TERMS AND CONDITIONS
Preambule
These general conditions of sale apply between :
K-EYES, simplified joint stock company with a capital of 10 000 euros, Registered in the Fréjus under SIREN number 979 923 240, whose registered office is located Z.I. Les Ferrières. Rue du Liège in Le Muy (83490) represented by Ms Christelle SCHEURER as President,
Tel : +33 4 94 45 29 70
Email : contact[at]k-eyes.com
Here in after referred to as "K-EYES"
And
Any individual who acts as a particular title or representative of a legal person visiting or purchasing products via the website www.k-eyes.com, property of K-EYES.
Hereinafter "Customer"
Any order made on www.k-eyes.com implies prior consultation and acceptance of these terms and conditions.
www.k-eyes.com website is an area of distance selling, the customer is fully aware of the fact that its agreement on the content of these general conditions of sale does not require the signature of this document.
The customer is prompted to save and print these terms and conditions, which are valid between the parties.
The Client declares to be of age and have full legal capacity to engage under these terms and conditions and sign contracts under French law.
1 - Object
These general conditions are intended to define the rights and obligations of the parties under the distance selling of goods offered on the website www.k-eyes.com, from order placement to after-sales services and guarantees, through the payment and delivery.
2 - Changing the terms of sale
The version of the general conditions of sale opposable to the User is the one appearing on the website at the time of confirmation of the order by the Customer or its connection to this website. The different versions of the general conditions of sale are held by K-EYES. The general conditions of sale are subject to change or withdrawal at any time by the website editor or agent.
3 - Non-availability of the site
The website www.k-eyes.com or the access to one or more services within the site as the online retail space may, without notice or compensation, be closed temporarily or permanently, without that a User being able to claim any compensation.
4 - Products
4.1 Availability
The products for sale by K-EYES, ie reading glasses, sunglasses with or without correction, optical frames and various accessories, are those listed on the site at www.k-eyes.com during the consultation of the Customer on the site.
Products are offered depend to the availability of stock. While holding the stock is displayed in real time on www.k-eyes.com, it may be that a product is missing (inventory or other error). Under these conditions, K-EYES undertakes to inform the Client as soon as possible after the order.
In this case, K-EYES may, in agreement with the Client, schedule a new delivery date according to its replenishment. Failing agreement, or the inability to dispose of the ordered product, K-EYES will refund the sums paid by the customer within a maximum period of 10 days, without the latter being entitled to any compensation.
4.2 Informations et guarantees
The greatest care is taken to the launch, prior to placing order, information relating in particular to the essential characteristics of the products on sale, terms of payment and delivery. However, minor variations in product representation and not on the essential features may be present. These changes do not in any way commit contractually liable K-EYES.
An online reading test is available to the Client on each product page within the "reading glasses" category and that, at the stage prior to ordering. This test is not intended to replace an eye examination and does not engage the responsibility of K-EYES to improper use by the Client.
The information posted on the site www.k-eyes.com don't in any way exonerate the Client to read any other information accompanying the product range or on the product or its packaging (description, precautions, conditions, of cleaning…).
A damaged or modified product should not be used (large scratches...).
4.3 Use of property
The Customer undertakes to use the products for their intended purpose and comply with the instructions for the products for proper use of these.
K-EYES will not be held liable for the misuse of products especially for another use than intended.
5 - Price
Prices relating to the control of products are indicated on the website of K-EYES dedicated to this purpose.
Prices are in euros and with or without taxes (20% VAT) according to the origin country of Internet users and their customer group, professional or particular. The mention "excluded taxes" or "included taxes" is aimed at the order summary.
These prices do not include, unless otherwise indicated, shipping charges, which will be indicated in addition to the final price when ordering stage and before the Client confirms his order.
When the confirmation order sent by e-mail to the Client, delivery charges can be added to the product price. They are calculated as follows: the price is calculated according to the country and weight and/or price of the order.
The Customer shall pay, on its own responsibility, any other tax, customs duty or import country-specific delivery.
