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Terms and conditions


Article 1: Scope

The terms and conditions apply exclusively to current and future trade relations between EyeShop.com ("We") and the creator of the order ("You").
EyeShop.com belongs to the Company EyeShop SARL, Private Limited Company with a capital of 5000 euros placed in: 164-168 Avenue de l’Aiguille du Midi, 74400 Chamonix Mont-Blanc - France, registered with the Commercial Companies Register in Annecy, number 80991180300017.
The fact that the customer clicks the "OK" button after the order process is equivalent to an acceptance of the order and its mentioned conditions, and an acceptance of the present general terms and conditions.
These Terms and Conditions may change, the conditions applicable are those on the website at the time of placing your order.


Article 2 : Order

We undertake to accept your order in regard to these present terms and conditions.
Any order signed by the consumer through a "double click" constitutes an irrevocable acceptance which can only be contested within the limits given in these terms and conditions.
The "double click" associated with the authentication and non-repudiation and integrity protection of messages, is an electronic signature. This electronic signature has value between the parties as well as a handwritten signature (Law of 13 March 2000 about electronic signature).
However, you have the option to change your order until the dispatch of your items.
We kindly ask you to note that we will execute your order within the limits of our available stocks or under reserve according to the availability of our suppliers inventory.
Our product-offers are valid as long as they are visible on the website, within the limits of available stocks except promotions mentioned on the sites.
When you order, we will inform you of the availability of the products you want to buy. However, if despite our vigilance the products are temporarily or definitely unavailable (out of stock, out of collection, new production, etc..) after you have ordered, we will notify you by phone or e-mail and invite you to cancel or change your order.
Unless proved otherwise, the data recorded by Eyeshop.com constitutes proof of all transactions placed by Eyeshop.com and its customers.


Article 3: Price

Prices are quoted in euros and excluding shipping costs. We reserve us the right to change our prices at any time, but we undertake to apply the rates that you have been given at the time of your order.
If you order from a country other than France you are the importer of the concerned product. For all products shipped outside the EU and French Overseas Territories, the price will be automatically calculated tax-free on the invoice. Custom duties, other local taxes, import duties or state taxes may be payable. These rights are not within the purview of Eyeshop.com. They will be at your charge and your entire responsibility, both in terms of declaration and payments to the authorities / agencies in your country. We are not required to check and inform you of customs duties and taxes. We recommend you to get information about these duties through your local authorities.
Please note that the prices shown on the website EyeShop.com are given in euros and for information in other currencies: U.S. Dollar (USD) British Pound (GBP) and Swiss Franc (CHF). It is applied to a indicative exchange rate updated once a day. This rate may differ from the moment of billing.


Article 4: Payment and Security

The price is payable immediately on the date of the order. You can pay by credit card, French check, bank transfer or Paypal.
Our secure payment provider (Be2bill) will automatically invoice in Euros and Euros only.

Credit Card
Our site is subject to a security payment system .
Our site uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. But we also strengthened the overall process of scrambling and encryption to protect as effectively as possible all sensitive data related to payment.
During purchase, payment is made through the secure payment system "Be2bill". Credit card details are encrypted and thus fully protected against any form of hacking.
The card number is not visible at any time and / or retained by Eyeshop.com if you choose to save a credit card for future purchases during order process or directly from your account . Your bank data remain fully confidential, you can buy with confidence!
During the payment process, the symbol of a key or a padlock indicates that you are in a secure connection. The URL of the payment page must begin with https://

If you wish to pay by distance selling, please contact our customer service : 0033 9 82 31 12 12 (Mon-Fri: 9am-6pm).

Paypal

PayPal allows to pay online without sharing your bank or card details with sellers during payments process.
To pay by Paypal, you must have an account with PayPal. If you pay via PayPal, the terms and conditions of Payal are applied.
Just use your E-mail address and PayPal password. You do not share your bank details.

Bank Transfer

Please indicate your order number in the transfer order.

Transfer fees are on your charge.
Your order will be sent upon receipt of wire transfer.
Our bank details are as follows:

EyeShop
Banque Laydernier, 74400 Sallanches, France (10228)
IBAN: FR76 1022 8028 9520 8210 0020 007
BIC: LAYDFR2W

The products remain the property of Eyeshop.com until full payment.
In case your payment is delayed, we would be entitled to claim interest for late payment calculated on the base of statutory rate applicable at the date of the order to pay.

Payment error

Eyeshop.com reserves the right to refuse a delivery or to honor an order from a consumer who has not fully paid a previous order or with whom a payment dispute under administration is in process.

Anti fraud controls
Eyeshop.com, controls all the orders that have been validated on its site. As part of these procedures, it may be necessary that our services have to ask for necessary ID proofs to release your order.
The information provided in the order are subject to an automatic data processing.


Article 5: Taxes and Customs

The customs documents summarise the total value of your order and all item descriptions for parcels destined to a country outside the European Union.
The customs duty or import duty is due as soon as the parcel reaches its destination country. You must bear the cost of any import duties. We have no control over these charges and cannot give you an exact amount of the duties, customs policies vary widely from country to country. Please contact your local customs office for further information.

