Terms and conditions

 

Preamble

 

The "loeildetokyo.fr" website provides Internet users with a presentation of the activity of L’ŒIL DE TOKYO, which specializes in the sale of frames and corrective / protective lenses.

Access to the site https://www.loeildetokyo.fr (hereinafter referred to as "loeildetokyo.fr"), its consultation and its use are subject to unreserved acceptance of these General Conditions of Use. These conditions are concluded between, on the one hand, the company L’ŒIL DE TOKYO and on the other hand, persons wishing to make a purchase via the website of L’ŒIL DE TOKYO (www.loeildetokyo.fr), hereinafter referred to as “Customer”.

 

1) Legal notice and scope

 

This “loeildetokyo.fr” site is edited and hosted by the company L'ŒIL DE TOKYO, a micro-enterprise with its registered office at 14 rue de l'Ancienne Comédie, 75006 Paris, registered with the RCS of Paris under number 889 110 425, whose intra-community VAT number is FR67 889110425.

The email address is: hello@loeildetokyo.fr

The Publishing Directors of "loeildetokyo.fr" are Mr. Maxence Tarnaud and Mr. Augustin Chatain, co-managers of L’ŒIL DE TOKYO.

 

2) Acceptance of the general conditions

 

The purpose of these General Conditions of Sale is, on the one hand, to inform any possible Customer of the terms and conditions under which the Company L'ŒIL DE TOKYO sells and delivers the products ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale by the company L'ŒIL DE TOKYO.
Acceptance of the GTC in the form of a click occurs when creating an account and / or order on the site and constitutes proof that the Customer has taken note of said provisions. When ordering, the Customer declares to have read these general conditions and accepted the rights and obligations relating thereto. No order is possible without this agreement. The click is indeed the electronic formulation of "yes" or acceptance.

Acceptance of these general conditions assumes that Internet users are of legal age and have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator. they are incapable.

The Customer has the option of saving and printing the T & Cs using the standard features of his browser or his computer.

The T & Cs apply to the exclusion of all other conditions, including those in effect for in-store sales.

 

3) Modification of the current General Conditions

 

L’ŒIL DE TOKYO reserves the right to modify, freely and at any time, the General Conditions of Use of "loeildetokyo.fr".

Each user connecting to "loeildetokyo.fr" is invited to regularly consult the General Conditions of Use in order to be aware of any changes. The renewed use of the site as and when these General Conditions of Use are modified constitutes the acceptance, by each user, of the General Conditions of Use in force.

 

4) Price and availability

 

4.1. Price

 

The selling prices of the products online on the loeildetokyo.fr site, are indicated according to the currency of the country in euros, all taxes included with the standard delivery costs.

(Cf Article 9 “Delivery”). Prices can be changed at any time by L’ŒIL DE TOKYO, the prices displayed are only valid on the day of the order and have no effect for the future. The prices include the value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by L’ŒIL DE TOKYO.

 

4.2. Availabilities

 

The products presented on the "loeildetokyo.fr" site are valid as long as they are announced and while stocks last. Product availability is indicated on the site.

In the event of total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible of the unavailability of the product and of the cancellation of his Order.

In the event of cancellation of the Order: The Buyer's Order will be reimbursed for the price or products not available as soon as possible and, at the latest, within thirty days from the notification of the unavailability. The refund will be made by the same means that the buyer used to pay for his order.

 

5) Order

 

By placing an order for glasses fitted with corrective lenses on the Site, the Customer certifies:

 

• be over 18 years of age, or failing that, have the authorization of a tutor or curator if they are unable.
• be in possession of a valid medical prescription for glasses fitted with corrective lenses. This prescription can be entered directly by the customer or sent in the form of a prescription to L’ŒIL DE TOKYO (to place the order). As long as L’ŒIL DE TOKYO has not received the medical prescription, delivery will be suspended.

 

In order to place an order, the Customer can select one or more products and add them to their basket. The selection process for prescription glasses consists of two additional steps and will be the subject of a quotation in summary form:

 

• Step 1: Choice of product
• Step 2: Choice of corrective or non-corrective lenses.
• Step 3: Information on the prescription (correction, pupillary distance, etc.) according to different methods. The customer declares without limitation or qualification that he has been informed that failing to provide a medical prescription of less than three years, he will not be able to benefit from reimbursements from the Health Insurance, under the usual conditions.
• Step 4: Confirmation of the basket (order interface in which the products chosen by the buyer can be found).
• Step 5: Contact details and delivery information
• Step 6: Choosing the type of delivery
• Step 7: Choice of payment method. (Cf Article 8: payment)
• Step 8: Confirmation of the order by clicking on the “Payment” button.
• Step 9: Receipt of a confirmation email within a maximum of 24 hours, edited by the company L’ŒIL DE TOKYO

L'ŒIL DE TOKYO reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default or partial payment. of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

 

6) Retention of title clause

 

The products and articles remain the property of L’ŒIL DE TOKYO until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the Customer as from their delivery.