Product prices do not include communication costs related to the use of the online sales service, which remain the responsibility of the Customer.
K-EYES reserves the right to change prices at any time. However, the products will be billed based on rates in effect at the time of registration of the order.
6 - Order
6.1 Order taking
To order, the Customer may select one or more objects and add them to his cart. The selection process of reading glasses comprises an additional step, the selection of the diopter, required for validation of the order.
Order taking comprises the steps of :
- Step 1 : fill his cart.
- Step 2 : the information provided by the Customer, when she/he opens a Customer account or for each orders, must be complete, accurate and current. Otherwise, K-EYES will not be able to execute orders. If the Customer does not wish to provide such information, K-EYES will not respond favorably to his order.
- Step 3 : consultation of the general conditions of sale.
- Step 4 : acceptance of all terms and conditions by checking the "I accept the terms of sale" box.
- Step 5 : Validation of the order by clicking on the button "Confirm order". The customer receives a receipt of the order by e-mail. Any order placed by the Customer via the above steps is an irrevocable acceptance of the terms and conditions.
6.2 Validity of the offer
All orders will be honored in the stocks.
The geographical area covered by the offer and delivery is worldwide except for countries affected trade embargo or subject to special provisions on customs regulations.
Any assets and/or discount code can not be combined on promotions. Similarly, several discount codes can not be combined on the same order.
All items in the category "Bradery", Flash Sale and during annual Sales are returnable and refundable (excluding shipping costs) but not exchangeable. In case of defective product upon receipt, the Customer must contact Customer Service by clicking here to find a solution.
6.3 Order confirmation
In accordance with applicable regulations, contractual information will be confirmed in due course and at the latest at the time of delivery by e-mail to the address specified by the Customer on the order form.
This confirmation by e-mail will include the following information :
- Identification of the order number ;
- The description of the products ;
- The total amount of the order (price and shipping) ;
- A reminder of the conditions of security of payment.
The Customer, under his responsibility, to maintain the medium of his choice the contractual information.
K-EYES reserves the right not to confirm the order especially in case of refusal to authorize payment, incorrect address or other problem on the account of the user. In this case, K-EYES will inform the Customer by e-mail.
The order becomes final only after :
- Payment of the full price by the Customer ;
- Checking the availability of the product by K-EYES promptly after sending the e-mail acknowledging receipt of the order to the Customer.
For placing orders, hours worked start from Monday to Friday from 8:00 am to 5:00 pm (French time).
The order can be canceled within 5 minutes after order confirmation and only during business hours by sending an e-mail to Customer Service by clicking here. Any registered order can not be changed.
7 - Payment
7.1 Payment means
Payment is made online by credit card or via PayPal via the secure payment platform Payline. The invoice will be sent by e-mail and it is available through Customer Account via Orders History.
The order is final until it has been confirmed by the payment of the price by the purchaser. Any outstanding order within 10 days of placing order will be automatically canceled.
For payments made by credit card on the website, K-EYES uses the secure payment service in the 3D Secure Payline. All information transmitted from the site www.k-eyes.com to the payment system are systematically encrypted to ensure confidentiality.
7.2 Default of payment
In the case of a default of payment of the price not justified by a legitimate reason, K-EYES is right to claim late payment interest calculated on the basis of the legal rate plus three percentage points apply from the date the payment due.
In case of litigation recovery (recovery firm, lawyer or bailiff) and after a simple letter, receivables of K-EYES against professionals will be increased by 40 euros as damages of recovery and without prejudice a claim for these real costs.
7.3 Retention of title
The delivered product remains the property of K-EYES until full and effective payment of the price by the Client. Failure to pay a product remains the property of K-EYES.
The transfer of risk of loss or damage to the Customer takes place on the date of delivery of the product that is to say, the reception of the product by the Customer.
8 - Conditions and Delivery
8.1 Delivery delay
Products ordered by the Customer will be delivered within a maximum period of 30 days from the order confirmation and Regulations.
