CGV

Terms of Sales to the attention of Consumers

(Online Site)

Article 1 Designation of the seller

GOAL26 – Anonymous Company with capital of €10,030.00, registered at RCS PARIS B No. 820 235 422 (SIREN) whose head office is located at 21 Rue des alouettes - 95600 EAUBONNE is represented by its Chairman, Mr. David Abitbol. GOAL26 is the sole owner of trademark rights EYEZWEAR and EYEZWEAR.COM

Article 2- General arrangements related to the present general selling terms (hereinafter GTC)

2. 1. Subject of the Terms

The GTC are exclusively applicable to the online sale of EYEZWEAR products on the site www.eyezwear.com, (hereinafter the site) access to which is free to any user.

2. 2.GTC’s scope of work

Consequently, the fact of placing an order implies the full and unreserved acceptance of the buyer to these GTC, excluding all other documents such as prospectuses, catalogs, issued by GOAL26 and which have only the informational value.

The GTC are exclusively applicable to products delivered to consumers in France and / or in a country member of the European Union.

2. 3. Availability and opposability of GTC

The GTC are available to consumers on the seller's website where they are directly available and can also be provided to him on simple request by mail: Goal 26, 21 rue des alouettes, 95600 EAUBONNE

2. 4. Modification of GTC

The professional seller reserves the right to modify the GTC at any time. In case of modification of the GTC, the applicable GTC are those in force dated the day of the order, a copy dated this day can be given to the consumer upon request

  
2. 5. Terms of GTC

The disablement of one contractual clause does not entail the disablement of the GTC.

 The temporary or permanent non-application of one or more clauses of the GTC by the professional seller cannot be considered as a termination of the other terms of the GSC that continue to have effect

  Article 3- Products

3. 1. Characteristics

The products offered for sale presented in the catalog published on the site are each the subject of an optional description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.

The photos illustrating the products do not constitute a contractual document.

3. 2. Availability of stocks

Products are offered and delivered within the limits of available stocks.

 In case of unavailability of the product ordered, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a voucher in the amount of the order that can be used for any next order.

 In case of disagreement of the buyer, the seller proceeds to refund the sums paid within fourteen days of receipt by the seller of the item.

 Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity, unless the breach of the contract is personally attributable to him.

Article 4- Price

4. 1. Selling price

 The selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each product listed in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation. of the order and invoiced additionally.

 The total amount to be paid by the consumer is indicated on the order confirmation page.

 In the case of a promotion price, the seller applies the promotional price to any order placed during the advertising period made for the promotion. 

Article 5- Offer

5. 1. Domain

 The online sales offers presented on the site are reserved for consumers residing in France and / or in a country member of the European Union and for deliveries in these mentioned geographical areas.

 5. 2. Duration

The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalog and till the end of a stock.

5. 3. Acceptance

The acceptance of the offer by the consumer is validated, in accordance with double clicking on the Order Confirmation button.

Article 6- Order

6. 1. Steps to conclude the contract

The confirmation of the order implies acceptance of the GTC and forms the contract.

An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.

6. 2. Order modification

Any modification of the order by the consumer after confirmation of his order is subject to the acceptance by the professional seller.

The professional seller reserves the right to make changes to the ordered product that are related to technical evolution under the conditions laid down in Article R. 212-4 of the Consumer Code.

 6. 3. Order validation

The seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.

 Article 7- Contract

7. 1. Conclusion

The sales contract is formed at the same moment when the consumer sends the confirmation of his order.

 7. 2. Archiving and evidence

The archiving of communications, purchase orders and invoices is done on a reliable and durable support to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.

 7. 3. Cancellation

The order can be cancelled by the buyer by sending a registered letter with acknowledgment of receipt or by contacting a support in any other way in case of:

- delivery of a product that does not comply with the declared characteristics of the product;

- delivery exceeds the deadline set in the order form or, in the absence of such a date, within thirty days of the conclusion of the contract, after the seller has been engaged, under the same conditions and without result, to make the delivery within a reasonable additional time.

 Article 8- Payment

8. 1. Due date

The price is due to be paid in full amount after confirmation of the order.

Payment is made immediately by paying the order by credit card. Cards from the "CB" network, Visa, Eurocard, Mastercard, American Express are accepted.

The customer must provide his credit card number and / or bank details by completing the online payment form.