 

7) payment

 

The Customer can place an order on the loeildetokyo.fr site and can pay by credit card. The customer guarantees that he has the necessary authorizations to use the payment method he has chosen for his Order.

 

7.1. Payment method available: Credit cards

 

The bank cards accepted on the loeildetokyo.fr Site are as follows: Carte Bleue, Visa, American Express and MasterCard. These payment cards must be issued by a banking or financial establishment located in the European Union or in Monaco.

 

7.2. Security in payment transactions

 

Payments by credit card are made through secure transactions provided by the provider Stripe. In the context of payments by credit card, L’ŒIL DE TOKYO has no access to any data relating to the user's means of payment. Payment is made directly to the bank.

In order to ensure the security of payment by bank card on the loeildetokyo.fr Site, the Customer must send the company L’ŒIL DE TOKYO the visual cryptogram (CVV) appearing on the back of the bank card used by the Customer.

 

8) Delivery

 

The products ordered by the Customer in accordance with these T & Cs will be delivered to the address indicated by the purchaser as the delivery address on the relevant Order ("Delivery address"). L’ŒIL DE TOKYO delivers to all countries of the European Union.

Delivery costs are free for all orders within the European Union.

For any other place of delivery, the delivery costs of a value of 10 euros will be invoiced in addition to the price of the products purchased by the buyer. In the event of delivery of a clearly and visibly damaged package, it is up to the customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.

The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Net surfers and cannot give rise in any way to the granting of damages from the site or from its publisher.

 

8.1. Delivery delay

 

Orders are delivered by La Poste, within a maximum period of 30 working days from the perfect receipt of the price corresponding to the consideration by the seller, if the seller has all the elements to fulfill the order. See “Order” section.

Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer when confirming the order.

 

8.2. Apparent defect

 

The customer agrees to verify the conformity of the product to his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint within 14 days of delivery. After this period, the product will be deemed to have been received by the customer, who can no longer claim a delivery error or an apparent defect.

 

8.3. Damage and partial losses

 

In accordance with Article L 133-3 of the Commercial Code, receipt of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest.

Complaints related to the transport of products must therefore be entered on the transport document, then confirmed to the carrier and to the publisher by registered letter with request for acknowledgment of receipt within three clear days from receipt of the products. foreclosure of reservations and claims.

 

9) Provisions relating to consumer rights

 

9.1. Customer service

 

The customer service of this site is accessible from Monday to Friday from 10 a.m. to 7 p.m. by e-mail at the following address hello@loeildetokyo.fr or by post at the following address: L'ŒIL DE TOKYO, 14 rue de l ' Former Comedy, 75006 PARIS. The publisher undertakes to provide a response within 5 working days.

 

9.2. Right to retract

 

In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a minimum period of 14 days from the day of receipt of the package containing the products ordered, to exercise his legal right of withdrawal without having to justify its decision. The Customer having made a purchase on the loeildetokyo.fr site will have a period of 30 days from the day of receipt of the package.

The Customer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning products, may obtain a refund for his returned order, in accordance with Article L221-24 of the Consumer Code. The reimbursement will be made according to the means of payment used for the initial transaction, unless the Customer expressly agrees for another means of reimbursement.

In accordance with the provisions of article L121-20-2 of the Consumer Code, the Customer may not under any circumstances claim to exercise any right of withdrawal for orders of all products clearly personalized or made to their specifications. (ex: glasses).

In order to exercise this right, the Customer must inform L'ŒIL DE TOKYO of their wish to withdraw by contacting L'ŒIL DE TOKYO Customer Service within 30 days of the Order at the following address: L 'ŒIL DE TOKYO, 14 rue de l'Ancienne Comédie Paris or by email at the following address: hello@loeildetokyo.fr.

 

9.3. Late delivery

 

Any delay in delivery of more than thirty days may result in the sale being terminated at the initiative of the consumer, upon simple written request from him, sent by registered letter with acknowledgment of receipt. The Customer will then be reimbursed for the sums incurred by him when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of L’ŒIL DE TOKYO.

In such a case, the customer agrees not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.

 

10) Guarantee of products purchased on this site

 

All the products sold on this site are marketed in compliance with the laws and regulations in force and benefit from all the approvals necessary for their marketing. The mandatory displays required by the legislative and regulatory provisions in force will be made on this site, and in particular in the summary estimate of the order and the description of each item.

In the event of a defect in a product purchased on this site, customers have, in accordance with the provisions of the Civil Code in terms of the legal guarantee against hidden defects, a period of two years from the date of discovery of the defect for request the exchange or refund, and, in application of article L211-5 of the consumer code they will have a period of two years from receipt of said product to request an exchange or refund , in the event that the goods delivered do not comply with the meaning given to this word by the aforementioned article.

