Conditions générales de vente.
Preamble
These general conditions of sale apply between:
K-EYES, simplified joint stock company with a capital of 10,000 euros. Registered with the RCS of Fréjus under the SIREN number 979 923 240, whose registered office is located Z.I. LES FERRIÈRES, rue du Liège au Muy (83490) represented by Mrs. Christelle SCHEURA as president,
Phone: +33 4 94 45 29 70
E-mail: contact [at] k-eyes.com
Below called "K-Eyes"
And
Any natural person who acts on a particular basis or as a representative of a legal person visiting or performing, via the site www.k-eyes.com ownership of K-Eyes, a purchase of products from the website www.k-eyes. com
Below "customer"
Any order made on the website www.k-eyes.com supposes the prior consultation and acceptance of these General Conditions.
The www.k-eyes.com site being a distance space, the customer acknowledges being perfectly informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.
The Customer is invited to record and print these general conditions of sale, which are proof between the parties.
The Customer declares to be an adult and to have full legal capacity allowing him to engage in respect of these general conditions and thus take out contracts in French law.
1. OBJECT
The purpose of these General Conditions is to define the rights and obligations of the parties as part of the distance selling of the goods offered within the website www.k-eyes.com, since placing the order to after-sales services and guarantees, including payment and delivery.
2 - Modification of GTC
The version of the general conditions of sale enforceable against the user is that appearing on the site at the time of the validation of the order by the Customer or its connection to this Site.
The different versions of the general conditions of sale are kept by K-Eyes.
The general conditions of sale are likely to be modified or deleted at any time by the publisher of the site or its agent.
3 - Site unavailability
The website www.k-eyes.com or access to one or more services within the site such as the online sales space may, without notice or compensation, be closed temporarily or definitively, without A surfer can claim any compensation.
4 - Products
4.1 Availability
The products offered for sale by K-Eyes, namely readings glasses, sunglasses with or without correction, optical frames and various accessories, are those appearing on the site www.k-eyes.com at time of customer consultation on the site.
The products are offered within the limits of available stocks. Although the stock hold is displayed in real time on the site www.k-eyes.com, a product may be lacking (inventory or other). Under these conditions, K-Eyes undertakes to inform the customer as soon as possible from the order.
In this case, K-Eyes may, in accordance with the customer, program a new delivery date according to its restocking. In the absence of agreement or the impossibility of having the product ordered, K-Eyes will reimburse the sums paid by the Customer within a maximum of 10 days, without the latter being able to claim any compensation.
4.2 Information and guarantees
The greatest care is taken to put online, prior to placing the order, of information relating in particular to the essential characteristics of the products put up for sale, to the methods of payment and delivery. However, minimal variations in the representation of the product and not relating to the essential characteristics can be present. These variations cannot in any case engage the contractual responsibility of K-Eyes.
An online reading test is made available to the Customer on each product sheet concerning the "Reading glasses" category, during the prior order for ordering. The purpose of this test is not to replace an ophthalmological examination and cannot engage the responsibility of K-EYES for an unsuitable use by the customer.
The information put online on the site www.k-eyes.com in no way exempt the customer to read any other information attached to the product or scope on the product or its packaging (description, precautions for use, conditions of cleaning…).
A damaged or modified product should not be used (large scratches, etc.).
4.3 Use of goods
The Customer undertakes to use the products in accordance with their destination and to respect the userred notices of the products for the consistent use of these.
K-EYES cannot be held responsible for the improper use of products, especially for use other than that planned.
5 - Price
The prices relating to the order of products are indicated on the K-Eyes website dedicated for this purpose.
The prices are displayed in euros and by HT (VAT 20%) or including tax depending on the countries of provenance of Internet users and their customer, professional or individual group. The mention HT or TTC is referred to during the command summary.
These prices do not take into account, unless otherwise mentions, shipping costs, which will be indicated in addition to the price during the ordering stage and before the customer confirms his order.
When confirmation by e-mail of the customer's order, delivery costs may be added to the price of the products. They are calculated as follows: the price is calculated according to the country and the weight and/or amount of the order.
The customer must pay, under his own responsibility, any other tax, customs or import law, specific to the country of delivery.
Product prices do not include communication costs related to the use of online sales service, which remain the responsibility of the customer.
K-EYES reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of registering the order.
6 - Order
6.1 Order taking
In order to order, the customer can select one or more objects and add them to their basket. The reading glasses selection process includes an additional step, the selection of the dioptrie, necessary for the validation of the order.
The order taking includes the following steps:
- Step 1: Fill your basket.
- Step 2: The information communicated by the Customer as part of the opening of his customer account or during each of his orders must be complete, exact and up to date. Otherwise, K-Eyes will not be able to execute the orders. If the customer does not wish to communicate such information, K-Eyes will not be able to respond favorably to his order.
- Step 3: Consulting the general conditions of sale.
- Step 4: Acceptance of all the general conditions of sale by checking the box "I accept the general conditions of sale".
- Step 5: Validation of the command by clicking on the "Validate my order" button.
