General Conditions of Online Sale – LE PETIT LUNETIER (en)

LEGAL NOTICES

These General Terms and Conditions of Sale (hereinafter the “ GTC ”) are offered by the company Le Petit Lunetier Paris , a simplified joint stock company with capital of €1,000, whose head office is located at 155 Rue de Charonne, 75011 Paris, registered with the Paris Trade and Companies Register under number 809676356 (hereinafter the “ Company ”).

His email address is contact@lepetitlunetier.com

The Company is the owner and publisher of the website http://www.lepetitlunetier.com (hereinafter the “ Site ”). The Site is hosted by Shopify Inc, domiciled at the following address: Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.
The publication director of the Site is Elie Attias.

 

APPLICATION AND ENFORCEABILITY OF THE GTC

Through its Site, the Company offers the customer (hereinafter “ the Customer ”) the possibility of purchasing various optical products (the “ Products ”) including in particular frames with solar lenses or lenses against blue light (without correction).

The Company also offers for sale frames with corrective lenses subject to the transmission of a prescription from the Customer which will be processed by a qualified optician responsible for processing prescriptions, ordering lenses and assembly.
The qualified optician in charge of the company is Elie Attias, president and founder of the company. He can be reached by email, mail or telephone, for any request for advice or quote.

Email: contact@lepetitlunetier.com

Mail: Le Petit Lunetier, Customer Service, 155 rue de Charonne, 75011 Paris, France

Phone: 07 69 66 21 51

 

The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the Products to Customers. They therefore apply to any order (hereinafter the " Order ") for Products placed on the Site by any customer registered on the Site (hereinafter the " Customer ").

The Customer declares having read and accepted these General Terms and Conditions before placing his Order. Validation of the Order therefore constitutes acceptance of the General Terms and Conditions.

 

ORDERING PRODUCTS ON THE SITE

The Customer selects the Product he wishes to purchase, and can access the summary of his Order at any time before confirming it.

The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s). The Customer has the possibility to modify his Order and correct any errors before proceeding with the acceptance of his Order.

The Customer proceeds to confirm his Order after having provided his billing information and delivery preferences.

The Company will send the Customer a confirmation email in the form of a purchase invoice containing the elements of the summary of his Order and, where applicable, informing him of the confirmed date for the performance of the Service. Sending this confirmation email formalizes the contractual commitment between the Company and the Customer.

 

PRICE AND CONDITIONS OF PAYMENT OF THE ORDER

Prices are mentioned on the Site in the Product descriptions, in euros and all taxes included.

The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates their Order, enters and validates their billing details and proceeds to payment.

The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, only by bank card or by Paypal payment, unless special payment conditions are expressly accepted by the Customer and the Company.

The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen when placing the Order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed 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.

For any request for adaptation to sight, a quote is provided free of charge to the customer prior to the conclusion of the sale.

FEES ASSOCIATED WITH PAYMENT IN 3 INSTALLMENTS

As of February 12, 2022, payment in 3x or deferred by 30 days involves fees that are charged to customers within the limit of the usury rate.
For these 2 payment methods, the fees to be paid by the customer are 1.5% of the purchase amount .

REMAINING CHARGE 0 (RAC 0) - 100% HEALTH

Le Petit Lunetier offers a selection of frames that comply with 100% Health regulations, allowing 100% coverage by social security.
You can find this offer in this category: 100% Health Offer

By placing an order on our website lepetitlunetier.com outside of this 100% Health category, you are ordering frames and lenses known as Basket B, corresponding to the free offer of the standardized quote.

For any additional requests or questions, our customer service can be reached from Monday to Friday from 9 a.m. to 5 p.m., by email: contact@lepetitlunetier.com

AVAILABILITY AND DELIVERY

• Product Availability

Product availability information is provided at the time the order is placed.

Errors or modifications may occur exceptionally, particularly in the event of a stock shortage at a supplier of the Company due to too many orders for the same Product.

In the event of unavailability of a Product after the order has been placed, the Company will inform the Customer as soon as possible, offering to either order another Product or cancel the order.

• Delivery of Products

The Products may be delivered in Metropolitan France or in the countries indicated on the Site when placing the Order. Outside these delivery areas, the Company will be entitled to refuse the order or to accept it after estimating the shipping costs associated with this delivery.

In the event of a delay in delivery due to unforeseeable circumstances, the Company will inform the Customer of the additional delivery time required. In the event of non-delivery by the end of the agreed additional time, the Customer may cancel his order by sending a registered letter with acknowledgement of receipt.

