The present General Terms and Conditions of Sale ("GTC") are set forth by the company METAOPTICS whose activity is these and which owns the website http://www.metaoptics.vision ("Site").
- A simplified joint-stock company with a capital of €20,000, registered at the RCS of Caen under the number 89196574,
- Head office : 2bis rue Leroy 14000 Caen ("Company").
- Intra-community VAT number: FR42 891 965 741
- Contact : email@example.com
- Phone: 09 84 15 43 21 or + 33 9 84 15 43 21
- Director of publication : Emmanuel Hannebicque
The Site is hosted by OVH :
- SAS with a capital of € 10 069 020
- RCS Lille Metropole 424 761 419 00045
- Code APE 2620Z
- VAT NUMBER : FR 22 424 761 419
- Head office : 2 rue Kellermann - 59100 Roubaix - France
- Phone : 0972 101 007 or + 33 972 101 007
OVH SAS is a subsidiary of OVH Groupe SAS, a company registered in the Lille Trade and Companies Register under number 537 407 926 and located at 2, rue Kellermann, 59100 Roubaix.
APPLICATION AND ENFORCEABILITY OF THE TERMS AND CONDITIONS
Through its Site, the Company offers its customers ("the Customer") the possibility of purchasing various sports optical products (the "Products"), in particular, corrective lenses or lenses without correction.
The qualified optician in charge of the optical activity is Emmanuel Hannebicque (N°ADELI 142857515), founder and partner of the company. He can be reached by email or by phone.
• Email : firstname.lastname@example.org
• Phone: 09 84 15 43 21 ou + 33 9 84 15 43 21
• Mail : 9006 Route de Caen
Technoparc du Golf - Bat A,
The purpose of these General Terms and Conditions is to define the conditions under which the Company sells Products to its Customers. Therefore, they shall apply to any order ("Order") of Products placed on the Site by any Customer registered on the said Site ("Customer").
The Customer declares that he/she has read and accepted these Terms and Conditions before placing the Order. The validation of the Order, therefore, implies the acceptance of the GTC.
By validating the Order, the Customer certifies that he/she has read and accepted the GTC. Placing an order, therefore, constitutes acceptance without the need for a manual signature.
ORDERING ON THE SITE
When placing an Order, the Customer is asked to choose the frame he/she owns, then lenses with or without correction, the type of correction desired, the use, the type of lenses as well as the tint, color, and treatment; then the choice of mounting his/her lenses or having them mounted. After making these choices, the Customer is taken to the Order Summary page before validating the Order.
Throughout the Order selection process, the Customer has access to the summary sheet which presents the complete list of Products selected by the Customer as well as any additional charges. Until the final validation of the Order, the Customer can modify it and rectify any errors.
At the time of the final validation of the Order, the Customer shall enter his/her payment details and delivery preferences.
The client certifies at the time of payment:
• That he is over 18 years old
In the case of an order for corrective lenses, the Customer certifies that
• That he/she has a medical prescription issued by an authorized health professional,
• That this medical prescription is less than one year old for persons under 16 years of age, less than five years old for persons between 16 and 42 years of age, and less than three years old for persons over 42 years of age.
Failure to comply with these conditions will result in the cancellation of the order during the verification phase by an optician.
Once the payment of the order is validated, it is verified by one of METAOPTICS opticians. The latter will contact the customer if he/she notices a data entry error or a technical impossibility to produce the lenses to propose an alternative solution. If the customer refuses the modification and/or the payment of a possible supplement, the Company reserves the right to cancel the order.
As a reminder, Decree 2016-1381 of October 12, 2016, on the conditions of delivery of corrective lenses or corrective ocular contact lenses and the rules of practice of the profession of optician-monitor, states that, for prescriptions for corrective lenses issued before the date of entry into force of this decree, on 17/10/2016, the medical prescription is adaptable by the optician in the context of a renewal of optical equipment, provided that it is less than 3 years old and that it is intended for a subject over the age of 16. The Company does not modify or adapt prescriptions in the context of its Internet sales activity.
The Company shall send the Customer an e-mail confirming the Order and listing the various items purchased. The sending of this confirmation e-mail formalizes the contractual commitment between the Company and the Client.