The customer receives a summary of receipt of his order by e-mail.
Any order made by the Customer via the aforementioned steps constitutes an irrevocable acceptance of the general conditions.
6.2 Validity of the offer
Any order will be honored within the limits of available stocks.
The geographical area for the cover of the offer and delivery is the whole world with the exception of countries struck by commercial embargo or falling under special provisions in terms of customs regulations.
Everything and/or reduction code cannot be combined on promotional operations. Likewise, several reduction codes cannot be accumulated on the same order.
All items in the small price category and flash sales and sales periods are taken up and refundable (excluding shipping costs) but non -exchangeable. In the event of product defects upon receipt, the customer must contact customer service by clicking here so that a solution is provided to him.
6.3 Confirmation of the order
In accordance with the applicable regulations, contractual information will be confirmed when the time comes and at the latest at the time of delivery, by e-mail to the address indicated by the customer on the order form.
This confirmation email will include the following information:
- identification of the order number;
- Product description;
- the total amount of the order (price and shipping costs);
- The recall of the conditions for securing payment.
It is up to the customer, under his responsibility, to keep the contractual information on the support of his choice.
K-EYES reserves the right not to confirm the order, in particular in the event of refusal of payment authorization, erroneous address or any other problem on the user's account. In this case, K-Eyes will inform the customer by email.
The order only becomes final after:
- Payment for the entire price by the Customer;
-Verification of the availability of the product by K-EYES as soon as possible from the sending of the email accusing receipt of the said order to the customer.
For the placing of orders, working hours are from Monday to Friday from 8 a.m. to 5 p.m. (French time).
The order can be canceled within 5 minutes of order confirmation and only during working hours by sending an email to customer service by clicking here. Any recorded order cannot be modified.
7 - Payment
7.1 Payment methods
Payment is made online by bank card either via Paypal or via the secure payline payment platform. The invoice is available from your customer account, in the Historic Order tab.
The order is only final when it was confirmed by the price payment by the buyer. Any order not paid within 10 days of the ordering will be automatically canceled.
For bank card payments made on its site, K-Eyes uses the secure 3D Secure Payline payment service. All the information transmitted from the site www.k-eyes.com to the payment system is systematically encrypted to ensure their confidentiality.
7.2 Failure to pay
In the case of a defect in payment of the price not justified by a legitimate reason, K-Eyes is entitled to claim you of delay interest calculated on the basis of the legal rate in force increased by three points applicable from the date of the date payment of payment.
In the event of litigation (collection cabinet, lawyer or bunker) and after a simple letter, the claims of K-Eyes with regard to professionals will be increased by 40 euros as a lump sum recovery and this, without prejudice of a complaint of these costs to the real.
7.3 Reserve of ownership
The delivered product remains the property of K-EYES until the full and effective payment of the price by the customer. Failure to pay may result in the claim of the product by K-Eyes.
The transfer of the risks of loss or deterioration 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 - Delivery conditions and deadlines
8.1 Delivery times
The products ordered by the Customer will be delivered within a maximum of 15 days from the order confirmation and its payment.
In the event of unavailability of the product, K-EYES undertakes to inform the customer as soon as possible so that the customer can be reimbursed without delay and at the latest within 14 days of payment of the sums he paid.
In the event of a foreseeable extension of the delivery period, K-EYES undertakes to inform the Customer as soon as possible so that the latter can then choose the maintenance or the total or partial cancellation of his order.
The responsibility of K-EYES cannot be questioned and held responsible for the consequences of all events escaping its will, in particular cases of force majeure or fortuitous cases, which would tend to delay or prevent the delivery of the ordered product.
In the event of non-compliance with the period mentioned in 7 days, the Customer may cancel their order by sending a registered letter with acknowledgment of receipt to the registered office indicated at the top of these General Conditions. The cancellation will only be taken into account by K-EYES if the shipment or delivery has not occurred between sending and receiving the said 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 the carrier and guarantees the right delivery of products.
8.2 Delivery control
The delivery of the order is made at the address indicated by the Customer.
K-EYES guarantees the compliance of the product delivered to the essential characteristics described on the site www.k-eyes.com for use in accordance with its destination.
The customer is required to check the condition of the packaging and the compliance of the product delivered, and to issue any reserve, if necessary, on the carrier's delivery slip.
In case of :
- Apparent vice
The Customer undertakes to check the compliance of the product when ordering during delivery. Any delivery error in relation to the order or apparent defect must be subject to a complaint, within 14 clear days from delivery. After this period, the product will be deemed received by the Customer, who will no longer be able to take advantage of a delivery error or an apparent defect. After agreement of the two parties, the refund will be made within 14 days or referring the product will be made within 30 days.
Once the manufacturing defect has been confirmed, the return of its product or the reimbursement of it will be made within 14 days. This is only valid in the event of a manufacturing defect, not in case of poor product maintenance.
- damage and partial losses
In accordance with article L 133-3 of the Commercial Code, the reception of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not included on public holidays, which follow that of this reception, the recipient did not notify the carrier, by registered letter, his motivated protest.
