Terms & Conditions

LEGAL INFORMATION

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 registered office is located at 155 Rue de Charonne, 75011 Paris, registered with the Paris Trade and Companies Register under number 809676356 (hereinafter the "Company").

Its email address is contact@lepetitlunetier.com

The Company owns and publishes 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 to purchase various optical products (the "Products") including frames with sunglasses lenses or blue-light filter lenses (non-prescription).

The Company also offers frames with prescription lenses for sale subject to the transmission of a prescription by the Customer, which will be processed by a qualified optician responsible for processing prescriptions, ordering lenses and assembly, as well as custom sunglasses lenses without prescription.

The qualified optician-eyewear specialist responsible for processing prescriptions and dispensing prescription lenses ordered on lepetitlunetier.com is Elie Attias, co-founder and President of the company, registered in the Shared Directory of Health Professionals under RPPS number 810008501776.

He can be reached for any advice request or free 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 GTC 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 GTC before placing their Order. Validation of the Order therefore constitutes acceptance of the GTC.

ORDERING PRODUCTS ON THE SITE

The Customer selects the Product they wish to purchase, and can access a summary of their Order at any time before confirming it.

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

The Customer confirms their Order after providing their 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 their Order summary and communicating, where applicable, 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 PAYMENT CONDITIONS FOR THE ORDER

Prices are shown on the Site in the Product descriptions, in euros and including all taxes.

The total amount is shown in the Order summary, before the Customer accepts these GTC, validates their Order, provides and validates their billing details and proceeds with payment.

Orders for Products on the Site are payable in euros. Full payment must be made on the day of the Order by the Customer, only by bank card or PayPal payment, except for special payment conditions expressly accepted by the Customer and the Company.

The Customer guarantees to the Company that they have 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 default or partial payment of any amount 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 payment of an Order.

In accordance with the order of 28 April 2017 as amended and Article R.4362-14 of the Public Health Code, a detailed standardized quote is provided to you free of charge prior to the conclusion of any sale of prescription lenses or prescription contact lenses, whether an initial order or a renewal. This quote distinguishes the 100% Health offer (Class A) and the free-price offer (Class B), and details prices, services and reimbursement terms.

FEES ASSOCIATED WITH 3-INSTALLMENT PAYMENT

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

ZERO OUT-OF-POCKET (RAC 0) - 100% HEALTH

Le Petit Lunetier offers a selection of frames compliant 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 this 100% Health category, you are ordering frames and lenses referred to as Basket B, corresponding to the free offer of the standardized quote.

For any additional request or question, our customer service can be reached Monday to Friday from 9am to 5pm, by email: contact@lepetitlunetier.com

AVAILABILITY AND DELIVERY

  • Product Availability

Product availability indications are provided at the time of order placement.

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

In the event of Product unavailability after order placement, the Company will inform the Customer as soon as possible, proposing either to order another Product or to cancel the order.

  • Product Delivery

Products can be delivered to mainland France or to the countries indicated on the Site when placing the Order. Outside these delivery zones, the Company will be entitled to refuse the order or to accept it after estimating the postage costs associated with this delivery.

In case of delivery delay due to unforeseeable circumstances, the Company will inform the Customer of the additional delivery time required. Failing delivery upon expiry of the agreed additional period, the Customer may cancel their order by sending a registered letter with acknowledgement of receipt.

The Customer must ensure that the information provided to the Company is correct, and remains so until complete receipt of the ordered Product(s). 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. Otherwise, in case of delay and/or error, the Customer cannot under any circumstances hold the Company liable.

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

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

When the Customer chooses a relay point delivery method, it is their responsibility to collect their order within the time period indicated by the carrier.

Failing collection within this period, the package is automatically returned to the Seller by the carrier. This situation constitutes neither an order cancellation nor the exercise of a right of withdrawal.

Prescription glasses sold by the Seller being custom-made according to the Customer's specifications and optical prescription, they are excluded from the right of withdrawal in accordance with Article L221-28 of the Consumer Code.

Upon receipt of the returned package, the Seller will proceed with a new free shipment of the order, according to the same delivery method initially chosen by the Customer (relay point).

Any new failure to collect during this reshipping may result in the billing of additional delivery fees or the impossibility of proceeding with a new shipment, without the Customer being able to claim a refund.

Proof of purchase and identification of the optician-eyewear specialist. In accordance with Article R.4362-14 of the Public Health Code, the proof of purchase that will be provided to you upon delivery of your order for prescription lenses or prescription contact lenses will specify the identity and RPPS number of the qualified optician-eyewear specialist who examined your request. The person responsible for processing online prescriptions is Elie Attias, qualified optician-eyewear specialist registered with RPPS under number 810008501776.

