CGV

The present General Sales Conditions cancel and replace all previous conditions.

Application of the General Sales Conditions

1.1 The General Terms and Conditions of Sale, which appear notably on LOOK VISION's commercial documents, are given 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 All orders imply the purchaser's full and unreserved acceptance of the terms and conditions of sale, which prevail over all documents such as prospectuses and catalogs issued by LOOK VISION, which are for information purposes only, as well as any contrary stipulations issued by the purchaser.

1.3. LOOK VISION's failure to invoke any of the General Terms and Conditions of Sale at a given time shall not be construed as a waiver of its right to do so at a later date.

Orders

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

Orders may be placed by fax, e-mail, on the website www.look-vision.com or by order form and are not subject to written confirmation by LOOK VISION.

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

Delivery

3.1 Shipping costs are invoiced to the buyer according to weight and volume.

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

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

Acceptance of deliveries

4.1 Upon receipt of delivery and within three days of delivery, it is the responsibility of the purchaser to make all necessary observations concerning the condition of the goods and, where appropriate, to notify the carrier of any reservations by extra-judicial document or by registered letter with acknowledgement of receipt.

4.2. Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the goods delivered with the product ordered or the dispatch note must be sent by fax or e-mail and by registered letter with acknowledgement 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 proof of any defects or non-conformities.

In addition, the purchaser shall allow LOOK VISION every facility to proceed by itself to the observation of these defects and/or non-conformities and to remedy them. In any event, the purchaser will refrain from intervening himself or having a third party intervene.

Return of goods

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 purchaser will benefit from a credit note consisting, at LOOK VISION's discretion, in the replacement of the goods delivered. 

LOOK VISION, in the free replacement or reimbursement of the goods, to the exclusion, in all cases, of all damages and interest.

5.2 Any return of goods must be formally agreed in advance between LOOK VISION and the purchaser. In the absence of such agreement, the goods returned by the purchaser will be held at the latter's disposal and will not give rise to the establishment of a credit note.

 Unless expressly agreed otherwise, the costs and risks associated with the return of goods shall be borne by the purchaser.

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

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

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

In the event of a dispute or contestation, only those claims will be declared admissible that establish proof of shipment and receipt of the goods concerned.

Warranty

6.1 Goods sold by LOOK VISION are guaranteed against defects in materials and workmanship.

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

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

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

The warranty does not cover scratches on sunglasses, oxidation or corrosion caused by chemical products (cosmetics, perfumes, etc.).

6.3 Defective parts must be returned to us within fifteen days. (Forty-five days for DROM COM TAAF) following receipt of the replacement part. Each returned part will be examined to determine the scope of the warranty as defined in article 6.2. Any request for spare parts or a complete frame not covered by the warranty will be invoiced.

Reservation of ownership clause

Notwithstanding the provisions of article 1583 of the French Civil Code, the transfer of ownership of goods delivered is subject to full payment of the price thereof. Where applicable, LOOK VISION will assert its reservation of ownership within the framework, in particular, of the provisions of articles 121 and 122 of law no. 85-98 of January 25, 1985, amended by law no. 96-588 of July 1, 1996.

Prices

Goods are supplied at the prices valid at the time the order is placed. Prices are exclusive of VAT.

Invoicing

Each invoice specifies the date on which payment is due, as well as the legal mentions.

Terms of payment

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

Delay and default

11.1 In the event of late payment, LOOK VISION may suspend current orders, without prejudice to any other legal means. In addition, any invoice not paid by the due date will, by right and without prior formal notice, and notwithstanding article 1153 of the French Civil Code, result in the payment of late payment interest at the current legal rate.

11.2 In the event of non-payment, and forty-eight hours after an unsuccessful formal notice, the sale will be terminated by operation of law, if LOOK VISION sees fit, which may request, in summary proceedings, the return of the goods, without prejudice to damages. The cancellation may apply not only to the order in question, but also to all previous unpaid orders, whether or not deliveries have been made or are in progress and whether or not their payment date has expired.

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

Destination of goods sold

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

Dispute

The seller reserves ownership of the goods delivered and designated above, until full payment of their price in principal and interest (law 80.335 of 12/05/80). In the event of dispute, the Tribunal de Commerce de Pontoise shall have sole jurisdiction, even in the event 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 n°92-142 of 31/12/92) without the need for formal notice, and without this penalty clause (art. 1226 of the French Civil Code) at 15% of invoices unpaid on their due date, without prejudice to claims that may be made judicially under art. 700 of the French Civil Code.