Complaints related to the transport of products must therefore be focused on the transport document, then confirmed to the carrier and the publisher by registered letter with request for acknowledgment of receipt within three free days from the receipt of products barely foreclosure of reservations and complaints.
- return to sender
In the event that the customer made an error by entering his postal address, refused the package or did not recover it - at the end of the period initially announced by the sender - from his post office within 15 days Depending on the passage of the factor and the package is therefore returned to sender, the customer must contact customer service by clicking here.
Two solutions will be offered to him:
1) The Customer wishes to receive the order again and communicates to K-EYES an exact and complete address. Relaying costs are the responsibility of the customer;
2) The Customer can also request the refund of his order, however return costs and other taxes will remain at his expense.
For foreign customers outside Europe, K-Eyes reserves the right to request the reimbursement of shipping costs and customs taxes generated in the event of return of the package in its premises, in addition to the reimbursement of initial shipping costs.
8.3 Carrier
The choice of the carrier belongs to K-Eyes. Packages are oversized and protected.
9 - Guarantee
9.1 Warranty of hidden defects
K-Eyes is required to comply with the legal guarantee of hidden defects, within the meaning of article 1641 of the Civil Code which provides: "The seller is held from the guarantee for the hidden defects of the thing which makes it unfit for the use of which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ”
In all cases K-Eyes cannot be held responsible for the improper use of the product by the customer, the normal wear of the product, a lack of maintenance.
9.2 Non-compliance
In the event of non-compliance of the product delivered, the customer must inform K-Eyes customer service by clicking here, clearly registering the non-compliance noted.
In agreement with article 1648 of the Civil Code, the customer has 2 years from the day he takes possession of the product to implement the guarantee of conformity.
9.3.1 If the defect appears within 6 months of the purchase
If the product defect appears within 6 months of the purchase, it is presumed to exist on the day of the acquisition.
9.3.2 If the defect appears more than 6 months after purchase
If the defect appears more than 6 months after purchase, the customer can only benefit from the guarantee of conformity if he provides proof that the defect existed on the day of the purchase.
To this end, the customer may present any document likely to attest the non-compliance of the product.
9.3.3 Taking into account the customer's request
K-EYES undertakes, with regard to the customer's request, to exchange or reimburse the product to the customer, provided that it is returned to its original packaging. In the event of a manifest cost difference between the two options, K-Eyes will opt for the cheapest solution. When you return due to default, K-Eyes reimburses shipping costs on presentation of the corresponding supporting documents and in any event according to the rates in force. The reimbursement is pro rata of the price of the product on the entire order.
Provided that the customer consents to it, K-Eyes will be able to offer him a credit in place of the exchange or reimbursement.
The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 11.
10 - Sponsorship and vouchers
Access to www.k-eyes.com can be carried out via the sponsorship service, this being reserved for a limited social network of the member (friends and relatives).
The sponsorship allows the customer to benefit from vouchers, usable on the site and credits 21 days after the first order of the godchildren, subject to non-annilation of their order. The vouchers worth 5 € are non-cumulative and valid for one year for an order greater than 50 €.
The vouchers are available in the customer account and in the "sponsorship" section. The latter are non-cumulative between them and subject to a minimum amount of order, unless otherwise indicated in the origin of the good.
They will in no case be subject to a monetary refund and form a full payment method.
The company www.k-eyes.com reserves the right to temporarily increase the value of the voucher and to return to the initial value of € 5 without prior informing the members.
The increase in the value of the voucher does not change the conditions of allocation and use mentioned above.
In the event that the company K-eyes.com would note serious irregularities in using a member of its vouchers and/or sponsorship system, it could then take all useful measures in order to stop these Irregularities, namely the suspension of access to the site or the exclusion of the member.
11 - Right of withdrawal
Pursuant to article L 121-20-1 and following of the Consumer Code, the Customer has a withdrawal period of fourteen days from the date of receipt of the order.
If the customer uses this right of withdrawal, the return of the product must be carried out in its original packaging, in a state in accordance with that initially received, the article must not have been carried, nor damaged, without excessive manipulation (stripes on the glasses, absence of significant deterioration of the packaging), at the latest within 14 days from the date of receipt of the order and accompanied by all the possible accessories and notices and the indication of the invoice to which the products relate.
A product having undergone depreciation following excessive manipulations (in particular damaged, damaged, incomplete incomplete, worn, without labeling, etc.) cannot be taken up, nor reimbursed. The return costs are offered to the customer for mainland France only.
Customers abroad will return at their expense and will also pay them all customs taxes.
Any article in promotion such as flash sales, sales or coming from the small price section does not have the free return.
In the event of the exercise of the right of withdrawal, in accordance with the attachment form attached in appendix 1, the customer may request the refund of his order.
Consequently, K-EYES undertakes to reimburse the customer within a maximum period of 14 days from the effective return of the product. K-EYES reserves the choice of reimbursement method, by transfer (the customer must then provide his IBAN), by check or by PayPal.
Any return of products must be subject to a request made to our customer service via the contact form or by telephone as specified at the top of the present.
