Terms of Service and Sale
1. Legal notice and scope
This website is published by Maison Nathalie Blanc registered in the Nanterre Trade and Companies Register under number 539 924 464, and whose registered office is at 82 rue Villeneuve, 92110 Clichy. The publisher can be reached by phone at 01.45.03.30.77 or by e-mail at the following address: firstname.lastname@example.org
Intra-community VAT number: FR86 539 924 464
This website is hosted by:
OVHSAS with a capital of 10 069 020 €
RCS Lille Métropole 424 761 419 00045APE
VAT number: FR 22 424 761 419
Headquarters: 2 rue Kellermann - 59100 Roubaix – France
Director of the publication: Octave KLABA
The functions of the director of the publication of this website and responsible for its writing are exercised by Mrs. Nathalie Brunet
This website is freely accessible to any internet user. Its purpose is the online sale of eyeglasses or sunglasses to natural persons and authorized opticians’ custodians of the brand Nathalie Blanc Paris
2. Acceptance of the general conditions
The subscription to a contract governed by these general conditions, with the publisher of this website supposes the acceptance, by the internet user, of these general conditions. The internet user acknowledges the same fact having taken full knowledge of it. This acceptance will consist in the fact, for the internet user, to check the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of sale and use of the website."
This fact of ticking the box will be deemed to have the same value as a handwritten signature on the part of the internet user. The internet user acknowledges the value of proof of the automatic registration systems of the publisher of this website and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of these general conditions assumes on the part of the internet users that they are of age and enjoy the necessary legal capacity for this, or that they have the authorization of a tutor or curator if they are incapable.
THE SALE OF CORRECTIVE GLASSES TO MINORS UNDER THE AGE OF 16 IS PROHIBITED FOR NON-MEDICAL PRESCRIPTION
3. Modification of the general conditions
These general conditions may be modified at any time by the publisher of the website or its representative. The general conditions applicable to the user are those in force on the day of his order or connection to this website. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
The availability of products is indicated on the website, in the description sheet of each item.
To place an order, internet users will be able to select one or more objects and add them to their basket.
When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.
By consulting their basket, members will have the possibility to check the number and nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will have the option to remove one or more objects from their cart and change their options. On this summary will be indicated all the items and services invoiced or offered to the customer. In addition, customers will be indicated the option they have or do not have to exercise their right of withdrawal as well as the deadlines that apply to it.
If their order suits them and they wish to validate it, internet users will be able to click on the "order" button, they will then access an identification form in which they can either enter their login credentials if they already have them or register on the website by completing the form presented to them, with personal information concerning them.
As soon as they are connected or after they have perfectly completed the form, customers will be invited to check or modify their billing and delivery details, to choose a payment method and then will be invited to make their payment by being redirected for this purpose on the secure payment interface.
Once the payment has been received by the publisher of the website, the latter undertakes to acknowledge receipt of it to the customer electronically, within a maximum period of 24 hours. Similarly, and within the same time limits, the publisher undertakes to send the customer a summary e-mail of the order and confirming the processing, including in addition all the information relating to the order, the products ordered, their delivery, as well as the methods of exercising their right of withdrawal.
The prices indicated on the website are understood in Euros, all taxes included, excluding delivery costs. These prices can be modified at any time by the publisher, the prices displayed are valid only on the day of the order and do not have an effect for the future.
The delivery costs will, in any case, be indicated to the customer before any payment and concern only deliveries made in Metropolitan France Including Corsica. For any other place of delivery, it will be up to the customer to contact customer service.
6. Retention of title clause
The products and articles remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the buyer or user from their delivery.
The internet user can place an order on this website and can make his payment by credit card.
Payments by credit card are made by means of secure transactions provided by the provider: STRIPE. In the context of payments by credit card, the publisher of this website does not have access to any data relating to the user's means of payment. Payment is made directly in the hands of the banking institution.
Par les présentes, le client accepte les mentions légales d'Oney accessibles ici
a) Time limit
Orders are delivered by Colissimo, within 15 working days from the perfect collection of the price corresponding to the consideration by the seller.
Some products or certain order volumes may nevertheless justify a longer delivery time, it will be expressly mentioned to the attention of the consumer when validating the order.
b) Apparent defect
The customer undertakes to check the conformity of the product with his order during delivery. Any error in delivery in relation to the order or apparent defect must be the subject of a complaint, within 7 clear days from delivery. After this period, the product will be deemed to have been received by the customer, who will no longer be able to rely on an error in delivery or an apparent defect.
c) Damage and partial losses
In accordance with Article L 133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the consignee has not notified the carrier, by registered letter, of his reasoned protest.