CUSTOMER SERVICE

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

Bloctel

"In accordance with Article L.223-2 of the Consumer Code, you have the right to register on the telephone canvassing opposition list Bloctel, available on the website www.bloctel.gouv.fr. This registration allows you to refuse any telephone canvassing from companies with which you have no current contractual relationship."

Mutual insurance and social security reimbursement

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

Do you accept CMU patients?

Unfortunately, we do not provide electronic transmission for orders placed on the Internet (the health card must be scanned to electronically transmit your information to social security). We invite you to visit our shops, where we can do so without any problem.
In the event that you confirm an order on our website lepetitlunetier.com, it will be automatically considered and invoiced as basket B (mutual 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 refund or exchange defective Products or Products not corresponding to their order, provided that the Customer acts within two (2) years from delivery of the Product(s). The Buyer is not required to provide proof of the existence of the conformity defect of the goods during the twenty-four (24) months following delivery of the goods.

Under the legal guarantee against hidden defects of Article 1641 of the Civil Code, the Buyer has the choice between cancellation of the sale or reduction of the sale price, in accordance with Article 1644 of the Civil Code. If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned.

E-COMMERCE MEDIATOR

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

The buyer may submit the dispute to the consumer mediator CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice).

You can submit your request at 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 identifier 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 their right of withdrawal from the Company, without having to justify reasons or pay any penalty.

To exercise their right of withdrawal from the Order, the Customer must notify their withdrawal decision by means of an unambiguous statement, without justifying reasons. The Customer may communicate their withdrawal decision to the Company by any means, particularly 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 GTC to communicate their withdrawal decision or by any other means, unambiguous, expressing their wish to withdraw from their Order.

The Customer must return the Product(s) in the same condition as when they received them, and with all packaging elements, accessories and instructions (even if the Product(s) has or have been unpacked), as soon as possible and at the latest within 14 days from notification of the withdrawal decision from this contract, to the following address: Le Petit Lunetier, Customer Service, 155 rue de Charonne, 75011 Paris, France. The Customer bears the costs of returning the Product(s).

In case of proven defect on the order received, please contact us to have the defect acknowledged and send you a prepaid return label. No refund by bank 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, to help the Company improve its service.

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

In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability to the Company is only engaged for depreciation of the Product(s), returned following exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of 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 manufactured according to the consumer's specifications or clearly personalized. In this regard, frames with prescription lenses or customized sunglasses lenses mounted to your prescription ordered on the Site cannot be subject to any withdrawal.

In the context of a purchase with the buy one, get one free offer: both items must be returned to obtain a full refund.
In case of return of only one item, it may be exchanged, but the order cannot be refunded if the 2 items from the offer are not returned.
This is valid on the website lepetitlunetier.com and in all Le Petit Lunetier shops in France.

GIFT CARD

Le Petit Lunetier allows the purchase of gift cards. They are transferable and can be offered 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 case of product return, they give rise to credit for a future order or exchange for a product of the same price.

CUSTOMER OBLIGATIONS

The Customer undertakes to respect the terms of these GTC.

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

The Customer agrees that they use the Site only for their personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:

  • Using the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these GTC.
  • Selling, copying, reproducing, renting, lending, distributing, transferring or sublicensing all or part of the content appearing on the Site or decompiling, reverse engineering, disassembling, modifying, displaying in a form readable by the Customer, attempting to discover any source code or using any software activating or comprising all or part of the Site.
  • Attempting to obtain unauthorized access to the Site's computer system or engaging in any activity disrupting, reducing the quality or interfering with the performance or deteriorating the functionalities of the Site.
  • Using the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to access the Site in an unauthorized manner.
  • Infringing the Company's intellectual property rights and/or reselling or attempting to resell products to third parties.
  • Disparaging the Site and/or products as well as the Company on social networks and any other means of communication.

If, for any reason whatsoever, the Company considers that the Customer does not respect these GTC, the Company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action against them.

LIABILITY

The Company implements all appropriate measures to provide the Customer with the supply, under optimal conditions, of quality Products. It cannot, however, under any circumstances be held liable for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure.

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

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

INTELLECTUAL PROPERTY

All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

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

No title or right of any kind to any element or software will be obtained by downloading or copying elements from this Site. It is formally forbidden for the Customer to reproduce (except for their personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and the elements and software it contains, nor modify them or perform any work based on them, nor sell or participate in any sale related to this Site, the elements of this Site or any software related thereto.

The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot 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 Customer of corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.