12 - Personal data protection
The information which is requested, in particular by via the forms, is necessary for the processing of the order and will be communicated to the service provider (s) in charge of the completion of the order, in particular the carrier and/or any competent authority for the payment a dispute between K-Eyes and a client. They can also be used to better know the customer and adapt the K-EYES offer to the needs of the customer.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the website has been the subject of a receipt declaration n ° 1888262 v 0 with the National Commission for Data Protection (CNIL). The Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, the customer must send an email to the K-EYES customer service to the email or postal address indicated at the top of these General Conditions.
13 - Intellectual property
The elements belonging to K-Eyes, such as the website, the brands, the games, the drawings, the models, the images, the sound clips and the videos, the texts, the photos, the logo, the graphic charter, without That this list is not exhaustive, are the exclusive property of K-Eyes.
These General Conditions have no sale of any kind of intellectual property rights on the elements belonging to K-Eyes for the benefit of the customer.
K-EYES grants you a right of access to the site on a non-exclusive, personal, non-transmitted basis and for use which comply with the conditions defined within these. Any other use constitutes counterfeit and penalty penalty under intellectual property.
The customer refrains from undermining, directly or indirectly, the right of property of K-Eyes and refrains from exploiting in any way, names, brands, logos. The Customer undertakes to respect all of the rights of K-Eyes and refrains from arouing any analogy in the mind of the public at any end whatsoever.
Bonds of the hypertext type to the home page of the site www.k-eyes.com or any other page must systematically be the subject of an authorization request and must be removed at simple request from K-Eyes.
The K-Eyes® house has no direct or indirect bond with the company Kleyes.
14 - Mentions relating to the collection of "cookies"
In order to allow the Internet user optimal navigation on the K-Eyes site as well as better operation of the various interfaces and applications, the publisher may carry out a cookie on the user's computer position . This cookie makes it possible to store information relating to navigation on the site (date, page, hours), as well as to the possible data entered by Internet users during their visit (research, login, email, password).
These cookies are intended to be kept on the Internet user's computer position for a variable duration, and can be read and used by the publisher during a later visit to the Internet user on this site. The user has the possibility of blocking, modifying the shelf life, or deleting this cookie via the interface of their browser (generally: tools or options / private life or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this dysfunction cannot in any case constitute damage to the Internet user who will not be able to claim any compensation for this reason.
15 - Responsibility
K-EYES cannot be held responsible for the non-performance of his obligations due to a fortuitous case and/or case of force majeure in the sense generally accepted by the law and the French courts or for causes escaping his control.
In any event, K-Eyes responsibility is limited to the price of the product sold unless otherwise imperative.
Furthermore, K-Eyes cannot be held responsible to the extent permitted by the regulations in force of direct or indirect direct damage which may result from access to the Site or inappropriate use of products within the meaning of the article "Products" especially when these products contain use restrictions.
It is also recalled that the hypertext links arranged on www.k-eyes.com can refer to other sites whose content remains under the sole responsibility of operators and holders of these sites.
16 - force majeure / fortuitous case
Expressly, are considered as force majeure or fortuitous cases, those usually retained by the case law of French courses and courts.
The execution by K-Eyes of all or part of its obligations will be suspended in the event of a fortuitous case or force majeure which would embarrass or delay its execution.
K-EYES will inform the customer of a similar fortuitous or force majeure in the 14 days of his occurrence. In the event that this suspension continues beyond a period of 15 days, the customer would then have the possibility of terminating the current order, and it would then be reimbursed under the conditions set out above above
17 - Integrality
In the event that one of the clauses of this contract is zero and not avenue by a change in legislation, regulation or by a court decision, this cannot in any case affect the validity and compliance with the rest of these conditions general sales.
18 - Duration
These conditions apply throughout the duration of putting the services offered by K-Eyes online.
19 - Proof
The computerized registers, kept on the servers of K-Eyes or on those of its hosts, will be considered, unless proven otherwise as the evidence of communications, orders and payments between the parties.
20 - Applicable law
These conditions are subject to French law. This is the case for the substantive rules as for the rules of form.
In no case does K-Eyes give a guarantee of compliance with local legislation which would be applicable as soon as an internet user accesses the site from another country.
In the event of a dispute, the dispute will, in the absence of an amicable agreement, of the exclusive jurisdiction of the competent French court for a dispute between K-Eyes to a non-professional and the Commercial Court of Fréjus for a dispute with a professional.
Annex 1 withdrawal form
Pursuant to article L 121-20-1 and according to the consumer code, the non-professional customer has a withdrawal period of fourteen days from the date of receipt of the order.
I, the undersigned, sir/ madam/ [to be informed], informs you use my right of withdrawal for the order n ° [to be informed] placed on your website.
I ask you as such to be able to reimburse the sums paid during this order, except the shipping costs and the return costs incurred, within a maximum of 14 days after the effective return of the said product ordered .
I also undertake to return the product ordered to you at my expense within 14 days on account of the date of exercise of my right of withdrawal in compliance with the provisions of article 11 of the GTC, namely a product Having not suffered from depreciation.