Claims related to the transport of the products must therefore be entered on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgment of receipt within three clear days of receipt of the products on pain of foreclosure of reservations and claims.
9. Provisions relating to consumer rights
a) Customer service
The customer service of this website is accessible from Monday to Friday from 9:30 am to 6:30 pm at the following non-surcharged telephone number 01.45.03.30.77, by e-mail to the following address email@example.com or by post to the following address: 82 rue Villeneuve, 92110 Clichy. In the latter two cases, the publisher undertakes to provide a response within 2 working days.
b) Right of withdrawal
In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the package to request the exchange or refund. In order to exercise this right, it is up to them to return (at their own expense) the parcel to the address of the company's head office: Maison Nathalie Blanc, 82 rue Villeneuve, 92110 Clichy. accompanied by a letter requesting either a refund or exchange.
In accordance with the provisions of Article L121-20-2 of the Consumer Code, consumers will in no case be able to claim the exercise of any right of withdrawal for orders for all clearly personalized products.
Any return must be made complete (packaging, instructions, accessories, copy of the invoice), and the returned products must not be soiled or damaged (due to their use).
c) Delay in delivery
Any delay in delivery of more than seven days may result in the resolution of the sale on the initiative of the consumer, on simple written request from him, sent by registered letter with acknowledgment of receipt. The consumer will then be refunded the sums committed by him during the order. This clause is not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of the publisher. In such a case, the customer undertakes not to take legal action against the website and its publisher and waives the right to avail himself of the resolution of the sale provided for in this article.
10. Warranty of products purchased on this website
All products sold on this website are marketed in compliance with the laws and regulations in force and benefit from all the approvals necessary for their placing on the market. The mandatory postings required by the legislative and regulatory provisions in force will be made on this website, and in the summary estimate of the order and the description sheet of each item.
In the event of a defect in a product purchased on this website, customers have, in accordance with the provisions of the Civil Code regarding the legal guarantee of hidden defects, a period of two years from the date of discovery of the defect to request the exchange or refund, and, pursuant to Article L211-5 of the Consumer Code they will have a period of two years from the receipt of said product for request the exchange or refund thereof, in the event that the goods delivered do not conform, within 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 headquarters of the company, accompanied by an explanatory letter requesting either a refund or exchange. The costs of sending the package, in the latter case only, will then be refunded to the customer by bank check or by bank transfer, within a maximum period of thirty days.
11. Personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user, on this website. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the customer account. Certain information will be deemed essential for the conclusion of the contract and its collection will be essential for the creation of the personal space and the validation of the conclusion of the contract. The refusal by a member to provide such information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
This space allows the customer or member to consult all his orders made on the website, and allows them, if necessary, to follow the delivery of the goods purchased.
If the data contained in the personal space section were to disappear because of a fortuitous event, a technical breakdown, or a case of force majeure, the responsibility of the publisher of this website could not be engaged, this information having no probative value but only an informative character. However, the publisher undertakes to keep securely all contractual elements whose conservation is required by the law or regulations in force.
The pages relating to personal spaces are freely printable by the holder of the account in question but do not constitute proof, they are only informative in nature intended to ensure an effective management of his orders by the customer.
When creating the personal space, the user is prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the website can not be held responsible for unauthorized access to a user's account.
The publisher reserves the exclusive right to delete the account of any member who has violated these general conditions (but without this example having any exhaustive character, when the member has knowingly provided incorrect information, during his registration and the constitution of his personal space) or any account inactive for at least one year. Such deletion shall not be liable to constitute damage to the excluded member who shall not be entitled to any compensation as a result.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the member when the facts have justified it.
12. Publisher's Newsletter
By ticking the box provided for this purpose or by expressly giving their consent to this purpose, members agree that the publisher may send them, at a frequency and in a form that it will determine, a newsletter that may include information relating to its activity. When the user ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this website for products and services similar to those ordered.
Subscribed members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
13. Partner Newsletters
The member who has accepted the communication of personal data (and particularly his e-mail address) to third-party partners of this website may be required to receive newsletters issued by these partners, commercially or not, at the frequencies and in the forms determined by the said partners.
The member has the option to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters issued by the said partners. Otherwise, the member has the possibility to unsubscribe by contacting directly the issuer(s) of the said newsletters. The publisher of this website can in no way be held responsible for the content, data, or forms of newsletters sent by the said partners, regardless of the damage that would have been suffered by the member. Any complaint must be made directly to the issuer of the newsletter.