Shipping in the European Union
All items sold on our website include the French VAT rate of 20%. If you are delivered in an European Union country, you do not have to pay extra taxes or other rights of import. The prices shown on the website are prices including all taxes.

Shipping to DOM-TOM (French Overseas departments and territories)
According to the tax law, articles shipped to the DOM-TOM are paid tax free. The administration of local customs is free to charge you the local VAT.

Shipping outside the European Union
All products shipped outside the European Union are paid tax free. The invoice is made free of tax. The administration of local customs is free to charge you for any custom duty or other import taxes. These import duties vary widely from country to country.

Shipping to French Army
Purchases of all military expatriates of the French Army are charged free of tax if they have an address "France Armées."


Article 6: Delivery and time

Unless otherwise specified, delivery is made to the shipping-address you entered during your order process. The packages shipped by Colissimo, Chronopost,  UPS Standard or Express, are insured and risks are borne by our shipping-companies until you are personally delivered against signature. Chronopost deliveries are made Monday to Saturday.
The announced delivery-days are calculated in business days (subject to validation of your order). The delivery date is calculated on the time of preparation and shipping to which is added the shipping time.
Delivery times are given in good faith and without commitment on our part. We will not accept any request for indemnity or penalty.
If the ordered product is in stock, orders by standard shipping made after 12am will be shipped the next business day.
In case you choose to pay by (French) check or bank transfer, the order will be processed upon receipt of payment. The delays depend on receipt of payment.
In case of delay of more than 7 days, you get the option to cancel your order within 60 working days, in accordance with legal provisions. In this case, if you received the product after your cancellation, we will refund the product and return shipping costs, upon receipt by us, and if complete and in its original condition.

  Chronopost   Colissimo  
         
  Delay (days) Cost (€) Delay (days) Cost (€)
Belgium, Germany 1 20 3 10
France, Monaco 1 15 2 Free above 70€
Dom Tom 2-3 35 5-7 20
Europe 1-2 25 3 15
Europe Outside UE 1-2 40 5 20
Switzerland 1 30 3 20
North America 1-2 40 5-7 20
Asia 3-4 55 5-7 40
Africa 4-5 55 5-7 40
Oceania 3-4 55 5-7 40
South & Central America 2-3 55 5-7 40
Turkey 2-3 35 4 20
         
Over France        
Chrono point relais 1 10    
Mon bureau de poste 48h 2 Free above 70€    
Mon point relais 48h 2
Free above 70€
   
         
         
Over Belgium        
Mon bureau de poste 48h 2 8    
Mon point relais 48h 2 8



Article 7: Delivery

Unless otherwise agreed, Eyeshop.com freely choose the shipping-company.

7.1 Shipping risks
Eyeshop.com supports transportation risks until delivery, so until physical delivery of the goods to the indicated addressee at the time of the order or its representative who accepts the parcel, under condition that you check the goods upon receipt in the presence of the deliveryman. Note if necessary, by writing on the transport sheet observations according to the procedure described below. Exceptionally, risks of transport (including loss, damage or theft) are charged to the customer if it is a professional.

7.2 Receipt of goods
You have to refuse delivery if the goods are damaged, missing or if the package has been opened (except in case of customs clearance). In case of loss or damage, you must send a specific and detailed written information on the delivery sheet in the presence of the deliveryman; You must then send a registered letter to the shipping company within 3 days of delivery. Accepted goods without being checked by the recipient at the time of delivery and / or incorrect mail sent to the shipping company within 3 days is considered having been delivered complete (number of items, identity in relation to the order, etc.) and in good condition. No claim will be supported and no responsibility will be engaged by eyeshop.com.


Article 8: Returns and refund

All the products we provide manufacturer’s guarantee and are identical to those you find in retail trade.
You have the right of withdrawal by law (Articles L.121-20 and following of the Consumer Protection Law). You have a period of forteen (14) days to withdrawal without having to justify reasons or pay penalties except, if necessary the cost of returns. The delay of thirty days starts from the date of receipt of the items. You can use this right on all items purchased except for CDs , DVDs and software that have been unsealed. To cancel your order within the withdrawal period of 7 working days, please contact our customer service: clients@eyeshop.com

Shipping fees for returning items are at your charge unless the return is due to a mistake of ours or the item is defective.

This right of return will only be accepted for complete products in their original condition (packaging, accessories, manuals ...) with the return sheet. Items returned incomplete, damaged or soiled will not be accepted.

The refund will be made by re-crediting the credit card, the PayPal account, by bank transfer or by check in less than seven days after receipt of your returned order.

PLEASE NOTE: In case of return for a refund, only the value of the product is refunded, excluding shipping fees.

If you wish to exchange your item, shipping costs for the exchanged product are at our charge.
The CD-ROMs can not be returned if they have not been opened.

Returning a defective or incomplete item:

If your receive an item that is defective, non-conform or damaged during the transport, we take the shipping fees for return on our charge. Our services will check and evaluate the incident so a new item can be shipped or the order refunded or the item can be repaired.

