General conditions of sale
Preamble
The present general conditions of sale apply to all sales concluded on the website www.central vision.fr and define the relationship between our company, Central Vision, a SARL with a share capital of 20,000 euros, whose registered office is located at 90 rue de la Haie Coq bat 244 93300 Aubervilliers France, and registered in the Trade Register under number 479 287 377, and the professional customer, who concludes a purchase agreement with us.
The centralvision.fr website is a service of the company Central Vision which markets the following products: optical frames, sunglasses, pre-mounted magnifying glasses and related accessories and which is intended exclusively for professional customers. The customer declares that he/she has read and accepted the general conditions of sale prior to placing his/her order.
Validation of the order therefore implies acceptance of the general sales conditions.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale prevail over any other document and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sales sector whose companies are based in France. The present general conditions of sale are communicated to any buyer who requests them, in order to enable him to place an order. The present general terms and conditions of sale are applicable until 31 December 2023.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale of goods and products offered by the seller to the buyer.
The present conditions only concern purchases made on this website and delivered exclusively in metropolitan France. For any delivery outside France, it is advisable to indicate it in order to obtain a specific estimate.
Article 3 - The order
The buyer places his order online, from the online catalogue and by adding products to the shopping cart.
Any validation of the order by the buyer implies acceptance of these general conditions.
The buyer must choose the address and the delivery method. Payment is made by bank transfer. Any order implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail or by phone. The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer can
- call the following number: + 33 (0)1 48 39 17 07 (cost of a local call), on the following days and at the following times: Monday to Friday, from 9am to 6.30pm,
- send an e-mail to the following address: centralvision@wanadoo.fr
Article 4 - Payment
The provision of the buyer's bank details and the final validation of the order shall be deemed proof of the buyer's agreement. This will allow the seller to obtain the payability of the sums due under the purchase order and will be considered as a signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the purchaser is invited, as soon as this use is noted, to contact the seller by calling the following number: + 33 (0)1 48 39 17 07, or by sending an e-mail to the following address: centralvision@wanadoo.fr
Article 5 - Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery. This confirmation is materialised by the invoice.
Article 6 - Proof of the transaction
The eletronic registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 - Product information
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Our ROSALBA frames comply with the NF and European standard EN ISO 12870:2016.
Our CENTRAL VISION sunglasses comply with the NF and European standard EN ISO 12312-1:2013/AMD 1:2015 and the European Directive 89/686/EEC.
Article 7 - Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition.
The prices of the products are indicated in :
- excluding of tax with the mention " HT "
- all taxes included with the mention "TTC".
The payment of the totality of the price including all taxes must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
Article 9 - Method of payment
Payment
This is an order with a payment obligation, which means that the placing of the order implies a payment by the buyer. The payment of the order is made only by bank transfer from the buyer's bank account to the seller's bank account. The buyer will be contacted by the seller to proceed with the payment of the order. The seller reserves the right to suspend all order processing and deliveries in the event of refusal of payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full for a previous order or with whom a payment dispute is being administered.
The price is payable in full and in one payment before the order is dispatched. The payment date will be mentioned on the invoice sent to the buyer.
Article 10- Product availability
Except in cases of unforseen event or during periods of closure clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of payment of the order indicated on the sales invoice.
For all deliveries in France (metropolitan France and Corsica), the delivery time is between 24 and 48 hours from the day following the day on which the buyer paid for the order. For any delivery in the DOM-TOM or outside France, it is advisable to indicate it to obtain a specific estimate.
In case of delay, the seller cannot be held responsible, for whatever reason. Consequently, no claim for compensation, of any kind whatsoever, may be made by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order.
Article 11 - Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
It is provided within the period specified in Article 10, as of the receipt by the seller of the payment of the order.
From the moment of delivery, the buyer becomes the custodian of the products/goods shipped. The goods are transported at the recipient's risk, and it is the recipient's responsibility to check the following parameters upon receipt of the delivery: the condition, number and weight of the packages, and if necessary to make reservations or complaints to the carrier, who is solely responsible.
In general, the seller shall not be held responsible for the following events: delays or damage due to strikes, forced closures, climatic disasters or other circumstances or cases of force majeure likely to hinder the normal execution of deliveries, theft, loss, deterioration or destruction occurring during delivery.
In case of export, the goods will have to be collected from our shop and the carrier will be the sole guarantor of his shipments.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense.
Article 12 - Delivery errors
The purchaser must make any claim of delivery error or non-conformity of the products in kind or in quality compared to the indications on the order form to the seller on the day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option :
- by calling the following number: + 33 (0)1 48 39 17 07 (cost of a local call), on the following days and at the following times: Monday to Friday, from 9am to 6.30pm,
- by sending an e-mail to the following address: centralvision@wanadoo.fr
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will exchange the product(s) concerned and will communicate the terms of exchange by e-mail or by telephone to the buyer.
In the event of error of delivery or exchange, any product to be exchanged will have to be turned over to the salesman as a whole and in its packing of origin, in Colissimo Recommandé, with the following address Central Vision, 90 rue de la Haie Coq, Bâtiment 244, 93300, Aubervilliers, France.
The return costs are at the expense of the buyer.
Article 13 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault on the part of the buyer.
The purchaser cannot be held responsible for the breakage or damage of the products carried, or deteriorated during assembly, disassembly or adjustment in the customer's workshops. No article will be exchanged following the application of solvents, strippers, detergents or abrasives. Normal wear and tear or obsolescence of a product does not entitle the customer to an exchange.
In any case, in the event that the seller's responsibility is retained, the seller's guarantee is limited to the amount paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal
As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer legislation.
The seller does not take back or exchange unsold products from the buyer.
Article 15 - Unforseen Circumstances
All circumstances beyond the control of the parties, preventing the execution of their obligations under normal conditions, shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance. All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses shall retain all their force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
The present general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court.
Article 19- Collection of personal data
Data collected:
The personal data collected on this site are the following:
- Account opening: when the user's account is created, his/her name, first name, e-mail address, telephone number, postal address, VAT number or SIRET number;
- Connection: when the user connects to the website, the user records, in particular, his surname, first name, connection data, usage data and location data.
- Profile: the use of the services provided on the website allows the user to enter a profile, which may include a surname, a first name, an e-mail address, a telephone number, a postal address, a VAT number or SIRET number;
- Payment: in the context of the payment of products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
- Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment:
- Access and use of the website by the user;
- Management of the operation and optimisation of the website;
- Organisation of the conditions of use of the payment services;
- Verification, identification and authentication of data transmitted by the user;
- Implementation of user support;
- Personalisation of services by displaying advertisements according to the user's browsing history and preferences;
- Prevention and detection of fraud, malicious software and management of security incidents;
- Management of possible disputes with users:
- Sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- When the user publishes publicly accessible information in the free comment areas of the website:
- When the user allows the website of a third party to access his/her data;
- When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in the course of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations] ;
- If required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Enforcement of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise:
- They can update their data by logging into their account and configuring the settings of this account;
- They can delete their account, by writing to the following email address: centralvision@wanadoo.fr ;
- If the personal data held by the website is inaccurate, they can request that the information be updated by writing to the following email address: centralvision@wanadoo.fr ;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: centralvision@wanadoo.fr.