Made in …..
THE ….
These general conditions of sale apply between:
K-EYES, simplified joint stock company with a capital of 10,000 euros. Registered with the RCS of Fréjus under the SIREN number 979 923 240, whose registered office is located Z.I. LES FERRIÈRES, rue du Liège au Muy (83490) represented by Mrs. Christelle SCHEURA as president,
Phone: +33 4 94 45 29 70
E-mail: contact [at] k-eyes.com
Below called "K-Eyes"
And
Any natural person who acts on a particular basis or as a representative of a legal person visiting or performing, via the site www.k-eyes.com ownership of K-Eyes, a purchase of products from the website www.k-eyes. com
Below "customer"
Any order made on the website www.k-eyes.com supposes the prior consultation and acceptance of these General Conditions.
The www.k-eyes.com site being a distance space, the customer acknowledges being perfectly informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.
The Customer is invited to record and print these general conditions of sale, which are proof between the parties.
The Customer declares to be an adult and to have full legal capacity allowing him to engage in respect of these general conditions and thus take out contracts in French law.
1. OBJECT
The purpose of these General Conditions is to define the rights and obligations of the parties as part of the distance selling of the goods offered within the website www.k-eyes.com, since placing the order to after-sales services and guarantees, including payment and delivery.
2 - Modification of GTC
The version of the general conditions of sale enforceable against the user is that appearing on the site at the time of the validation of the order by the Customer or its connection to this Site.
The different versions of the general conditions of sale are kept by K-Eyes.
The general conditions of sale are likely to be modified or deleted at any time by the publisher of the site or its agent.
3 - Site unavailability
The website www.k-eyes.com or access to one or more services within the site such as the online sales space may, without notice or compensation, be closed temporarily or definitively, without A surfer can claim any compensation.
4 - Products
4.1 Availability
The products offered for sale by K-Eyes, namely readings glasses, sunglasses with or without correction, optical frames and various accessories, are those appearing on the site www.k-eyes.com at time of customer consultation on the site.
The products are offered within the limits of available stocks. Although the stock hold is displayed in real time on the site www.k-eyes.com, a product may be lacking (inventory or other). Under these conditions, K-Eyes undertakes to inform the customer as soon as possible from the order.
In this case, K-Eyes may, in accordance with the customer, program a new delivery date according to its restocking. In the absence of agreement or the impossibility of having the product ordered, K-Eyes will reimburse the sums paid by the Customer within a maximum of 10 days, without the latter being able to claim any compensation.
4.2 Information and guarantees
The greatest care is taken to put online, prior to placing the order, of information relating in particular to the essential characteristics of the products put up for sale, to the methods of payment and delivery. However, minimal variations in the representation of the product and not relating to the essential characteristics can be present. These variations cannot in any case engage the contractual responsibility of K-Eyes.
An online reading test is made available to the Customer on each product sheet concerning the "Reading glasses" category, during the prior order for ordering. The purpose of this test is not to replace an ophthalmological examination and cannot engage the responsibility of K-EYES for an unsuitable use by the customer.
The information put online on the site www.k-eyes.com in no way exempt the customer to read any other information attached to the product or scope on the product or its packaging (description, precautions for use, conditions of cleaning…).
A damaged or modified product should not be used (large scratches, etc.).
4.3 Use of goods
The Customer undertakes to use the products in accordance with their destination and to respect the userred notices of the products for the consistent use of these.
K-EYES cannot be held responsible for the improper use of products, especially for use other than that planned.
5 - Price
The prices relating to the order of products are indicated on the K-Eyes website dedicated for this purpose.
The prices are displayed in euros and by HT (VAT 20%) or including tax depending on the countries of provenance of Internet users and their customer, professional or individual group. The mention HT or TTC is referred to during the command summary.
These prices do not take into account, unless otherwise mentions, shipping costs, which will be indicated in addition to the price during the ordering stage and before the customer confirms his order.
When confirmation by e-mail of the customer's order, delivery costs may be added to the price of the products. They are calculated as follows: the price is calculated according to the country and the weight and/or amount of the order.
The customer must pay, under his own responsibility, any other tax, customs or import law, specific to the country of delivery.
Product prices do not include communication costs related to the use of online sales service, which remain the responsibility of the customer.
K-EYES reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of registering the order.
6 - Order
6.1 Order taking
In order to order, the customer can select one or more objects and add them to their basket. The reading glasses selection process includes an additional step, the selection of the dioptrie, necessary for the validation of the order.
The order taking includes the following steps:
- Step 1: Fill your basket.
- Step 2: The information communicated by the Customer as part of the opening of his customer account or during each of his orders must be complete, exact and up to date. Otherwise, K-Eyes will not be able to execute the orders. If the customer does not wish to communicate such information, K-Eyes will not be able to respond favorably to his order.
- Step 3: Consulting the general conditions of sale.
- Step 4: Acceptance of all the general conditions of sale by checking the box "I accept the general conditions of sale".
- Step 5: Validation of the command by clicking on the "Validate my order" button.
The customer receives a summary of receipt of his order by e-mail.