In case of unavailability of the product, K-EYES undertakes to inform the Client as soon as possible so that the client can be refunded without delay and no later than within 14 days of payment of the sums paid.
If predictable lengthening of delivery time, K-EYES undertakes to inform the Client as soon as possible so that he can then choose to maintain or cancel partially or completely the order.
Responsibility for K-EYES can not be blamed and held responsible for the consequences of events beyond its control, including force majeure or unforeseeable circumstances, which would tend to delay or prevent delivery of the ordered product.
In case of non-compliance with the mentioned period increased by 7 days, the customer can cancel the order by sending a registered letter with acknowledgment of receipt to the registered address indicated at the beginning of these terms. The cancellation will be considered by K-EYES if the shipment or delivery is not reached between the sending and receipt of that letter. The customer will be refunded at the latest within 14 days of receipt of the registered letter by K-EYES.
K-EYES reserves the choice of carrier and guarantees the delivery of products.
8.2 Delivery control
The delivery of the order is made to the address specified by the Client.
K-EYES ensures compliance of the product delivered to the essential features described on the website www.k-eyes.com and for an intended use.
Customer is responsible for checking the condition of the packaging and the conformity of the product delivered, and issue if necessary, on the delivery of the carrier.
In case of :
- Apparent defect
The Customer undertakes to verify the product's compliance with the order upon delivery. Any error of delivery compared to the control or apprent defect will be the subject of a claim within 14 days from delivery. After this period, the product will be deemed received by the Client, which can no longer rely on a delivery error or defect. After both parties agree the refund will be made within 14 days or return the product will be made within 30 days.
Once the manufacturing defect confirmed, the return of the product or refund thereof shall be made within 14 days. This is only valid in case of manufacturing defect, not in bad maintenance products.
- Damage and partial loss
Pursuant to Article L 133-3 of the Commercial Code, receiving items carried out any action against the carrier for damage or partial loss if within three days, excluding public holidays, following that of the receipt, recipient has not notified the carrier by registered letter, the protest grounds.
Claims related to the transport of goods will be carried on the transport document and confirmed the carrier and the publisher by registered letter with acknowledgment of receipt within three days from the receipt of goods only foreclosure reserves and claims.
- Return to sender
In case the Customer erred by entering their postal address or the parcel has not recovered - at the end of the period originally announced by the sender - to his post office within 15 days of the passage of factor and the package is returned to sender, the Customer must contact Customer Service by clicking here.
Both solutions will be offered to the Client :
1) The Customer wishes to receive the command again and communicates with K-EYES accurate and complete address. Forwarding fees are at the Customer charge ;
2) Customer may also request a refund of the order, however the shipping costs remain at his charge.
For foreign customers, K-EYES has the right to request a refund of the shipping costs incurred in the event of the return of the parcel to its premises, in addition to the refund of the initial shipping costs.
8.3 Carrier
The choice of carrier owned by K-EYES. Packages are oversized and well protected.
9 – Guarantee
9.1 Guarantee of hidden defects
K-EYES must respect the legal warranty against latent defects within the meaning of Article 1641 of the Civil Code which states : "The seller is required to guarantee against hidden defects that render it unfit for use of which it was intended, or that decrease this use that the buyer would not have bought it or would have paid a lower price if he had known".
In all cases, K-EYES will not be held liable for the misuse of the product by the customer, normal wear and tear, a lack of maintenance .
9.2 Non-conformity
In case of non-compliance of the delivered product, the Customer must notify the Customer Service of K-EYESby clicking here, scoring in a clear non-compliance found. In accordance with Article 1648 of the Civil Code, the Customer has 2 years from the date of taking possession of the product to implement the guarantee of compliance.
9.3.1 If the default occurs within 6 months after purchasing
If the product defect occurs within 6 months after purchasing, it is presumed to exist at the date of acquisition.
9.3.2 If the fault occurs more than 6 months after purchasing
If the fault occurs more than 6 months after purchasing, the Customer can not benefit from the guarantee of conformity if he can prove that the defect existed at the time of purchase.
