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TERMS & CONDITIONS

 

Article 1 – Legal Mentions

ACUITIS is a simplified joint stock company with share capital of 1,510,000 euros, whose headquarters is located at 55, avenue Victor Hugo, 75116 Paris, France and registered at the Commerce and Business Registry of Paris under number 517 780 870, whose intercommunity VAT number is FR45517780870, and registered with the Fichier National des Professionnels de Santé (FNPS) under number 752612812 with the Caisse Primaire d'Assurance Maladie.

Director of publication: Jonathan Abittan

Customer service number: 01 42 77 75 22

The site is hosted on the servers of Amazon Web Services in Ireland.

ACUITIS is the editor and operator for websites www.acuitis.com, www.acuitis.lu and www.acuitis.com (designated hereafter as the “Site” or the “Sites”) whose purpose is the sale of optical products. This activity is exercised in strict application of the regulatory framework of the profession of optician and glasses manufacturer. As such, ACUITIS has a team made up of certified French opticians. This team may be reached by email at the address serviceclient@acuitis.com and by telephone at XXX, from 10 AM to 6 PM, Monday through Friday. ACUITIS also has a network of facilities in France, Luxembourg and Switzerland.

The legislation and regulations applicable in the domain of optical products and eyewear may be viewed at the site of Légifrance.

The Customer may also access the website of the Agence Nationale de Sécurité du Médicament and of Produits de Santé mentioned in article L. 5311-1 of the Public Health Code, granting access to the procedure of notification specified in article L. 5212-2 of the same code.

Article 2 – General information

The present terms and conditions define the conditions for use of the Sites and the conditions of purchasing products and services by an Internet user on these Sites.

Any creation of an account and/or order on the Site is deemed as express acceptance, without reserve, of the present terms and conditions, without this acceptance being contingent upon handwritten signature by the Customer.

At the time of order placement, the Customer declares that it has become familiar with the present terms and conditions and accepted the rights and obligations related thereto. 

ACUITIS will be able to suspend an order and the Customer account, and cancel said Customer account in case of non-respect by the Customer of the present terms and conditions, without prejudice to any damages that ACUITIS could seek.

Article 3 – Identification of the Customer

By placing an order on one of the Sites, the Customer certifies:

That he is over age 18,

That he is in possession of a valid medical prescription for eyeglasses with prescription lenses, and that said prescription was given to him by an ophthalmologist within the preceding thirty-six months for a wearer over age 16, or within the preceding twelve months for a wearer under age 16. This prescription will have to be sent to ACUITIS at the time of order placement in order to validate it. Until ACUITIS has received the medical prescription, delivery will be suspended unless the customer provides, through the Customer Service department, a sworn declaration justifying that sale of the products requested is not subject to a medical prescription.

Only Customers who are natural persons and not merchants, may purchase products on the Sites.

To make a purchase on one of the Sites, the Customer must first create an account with a personal identifier and a password. Any order placed using this personal information is deemed as having been done by the Customer and obligates him to settle payment for said order. In case this information is lost, the Customer must immediately notify ACUITIS, which will then block the account of the concerned party or provide him with a new password.

Article 4 – Conditions of ordering on the Site

The Customer guarantees that he is fully authorized to use his bank card or his PayPal account to pay for his order, and that this bank card or PayPal account provide access to sufficient funds to cover all costs resulting from purchase of the products on the Sites.

After having placed items in his shopping cart on one of the Sites, a summary of the products and services selected is presented to the Customer in the form of an estimate. The Customer accepts this estimate in conformity with legal provisions, by clicking on the “Valider et payer” (validate and pay) button. The order will only be definitive after payment of the corresponding price, subject to transmission of a valid prescription by the Customer and acceptance of his order by ACUITIS.

The act by the Customer of clicking on the “Valider et payer” button constitutes an electronic signature which has, between ACUITIS and the Customers, the same value as a handwritten signature and is deemed as proof of the entire order and of the necessity for payment of the amounts due in execution of said order.

