means of payment. Payment is made directly to the bank.
Orders are delivered by FEDEX / Germany package (which will be taken care of by your national post.) Within 15 working days of the seller having received the price corresponding to the counterpart in full.
Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer when confirming the order.
- Apparent defect
The customer agrees to verify the conformity of the product to his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint, within 7 clear days of delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to claim a delivery error or an apparent defect.
- Damage and partial losses
In accordance with Article L 133-3 of the Commercial Code, receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest.
Complaints related to the transport of products must therefore be entered on the transport document, then confirmed to the carrier and to the publisher by registered letter with request for acknowledgment of receipt within three clear days from receipt of the products. foreclosure of reservations and claims.
- Provisions relating to consumer rights
- Customer service
The customer service of this site is accessible from Monday to Friday from 9 a.m. to 7 p.m. by e-mail to the following address email@example.com or by post to the following address: JOEL LESCA OPTIQUE CREATION Gmbh, Im Greultle 37 D71229 LEONBERG , Germany. In these last two cases, the publisher undertakes to provide a response within 2 working days.
- Right to retract
In accordance with the legislation in force, consumers have a period of 7 days from the date of receipt of the package to request an exchange or a refund. In order to exercise this right, it is their responsibility to return (at their expense) the package to the address of the company’s head office: JOEL LESCA OPTIQUE CREATION Gmbh Im Greutle 37, D71229 LEONBERG, Germany, accompanied by a letter requesting either refund or exchange.PRODUCT RETURN & FREE EXCHANGE:
Is your purchase not right for you?
You have 14 days to return the product to us.
LESCA, 36 bd de Sebastopol
75004 PARIS / France
Joel Lesca Optique Creation Gmbh,
Im Greutle 37
D71229 Leonberg / Germany
Conditions of acceptance:
-The glasses must be in good condition and returned with its original case and micro-fiber wipe.
-LESCA reserves the right to refuse an exchange if the bezel is damaged.
-Returns are at the customer’s expense.
-The customer has the right to only one return per purchase except in exceptional cases.
-The reimbursement of your purchase will be possible in the event of an item lost in the post, damaged during transport or for a hidden defect in the product.
-Upon exchange or refund of your item, a confirmation email will be sent to you.
-In the case of a refund request, it will be made within 15 days of receipt of your items and automatically to the account associated with the credit card used for payment or on the Paypal account used for payment.
-In the case of an exchange, it will be processed as quickly as possible depending on the availability of the products within a maximum period of 15 days following receipt of your items.
-In the event that items are unavailable, we will contact you to inform you.
Any delay in delivery of more than seven days may result in the sale being terminated at the initiative of the consumer, upon written request from him, sent by registered letter with acknowledgment of receipt. The consumer will then be reimbursed for the sums incurred by him when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of the publisher.
In such a case, the customer agrees not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.
- Customer service
- Warranty for products purchased on this site
All the products sold on this site are marketed in compliance with the laws and regulations in force and benefit from all the approvals necessary for their placing on the market. The mandatory displays required by the laws and regulations in force will be made on this site, and in particular in the summary estimate of the order and the description of each item In the event of a defect in a product purchased on this site, customers have, in accordance with the provisions of the Civil Code in terms of legal warranty against hidden defects, a period of two years from the date of discovery of the defect to request the exchange or reimbursement, and, in application of the Article L211-5 of the Consumer Code, they will have a period of two years from receipt of said product to request an exchange or refund, in the event that the delivered good does not comply with the meaning given to this word by the aforementioned article In order to exercise one of these rights, it is their responsibility to return the package to the address of the company’s head office: JOEL LESCA OPTIQUE CREATION Gmbh Im Greutle 37 D71229 LEONBERG Allema gne, accompanied by an explanatory letter requesting either refund or exchange. The cost of sending the package, in the latter case only, will then be reimbursed to the customer by check or by bank transfer, within a maximum period of thirty days. Objects acquired on this site benefit, in addition to the guarantee against hidden defects defined by the Civil Code as well as the guarantee of good conformity imposed by Article L211-5 of the Consumer Code which are, if applicable, always applicable to them and which is defined above, of a conventional guarantee offered by the seller, the duration and terms of which will be indicated on the quotation communicated in the form of a summary of the order and in the instructions for use of each item. The hidden defect being a defect in the item which, under normal conditions of use , makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the contractually agreed thing, the publisher of this site is not in particular responsible, even within the framework of the g conventional warranty, normal wear and tear of the products, accidental damage or damage resulting from abnormal use of the products.
- Personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information on pain of termination of the contract at the initiative of the publisher and deletion of the customer account. Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of personal space and validation of 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 customer or member to consult all his orders made on the site , and also allows them, if necessary, to follow the delivery of the purchased goods. If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical failure or a force majeure, the responsibility of the editor of this site could not be engaged, this information having no probative value but only an informative character. The publisher undertakes, however, to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.The pages relating to personal spaces are freely printable by the account holder in question but in no way constitute proof, they are only informative intended to ensure efficient management of their orders by the customer. When creating the personal space, the user is invited to choose a password. This password guarantees the confidentiality of the information contained in the “my account” section and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user’s account. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example is of any nature exhaustive, when the member will have knowingly provided erroneous information, during his registration and creation of his personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage to the excluded member who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the publisher, of taking legal action. against the member, when the facts justify it.
By checking the box provided for this purpose or by expressly giving their consent to this end, members agree that the publisher can send them, at a frequency and in a form that he will determine, a newsletter (newsletter) which may contain information relating to his activity.When the user checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered. option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
- Information relating to the Data Protection Act of 6 January 1978
Internet users have the free right to provide personal information concerning them. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site assumes the collection, by the publisher, of a certain amount of personal information about Internet users. Internet users who do not wish to provide the information necessary for the use of the services offered by this site as well as, where applicable, necessary for the creation of a personal space, may not use the services offered by the publisher of this present. site, or place an order on this site.Within the context of an order on this site, information relating to the collection of payment data, in particular the bank card number and its use for commercial identification purposes is subject to the collection of the consent of the person concerned, through the various forms on the site.The data collected are necessary for the proper administration of the services offered on this site as well as for the publisher to comply with its contractual obligations . These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of the users or cases provided for by law. The contact details of all users registered on this site are saved for a period of one year, a reasonable period necessary for the proper administration of the site and for normal use of the data. These data are kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978. In accordance with the latter, they have a right of opposition, of interrogation, access and rectification of the data they have provided. To do this, they simply need to make a request to the editor of this site, by sending it to the following email address: firstname.lastname@example.org, or by post to the address of the head office of the publisher mentioned at the top of these general conditions The personal data collected are subject to computer processing and are exclusively reserved for the site editor The data controller is Mr. Mathieu LESCA, whose contact details are given at the top of the these general conditions. Personal data collected is not transferred abroad. In addition, the publisher reserves the right to collect public IP (Internet Protocol) addresses of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow proper administration of the services offered on this site. The IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet.
The publisher 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 held by the ISP (Internet service providers).
- Notice relating to the collection of “cookies”
In order to allow all Internet users an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher can proceed to the installation of a cookie on the computer of the user. This cookie is used to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user’s computer station for a variable period of up to one year, and can be read and used by the publisher during a subsequent visit by the Internet user on this site. The user has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user’s browser prevents him from using certain services or features provided by the publisher, this malfunction can in no way constitute damage to the member who cannot claim any compensation from thereby.
- Exemption from the publisher’s liability in connection with the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of all kinds, the customer cannot claim any damage and will not be able to claim any compensation. In the event of delivery of a package clearly and visibly damaged, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared and then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable. The unavailability, even prolonged and without any limitative period, of one or more products, cannot constitute a prejudice for the Internet users and can in no way give rise to the award of damages from the site or its publisher The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to fulfill its obligation of complete information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, can vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the ‘screen or depending on the display resolution. These variations and differences can in no way be attributed to the publisher who can under no circumstances be held liable for this fact The hypertext links on this site may refer to other websites and the publisher’s responsibility of this site cannot be committed if the content of these sites violates the laws in force. Likewise, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes him harm.
- Intellectual property rights relating to the elements published on this site
All the elements constituting this site belong to the publisher and are therefore protected by the legislation relating to intellectual property. Internet users therefore recognize that, in the absence of authorization, any total or partial copy and any distribution or exploitation of ” one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against you by the publisher This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.
- Applicable law and jurisdiction clause
These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French. Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may before any legal action be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
- Nullity and non-waiver clause
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity could not nullify all the other clauses, which would continue to have their effect. , not to take advantage, temporarily or permanently, of one or more clauses of these general conditions, will in no case entail a waiver of the rest of the general conditions.