14. Mentions relating to the Data Protection Act, of 6 January 1978
Internet users have the freedom to provide personal information about them. The provision of personal information is not essential for navigation on the website. On the other hand, registration on this website implies the collection, by the publisher, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information necessary for the use of the services offered by this website as well as, where applicable, necessary for the creation of personal space, may not use the services offered by the publisher of this website, nor place an order on this website. In the context of an order on this website, the information relating to the collection of data relating to the payment, in particular, the credit card number and its use for commercial identification purposes is subject to the collection of the consent of the person concerned, through the various forms present on the website.
The data collected are necessary for the proper administration of the services offered on this website as well as for the respect of its contractual obligations by the publisher. These data are kept by the publisher in this unique capacity and the publisher undertakes not to use them in another context, nor to transmit them to third parties, without the express agreement of the users or cases provided for by the law.
The contact details of all users registered on this website are saved for a period of one year, a reasonable period necessary for the proper administration of the website and normal use of data. These data are kept in safe conditions, according to the current means of technology, in compliance with the provisions of the Data Protection Act of 6 January 1978.
In accordance with the latter, they have the right to object, query, access, and rectify the data they have provided. To do this, they simply request it to the publisher of this website, by formulating it at the following email address: firstname.lastname@example.org, or by post to the address of the headquarters of the publisher mentioned at the head of these general conditions. The personal data collected are subject to computer processing and are exclusively reserved for the publisher of the website.
The personal data collected are not transferred abroad.
CNIL filer number: 2079257
In addition, the publisher reserves the right to collect public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same period as the personal information and will only be intended to allow a good administration of the services offered on this website. The IP address is a series of numbers separated from dots that allow a computer to be uniquely identified on the Internet.
The publisher must communicate all personal data relating to an Internet user to the Police (on the judicial requisition) or to any person (by order of the judge). The IP address of your computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet service providers).
15. Mentions relating to the collection of "cookies"
To allow all Internet users optimal navigation on this website as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implantation of a cookie on the computer of the user. This cookie makes it possible to store information relating to the navigation on the website (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the computer of the internet user for a variable period of up to one year and may be read and used by the publisher during a subsequent visit of the Internet user on this website.
The user has the possibility to block, modify the retention period, or delete this cookie via the interface of his browser (usually: tools or options/privacy or confidentiality). In such a case, the navigation on this website 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 malfunction can in no way constitute damage for the member who will not be able to claim any compensation for this fact.
16. Exemption from the responsibility of the publisher in the context of the execution of this contract
In case of impossibility of access to the website, due to technical problems or of any kind, the customer will not be able to claim damage and will not be able to claim any compensation.
By express agreement between the parties, the customer acknowledges that the publisher will only be able to perform the obligations entered at the time of the conclusion of the contract when the latter has in his possession all the elements required and requested during the ordering process.
In case of delivery of a package clearly and visibly deteriorated, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.
The unavailability, even prolonged and without any limitation, of one or more products, can not constitute a prejudice for Internet users and can in no way give rise to the award of damages on the part of the website or its publisher.
The visual representations of the products, published on this website, are guaranteed by the publisher as perfectly faithful to reality, to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations in particular in terms of colors or shape, can vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no case be attributed to the publisher who can in no case see his responsibility engaged for this fact.
The hypertext links present on this website may refer to other websites and the responsibility of the publisher of this website can not be engaged if the content of these websites contravenes the laws in force. Similarly, the responsibility of the publisher of this website can not be engaged if the visit, by the internet user, of one of these websites, caused him prejudice.
17. Intellectual property rights relating to the elements published on this website
All the elements constituting this website belong to the publisher and are therefore protected by the legislation relating to intellectual property.
Internet users, therefore, acknowledge that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings against you by the publisher.
This protection will cover all the textual and graphic content of the website, but also its structure, its name, and its graphic charter.
18. Applicable law and jurisdiction clause
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French.
Except as provided in public policy, any disputes that may arise in the context of the execution of these general conditions may be submitted before any legal action be submitted to the discretion of the publisher of the website with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal proceedings.
19. Nullity and non-waiver clause
If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity cannot lead to the nullity of all the other clauses, which would continue to produce their effect.
The fact, for the publisher, of not availing itself temporarily or permanently of one or more clauses of these general conditions, will in no case constitute a waiver to avail itself of the rest of the general conditions.