The Customer must ensure that the information provided to the Company is correct, and that it remains so until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of any change of contact details that may occur between the order by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or error, the Customer may not hold the Company liable under any circumstances.

The Company will also not be liable if non-receipt of the Product is due either to an unforeseeable and insurmountable event or to a case of force majeure.

In the event of a delivery incident, or a product indicated as delivered by the carrier but not received by the customer, for any order of an amount greater than €200, a certificate of theft or complaint for theft may be requested from the customer in order to proceed with the reshipment of their order.

 

CUSTOMER SERVICE

For any request for information, clarification or for any complaint, the Customer must contact the Company's customer service as a priority, in order to allow the latter to try to find a solution to the problem. The Company's Customer Service is accessible from Monday to Friday, from 9 a.m. to 5 p.m. using the following contact details:

• Email: contact@lepetitlunetier.com
• Mail: Le Petit Lunetier, 155 rue de Charonne, 75011 Paris , France
• Phone: 07 69 66 21 51

Bloctel

"In accordance with Article L.223-2 of the Consumer Code, you have the right to register on the Bloctel telephone canvassing opt-out list, available on the website www.bloctel.gouv.fr . This registration allows you to refuse any telephone canvassing from companies with which you do not have an ongoing contractual relationship."

Health insurance and social security reimbursement

All information relating to reimbursement is available on the dedicated page: https://lepetitlunetier.com/pages/remboursement-mutuelle

Do you support CMU patients?

Unfortunately, we do not do teletransmission for orders placed on the Internet (you have to flash your health insurance card to teletransmit your information to social security). We invite you to visit our stores, where we can do it without any worries.
If you validate an order on our website lepetitlunetier.com, it will automatically be considered and billed as a Basket B (health insurance insurance and social security documents will be sent with Basket B LPP codes).

 

LEGAL GUARANTEE OF CONFORMITY

Under the legal guarantee of conformity of articles L.211-4 et seq. of the Consumer Code, the Company undertakes, at the Buyer's choice, to reimburse or exchange defective Products or Products that do not correspond to the order, provided that the Customer acts within two (2) years from the delivery of the Product(s). The Buyer is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following delivery of the good.

Under the legal guarantee of hidden defects of article 1641 of the Civil Code, the Buyer has the choice between the resolution of the sale or the reduction of the sale price, in accordance with article 1644 of the Civil Code. If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.

E-COMMERCE MEDIATOR

In accordance with current legislation, we provide you with a free mediation service in the event of a dispute.

The buyer can submit the dispute to the consumer mediator CM2C (Consumer Mediation Center of Justice Conciliators).

You can submit your request to this address:
https://www.cm2c.net/declarer-un-litige.php
Indicate this information:
SIRET: 80967635600052

Then 'Choose this professional'

Then complete with your information.

AGEC LAW:

Unique ID number: FR304668_03VVGA

RIGHT OF WITHDRAWAL

In accordance with Articles L.121-18 et seq. of the Consumer Code, the Customer has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to provide reasons or pay a penalty.

To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous statement, without providing reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending a letter to the Company at the following address: Le Petit Lunetier, Customer Service, 155 rue de Charonne, 75011 Paris , France

The Customer may use the withdrawal form reproduced at the end of these General Terms and Conditions to communicate his decision to withdraw or by any other unambiguous means expressing his wish to withdraw from his Order.

The Customer must return the Product(s) in the same condition in which they were received, and with all packaging, accessories and instructions (even if the Product(s) has/have been unpacked), as soon as possible and no later than 14 days from notification of the decision to withdraw from this contract, to the following address: Le Petit Lunetier, Customer Service, 155 rue de Charonne, 75011 Paris , France. The Customer shall bear the cost of returning the Product(s).

In the event of a proven defect on the order received, please contact us to have the defect noted and send you a prepaid return slip. No refund by transfer or other means can be made if you return the order by your own means.

The Customer is invited to indicate the reason for return/withdrawal, in order to help the Company improve its service.

In the event of withdrawal by the Customer, the reimbursement of the Product(s) which was (were) the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the Customer. The reimbursement is made as soon as possible, and at the latest 14 days from the day on which the Company is informed of the Customer's decision to withdraw from his Order.