To this end, the Customer may submit any documents that certify the non-conformity.
9.3.3 Consideration of the request of the Customer
K-EYES is committed, under the Customer's request, to exchange or refund the product to the customer, provided it is returned in its original packaging. In case of obvious cost difference between the two options, K-EYES will opt for the cheaper solution. In return for default , K-EYES reimburse shipping costs on presentation of the relevant supporting documents and in any event at the rates in force. Repayment is in proportion to the product price on the entire order.
Provided that the Customer agrees, K-EYES will offer him a credit instead of an exchange or refund.
The provisions of this article do not prevent you from enjoying the right of withdrawal provided for in Article 11.
10 - Referral program and vouchers
Access to www.k-eyes.com can be done through sponsorship services, the latter being reserved for a limited social network member (friends and relatives). Sponsorship allows the customer to benefit vouchers for use on the site and credited 21 days after the first order referrals, subject to non-cancellation of their order. Vouchers worth € 5 non-cumulative and valid for one year to above € 50 order.
Vouchers are available in the customer account and in the "Sponsorship" field. These are non-cumulative with each other and subject to a minimum order amount, unless otherwise specified in the origin of the good. They may in no case be subject to a monetary refund and make a full payment.
www.k-eyes.com reserves the right to temporarily increase the value of the voucher and return to the original value of € 5 without prior notice to the members.The increase in the value of the voucher does not affect the allocation and usage conditions listed above.
In the event that the company would find K-eyes.com serious irregularities in the use by a member of his system of vouchers and/or sponsorship, it could then take all appropriate measures to stop these irregularities, namely the suspension of access to the site or the exclusion of the member.
11 - Right to withdrawal
Pursuant to Article L. 121-16 of the Consumer Code, the Customer has a fourteen-day withdrawal period from the date of receipt of the order.
If the customer exercises this right of withdrawal, product return must be in original packaging in a state consistent with that received initially, the article should not have been worn or damaged, without excessive manipulation (scratches on glasses, no significant deterioration of the packaging), at the latest within 14 days of the communication of its decision to withdraw and accompanied by all accessories and instructions and indication of the invoice which the products relate.
A product impaired due to excessive handling (including damaged, damaged, returned incomplete, worn, without labeling ...) can not be resumed, nor refund. Return fees and custom fees must be paid by the Client.
In the event of exercise of the right of withdrawal, in accordance with the form of withdrawal attached in appendix 1, the Client abroad will have the choice to ask for the refund of his order, except return shipping costs that the Client have incurred.
Consequently, K-EYES undertakes to reimburse the Customer within a maximum period of 14 days from the actual return of the product. K-EYES has the choice of the mode of refund, transfer (Customer must provide their IBAN), cheque or PayPal.
Any return of products must be the subject of a request made to our Customer Service via contact form or by phone (+33 4 94 45 29 70) as specified at the beginning of the present ones.
12 - Protection of personal data
The information requested, including through the forms are required to process the order and will be communicated to providers responsible for the realization of the order including the carrier and/or any competent authority for settlement a dispute between K-EYES and Client. They may also be used to better understand the customer and adjust the K-EYES offers the Customer needs.
In accordance with Law No. 78-17 of 6 January 1978 on computers, files and liberties, the treatment of personal information collected on the website was the subject of a declaration receipt No. 1888262 v 0 with the National Commission for Computing and Liberties (CNIL). The Customer has a right to access, modify, rectify and delete personal data. To exercise this right, the customer must send an e-mail to Customer Service K-EYES to the email or postal address indicated at the beginning of these terms.
13 - Intellectual property
The elements belonging to K-EYES, such as the website, brands, games, drawings, models, images, audio clips and videos, texts, pictures, logo, graphic, without that this list is not exhaustive, are the exclusive property of K-EYES.
These general conditions do not prevail transfer any intellectual property rights over the elements belonging to K-EYES to the benefit of the Client.
