Terms and Conditions

These General Terms and Conditions of Sale cancel and replace all previous terms and conditions.

  1. Application of the General Terms and Conditions of Sale

1.1 The General Terms and Conditions of Sale, which appear in particular on LOOK VISION's commercial documents, are provided to any buyer wishing to place an order with LOOK VISION. They apply to all sales and/or deliveries made by LOOK VISION

1.2. Any order implies the buyer's full and unreserved acceptance of the Sales conditions, which prevail over all documents such as prospectuses and catalogues, emanating from LOOK VISION, which have only an indicative value, as well as, where applicable, over any contrary stipulations emanating from the buyer.

1.3. The fact that LOOK VISION does not invoke one of the General Terms and Conditions of Sale at any given time cannot be interpreted as a waiver of its right to invoke it subsequently.

  1. Orders

Orders are placed by the buyer and received by LOOK VISION or its representatives.

They can be made in particular by fax, email, on the website www.look-vision.com or order form and are not subject to written confirmation from LOOK VISION.

2.2 Any modification or cancellation of an order placed by the buyer can only be taken into consideration if this modification or cancellation is brought to the attention of LOOK VISION's sales support within 72 hours of the initial order being issued by the buyer.

  1. Deliveries

3.1 Shipping costs are charged to the buyer based on weight and volume.

3.2 The delivery times given by LOOK VISION are indicative and any delay, whatever the cause, will not give rise to damages or to the cancellation of the sale by the buyer.

3.3. Goods delivered are neither returnable nor exchangeable, unless otherwise stipulated in Articles 5 and 6 below.

  1. Receiving deliveries

4.1 Upon receipt of the delivery and within three days thereof, it is the buyer's responsibility to make all necessary observations on the condition of the goods and, where appropriate, to notify the carrier of any reservations by extrajudicial act or by registered letter with acknowledgment of receipt.

4.2. Without prejudice to any action to be taken against the carrier, claims regarding apparent defects or non-conformity of the goods delivered with the product ordered or the shipping slip must be sent by fax or email and registered letter with acknowledgment of receipt to LOOK VISION within eight days of the arrival of the goods.

4.3 It is also the buyer's responsibility to provide all justifications regarding the reality of the defects or non-conformities observed.

Furthermore, the buyer shall allow LOOK VISION every opportunity to independently verify and remedy any such defects and/or non-conformities. In any event, the buyer shall refrain from taking any action themselves or involving any third parties.

 

  1. Return of merchandise

5.1 In the event of an apparent defect or non-conformity of the goods delivered, notified under the conditions of Article 4 above and duly noted by LOOK VISION, the buyer shall benefit from a credit consisting, at
LOOK VISION's discretion, of the free replacement or refund of the goods, to the exclusion, in all cases, of any damages and interest.

5.2 All returns of goods must be subject to a prior formal agreement between LOOK VISION and the buyer. In the absence of such an agreement, the goods returned by the buyer will be held at the buyer's disposal and will not give rise to a credit note.

 Unless expressly agreed otherwise, the costs and risks associated with returning the goods remain the responsibility of the buyer.

5.3 The return of goods as part of after-sales service can only be entrusted to LOOK VISION's carrier with its express agreement.

In the absence of such an agreement, LOOK VISION reserves the right not to receive the said goods and to refuse the credit note corresponding to their value.

5.4 It is also the buyer's responsibility to provide any justification regarding the method of delivery of their shipments to LOOK VISION (non-exhaustive list: tracked parcel or letter, registered mail with acknowledgement of receipt, express courier, etc.)

In the event of a dispute or disagreement, only claims that provide proof of shipment and receipt of the goods in question will be considered admissible.

  1. Guarantee

6.1 The goods sold by LOOK VISION are guaranteed against any defect in material or workmanship.

6.2 The frames are guaranteed for 2 years from the date of purchase by the customer, except for the brands TENDANCE, TENDANCE NOUVELLE, TENDANCE SOLAIRE (guaranteed for 1 year from the date of purchase by the customer).

The warranty is excluded when the defects in the goods result from aging or normal wear and tear.

The warranty is excluded when the defect or breakage results from a lack of maintenance, abnormal use of the goods (shock, crushing, etc.), mishandling or unauthorized repairs.

The warranty does not cover scratches on sunglass lenses, oxidation or corrosion caused by chemicals (cosmetics, perfumes, etc.)

6.3 Defective parts must be returned to us within fifteen days (forty-five days for French overseas departments and territories) following receipt of the replacement part. Each returned part will be inspected to determine its eligibility for the warranty as defined in Article 6.2. Any request for spare parts or complete frames not covered by the warranty will be invoiced.

 

  1. Retention of title clause

By way of derogation from the provisions of Article 1583 of the Civil Code, the transfer of ownership of the goods delivered is subject to full payment of the price thereof. Where applicable, LOOK VISION shall assert its retention of title in the context, in particular, of the provisions of Articles 121 and 122 of Law No. 85-98 of 25 January 1985 as amended by Law No. 96-588 of 1 July 1996.

 

  1. Price

Goods are supplied at the prices in effect at the time the order is placed. Prices are exclusive of tax.

 

  1. Billing

Each invoice specifies the date by which payment must be made, as well as the legal information.

 

  1. Payment methods

Invoices are payable on the payment date indicated on the invoice by bank transfer or by check.

 

  1. Delay and defect

11.1 In the event of late payment, LOOK VISION may suspend pending orders, without prejudice to any other legal recourse. Furthermore, any invoice not paid by its due date will automatically and without prior notice, notwithstanding Article 1153 of the French Civil Code, incur late payment interest at the prevailing legal rate.

11.2 In the event of non-payment, and forty-eight hours after a formal notice to pay has been issued and remains unpaid, the sale will be automatically cancelled, at LOOK VISION's discretion. LOOK VISION may seek, through summary proceedings, the return of the goods, without prejudice to any claim for damages. This cancellation may apply not only to the order in question, but also to all previous unpaid orders, whether deliveries have been made or are in progress, and whether their payment due date has passed or not.

11.3 Any invoice not paid by the due date will incur late payment interest equal to the key rate applied by the ECB to its nearest refinancing operation + 10 points, rate applied to the amount including VAT of the invoice and will give rise to a fixed recovery fee of €40.

 

  1. Destination of the goods sold

The delivered goods may only be displayed and offered for sale to the public at the buyer's point(s) of sale, except where the buyer is operating on behalf of a group or distribution chain to which it is affiliated.

 

  1. CONTESTATION

The seller retains ownership of the goods delivered and described above until full payment of the price, including principal and interest (Law 80.335 of 12/05/80). In the event of a dispute, the Commercial Court of Pontoise shall have sole jurisdiction, even in the case of multiple defendants or third-party claims.

After the due date, any deferred payment will incur a penalty of 3 times the legal interest rate (law no. 92-142 of 31/12/92) without the need for a formal notice, and without this penalty clause (art. 1226 of the Civil Code) at 15% of invoices unpaid at their due date and this without prejudice to claims that may be made in court under art. 700 of the NC.