Any order made by the Customer via the aforementioned steps constitutes an irrevocable acceptance of the general conditions.
6.2 Validity of the offer
Any order will be honored within the limits of available stocks.
The geographical area for the cover of the offer and delivery is the whole world with the exception of countries struck by commercial embargo or falling under special provisions in terms of customs regulations.
Everything and/or reduction code cannot be combined on promotional operations. Likewise, several reduction codes cannot be accumulated on the same order.
All items in the small price category and flash sales and sales periods are taken up and refundable (excluding shipping costs) but non -exchangeable. In the event of product defects upon receipt, the customer must contact customer service by clicking here so that a solution is provided to him.
6.3 Confirmation of the order
In accordance with the applicable regulations, contractual information will be confirmed when the time comes and at the latest at the time of delivery, by e-mail to the address indicated by the customer on the order form.
This confirmation email will include the following information:
- identification of the order number;
- Product description;
- the total amount of the order (price and shipping costs);
- The recall of the conditions for securing payment.
It is up to the customer, under his responsibility, to keep the contractual information on the support of his choice.
K-EYES reserves the right not to confirm the order, in particular in the event of refusal of payment authorization, erroneous address or any other problem on the user's account. In this case, K-Eyes will inform the customer by email.
The order only becomes final after:
- Payment for the entire price by the Customer;
-Verification of the availability of the product by K-EYES as soon as possible from the sending of the email accusing receipt of the said order to the customer.
For the placing of orders, working hours are from Monday to Friday from 8 a.m. to 5 p.m. (French time).
The order can be canceled within 5 minutes of order confirmation and only during working hours by sending an email to customer service by clicking here. Any recorded order cannot be modified.
7 - Payment
7.1 Payment methods
Payment is made online by bank card either via Paypal or via the secure payline payment platform. The invoice is available from your customer account, in the Historic Order tab.
The order is only final when it was confirmed by the price payment by the buyer. Any order not paid within 10 days of the ordering will be automatically canceled.
For bank card payments made on its site, K-Eyes uses the secure 3D Secure Payline payment service. All the information transmitted from the site www.k-eyes.com to the payment system is systematically encrypted to ensure their confidentiality.
7.2 Failure to pay
In the case of a defect in payment of the price not justified by a legitimate reason, K-Eyes is entitled to claim you of delay interest calculated on the basis of the legal rate in force increased by three points applicable from the date of the date payment of payment.
In the event of litigation (collection cabinet, lawyer or bunker) and after a simple letter, the claims of K-Eyes with regard to professionals will be increased by 40 euros as a lump sum recovery and this, without prejudice of a complaint of these costs to the real.
7.3 Reserve of ownership
The delivered product remains the property of K-EYES until the full and effective payment of the price by the customer. Failure to pay may result in the claim of the product by K-Eyes.
The transfer of the risks of loss or deterioration 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 - Delivery conditions and deadlines
8.1 Delivery times
The products ordered by the Customer will be delivered within a maximum of 15 days from the order confirmation and its payment.
In the event of unavailability of the product, K-EYES undertakes to inform the customer as soon as possible so that the customer can be reimbursed without delay and at the latest within 14 days of payment of the sums he paid.
In the event of a foreseeable extension of the delivery period, K-EYES undertakes to inform the Customer as soon as possible so that the latter can then choose the maintenance or the total or partial cancellation of his order.
The responsibility of K-EYES cannot be questioned and held responsible for the consequences of all events escaping its will, in particular cases of force majeure or fortuitous cases, which would tend to delay or prevent the delivery of the ordered product.
In the event of non-compliance with the period mentioned in 7 days, the Customer may cancel their order by sending a registered letter with acknowledgment of receipt to the registered office indicated at the top of these General Conditions. The cancellation will only be taken into account by K-EYES if the shipment or delivery has not occurred between sending and receiving the said 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 the carrier and guarantees the right delivery of products.
8.2 Delivery control
The delivery of the order is made at the address indicated by the Customer.
K-EYES guarantees the compliance of the product delivered to the essential characteristics described on the site www.k-eyes.com for use in accordance with its destination.
The customer is required to check the condition of the packaging and the compliance of the product delivered, and to issue any reserve, if necessary, on the carrier's delivery slip.
In case of :
- Apparent vice
The Customer undertakes to check the compliance of the product when ordering during delivery. Any delivery error in relation to the order or apparent defect must be subject to a complaint, within 14 clear days from delivery. After this period, the product will be deemed received by the Customer, who will no longer be able to take advantage of a delivery error or an apparent defect. After agreement of the two parties, the refund will be made within 14 days or referring the product will be made within 30 days.
Once the manufacturing defect has been confirmed, the return of its product or the reimbursement of it will be made within 14 days. This is only valid in the event of a manufacturing defect, not in case of poor product maintenance.
- damage and partial losses
In accordance with article L 133-3 of the Commercial Code, the reception of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not included on public holidays, which follow that of this reception, the recipient did not notify the carrier, by registered letter, his motivated protest.