Upon delivery of the Order, the Customer will receive an invoice mentioning the optician who examined the Customer's request.
PRICES AND TERMS OF PAYMENT
All the prices mentioned on the site, in the descriptions, or the summaries are expressed in euros and all taxes included including a VAT at 20% in case of delivery in Europe and a VAT at 0% in case of delivery in French Overseas Departments and Territories or outside the EU. Deliveries outside France may be subject to taxes and customs duties imposed when the package arrives at its destination. These taxes and customs duties are the responsibility of the customer. The Company does not verify customs duties and taxes for deliveries outside of France and is not required to inform the Customer.
The total amount of the Sales Order shall be indicated in the Sales Order summary before the Client accepts the Terms and Conditions, validates the Sales Order, enters his/her billing and shipping information, and proceeds to checkout.
The Order shall be subject to payment online, in euros, exclusively by credit card (currently accepted: CB, Visa, and MasterCard). No order shall be validated unless the Client has paid in full at the time of placing the Order. The Customer's bank account will be debited on the date of the order and the order will be considered effective after confirmation of the agreement of the banking payment centers. The Site entrusts the security of its transactions to the company Pay-Plug. The Company never has access to confidential information relating to the means of payment.
For any Order placed on the Site, the Customer certifies that he/she is fully entitled to use the bank card provided for the payment of his/her order and that this bank card gives access to the funds necessary to cover the costs corresponding to the Order placed on the Site.
In the event of non-payment, partial payment, payment incident, fraud, or attempted fraud relating to payment or use of the Site, the Company reserves the right to suspend and/or cancel any Order or delivery, regardless of its progress.
Payment of your order 3 or 4 times by credit card from 100€ to 3000€ with Oney Bank.
Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 times with your credit card.
Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the duration of the chosen financing. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo, and American Express cards, are not accepted.
How to subscribe: After completing your order, simply click on the "3x 4x Oney payment by credit card" button.
You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and a personalized financing application, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account.
You read the general terms and conditions of payment in installments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box.
You acknowledge that the "double click" associated with the check box on the acknowledgment of the general conditions is equivalent to consent to contract and constitutes an irrevocable and unconditional acceptance of the general conditions of the product. In the absence of proof to the contrary, the data recorded by Oney Bank shall constitute proof of all transactions between you and Oney Bank.
If you apply for a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management, and collection of credit.
Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day cooling-off period to withdraw from your credit.
How does it work? The payment in 3 or 4 times by credit card allows you to pay the order made on our website in the following way:
- A compulsory deposit, debited on the day of the confirmation of the shipment of your order corresponding to a third or a quarter of the order, to which are added costs corresponding to 1.45% of the total amount of the order for 3 times and 2.2% for 4 times (within the limit of 15€ maximum for payment in 3 times and 30€ maximum for 4 times);
- Two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days after for the 3 times and at 30, 60, and 90 days after for the 4 times.
The payment is 3 times from 100€ of purchase and up to 3000€.
Example: For purchase of 150€, the contribution of 52,18€ then 2 monthly payments of 50€.
Credit for 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 up to a maximum of €15.
Payment in 4 installments from 100€ of purchase and up to 3000€.
Example: For purchase of €400, a deposit of €108.80 and 3 monthly payments of €100.
Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 up to a maximum of €30.
Oney Bank - SA with a capital of 51 286 585€ - Head office : 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias : 07 023 261 - www.orias.fr - Correspondence : CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
CPAM Reimbursement - 0 Out-of-Pocket Expense as of January 1, 2020
Customers ordering corrective lenses on the Site that may be reimbursed by the CPAM will be given a free quote including a Class A option (0 remaining costs) and a Class B option (free offer).
• When the Customer's selection of the frame he/she owns does not allow the use of Class A lenses, but only Class B lenses; the Customer is informed of this and is invited to check a box acknowledging the incompatibility of his/her frame with Class A lenses. By placing an Order on the Site, the Customer thus refuses the 100% health offer (Class A) in favor of the free offer. The final validation of the Order and its payment shall constitute acceptance and digital signature of the free offer part of the Order, of the entirety of the Order and the due date of the sums due in the execution of said Order, as well as full and unreserved acceptance of the entirety of this GTC, in the same way as a handwritten signature.