8. 2. Payment securisation

The site is equipped with an online payment security system that allows consumers to encrypt the transmission of their bank details.

The transaction is carried out by the customer according to banking security standards.

By communicating his credit card number and / or bank details, the customer agrees in advance and unconditionally that the company proceeds to the secure transaction. The customer authorizes in advance his bank to debit his account in view of records or statements transmitted by the Company, even in the absence of signed invoices by the cardholder. Authorization to debit the customer's account is always given in the amount of the item(s) purchased.

The customer's credit card is then debited after verifying the satisfaction of his / her order with the general conditions of sale, the availability of the item (s) and at the time of the dispatch of the item(s) by the Company. If, for any reason (refusal of the issuing entity, etc.), the debit of the sums due by the customer is impossible, the order will not be registered by the company and / or

will be canceled.

Article 9- Delivery

9. 1. Definition

Delivery means the transfer to the consumer’s physical possession or control of the good.

9. 2. Delivery time

 The seller undertakes, in accordance with the delivery deadline indicated on the website for each of the products, to deliver the products within 60 days after receipt of order.

 9. 3. Delivery delay

When the ordered product is not delivered or the service is not provided on the date or by the end of expiration period mentioned in the order form, the consumer may, after unsuccessfully joining the seller to perform his obligation to deliver the good(s)  within a reasonable additional time, break the contract by registered letter with acknowledgment of receipt or by contacting a support by any other mean.

9. 4. Delivery destination

The products are delivered to the address indicated by the customer in the order form.

9. 5. Terms of delivery

The delivery is made by the direct delivery of the product to the delivery address indicated by the buyer.

It is up to the buyer to check in the presence of the deliveryman the condition of the delivered product and, in case of damage or missing, to express objections on the delivery note or on the transport receipt, and to refuse product and notify the seller.

9. 6. Product compliance

If the product does not comply with the order, the consumer must address a claim to the seller to obtain the replacement of the product or possible cancellation of the sale.

9. 7. Unavailability of products

In case of unavailability of products to deliver, the seller may propose, under the conditions provided in article 3-4 of the GTC, a product equivalent in quality and price.

 9. 8. Delivery failure

The total delivery failure leads to the automatic cancellation of the sales contract.

9. 9. Delivery and transfer of risk

The risk of loss or damage to property is transferred to the consumer at the moment when he or a third party he has designated physically takes possession of the good, without distinction according to its nature.

 The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk of the seller.

Article 10- Legal guarantee of conformity and guarantee of hidden defects

10. 1. Consumer information

All the products supplied by the seller benefit from the legal guarantee of conformity stated in articles L. 217-4 and following the code of consumption (C. cons., L. 211-4 with L. 211-14) or the guarantee of hidden defects provided in Articles 1641 to 1649 of the Civil Code.

Regardless of the commercial guarantee that may be granted, the seller is held liable for the lack of conformity of the object covered by the contract under the conditions of Article L. 217-4 et seq. Of the Consumer Code (former C. cons., Art. 211-4 et seq.) And hidden defects of the item sold under the conditions provided in articles 1641 of the Civil Code.

10. 2. Implementation of the guarantee of conformity

Article L. 217-4 of the Code of consumption

Article L. 217-5 of the Code of consumption

Article L. 217-12 of the Code of consumption

If you want to impose the legal guarantee of non-compliance, you must contact the company.

When it comes to the legal guarantee of conformity, the consumer:

 - has a period of two years from delivery of the good;

 - may choose between the repair or replacement of the goods, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;

 - is exempted from provide a proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

Article L. 217-16 of the Code of consumption.

10. 3. Application of the guarantee of hidden defects

Article 1641 of the Civil Code: Article 1648 of the Civil Code:

The consumer may decide to apply the guarantee against hidden defects of the item sold according to the Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

10. 4. Claims

Claims on the guarantee issues must be sent by email to support@eyezwear.com, or by mail to GOAL26,21 rue des Alouettes 95600 EAUBONNE.

Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

In case of validation of all or part of the claim, the consumer will be refunded no later than thirty days after receipt of the product by the seller.

Article 11- Guarantee clauses

11. 1. Exempt clause

The seller cannot be considered as responsible:

 -interruptions or delays mentioned on the site due to the performance of maintenance work, technical breakdowns, a case of force majeure, by third parties or any circumstances whatsoever, beyond its control;

 -the impossibility of the customer to temporarily access the site, due to facts beyond his control, such as: the cases of computer failure, interruption of the internet network, failure of the reception equipment of internet network, etc.