In order to exercise one of these rights, it is their responsibility to return the package to the address of the company's head office: L'ŒIL DE TOKYO, 14 rue de l'Ancienne Comédie, 75006 Paris, accompanied by a letter explanatory request either refund or exchange. The cost of sending the package, in the latter case only, will then be reimbursed to the customer by check or by bank transfer, within a maximum period of thirty days.

The objects acquired on this site benefit, in addition to the guarantee of hidden defects defined by the civil code as well as the guarantee of good conformity imposed by article L211-5 of the consumer code which are, where applicable, always applicable and which is defined above, a conventional guarantee offered by the seller, the duration and terms of which will be indicated on the quotation communicated in the form of a summary of the order and in the instructions for use of each item.

The hidden defect being a defect in the item which, under normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the item contractually agreed upon, the The publisher of this site is in particular not responsible, even within the framework of the conventional guarantee, for normal wear and tear of the products, accidental damage or resulting from abnormal use of the products.

 

11) Subscription to the L’ŒIL DE TOKYO Newsletter

 

By entering his email address and postal code or by checking the box provided for this purpose, the Customer accepts that the Company L'ŒIL DE TOKYO can send him, at a frequency and in a form that he will determine, a newsletter ( newsletter) which may contain information relating to its activity.

The Customer will become a subscriber to the email and SMS communications of the L'ŒIL DE TOKYO Company and he will have the option to unsubscribe by clicking on a link provided for this purpose, present in each of the newsletters or by sending an SMS to STOP SMS, present in each of the SMS.

 

12) Responsibilities

 

The company L’ŒIL DE TOKYO declines all responsibility in the event of:

 

• temporary impossibility of access to "loeildetokyo.fr" (and / or sites linked to it) due in particular to:
  • - technical maintenance operations or updating of published information
  • - technical problems, whatever their origin and provenance, and in particular in the event of destruction of equipment, computer attack or hacking, deprivation, deletion or prohibition
• temporary or permanent impossibility - including breakdowns or unavailability inherent to the hosting servers - of access to the Internet network
• direct or indirect damage caused to the user, whatever its nature, resulting from the content, access, or use of "loeildetokyo.fr" (and / or sites linked to it) , as well as the inability to use "loeildetokyo.fr" (and / or sites linked to it)
• abnormal use or illicit exploitation of "loeildetokyo.fr". The user of "loeildetokyo.fr" is then solely responsible for damage caused to third parties and for the consequences of claims or actions that may result therefrom. The user also waives any recourse against the company L’ŒIL DE TOKYO in the event of legal proceedings instituted by a third party against him due to the use and / or illegal exploitation of the site.
• L'ŒIL DE TOKYO reserves the right to take legal action against any person who has not complied with the provisions relating to articles 323-1 to 323-7 of the penal code, and in particular who has access fraudulently, to all or part of an automated data processing system of "loeildetokyo.fr".

 

13) Editorial content and other services provided

 

Users who may have access to software published by third parties (in particular Google Maps published by Google), via the “loeildetokyo.fr” site, use it under their sole responsibility. Each user of Google Maps declares to have previously accepted the conditions of use of Google and of Google Maps.

Consequently, the responsibility of the company L'ŒIL DE TOKYO, nor of one of its partners or agents, cannot be sought under the information and services offered on the site for any damage of any kind. it would be.

L'ŒIL DE TOKYO does not guarantee the completeness, accuracy, updating and exhaustiveness of the information and services made available, the company L'ŒIL DE TOKYO making all available means to provide users with quality content.

The use of the information and services offered on "loeildetokyo.fr" is carried out under the sole responsibility of the user, who remains solely responsible for the commitments he contracts.

Articles and practical information relating to the field of activity of the company L’ŒIL DE TOKYO are made available to users on "loeildetokyo.fr", for information purposes only, for documentary purposes only. They do not in any way constitute an alternative to consulting a professional in the sector concerned.

L’ŒIL DE TOKYO cannot be held liable for the use of this software and associated services, for any damage of any kind.

 

14) Hypertexts

 

14.1. Links from "loeildetokyo.fr"

 

"Loeildetokyo.fr" may contain hypertext links to sites operated by third parties. These links are provided for information only. L'ŒIL DE TOKYO has no control over these sites and declines all responsibility for access, content or use of these sites, as well as for any damage that may result from viewing the information on this site. these sites. The decision to activate these links is the full responsibility of the user.

 

14.2. Links to "loeildetokyo.fr"

 

No hypertext link may be created to "loeildetokyo.fr" without the express prior consent of L’ŒIL DE TOKYO.