RESALE OF LE PETIT LUNETIER PRODUCTS

Resale of 'Le Petit Lunetier' products is strictly prohibited. Our products are only available on our website lepetitlunetier.com, and certain shops or businesses having received special written consent from us.


APPLICABLE LAW AND JURISDICTION

These GTC are governed and interpreted in accordance with French law, without regard to conflict of law principles.

In the event of a dispute that may arise in connection with the interpretation and/or execution of these or in relation to these GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure, particularly with the consumer mediation commission (Article L612-1 of the Consumer Code) or with existing sectoral mediation bodies, whose references appear on the Site in particular or according to any other alternative dispute resolution method.

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

In the event of failure of this mediation procedure or if the Customer wishes to bring a case before a court, the rules of the Code of Civil Procedure will apply.

REP number: 551648_LE PETIT LUNETIER: FR304668_03VVGA

Use of SMS

We use the 'Post Script' SMS service. By validating your order or entering your email, you may receive SMS, according to our usage policy (https://terms.pscr.pt/legal/shop/test-store20/terms_of_service) and privacy policy (https://terms.pscr.pt/legal/shop/test-store20/privacy_policy).

LEGISLATION AND REGULATIONS APPLICABLE TO OPTICAL-EYEWEAR

Here are the applicable provisions regarding optical-eyewear:

- Articles L.4362-1 et seq. of the Public Health Code
 - Order of 28 April 2017 as amended relating to information for the insured or their beneficiary on the conditions of sale of hearing aid equipment and optical-eyewear products and services
- Decree of 13 April 2007, No. 2007-553
- Articles L165-1 et seq. of the Social Security Code

In accordance with Article R. 4362-14, you will find accessible on the link below the applicable regulations regarding optical-eyewear:
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 vision. Before purchasing on lepetitlunetier.com, you must have a valid medical prescription:

- less than 1 year old if you are under 16;

- less than 5 years old if you are between 16 and 42;

- less than 3 years old if you are over 42.

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

CUSTOMER REVIEWS TRANSPARENCY

In accordance with Article L.111-7-2 of the Consumer Code, Le Petit Lunetier informs its customers of the methods for collecting, moderating and publishing customer reviews displayed on its platforms.

Origin of reviews: published reviews come exclusively from customers who have made a verified purchase from Le Petit Lunetier, solicited after receiving their order via our partner Trustpilot.

Verification: the customer's identity and the reality of the purchase are verified by our service provider before publication.

Moderation: reviews are published without modification. A review may be excluded or removed only if it contravenes the service provider's charter (defamatory content, abusive language, third-party personal information, off-topic content, spam attempt).

Consideration: no financial, commercial or in-kind consideration is offered in exchange for publishing a review, whether positive or negative.

Time period: displayed reviews cover the last 12 months of activity, unless otherwise stated.

Right of reply: Le Petit Lunetier reserves the right to respond publicly to any review in order to provide clarifications, clarify a misunderstanding or propose a solution.

Contact: for any dispute relating to a review or to exercise your rights on a review you have published, you can write to us at contact@lepetitlunetier.com.

ARTICLE – LEGAL GUARANTEES

Independently of any commercial guarantee that may be granted, the Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L. 217-3 et seq. of the Consumer Code, as well as for hidden defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

In accordance with regulations, the provisions relating to these legal guarantees are reproduced in the box below:

The consumer has a period of two years from delivery of the goods to implement the legal guarantee of conformity in the event of appearance of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days following their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by having a full refund against return of the goods, if:

The professional refuses to repair or replace the goods;

Repair or replacement of the goods occurs after a period of thirty days;

Repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer permanently bears the costs of collection or removal of non-conforming goods, or if they bear the costs of installation of the repaired or replacement goods;

The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods or termination of the contract when the conformity defect is so serious that it justifies the price reduction or termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the conformity defect is minor.

Any period of immobilization of the goods for repair or replacement suspends the guarantee that remained to run until delivery of the repaired goods.

The seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of €300,000, which may be increased to up to 10% of average annual turnover (Article L. 242-1-1 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from discovery of the defect. This guarantee entitles to a price reduction if the goods are kept or to a full refund against return of the goods.

Important note regarding optical products:

The legal guarantee of conformity applies to manufacturing defects (e.g.: frame defect, correction error compared to the prescription provided, lens treatment failure without external cause). It does not cover accidental breakage, scratches on lenses resulting from use, or normal wear of materials (e.g.: natural oxidation, screws loosened by use) occurring after delivery of the product

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 except exclusion or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

A withdrawal form is available at this url:

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

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

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

I hereby notify the withdrawal from the contract for the service ordered below:

Order dated ..../..../........(date)

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

Customer name:

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

Customer address:

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

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

Customer signature