11. 2. Applicable law guarantees

The French law applicable to the contract may not have the effect of depriving the consumer residing in another country member of the EU of the provisions on the guarantees granted to him under his national law pursuant to the Directive of 25 May 1999 on the sale and guarantees of consumption.

Article 12- Responsability

12. 1. Disclaimer

The responsibility of the seller cannot cannot be held liable in case of non-performance or improper performance of the contract due either to the buyer, the insurmountable and unpredictable of a third party of the contract, or force majeure.

 The responsibility of the seller cannot be held liable for non-compliance of the product with the legislation of the country of the consumer to which he belongs to check if the product is not prohibited for sale in his country.

12. 2. Product safety defect

In case of damage caused by a product safety defect, the consumer must seek the liability of the identifiable manufacturer from the information mentioned on the product packaging.

Article 13- Cancellation clause

The cancellation of the order as provided in these GTC will be informed by registered letter with acknowledgment of receipt or by e-letter and will be acquired automatically without legal formalities.

Article 14- Right to return

In accordance with the statements of Articles L. 221-18 of the Consumer Code, the customer has a right to return which he can exercise without having to give any reason, within fourteen (14) days from receipt of the articles, using this form or by sending any other written declaration mentioning the retraction exercised, by mail to GOAL26, 21 rue des Alouettes 95600 EAUBONNE).

The customer recognizes having been informed and accepts that he does not have such a right of withdrawal, in accordance with Article L. 221-28 3e of the Consumer Code, for personalized products, made according to and / or on his request, or retouched.

It will then be up to the customer to return the items delivered by following the different stages of the procedure proposed by the seller described on the Site;

 The return of the delivered articles will have to be carried out by the customer:

 - within a period of fourteen (14) days from the exercise of his right,

- in their original packaging, in perfect condition for sale by the seller, not used and accompanied by all accessories and documents provided and the delivery note attached to the delivered items.

 The refund of the invoiced price of the returned articles will be carried out, by credit to the bank account of the customer, at the latest within fourteen (14) days following the reception, by the Company, of these articles. Any personalized article, retouched or returned damaged, used, incomplete or soiled cannot be the object of such a refund.

In all cases, customer is in charge of all expenses for the return process.

 Article 15- Intellectual property

The elements reproduced on the present site www.eyezwear.com, which are the exclusive property of GOAL26, are protected by copyright, trademark law and patent law.

 Any reproduction and distribution of these elements, without prior written permission of the publisher, expose violators to prosecution.

Article 16-  Processing of personal data (no CNIL declaration)

The computerized processing of personal data collected has the purpose of managing orders.

The requested information is mandatory.

If there is no answer, your order may not be processed.

In accordance with the Data Protection Act, you have a right of access, rectification and, subject to the legal measures applicable to the subject, deletion of data concerning you, the responsible for data processing is Mr. David ABITBOL, GOAL 26 , 21 rue des Alouettes 95600 EAUBONNE

Article 17- Mediation

17. 1. Prior claim

In case of dispute, you must first contact the customer service of the company by email at support@eyezwear.com or mail to GOAL 26, 21 rue des Alouettes 95600 EAUBONNE or at the non-premium rate from a fixed line in metropolitan France, from Monday to Friday, except public or non-working day, from 10 am to 5 pm

17. 2. Request for mediation

In case of failure of the complaint request to the consumer service or in the absence of response from this service within two months, the consumer may submit the dispute relating to the order form or to these GTC against s seller EYEZWEAR

 Mediator of the Medicys Mediation Center

         contact@medicys.fr

         http://www.medicys.fr/index.php/consommateurs/

who will try, in all independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

In order to submit a request for mediation, the consumer has a claim form available on the mediator's website.

The parties of the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator. 

Article 18- Jurisdiction

 In the absence of an amicable agreement, you can seize the court for any dispute relating to the existence, interpretation, conclusion, performance or breach of contract as well as all documents related to this contract.

 The competent court will be that of the place of residence of the defendant Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the item or the performance of the service (Article 46 of the Code of Civil Procedure).

Article 19- Applicable right

This contract and the GTC that are governing it are subject to French law.