If a user or a legal person wishes to create, from their site, a hypertext link to "loeildetokyo.fr", they must first contact the company L'ŒIL DE TOKYO at the address mentioned in point 3. eligibility or otherwise of such a request will be forwarded to the interested party.

 

15) Information and freedoms

 

The company L'ŒIL DE TOKYO, as well as the brand and all illustrations, images and logos and any content appearing on the site loeildetokyo.fr (including but not limited to the General Conditions of Use and these General Conditions of Sale ) are and will remain the exclusive property of L'ŒIL DE TOKYO or the holder of the intellectual property rights concerned. The Customer therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be liable to give rise to legal proceedings against him by the company L'ŒIL DE TOKYO.

This protection will cover all the textual and graphic content of this site, but also its structure, its name and its graphic charter.

 

16) Intellectual property

 

16.1. Copyright and neighboring rights

 

All the elements constituting "loeildetokyo.fr" (texts, graphics, software, photographs, images, sounds, plans, names, logos, brands, creations and various copyrightable works, databases, etc.) as well as the site itself - even, come under French and international legislation on copyright and rights related to copyright, in particular Articles L.122-4 and L.122-5 of the Intellectual Property Code. These items are the exclusive property of L’ŒIL DE TOKYO, except for items produced by parties outside "loeildetokyo.fr" who have not assigned their copyright or related rights.

 

Consequently, the user of "loeildetokyo.fr" undertakes in particular not to:

 

use or query "loeildetokyo.fr" on behalf or for the benefit of others,

reproduce in large numbers, for commercial or non-commercial purposes, creations, information, or photographs on "loeildetokyo.fr",

integrate all or part of the content of "loeildetokyo.fr" into a third party site, for commercial purposes or not,

use a robot, in particular a crawler (spider), an application for searching or retrieving websites or any other means making it possible to retrieve or index all or part of the content of "loeildetokyo.fr", except in the event of authorization express and prior of the company L'ŒIL DE TOKYO,

copy the information onto media of any kind allowing all or part of the original files to be reconstructed.

 

Any unauthorized use, reproduction, representation or adaptation of a page or an original form element of "loeildetokyo.fr" constitutes an infringement involving the civil and criminal liability of its author. It may also result in a violation of image rights, human rights or any other rights and regulations in force.

L’ŒIL DE TOKYO reserves the right to exercise all legal remedies against persons who fail to comply with the prohibitions contained in this article.

 

16.2. Rights of the database producer

 

The company L’ŒIL DE TOKYO is the producer of the database constituted by "loeildetokyo.fr", within the meaning of Article L 341-1 and following of the Code of Intellectual Property. Any extraction or use of the content of the database not expressly authorized may engage the civil and / or criminal liability of its author. L’ŒIL DE TOKYO reserves the right to take legal action against persons who have not complied with this prohibition.

 

16.3. Trademark rights

 

The name and logo "L’ŒIL DE TOKYO" are a registered trademark owned by L’ŒIL DE TOKYO. Any use of this brand - and any other brand owned by L’ŒIL DE TOKYO as a result of its activity - not expressly authorized may engage the civil and / or criminal liability of its author. L’ŒIL DE TOKYO reserves the right to exercise all legal remedies against persons who infringe its rights.

 

17) Protection of personal data

 

In accordance with the EU General Data Protection Regulation 2016/679 of April 27, 2016 and the Data Protection Act of January 6, 1978 in its amended versions, any person concerned by the processing of personal data has access rights to their data, opposition to the use of their data, rectification, erasure and portability of their data.

It also has the right to limit the processing of its data, not to be the subject of a decision based on automated processing, to bring an action with the National Commission for Computing and Freedoms and to give directives on the fate of his data after his death.

 

18) applicable law and jurisdiction clause

 

The fact that L’ŒIL DE TOKYO does not avail itself at a given time of one of the provisions of these General Terms and Conditions of Sale and Use cannot be interpreted as a waiver of its use later.

Any disputes that may arise regarding the validity, interpretation, acceptance and execution of these, regardless of the place of subscription, or of settlement, will be the subject of an attempt at amicable settlement. that the parties undertake to seek. Failing to achieve this within a period of one (1) month from the written notification of such a dispute, the courts of Paris will have sole jurisdiction even in the event of an appeal in guarantee or of multiple defendants, for the emergency or conservatory proceedings, in summary proceedings or by request.

These General Conditions of Sale and Use are subject to French law, which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory contrary provision or in the presence of a choice in determining the applicable law, French law will be applied.

 

19) Right of withdrawal

 

If one of the clauses of these general conditions were to be declared void by a court decision, this nullity cannot void all the other clauses, which would continue to have their effect.

The fact, for the publisher, of not availing itself temporarily or permanently of one or more clauses of these general conditions, shall in no case entail a waiver of the rest of the general conditions.