General Conditions of Sale and Information for Customers

Table of Contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery conditions
6. Legal Compliance & Warranty
7. Cashing in promotional vouchers
8. Applicable law, competent jurisdiction
9. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between a consumer or a professional and Precision Optique (hereinafter referred to as the "seller") and relating to the products and/or services presented by the seller on its online store. These GTC cancel all conditions imposed by the customer, unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who acts for purposes that are outside his or her commercial, industrial, craft or professional activity. The term "professional" used in these General Terms and Conditions means any natural or legal person who acts, including through another person acting in his or her name or on his or her behalf, for purposes that are within his or her commercial, industrial, craft or professional activity.

In these T&Cs, the term “customer” refers to both a consumer and a professional.

2) Conclusion of the contract

2.1 The product descriptions published in the Seller's online shop correspond to binding offers from the Seller. These can be accepted by the Customer in accordance with the process described below. order.

2.2 The customer can place an order and thereby accept the seller's offer by telephone, by post, by fax, by e-mail or by means of the order form integrated into the seller's online shop. When ordering via the online form, the customer, after entering the personal information relating to the order and clicking on the button completing the order ("Confirm order"), issues a declaration of binding acceptance of the offer relating to the goods contained in his order basket.

2.3 The seller sends the customer an acknowledgement of receipt (by post or electronically) of the order sent to him.

2.4 The text of the contract is archived by the seller and a copy is sent to the customer together with these General Terms and Conditions. This transmission takes place at the time of sending the order in text form (email, fax or letter). Furthermore, this document is also archived on the seller's website and can be requested free of charge by the customer via his password-protected account. However, the customer must have created an account on the seller's website before placing his order.

2.5 Before placing a firm and final order via the seller's online form, the customer has the possibility to correct the information entered using the usual keyboard functions. In addition, all the information communicated will be displayed again in a confirmation window just before the final validation of the order and can be corrected there in the same way.

2.6 Only the French language is authentic for the conclusion of the contract.

2.7 Order processing and contact are carried out by e-mail and via an automated order processing system. The customer must ensure that the e-mail address provided is correct for the purposes of order processing and so that he can receive e-mails sent by the seller. Furthermore, the customer must also ensure, in the event of the use of spam filters, that all e-mails sent by the seller himself or by third parties responsible for order processing can be received.

3) Right of withdrawal

Consumer customers have a right of withdrawal. Further details on the right of withdrawal can be found in the seller's information on exercising the right of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise provided in the product descriptions published by the seller, the prices indicated by the seller are final prices in euros, all taxes included (TTC). They therefore include value added tax (VAT). Additional delivery and shipping costs may however apply. They will, where applicable, be expressly indicated in the corresponding product description.

4.2 The customer can choose between the different payment methods displayed on the seller's website.

4.3 If an advance payment is agreed, this must be made immediately after conclusion of the contract.

5) Delivery conditions

5.1 Delivery of goods is regularly carried out by mail to the address indicated by the customer, unless otherwise agreed. The delivery address on the order processed and managed by the seller is the reference when executing the transaction.

5.2 If the transport company returns the goods to the seller due to the impossibility of delivering them to the customer, the costs incurred by the failed shipment will be chargeable to the customer. However, this will not apply if the customer has correctly exercised his right of withdrawal, if the customer is not responsible for the circumstances leading to the impossibility of delivering the goods, or if he has been temporarily prevented from receiving the delivery, unless the seller has notified him in advance of a reasonable delivery time.

5.3 In the event of collection by the customer, the seller will inform the customer by e-mail that the ordered goods are ready for collection. After receiving the e-mail, the customer can collect the goods from the seller's headquarters in agreement with the seller. In this case, the shipping costs will not be charged to the customer.

6) Legal Compliance & Warranty

6.1 The seller is liable for defects in conformity of the goods to the contract under the conditions of Article L.217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

6.2 The consumer has a period of two years from the delivery of the goods to take action. He can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. He is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For second-hand goods, this period is set at twelve months.

6.3 The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

6.4 The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he 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.

6.5 For any commercial guarantees, please consult the seller's website.

6.6 If the consumer wishes to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code, he may send it to the seller (Precision Optique, 9 rue Christine, 60340, Saint leu d'Esserent, E-Mail: contact@precisionoptique.com).

7) Cashing in promotional vouchers

7.1 Vouchers with a limited validity period, issued free of charge by the Seller as part of advertising campaigns which cannot be purchased by the Customer (hereinafter referred to as "promotional vouchers") are valid only in the Seller's online store and only within the period indicated on the voucher.

7.2 Promotional vouchers can only be used by consumers.

7.3 Certain products may be excluded from the promotional campaign but only if this restriction is explicitly contained on the promotional coupon.

7.4 Only one promotional voucher can be used per order.

7.5 Promotional vouchers can only be used before the order process is completed. A subsequent compensation or reduction is not possible.

7.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

7.7 If the value of the promotional voucher is not sufficient to cover the entire order, the customer may choose to pay the difference using other payment methods offered by the seller.

7.8 The value of the promotional voucher cannot be paid in cash and will not earn any interest.

7.9 The promotional voucher will not be refunded if the customer exercises his legal right of withdrawal and returns the goods paid for in full or in part with the promotional voucher.

7.10 The promotional voucher is transferable. The seller may deliver the goods to the person who has used the promotional voucher in the shop even if this person is not the original owner of the voucher. This does not apply if the seller is aware or is unaware through gross negligence of the lack of justification, legal incapacity or lack of authority to represent the original owner.

8) Applicable law, competent jurisdiction

8.1 If the customer is a consumer within the meaning of Article 1.2, any legal relationship between the contracting parties shall be governed by the law of the country where the customer has his habitual residence, excluding the United Nations International Commercial Law. The competent jurisdiction for any dispute in connection with this contract shall be exclusively that of the customer's habitual residence.

8.2 If the customer is a professional within the meaning of Article 1.2, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office, excluding the international commercial law of the United Nations. The competent jurisdiction for any dispute in connection with this contract is exclusively that of the seller's registered office.

9) Out-of-court dispute resolution

9.1 The European Commission provides a platform for out-of-court online dispute resolution under the following link: https://ec.europa.eu/consumers/odr .

In order to resolve disputes with a seller, consumers have the option of resorting to mediation through this European platform.

9.2 In accordance with the provisions of the Consumer Code, an amicable settlement also applies to cross-border consumer disputes. If the customer wishes to use the service of such mediation, he can consult the website of the Consumer Mediation Evaluation and Control Commission ( http://www.economie.gouv.fr/mediation-conso/commission ).

This website provides in particular the contact details of the European Consumer Centre France and information relating to the terms of assistance which the consumer can benefit from with a view to the out-of-court settlement of such cross-border disputes.

If the customer wishes to use the mediation service in the event of a dispute with the seller, he must first contact the seller in writing. The mediation service can only be used when an agreement with the seller has not been reached.