Complaints related to the transport of products must therefore be focused on the transport document, then confirmed to the carrier and the publisher by registered letter with request for acknowledgment of receipt within three free days from the receipt of products barely foreclosure of reservations and complaints.
- return to sender
In the event that the customer made an error by entering his postal address, refused the package or did not recover it - at the end of the period initially announced by the sender - from his post office within 15 days Depending on the passage of the factor and the package is therefore returned to sender, the customer must contact customer service by clicking here.
Two solutions will be offered to him:
1) The Customer wishes to receive the order again and communicates to K-EYES an exact and complete address. Relaying costs are the responsibility of the customer;
2) The Customer can also request the refund of his order, however return costs and other taxes will remain at his expense.
For foreign customers outside Europe, K-Eyes reserves the right to request the reimbursement of shipping costs and customs taxes generated in the event of return of the package in its premises, in addition to the reimbursement of initial shipping costs.
8.3 Carrier
The choice of the carrier belongs to K-Eyes. Packages are oversized and protected.
9 - Guarantee
9.1 Warranty of hidden defects
K-Eyes is required to comply with the legal guarantee of hidden defects, within the meaning of article 1641 of the Civil Code which provides: "The seller is held from the guarantee for the hidden defects of the thing which makes it unfit for the use of which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ”
In all cases K-Eyes cannot be held responsible for the improper use of the product by the customer, the normal wear of the product, a lack of maintenance.
9.2 Non-compliance
In the event of non-compliance of the product delivered, the customer must inform K-Eyes customer service by clicking here, clearly registering the non-compliance noted.
In agreement with article 1648 of the Civil Code, the customer has 2 years from the day he takes possession of the product to implement the guarantee of conformity.
9.3.1 If the defect appears within 6 months of the purchase
If the product defect appears within 6 months of the purchase, it is presumed to exist on the day of the acquisition.
9.3.2 If the defect appears more than 6 months after purchase
If the defect appears more than 6 months after purchase, the customer can only benefit from the guarantee of conformity if he provides proof that the defect existed on the day of the purchase.
To this end, the customer may present any document likely to attest the non-compliance of the product.
9.3.3 Taking into account the customer's request
K-EYES undertakes, with regard to the customer's request, to exchange or reimburse the product to the customer, provided that it is returned to its original packaging. In the event of a manifest cost difference between the two options, K-Eyes will opt for the cheapest solution. When you return due to default, K-Eyes reimburses shipping costs on presentation of the corresponding supporting documents and in any event according to the rates in force. The reimbursement is pro rata of the price of the product on the entire order.
Provided that the customer consents to it, K-Eyes will be able to offer him a credit in place of the exchange or reimbursement.
The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 11.
10 - Sponsorship and vouchers
Access to www.k-eyes.com can be carried out via the sponsorship service, this being reserved for a limited social network of the member (friends and relatives).
The sponsorship allows the customer to benefit from vouchers, usable on the site and credits 21 days after the first order of the godchildren, subject to non-annilation of their order. The vouchers worth 5 € are non-cumulative and valid for one year for an order greater than 50 €.
The vouchers are available in the customer account and in the "sponsorship" section. The latter are non-cumulative between them and subject to a minimum amount of order, unless otherwise indicated in the origin of the good.
They will in no case be subject to a monetary refund and form a full payment method.
The company www.k-eyes.com reserves the right to temporarily increase the value of the voucher and to return to the initial value of € 5 without prior informing the members.
The increase in the value of the voucher does not change the conditions of allocation and use mentioned above.
In the event that the company K-eyes.com would note serious irregularities in using a member of its vouchers and/or sponsorship system, it could then take all useful measures in order to stop these Irregularities, namely the suspension of access to the site or the exclusion of the member.
11 - Right of withdrawal
Pursuant to article L 121-20-1 and following of the Consumer Code, the Customer has a withdrawal period of fourteen days from the date of receipt of the order.
If the customer uses this right of withdrawal, the return of the product must be carried out in its original packaging, in a state in accordance with that initially received, the article must not have been carried, nor damaged, without excessive manipulation (stripes on the glasses, absence of significant deterioration of the packaging), at the latest within 14 days from the date of receipt of the order and accompanied by all the possible accessories and notices and the indication of the invoice to which the products relate.
A product having undergone depreciation following excessive manipulations (in particular damaged, damaged, incomplete incomplete, worn, without labeling, etc.) cannot be taken up, nor reimbursed. The return costs are offered to the customer for mainland France only.
Customers abroad will return at their expense and will also pay them all customs taxes.
Any article in promotion such as flash sales, sales or coming from the small price section does not have the free return.
In the event of the exercise of the right of withdrawal, in accordance with the attachment form attached in appendix 1, the customer may request the refund of his order.
Consequently, K-EYES undertakes to reimburse the customer within a maximum period of 14 days from the effective return of the product. K-EYES reserves the choice of reimbursement method, by transfer (the customer must then provide his IBAN), by check or by PayPal.
Any return of products must be subject to a request made to our customer service via the contact form or by telephone as specified at the top of the present.