• When the client has selected a frame that allows for the use of Class A lenses, the client is invited to proceed with the creation of the Sales Order without validating the final payment until the standardized estimate has been transmitted to him/her by our opticians. The METAOPTICS optician will then validate the Order and send by e-mail a quote with the class A and class B lenses chosen. This quotation is loaded into the data accessible by the client on the Web site, and the client is invited to choose and confirm his choice before proceeding to the payment phase. The final validation of the Sales Order and the payment shall constitute acceptance and electronic signature of the entirety of the Sales Order and the sums due in fulfillment of the said Sales Order, as well as full and unreserved acceptance of the entirety of these General Terms and Conditions of Sale in the same way as a handwritten signature.
According to the Official Journal of December 13, 2018 "For adults and children aged 16 and over, renewal of coverage for equipment (respectively one frame and two lenses) is possible at the end of a minimum period of two years after the last coverage for equipment (respectively one frame and two lenses). For children over 6 and under 16 years of age, the renewal of the reimbursement of equipment (respectively a frame and two lenses) is possible after a minimum period of one year after the last reimbursement of equipment (respectively a frame and two lenses)." The different time limits are understood to be concerning the date of issue of the last device concerned for the application of the time limit. The different time limits shall also apply for the separate renewal of equipment components."
AVAILABILITY, SERVICE, DEADLINES, AND DELIVERY
• The services
The Company offers its customers a service of mounting lenses on their frames. In this case, the Customer must send his or her frame to the Company so that it can validate the conformity with the lenses ordered before launching the production phase. However, the Company reserves the right to refuse to mount the lenses on a customer's frame if the latter is in a condition that does not allow mounting to be carried out without major risk of breakage or damage to the frame or lenses, or if the frame requires specific equipment that is not available on the Company's premises. The customer will then be informed and the order will be put on hold.
• Delivery times
The Company shall do its utmost to ensure that delivery is made within 15 calendar days from the time all the data required to complete the order have been transmitted: prescription, photos requested on the site for the calculation and verification of the 1⁄2 pupillary distances and the 2 heights, receipt of the frame for cases of assembly carried out by the Company on behalf of the Client. If additional time is required, the Company undertakes to inform the Client as soon as possible.
• Delivery of the Sales Order
The Products will be shipped to the address indicated by the client during the checkout process. The Products will be dispatched via e-mail to the address indicated by the client when making the Sales Order.
The Products are deliverable in Metropolitan France, in the French Overseas Departments and Territories, in the European Union as well as in Switzerland, in Norway, in the United Kingdom, in Liechtenstein, in San Marino, in Andorra, in Monaco, and the Vatican. Any order to a country outside of this area may be refused by the Company (after estimating the shipping costs associated with this delivery).
The Company undertakes to inform the customer in the event of additional delays resulting in a delivery delay due to unforeseeable circumstances.
Each delivery shall be deemed to have been made once the Sales Order has been handed over to the client by the carrier. It is the Client's responsibility to check the condition of the package upon arrival and to notify the carrier of any reservations or claims within three business days of the date of delivery by registered letter with acknowledgment of receipt. In the event of damage due to transport, the customer must refuse the package or send the Company a photo of the unopened package to show the damage. In case of loss of the package by the carrier, the Company undertakes to send a new package free of charge to the customer after receiving written confirmation from the carrier that the package has been lost.
The Customer agrees that the information provided to the Company shall be accurate and shall remain accurate until the Order is received in full. Therefore, the Client undertakes to inform the Company of any change of address by sending an e-mail to the customer service department as soon as possible. Should the Client fail to do so, and in the event of a delay and/or error, the Client may not hold the Company liable under any circumstances.
The Company shall not be held liable for the non-receipt of an Order due to an unforeseeable and insurmountable event, or in case of force majeure.
For any complaint, request for information, or clarification, the Customer may contact the Company's Customer Service. The Company's Customer Service is available from Monday to Friday from 9:00 am to 5:00 pm at the following address
◦ Email: email@example.com
◦ Phone: 09 84 15 43 21 ou + 33 9 84 15 43 21
◦ Mail: 9006 Route de Caen
Technoparc du Golf - Bat A,
All our optical products are included in our free manufacturer's warranty. This includes both corrective lenses customized to the customer's frame and non-corrective lenses customized to the customer's frame.