In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that his liability is only incurred with regard to the Company for a depreciation of the Product(s), returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of goods made according to the consumer's specifications or clearly personalized. In this regard, frames with corrective lenses ordered on the Site may not be subject to any withdrawal.

 

GIFT CARD

Le Petit Lunetier allows you to buy gift cards. They are transferable and can be given as gifts.
They are refundable for 14 days after their purchase if and only if they have not been used for a previous purchase.
In the event of a product return, they give rise to a credit on a future order or exchange for a product of the same price.

CUSTOMER OBLIGATIONS

The Customer undertakes to comply with the terms of these General Terms and Conditions.

The Client undertakes to use the Site in accordance with the Company's instructions.

The Customer agrees that he/she will only use the Site for his/her personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:

 

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
• To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
• To infringe the Company’s intellectual property rights and/or to resell or attempt to resell the products to third parties.
• To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

If, for any reason, the Company considers that the Client does not comply with these General Terms and Conditions, the Company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal legal action against it.

RESPONSIBILITY​

The Company implements all measures to ensure that the Customer is provided with quality Products under optimal conditions. However, it may not be held liable under any circumstances for any damage that is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure.

The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements or their contents. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the product(s) and other information disseminated on these websites.

It is expressly stipulated that the Company may not under any circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to anti-spam, electronic mail sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipping tracking email. 

 

INTELLECTUAL PROPERTY

All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.

The name and brand of the Company, the logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

No title or rights to any material or software will be obtained by downloading or copying any material from this Site. The Customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the material and software contained therein, nor from modifying or making any work based on it, nor from selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the company names, trademarks and distinct signs belonging to the Company is strictly prohibited except in the event of express prior agreement from the Company.

RESALE OF LE PETIT LUNETIER PRODUCTS

The resale of 'Le Petit Lunetier' products is strictly prohibited. Our products are only available on our website lepetitlunetier.com, and certain shops or businesses that have received a special written agreement from us.

APPLICABLE LAW AND JURISDICTION

These T&Cs are governed by and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

In the event of a dispute that may arise during the interpretation and/or execution of these General Terms and Conditions or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure, in particular with the Consumer Mediation Commission (Article L612-1 of the Consumer Code) or with existing sectoral mediation bodies, the references of which appear on the Site in particular or according to any other alternative dispute resolution method.

The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails or if the Client wishes to refer the matter to a court, the rules of the Code of Civil Procedure will apply.

Using SMS

LEGISLATION AND REGULATIONS APPLICABLE TO OPTICS AND EYEWEAR 

Here are the provisions applicable to optics and eyewear:

- Articles L4263-1 and following of the Public Health Code
- Order of July 23, 1996 relating to the estimate
- Decree of April 13, 2007, n°2007-553
- Articles L165-1 and following of the Social Security Code

In accordance with article R. 4362-14, you will find the regulations applicable to optics and eyewear accessible via the link below:
http://www.legifrance.gouv.fr/eli/decret/2015/10/2/AFSH1511324D/jo

- Link to the website of the National Agency for the Safety of Medicines and Health Products mentioned in Article L. 5311-1, providing access to the reporting procedure provided for in Article L. 5212-2:

Le Petit Lunetier recommends that you consult an ophthalmologist every year to check your eyesight. Before purchasing on lepetitlunetier.com, you must have a medical prescription less than three years old (or less than one year old for a person under 16).

To find an ophthalmologist near you, a list is available on these sites:

- From the national council of the order of physicians: www.conseil-national.medecin.fr
- Ophthalmologists: www.ophtalmologiste.com

APPENDIX

WITHDRAWAL FORM

This form must be completed and returned only if the Customer withdraws from the order placed on the site http://www.lepetitlunetier.com unless there are exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

A withdrawal form is available at this url:

https://lepetitlunetier.com/pages/formulaire-de-return

Otherwise, the form can be completed on plain paper with this information:

For the attention of Le Petit Lunetier, Customer Service, 155 rue de Charonne, 75011 Paris , France

I hereby notify the withdrawal of the contract relating to the ordered provision of services below:

 

Order of ..../..../........(date)

 

Order number: ………………………………………………………………………

 

Customer Name:

:…………………………………………………………………………..………………………………………………… ……………………………

 

Customer address:

…………………………………………………………………………..…………………………………………………… ………………………… …………………………………………………………………………..………………………… ……………………………………..

…………………………………………………………………………..…………………………………………………… …………………………

 

 

Customer Signature