Subject to available stocks and receipt of a valid prescription, ACUITIS will confirm the order of the Customer by email, and then shipment of the order, so that the Customer can track it during transport.

Article 5 – Measurements of pupillary distance

So that the order for prescription lenses is valid, the Customer must send ACUITIS the corrections indicated on the medical prescription intended for the wearer of prescription eyeglasses, as well as the measurement of his pupillary distance, or provide the ACUITIS opticians with documents making it possible to know this measurement or calculate it.

The Customer may obtain the measurement of his pupillary distance:

At the time of a visit to an ophthalmologist,

From the last optician who supplied his eyeglasses, or sometimes on the card or invoice provided by the optician with the measurement of his pupillary distance (sometimes indicated by EP for “Ecarts Pupillaires” or PD for the term “Pupillary Distance”),

By using the tool to measure pupillary distance on the Site, by following the instructions under the heading “Votre écart pupillaire” (your pupillary distance),

By visiting one of our Maisons ACUITIS so that our opticians can take this measurement.

In case of difficulty with measuring pupillary distance, the Customer may contact the customer service department of ACUITIS at 01 42 77 75 22.

Article 6 – Prices, terms of payment and security

All prices of products are indicated in euros (€), including all taxes for France and Luxembourg, and in Swiss Francs (CHF) excluding duties for customs clearance for Switzerland.

The terms of payment are specified, at the latest, at the start of the order process.

In case of modification of the rate of VAT, the price shall be automatically modified without any other prior notice than the effective date for payment of the new rate of VAT.

ACUITIS only delivers to Continental France, Luxembourg and Switzerland, and shipping is free-of-charge.  

Orders are payable immediately by bank card or by PayPal account in the currency of the Site, i.e. in Euro for France and Luxembourg and in Swiss Francs for Switzerland.

Acuitis does not accept Third-party Payers for its online sales, but you may benefit from this service by going directly to one of our Maisons (business locations).

Article 7 – Security

ACUITIS has implemented a verification procedure to prevent fraudulent use of bank card information to place orders on the Sites. Within the framework of this verification, the Customer may be asked to send ACUITIS (by fax, postal mail or email) a copy of both sides of his piece of identification (national identification card or passport) as well as proof of domicile dating back less than 3 months.

The order will only be able to be validated and the merchandise will only be able to be sent after verification of the documents provided. ACUITIS will reimburse the order in case the documents are not received or in case the documents received are not suitable.

ACUITIS entrusts the security of its transactions to PaySafe. The Site is protected by one of the best systems of securitization currently available. It has adopted the SSL (Secure Socket Layer) encryption process in order to protect, as effectively as possible, all sensitive information related to means of payment. ACUITIS never has access to confidential information relative to the means of payment. Only the approved service provider has confidential information (card number, date of validity), which may not be accessed by a third party.

Article 8 – Quality Control

We verify that our eyeglasses with prescription lenses and our sunglasses respect EC standards.

Article 9 – Conformity of products and services, unavailability

ACUITIS will put forth its best effort for the photographic representation of the products or services on the Site to resemble the products and services themselves as closely as possible.  However, given the manner of digital presentation of the products and services on the Internet, it is possible that the perception of the photographic representation of the products and services by the Customer does not correspond exactly to the product or service itself. The Customer has the possibility of visiting one of the Maisons ACUITIS to try the products.

In case of non-conformity of the product delivered to the Customer (the product delivered is different from that which was ordered, for example when there is a difference of model, colour or prescription), the customer will be able to return the product to ACUITIS.

In application of the provisions of articles L 211-4 et al of the Consumer Code, in case of non-conformity of the products, the Customer then has the option:

Of requesting repair of the product, unless it results in a cost that is clearly disproportionate,

Of requesting replacement of the product by asking to receive a product of equivalent quality and price, to the limit of available stocks,

If repair and replacement of the product is not possible, the Customer has the option of returning the product and being reimbursed the price of the product ordered, at no expense to the Customer. The Customer will then be reimbursed in the 30 days following his request, and provided that ACUITIS has received the returned products in question, by using the retraction form available here.