K-EYES grants you access to the Site a non-exclusive, personal, non-transferable and for use in line with the conditions set in the present. Any other use constitutes infringement and is punishable by law under the Intellectual Property.
The Customer agrees not to infringe, directly or indirectly, ownership of K-EYES and shall operate in any manner whatsoever, names, marks, logos. The Customer undertakes to respect all the rights of K-EYES and agrees not to raise any analogy in the public mind for any purpose whatsoever.
Of hypertext links to the site's home page or any other page www.k-eyes.com should always be subject to an application for authorization shall be withdrawn on request of K-EYES.
14 - Statements relating to the collection of "cookies"
To enable the Internet user an optimal navigation on the K-EYES site and better functioning of the various interfaces and applications, the publisher may continue to implement a cookie on the computer terminal of the User. This cookie allows you to store information relating to navigation on the site (date, page, hours) as well as any data entered by the users during their visit (search, login, e-mail, password).
These cookies are meant to be kept on the computer station of the Internet for varying periods, and can be read and used by the publisher at a subsequent visit of the Internet on this site. The user has the ability to block, modify the retention period, or delete this cookie via their browser interface (usually: tools or options / privacy or private life). In such a case, the navigation on this site may not be optimized. If the systematic disabling cookies on the user's browser prevents it from using certain services or functionality provided by the publisher, this dysfunction can in no case be damage to the surfer who can not claim any compensation thereby.
15 - Responsibility
K-EYES will not be held liable for breach of its obligations due to unforeseeable circumstances and/or force majeure within the meaning generally accepted by law and the French courts or for reasons beyond its control.
In any event the liability of K-EYES is limited to the price of the product sold unless otherwise provided by mandatory.
In addition, K-EYES will be liable to the extent permitted by applicable regulations direct or indirect damages including consequential that may arise from accessing the website or improper use of the products within the meaning of Article "use of products" especially when these products contain customary restrictions.
It is also recalled that the hyperlinks provided on www.k-eyes.com may link to other websites whose contents remain the sole responsibility of the operators and owners of those sites.
16 – Force Majeure / Fortuitous Events
Explicitly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals.
The performance by K-EYES of all or part of its obligations will be suspended upon the occurrence of a fortuitous event or force majeure that would impede or delay the execution.
K-EYES notify the Customer of such a fortuitous event or force majeure within 14 days of its occurrence. If this suspension would continue beyond a period of 15 days, the Customer would then have the right to terminate the current order, and it would then conducted its reimbursement under the conditions described above.
17 - Entirety
In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of the remainder of these Terms of sale.
18 - Duration
These conditions apply throughout the line-up of the services offered by K-EYES.
19 - Proof
The records stored on the servers of K-EYES or on those of his hosts, shall be considered prima facie evidence as proof of communications, orders and payments between the parties.
20 - Applicable law
These conditions are subject to French law. This is so for substantive rules as to the rules of form.
In any case, K-EYES gives no guarantee of compliance with local laws that would be applicable once an Internet user accesses the site from another country.
In case of dispute, the dispute shall, in the absence of agreement, the exclusive jurisdiction of the competent French court for a dispute between K-EYES to unprofessional and Fréjus Commercial Court to a dispute with a professional.
SCHEDULE 1 WITHDRAWAL FORM
In application of Article L.121-20 and following of the Consumer Code, the non trade web user enjoys a period of fourteen days from the receipt date of the order to exercise their right to withdrawal.
I the undersigned, Mr., Mrs., Miss [to be detailed] inform you of my right to withdraw from order n° [to be detailed] made on your website.
Under that head, I would like you to reimburse the sums paid for that order, except the shipping costs and return costs incurred, within a maximum period of time of 14 days from the effective return of the product ordered.
Moreover, I undertake to return the product to you at my own cost within a maximum of 14 days from the date of exercising my right of withdrawal respecting the provisions of Article 11 of the TCS namely a product which has not suffered depreciation.
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