12 - Personal data protection
The information which is requested, in particular by via the forms, is necessary for the processing of the order and will be communicated to the service provider (s) in charge of the completion of the order, in particular the carrier and/or any competent authority for the payment a dispute between K-Eyes and a client. They can also be used to better know the customer and adapt the K-EYES offer to the needs of the customer.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the website has been the subject of a receipt declaration n ° 1888262 v 0 with the National Commission for Data Protection (CNIL). The Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, the customer must send an email to the K-EYES customer service to the email or postal address indicated at the top of these General Conditions.
13 - Intellectual property
The elements belonging to K-Eyes, such as the website, the brands, the games, the drawings, the models, the images, the sound clips and the videos, the texts, the photos, the logo, the graphic charter, without That this list is not exhaustive, are the exclusive property of K-Eyes.
These General Conditions have no sale of any kind of intellectual property rights on the elements belonging to K-Eyes for the benefit of the customer.
K-EYES grants you a right of access to the site on a non-exclusive, personal, non-transmitted basis and for use which comply with the conditions defined within these. Any other use constitutes counterfeit and penalty penalty under intellectual property.
The customer refrains from undermining, directly or indirectly, the right of property of K-Eyes and refrains from exploiting in any way, names, brands, logos. The Customer undertakes to respect all of the rights of K-Eyes and refrains from arouing any analogy in the mind of the public at any end whatsoever.
Bonds of the hypertext type to the home page of the site www.k-eyes.com or any other page must systematically be the subject of an authorization request and must be removed at simple request from K-Eyes.
The K-Eyes® house has no direct or indirect bond with the company Kleyes.
14 - Mentions relating to the collection of "cookies"
In order to allow the Internet user optimal navigation on the K-Eyes site as well as better operation of the various interfaces and applications, the publisher may carry out a cookie on the user's computer position . This cookie makes it possible to store information relating to navigation on the site (date, page, hours), as well as to the possible data entered by Internet users during their visit (research, login, email, password).
These cookies are intended to be kept on the Internet user's computer position for a variable duration, and can be read and used by the publisher during a later visit to the Internet user on this site. The user has the possibility of blocking, modifying the shelf life, or deleting this cookie via the interface of their browser (generally: tools or options / private life or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this dysfunction cannot in any case constitute damage to the Internet user who will not be able to claim any compensation for this reason.
15 - Responsibility
K-EYES cannot be held responsible for the non-performance of his obligations due to a fortuitous case and/or case of force majeure in the sense generally accepted by the law and the French courts or for causes escaping his control.
In any event, K-Eyes responsibility is limited to the price of the product sold unless otherwise imperative.
Furthermore, K-Eyes cannot be held responsible to the extent permitted by the regulations in force of direct or indirect direct damage which may result from access to the Site or inappropriate use of products within the meaning of the article "Products" especially when these products contain use restrictions.
It is also recalled that the hypertext links arranged on www.k-eyes.com can refer to other sites whose content remains under the sole responsibility of operators and holders of these sites.
16 - force majeure / fortuitous case
Expressly, are considered as force majeure or fortuitous cases, those usually retained by the case law of French courses and courts.
The execution by K-Eyes of all or part of its obligations will be suspended in the event of a fortuitous case or force majeure which would embarrass or delay its execution.
K-EYES will inform the customer of a similar fortuitous or force majeure in the 14 days of his occurrence. In the event that this suspension continues beyond a period of 15 days, the customer would then have the possibility of terminating the current order, and it would then be reimbursed under the conditions set out above above
17 - Integrality
In the event that one of the clauses of this contract is zero and not avenue by a change in legislation, regulation or by a court decision, this cannot in any case affect the validity and compliance with the rest of these conditions general sales.
18 - Duration
These conditions apply throughout the duration of putting the services offered by K-Eyes online.
19 - Proof
The computerized registers, kept on the servers of K-Eyes or on those of its hosts, will be considered, unless proven otherwise as the evidence of communications, orders and payments between the parties.
20 - Applicable law
These conditions are subject to French law. This is the case for the substantive rules as for the rules of form.
In no case does K-Eyes give a guarantee of compliance with local legislation which would be applicable as soon as an internet user accesses the site from another country.
In the event of a dispute, the dispute will, in the absence of an amicable agreement, of the exclusive jurisdiction of the competent French court for a dispute between K-Eyes to a non-professional and the Commercial Court of Fréjus for a dispute with a professional.
Annex 1 withdrawal form
Pursuant to article L 121-20-1 and according to the consumer code, the non-professional customer has a withdrawal period of fourteen days from the date of receipt of the order.
I, the undersigned, sir/ madam/ [to be informed], informs you use my right of withdrawal for the order n ° [to be informed] placed on your website.
I ask you as such to be able to reimburse the sums paid during this order, except the shipping costs and the return costs incurred, within a maximum of 14 days after the effective return of the said product ordered .
I also undertake to return the product ordered to you at my expense within 14 days on account of the date of exercise of my right of withdrawal in compliance with the provisions of article 11 of the GTC, namely a product Having not suffered from depreciation.
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