The charges for return of the responsibility of the customer, but may be reimbursed by Acuitis upon simple request.

In case of damage related to transport, if the package was damaged, the Customer must refuse the package at the time of delivery, or obtain a damage certificate from the transporter. In any event, the customer will also be able to return the product to ACUITIS.

The Customer then has the option:

>Of either receiving a product of equivalent quality and price, to the limit of available stocks,

Or of being reimbursed the price of the product ordered in the 30 days following his request, by using the retraction form available here.

The shipping charges for a new product will be the responsibility of ACUITIS.

The Customer must absolutely send his complaint, following receipt of the package, by email to serviceclient@acuitis.com or by postal mail to the address:

ACUITIS - Service Client

55, avenue Victor Hugo

75116 Paris

FRANCE

Any complaint made after this timeframe shall be rejected and ACUITIS shall be released from all liability.

Within the same timeframe, the Customer must return the merchandise to the following address:

ACUITIS - Service Retour

55, avenue Victor Hugo

75116 Paris

FRANCE

The product must be sent in the following manner:

Properly protected, in its original packaging, accompanied by all accessories, user guides and documentation,

Accompanied by the sale invoice so as to permit ACUITIS to identify the customer (order no., last name, first name, address) and to issue the corresponding credit/reimbursement (purchase amount reimbursed, excluding eventual shipping charges),

Without the product having been obviously used for a period of time, i.e., provided that the products bear no sign of prolonged use surpassing the time necessary for them to be tested.

The return must be sent by tracked delivery. ACUITIS will reimburse the charges for return shipment upon simple request (to the limit of the standard price in effect) after receipt of the returned merchandise, subject to respect of the provisions above (notably, those related to the condition of the products and their packaging). COD returns are not accepted.

If the shipping conditions above are not respected, ACUITIS will be unable to grant a reimbursement for the merchandise concerned.

Article 10 – Delivery Location

At the time of order shipment, ACUITIS informs the Customer by email. The package includes a delivery slip. ACUITIS will also send the Customer, by postal mail, the original invoice in duplicate, as well as all documents necessary for reimbursement by supplemental insurance plans.

The products or services will be remitted to the address that the Customer has indicated during the ordering process.

Information about deliveries is sent by email to the email address indicated by the Customer during the ordering process.

For any order not received at the address indicated, the charges for shipping the package to the new address shall be the responsibility of the Customer, for example, when the package was not claimed by the Customer, or when the delivery address stated in the file is incomplete or invalid, resulting in return of the package to the facility of ACUITIS.

The delivery of prescription eyeglasses requires receipt beforehand, by any means (electronic, fax or paper), of a prescription issued by an ophthalmologist, as indicated in Article 3. The delivery of products will be suspended if ACUITIS does not receive this prescription.

Article 11 – Delivery Timeframe

Upon receipt of payment and the necessary information (prescription and pupillary distances) to create the eyeglasses, ACUITIS will make every effort to deliver an order of eyeglasses with corrective lenses within a period of 10 days (TRUE?) and agrees, in any event, that this delivery timeframe will be a maximum of 30 business days following completion of the order for the product or service. Upon receipt of the necessary information, ACUITIS will provide the Customer with an estimated delivery date, subject to available stocks.

Any order not respecting the process (order by postal mail…) defined may result in the absence of processing by our departments or an additional timeframe for delivery.

To the extent possible, and notably when the delay in delivery is attributable to ACUITIS, the Customer will be notified by email about the delay of his order and the estimated timeframe for delivery.

Otherwise, and notably when the delivery delay is attributable to the transporter, the Customer may contact the Customer Service department of ACUITIS, whose contact information is provided under the heading “Contact” of the website in Article 1 of the present Terms and Conditions of Sale.