The duration of this warranty is six (6) months from the date of purchase. It covers all defects appearing on the lens that do not result from improper use of the Product by the Customer.
To implement this warranty, the Customer must contact the Company's Customer Service Department by providing proof of purchase and indicating the problem encountered:
◦ Email: firstname.lastname@example.org
◦ Phone: 09 84 15 43 21 ou + 33 9 84 15 43 21
◦ Mail: 9006 Route de Caen
Technoparc du Golf - Bat A,
Following this complaint, Customer Service will contact the customer to propose an appropriate solution. Following article L211-16 of the French Consumer Code, any period of immobilization of at least seven (7) days due to the repair of the Product covered by the warranty is added to the duration of the warranty initially granted.
LEGAL GUARANTEE OF CONFORMITY
Each lens is checked by a qualified optician before delivery to the customer. In case of non-conformity of the delivered product, the customer can turn to the Customer Service of the Company by following the procedure available on the website at the following address: http://dev.metaoptics.vision/content/19-garantie-conformite
Under the legal guarantee of conformity of Articles L217-1 to L217-14, L211-1 to L211-4, L111-1 to L111-8 and Article L241-5 of the Consumer Code as well as the Order of December 18, 2014, on the content of GTCs in terms of Legal Guarantee, in case of a defective product or one that does not correspond to the order; acting within two (2) years from the date of delivery, the Buyer has the choice of either repairing the product or replacing it. If repair and replacement are not possible, the Buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
However, these legal guarantees cannot be implemented if the defect or damage to a Product purchased from the Company is the result of improper use of the Product (scratches, breakage, deformation, etc.) by the purchaser.
In addition, the information and photos in each "glasses" file are indicative; it is possible that due to the digital presentation mode on the website, the Customer's perception does not correspond exactly to the product delivered following the order: colors of the glasses, colors of the mirrors, colors of the anti-reflection treatments, etc... A deviation related to these aspects of perception cannot be considered as a non-conformity.
Following the provisions required by the Consumer Code concerning the amicable settlement of disputes, METAOPTICS adheres to the Service of the Mediator of e-commerce of the ANM (National Association of Mediators) whose coordinates are as follows
- ANM Conso – 62, rue Tiquetonne – 75002 PARIS –
After having tried to settle his dispute with the Company, and if the settlement has not been successful, the Customer may refer the matter to the ANM's Mediation Service.
RIGHT OF WITHDRAWAL
Following Articles L.121-18 et seq. of the French Consumer Code, the Customer has a legal right of withdrawal within 14 clear days from the date of delivery of the Order, without having to justify the reason or pay any penalties.
To exercise the right of withdrawal from the Order, the Customer must notify the Company through a clear, unambiguous statement, without giving any reasons. To do so, the Client may contact customer service by any available means:
• Email: email@example.com
• Phone: 09 84 15 43 21 ou + 33 9 84 15 43 21
• Mail: 9006 Route de Caen
Technoparc du Golf - Bat A,
The Order must be returned to the Company by the Customer in the same condition in which he/she received it and with all the elements supplied (original packaging, accessories, and instructions), even if the product has been unpacked, without the product and/or the service has been subject to lasting use (beyond a few minutes), i.e. provided that the product does not bear the mark of prolonged use exceeding the time required for testing and is in a condition that allows it to be resold.
In case of a defect on the received order, please contact Customer Service to make note of this said defect, a prepaid return form will be communicated to you. No refund will be made if the Order is returned by any other means.
As part of the continuous improvement of its service, the Company invites the Customer to notify the reason for the withdrawal on the withdrawal form.
In case of withdrawal by the Customer, the refund will be made by the same means of payment used at the time of purchase. This refund will be made within a maximum of 14 days from the date of receipt of the returned Order in our offices. In any event, this refund shall not incur any costs for the Customer.
Following Article L.221-23 of the French Consumer Code, the Customer shall only be liable to the Company for any loss of value of the Product(s) returned following the exercise of his/her right of withdrawal, resulting from handling other than that required to establish the nature, characteristics and proper functioning of said goods.