Note: If an element of a complete package is missing or non-conform, we kindly ask you to return the entire package. A complete package is in fact one inseparable article, it is therefore impossible for us to exchange or refund the single item missing or non-conform, even if the item is available individually on our website.

To return an item
Pack the item carefully in a rigid box and send it in standard mode with tracking number to:
EyeShop
164-168 Avenue de l'Aiguille du Midi 
74400 Chamonix Mont-Blanc - France

To simplify the tracking of your return and its delivery, thank you to indicate our phone number and e-mail (09 82 31 12 12 / shipping@eyeshop.com) to the shipping company.
We are not responsible for returns lost by your shipping company. For all parcels returned, it is your responsibility to use a transport company with confidence and ability to track the shipment as the Post, Chronopost, UPS, FedEx, TNT, etc..

Refund
Please note that the processing of returns by our services can take up to 3 days.
You can visualize the refund of an item on your account under the concerned order.


Article 9: Reservation of Proprietary rights

The delivered goods remain our property until the package is handed to the shipping company and once you've paid the price.


Article 10: Warranties and Responsibility

You benefit from the legal guarantee against hidden defects.
Products purchased on Eyeshop.com are under contractual guarantee. This guarantee is indicated on the item description of each product on the website. To know what to do about the after-sales service for any problem or failure of a product you can contact the hotline.
In case of issue of a guarantee it is imperative to keep the purchase invoice of the product.

The contractual guarantees do not cover:

  • Replacement of expendable pieces (batteries, bulbs, bracelets, etc)
  • Abnormal or non-conform use of products. Referring to this we recommend to read the information product insert added to the items
  • Breakdown of accessories (power supply, adapter, etc)
  • Defects due to an intervention of a non-official maintenance service which is not approved by the producer of the item
  • Defects and consequences due to a non-conforme use of the product (professional use, collective use, etc)
  • Defects and consequences due to external causes

We disclaim all responsibility in case the item delivered does not comply with the legislation of the country of delivery other than France.

We undertake to provide all the care used in the profession for the service to the client. However, our responsibility shall not be retained in case of breach of our contractual obligations as a result of a fortuitous event or force majeure as defined by the law made by the French courts.

Our responsibility will not be engaged in case of delay due to a product out of stock at the supplier. In addition, in case of substantial differences between the pictures of the articles on our site, text and illustrations and the items ordered, our responsibility will not be engaged.

We do all our possible to ensure the objects of these Terms and Conditions. We are responsible for any direct and foreseeable damages at the time of use of the Site or the conclusion of the sales contract between Us and You. In any case we will not incur a liability for professionals to a loss of profits, a loss of business, a loss of data or a loss of profit or any other indirect damage which was not been foreseeable at the time of use of the Site or the conclusion of the sales contract between Us and You.

The limitation of responsibility referred to above does not apply in cases of willful misconduct or gross negligence on our part, in the event of injury or liability for defective products, in case of eviction and in case of non-compliance (including due to hidden defects).


Article 11: Protection of Data Privacy

The information and data about you are necessary to manage your order and for our commercial relations. They can be sent to companies that contribute to these relationships such as those responsible for the execution of orders and services for their management, execution, processing and payment. This information and data is also stored for security purposes, to execute legal and regulatory obligations and to allow us to improve and personalize the services we offer and the information we send you.

Under the Data Protection Act of 6 January 1978, you have a right of access, rectification and opposition to personal data. Simply write us online to the Customer Service or by mail to EyeShop - 164-168 Avenue de l’Aiguille du Midi 74400 Chamonix - France, indicating your name, e-mail address and if possible your customer reference. According to regulations, your application must be signed and accompanied by a photocopy of an identity document with your signature and the address to which our answer has to be sent. A response will then be sent within two months after receipt of the request.

Depending on the choices you made when creating or consulting your account, you may receive offers from our company, as shown when creating your account. If you do no longer wish to receive offers, you can at any time unsubscribe.

Our site is designed to be particularly attentive to the needs of our customers. This is one reason why we use cookies. Cookies notify us your visit on our website. They are used by eyeshop.com to improve the personal service destined for you.


Article 12: Intellectual Property Rights

12.1 All texts, comments, creations, illustrations, works and images reproduced or represented on Eyeshop.com sites are strictly reserved under copyright as well as intellectual property and for the world. As such, and in accordance with the Code of Intellectual Property, the only permitted use is private use, subject to different provisions, for even more restrictive code of intellectual property. Any reproduction or representation total or partial of the Eyeshop.com sites, all or part of the elements found on the Eyeshop.com sites are strictly prohibited.

12.2 Corporate names, trademarks and distinctive signs displayed on Eyeshop.Com sites are protected under trademark law. Reproduction or representation of all or part of any of the above signs is strictly prohibited and is subject to prior written authorization of the trademark owner.

12.3 Some products such as software are subject to personal and specific using rights regulating copying, public performance, rental. You must comply with terms and conditions of these products and Eyeshop.com shall not be liable for any use that may be made of products in this context.


Article 13: Applicable Laws - Litigation

This contract is subject to French law. The language of this contract is the French language. In case of dispute with professionals and / or traders, the court in Annecy (France) will be competent. In case of dispute, the French courts will have jurisdiction.