The Customer has the option of cancelling his order if delivery has not occurred within the seven business days following the delivery date indicated by ACUITIS, unless this late delivery is due to a case of force majeure as intended by established precedents from the French Courts.

In the 30 business days following the request for cancellation by the Customer, ACUITIS will request that its bank reimburse the Customer.

Each delivery is deemed as completed once the product or service has been made available to the Customer, notably by the transporter, demonstrated by the control system used by the transporter (such as the delivery tracking system proposed on the website of Chronopost or of UPS).

Without prejudice to the Customer’s right of retraction specified in article 12 hereafter, it is the Customer’s responsibility to check the shipments upon arrival and to state all reservations and complaints that appear justified, or even refuse the package if it appears to have been opened or if it appears to be damaged. Said reservations and complaints must be sent to the transporter by registered letter with confirmation of receipt within the three business days following the delivery of the products, and a copy should be immediately sent to ACUITIS to its Customer Service department.

Article 12 – Right of retraction

For all products sold as-is (magnifying lenses, screen glasses, sunglasses without prescription) the Customer has a right of retraction of 14 days, following receipt of the goods, in conformity with article L.121-21 of the Consumer Code, without having to provide a reason or pay penalties, with the exception of the expense for return in a tracked package guaranteeing their return in their original condition. When the deadline for retraction expires on a Saturday, Sunday, a legal holiday or a day not worked, it is extended to the first following business day.

The Customer may exercise his right of retraction using the contact form accessible here [link to the retraction form], by email to the address serviceclient@acuitis.com, or by postal mail sent to the following address:

ACUITIS - Service Client

55, avenue Victor Hugo

75116 Paris

FRANCE

The Customer must then return the merchandise within a maximum of 14 days to the following address:

ACUITIS - Service Retour

55, avenue Victor Hugo

75116 Paris

FRANCE

The product must be sent in the following manner:

Properly protected, in its original packaging, accompanied by all accessories, user guides and documentation,

Accompanied by the sale invoice so as to permit ACUITIS to identify the customer (order no., last name, first name, address) and to issue the corresponding credit/reimbursement (purchase amount reimbursed, excluding eventual shipping charges),

Without the product having been obviously used for a period of time, i.e., provided that the products bear no sign of prolonged use surpassing the time necessary for them to be tested.

The return must be sent by tracked delivery. Shipping expenses for the return are the responsibility of the Customer. COD returns are not accepted. If the shipping conditions above are not respected, ACUITIS will be unable to grant a reimbursement for the merchandise concerned.

The reimbursement will be completed by ACUITIS within a period of 30 days following the date on which the right of retraction has been exercised, by the same mode of payment that the Customer used to pay for his order (bankcard, PayPal account, bank wire). This period will be able to be extended in case of delayed receipt of the returned merchandise.

In case of partial delivery, due to unavailability of one of the products ordered, the period of retraction only starts to run after delivery of the last product ordered.

Article 13 – Exclusions from the right of retraction

Prescription lenses are customized for the vision of the Customer, and the Customer does not benefit from a right of retraction according to article L 121-21-8 3° of the Consumer Code.

The Customer for prescription glasses benefits from the ACUITIS 30-day guarantee, “Satisfied or reimbursed”, as described in article 14 hereafter.

Article 14 – Guarantees

Other than the legal guarantees, all our eyeglasses benefit from an additional guarantee offered by ACUITIS “Satisfied or reimbursed” for 30 clear days following the date of receipt of the product.

Any exchange or reimbursement must be preceded by a written request for return. To do so, the Customer must contact ACUITIS using the contact form available here, or by email sent to: serviceclient@acuitis.com or by postal mail in the 30 days following the date of receipt of the product (stamp of the Postal Service deemed as proof).

The returned product must be sent by a tracked package and must include a written description of that which is desired (exchange or reimbursement) with the complete reference of the order, under penalty of delayed processing.