Following the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised for the supply of goods made to the consumer's specifications or personalized. Therefore, in the case of an Order for corrective lenses tailored to the shape of the frame or non-corrective lenses tailored to the shape of the frame, no exchange, refund, or withdrawal can be made unless the lenses delivered are defective.
OBLIGATIONS OF THE CUSTOMER
The Customer undertakes :
• To respect the terms of these GTC.
• To use the Site following the Company's instructions.
• To use the Site for personal use only.
The Client agrees to refrain from:
• Use the Site in any unlawful manner, for any unlawful purpose, or in any manner that is inconsistent with these Terms and Conditions.
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity intended to disrupt, diminish the quality or deteriorate the functionality of the Site or interfere with its performance.
• To denigrate the Site and/or the Products as well as the Company on social networks and any other means of communication.
• To use the Site for abusive purposes by deliberately introducing any malicious program or virus and to attempt to access it in an unauthorized manner.
• Copy, reproduce, sell, distribute, lend, rent, transfer or grant without sublicense all or part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.
• To infringe the Company's intellectual property rights and/or to resell or attempt to resell the products to third parties.
The Company reserves the right to remove a customer's access to the Site and to take all civil and criminal legal measures and actions against him/her if it considers that a Customer does not comply with the GTC.
The Company shall do its utmost to ensure that the Customer receives quality Products under the best possible conditions. It shall not be held liable for any damage attributable either to the Client, or to a case of force majeure, or the unforeseeable act of a third party unrelated to the contract.
The Company shall not be held responsible if the Client's computer system rejects e-mails sent by the Company (invoice, order summary, shipment tracking, etc.) whether due to anti-spam or otherwise.
The Site may contain links to other sites not controlled or edited by the Company, and the Company shall not be held responsible for the content or any other elements present on the said site. The Company cannot be held responsible for the availability of these sites and cannot in any way control their content.
The Site is the property of the Company. Copyright, trademarks, designs and models, and all other intellectual property rights protect this Site and its various elements. They are the exclusive property of the Company, all these rights are reserved worldwide.
The brand, logos, and visuals appearing on the site are the strict property of the Company. Any total or partial reproduction of the brand, the logo, or the visuals made from elements present on the site without the express authorization of METAOPTCS is prohibited.
It is strictly forbidden for the client to publish, reproduce, transmit, edit, mount, distribute, delete, remove, add to this Site, and the software and elements that constitute it. Neither to modify them nor to use them as a basis for work.
RESALE OF METAOPTICS PRODUCTS
METAOPTICS products are strictly forbidden for resale. Our products are available for sale only on our website metaoptics. vision.
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JURISDICTION, APPLICABLE LAW
This GTC is governed and interpreted by French law, without regard to the principles of conflict of laws.
In case of dispute in the application and interpretation of this GTC, the Customer may choose to submit the dispute to a conventional mediation procedure, in particular with the Consumer Mediation Commission (Article L612-1 of the Consumer Code) or with the existing sectoral mediation bodies. If necessary, the Customer may visit the European platform for the settlement of consumer disputes, which lists all the approved dispute settlement bodies in France, set up by the European Commission at the following address: https://webgate.ec.europa.eu/odr/.
If the mediation procedure fails or if the Customer wishes to bring an action before a court, the Code of Civil Procedure rules will apply.
LEGISLATION AND REGULATIONS APPLICABLE TO OPTICS AND EYEWEAR
The provisions applicable to optics and eyewear:
• Articles L4263-1 and following of the Public Health Code
• Link to the website of the Agence nationale de sécurité du médicament et des produits de santé mentioned in article L. 5311-1, giving access to the reporting procedure provided for in article L. 5212-2
• Decree of April 13, 2007, n°2007-553
• Order of July 23, 1996, relating to the standardized estimate
• Articles L165-1 and following of the Social Security Code
• Following article R. 4362-14, you will find on the link below the applicable regulations in the field of optics and eyewear: http://www.legifrance.gouv.fr/eli/decret/2015/10/2/AFSH1511324D/jo
Last update on April 26, 2021