All products returned must be new, unused and in their original packaging (as well as the microfibers and accessories provided with the eyeglasses) perfectly intact.

Concerning a purchase of eyeglasses with corrective lenses, the package must absolutely be accompanied by the original of the treatment form (“Cerfa” form) and the invoices. The reimbursement is applicable for the equipment, excluding eventual transport charges for return.

If the Customer does not provide ACUITIS with a medical prescription dating back less than 3 years, he may not be reimbursed by Social Security, and the “Satisfied or reimbursed within 30 days” guarantee of ACUITIS may not be applied.

The reimbursement will be carried out after observation by ACUITIS of the return according to respect of the specified protocol.

The reimbursement shall be made to the bank account associated with the bank card or PayPal account within the 30 days following this request.

Article 15 – Fight against Fraud

ACUITIS agrees to put forth its best effort to fight against fraud related to Social Security and supplemental insurance plans. Therefore, ACUITIS draws the Customer’s attention to the fact that the originals of the treatment form and invoice will be required to be able to be reimbursed when the Customer asserts his right of retraction or his guarantees.

ACUITIS reserves the right to cancel a Customer account when the Customer has been found guilty of fraud against Social Security and/or supplemental insurance plans by having, notably, requested that ACUITIS reimburse his purchases on a Site after having already been reimbursed by is supplemental insurance plan.

ACUITIS points out that, in conformity with article L 114-3 of the Social Security Code, a person who is found guilty of fraud or of making false declarations to obtain or to have obtained, or attempted to have services obtained or benefits of any kind unduly liquidated and paid by social welfare organizations, is subject to a fine of 5000 euros, without prejudice to the penalties resulting from the application of other laws, if applicable. The perpetrators of fraud may also be subject to the penalties resulting from violations against articles 313-1, 441-1, 441-6 and 441-7 of the Penal Code.

Article 16 – Personal information

14.1 ACUITIS collects personal information about any person viewing or using the Sites, or about the recipient of an order. This collection of information is done, notably:

When a person subscribes to the newsletter of the Site,

When a person creates an account on the Site,

When the registered Member places an Order on the Site,

When a person contacts the Customer Service department of the Site,

When a person navigates on the Site.

The information collected is intended for the use of ACUITIS. It is necessary for the processing and handling of orders and, in general, for the commercial relationship between ACUITIS and any person viewing or using the Sites, notably within the framework of personalization of the Sites based on the preferences observed during navigation of the Sites.

By registering on the Sites, a person may be informed about offers from ACUITIS, in the form of newsletters, event-related emails or emails containing personalized offers for products and services provided by ACUITIS. If a person registered no longer wishes to receive these proposals, he may inform ACUITIS at any time by postal mail or email (contact information indicated under the “Contact” heading of the Sites) or via the subscription cancellation link contained in each of the emails sent by ACUITIS to the email address provided at the time of subscription.

ACUITIS is responsible for processing this data.  It may be sent to the companies and subcontractors upon which ACUITIS calls within the framework of the services that it offers, or under the conditions indicated at the time that the information is collected on the Sites.

Notification about the treatment of personal information carried out by ACUITIS via the Sites has been provided to the CNIL (www.cnil.fr) under no. 1905125.

In conformity with the modified law on “Information Systems & Freedoms” of 6 January 1978, you have a right to access, rectify, modify and remove the information which concerns you by writing to serviceclient@acuitis.com (the email will have to include the following subject: I would like to modify/cancel my ACUITIS account, by the contact form present on the Sites or by letter sent to the following address:

ACUITIS - Service Client

55, avenue Victor Hugo

75116 Paris

FRANCE

ACUITIS does not sell, commercialize or rent the personal information concerning its customers to entities outside the group to which it belongs.

The Customer agrees to retention of its personal information about visual correction for 5 years. It will not be transferred or disclosed to third parties, unless it is in the form of aggregated statistical information which is not personal.

Article 17 – Information relative to visitation of the Site

Certain technical information may be gathered when the Customer navigates the Sites, such as the browser of the Customer (Chrome, Firefox, Safari, Opera, Internet Explorer, Edge, etc.) or the type of operating system used (Linux, Windows 10, Mac Os, etc.) and the IP (Internet Protocol) address of the computer used, in order to adapt the presentation and ergonomics of the Sites to the technical specificities of the Customer’s terminal.

A cookie is a file that ACUITIS may come to register on the hard drive of the Customer’s terminal by means of his Internet browser when the Customer uses the Sites, subject to his approval or objection. Only the issuer of a cookie may read or modify the information that it contains.

ACUITIS uses cookies, intended to store the identifying information of Customers during the visit to the Sites in order to facilitate the browsing experience, subject to the choices that the Customer has expressed concerning cookies, and which it will be able to modify at any time. In particular, the Customer has the possibility of refusing to allow cookies to be saved by modifying the options of his Internet browser software. In this regard, see the instructions for modification of these options based on the browser used, which are accessible on the page of the website of the Commission Nationale de l’Informatique et des Libertés: www.cnil.fr.

The cookies issued on the Site make it possible:

To adapt the presentation of the Sites to the display preferences of the terminal of the Customer (language used, display resolution, operating system used, etc.) during his use of the Sites, based on the hardware and software of visualization or reading that his terminal includes,

To establish statistics and measurements on visitation and use of the various elements included on the Sites (headings and content visited, paths, etc.), permitting ACUITIS to improve the interest and ergonomics of the Site,

To memorize the information relative to a form that the Customer has completed when using the Sites (registration or access to his account),

The cookies issued on the Sites are session cookies (for which the duration is limited to the time of connection to the Sites) and persistent cookies (for which the duration, although limited, is greater than the duration of a connection).

Session cookies are only active during the Customer’s visit and are deleted when he closes his browser. Persistent cookies are saved on the hard drive of the Customer’s terminal once the browser has closed, until he or his browser software removes them after a certain period or at any time.

When a Customer visits the Sites, the cookies of third-party companies may be placed on his computer, unless he objects to this by configuring the parameters of his browser software under the conditions described in the paragraph below. These cookies serve to identify the products viewed on the Sites and to collect browser data in order to personalize the advertising offer that could be presented to the Customer outside of the Sites. Within the framework of this type of advertising partnership, each Site may come to send the partner anonymous browser data concerning the products viewed by the Customer when visiting the Sites.

Several possibilities are offered to the Customer to manage cookies. Certain parameter settings done by the Customer could modify his online browsing and his conditions of access to certain services requiring the use of cookies.

The Customer may configure his browser software such that cookies are saved on his terminal or, on the contrary, are rejected, either systematically or depending on the issuer. The Customer may also configure his browser software such that the acceptance or refusal of cookies is proposed each time that a cookie could be saved on his terminal.

ACUITIS also uses technical cookies which are necessary for proper functioning of the Sites. If the Customer refuses to have cookies saved on his terminal, or if he removes them after they are saved, the Customer will no longer be able to benefit from certain functionalities which are necessary for browsing certain areas of the Sites.

As may be necessary, ACUITIS declines any responsibility for the consequences related to downgraded functioning of the Sites resulting from the impossibility for ACUITIS of saving or viewing the cookies necessary for functioning and which the Customer has refused or deleted.

Article 18 – Applicable law – Disputes

The present Terms and Conditions of Sale in the French language shall be executed and interpreted in conformity with French law.

In case of a dispute, the Customer shall first contact ACUITIS to attempt amicable resolution.  In conformity with article L 133-4 of the Consumer Code, in case of contestation, the consumer may pursue a procedure of mediation or any alternative manner of settlement of disputes.

The search for an amicable solution does not interrupt the duration of the contractual guarantee or of the time-frames for seeking application of the guarantee.

Otherwise, the French courts shall be solely competent.

Version of the terms and conditions of sale as of 19/05/2016.