OKO PARIS LUNETTERIE

 

Terms of Sales

 

1. Application of the Terms of Sales

 

1.1 The Terms of Sales, appearing on the back of the commercial documents from OKO PARIS LUNETTERIE, are given to every customer who places an order with OKO PARIS LUNETTERIE. They are applicable to all sales and\or deliveries made by OKO PARIS LUNETTERIE.

1.2 Any order implies the whole acceptance and without reserve by the customer of the Terms of Sales, which prevail over any documents such as leaflets and catalogs, coming from OKO PARIS LUNETTERIE, having only an indicative value, as well as, if necessary, any opposite conditions coming from the customer.

1.3 The fact for OKO PARIS LUNETTERIE not to take advantage at some point of one of the Terms of Sales cannot be interpreted as being worth renunciation to take advantage of it later.

 

2 Orders

 

2.1 The orders are sent either by the sales representatives or by the customer and received by OKO PARIS LUNETTERIE.

They can also be taken by telephone, remote transmission or list and are not the object of a confirmation written from OKO PARIS LUNETTERIE.

2.2 Any modification or cancellation of an order requested by the customer can be considered only if this modification or cancellation is carried by the knowledge of the sales representative or of a person of the OKO PARIS LUNETTERIE team within 24 hours as from the issue of the initial order by the customer.

 

3. Delivery

 

3.1 For the orders with a total value less than or equal 1500 HT, the shipping costs are charged by OKO PARIS LUNETTERIE at the current rate. For the orders with a total value greater than 1500 HT and after discount, the delivery is free. It's the same for the delivery of back orders, the delivery of spare parts (except for faces) and for all promotion and advertising material.

3.2 The delivery periods given by OKO PARIS LUNETTERIE are indicative and if there is any delay, for whatever reason, it can’t mean the termination of the sale on behalf of the customer - except after formal demand of OKO PARIS LUNETTERIE by registered letter with recorded delivery, which remained ineffective within one month according to the reception of the aforementioned formal demand.

3.3 Unless otherwise stipulated the present General Conditions, the delivered goods are neither taken back nor exchanged.

 

4. Reception of deliveries

 

4.1 In case of reception of the delivery within three days of this one, it is up to the customer to make any useful observations on the state of the goods and, if necessary, to notify its reserves to the carrier by extra-judicial act or by registered letter with acknowledgement of receipt.

4.2 Without prejudice measures to be taken towards the carrier, the complaints on the visible defects or on the nonconformity of the goods delivered to the ordered product or to the waybill must be sent by fax and registered letter with recorded delivery to OKO PARIS LUNETTERIE in the week of the arrival of the goods.

4.3 It is also up to the customer to supply any justifications as for the reality of the defects or the nonconformities noticed. Besides, the customer will leave with OKO PARIS LUNETTERIE any opportunities to proceed by himself to the observation of these defects and\or nonconformities and to remedy there. In any hypothesis, he will abstain from intervening himself or from bringing in third parties.

 

5. Return of the goods

 

5.1 In case of visible defect of nonconformity of the delivered goods, notified in the conditions of the article 4 above and duly noticed by OKO PARIS LUNETTERIE, the customer will benefit from substantial credit note, according to OKO PARIS LUNETTERIE, in the free replacement or the refund of the goods, in the exclusion, in every case, from any damages.

5.2 Any return of the goods has to be the object of a preliminary formal agreement between OKO PARIS LUNETTERIE and the customer. For lack of such an agreement, the goods returned by the customer will not give place to the establishment of a credit note. However, the resumption of the goods does not have to exceed 5 % of the order. For example: a customer having ordered 100 new units can only return 5 units sold by his last order. Besides, the returned frames have to be in excellent condition and accompanied by their cases.

Except this special agreement, expenses and relative risks on the return of the goods stay chargeable to the customer.

 

6. Guarantee

 

6.1 The goods sold by OKO PARIS LUNETTERIE are guaranteed against any manufacturing defect during 2 years from delivery date.

6.2 The guarantee is excluded when the defects of the goods result from the ageing or from the normal wear as well as from the abnormal use of the goods. Also, the guarantee is excluded for the visible defects of which the customer will have to take advantage in the conditions of the article 4 above.

 

7. Clause of property reserve

 

Contrary to provisions of the article 1583 of the civil code, the transfer of property of the delivered goods is subordinated to the complete payment of the price of these goods. If necessary, OKO PARIS LUNETTERIE will assert its property reserve notably through the provisions of the articles 121 and 122 of the law N 85-98 of January 25th, 1985 modified by the law N 96-588 of July 1st, 1996.

 

8. Price

 

The goods are supplied at the prices current at the time of the signing of the order. The prices get exclusive of tax.

 

9. Invoicing

 

Every invoice established mentions the date in which the payment will have to be made as well as the mentions provided in the article 31 of the prescription of December 1st, 1986.

 

10. Methods of payment

 

10.1 Invoices are payable at the date of payment indicated on the invoice, that is within 30 days at month end, as from the recording of the aforementioned invoice, and must be paid by bank transfer or by check.

10.2 If there is no account, payments cannot be suspended nor be the object of a compensation without the written agreement prerequisite of OKO PARIS LUNETTERIE.

 

11. Delay and Defect

 

11.1 Any late payment of the amount due by the customer will result of full right and without formal notice, the payment of a late penalty equal to five times the legal interest rate per day late. The legal interest rate retained is the prevailing interest rate on the due date of the invoice. This late payment penalty is calculated on the amount inclusive of the amount due on the invoice. In addition, a lump sum compensation for recovery costs of 40 euros will be due, automatically and without prior notification to the customer in case of late payment.  OKO PARIS LUNETTERIE reserves the right to ask the customer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of receipts.

11.2 In case of non-payment, and forty eight hours after a formal demand remained fruitless, the sale will be cancelled by rights, if good seem to OKO PARIS LUNETTERIE who can ask, in emergency proceeding, for the restoration of the goods, without prejudice the damages. The resolution can aim not only at the order in cause, but also at all the previous unpaid orders, that the deliveries are made or are in progress and that their date of payment fell or not.

11.3 In the cases of articles 11.1 and 11.2, the sums which would be due for the other deliveries, or for the other causes, will become at once due if OKO PARIS LUNETTERIE does not opt for the resolution of the corresponding orders.

11.4. Any invoice recovered, either by the litigation department of OKO PARIS LUNETTERIE, or by a litigation department outside OKO PARIS LUNETTERIE, will be increased as a non-reducible penalty clause within the meaning of Article 1229 of the Civil Code, a lump sum compensation 6% of the invoice amount.

 

12. Destination of the sold goods

 

12.1 The goods delivered, enumerated in the delivery note, can be exposed and put on sale for the public only in (x) point(s) of sale of the customer, except the case where the customer operates for a grouping or for a retail chain to which he is affiliated.

12.2 OKO PARIS LUNETTERIE does not authorize the sale on the mode of the deposit.

 

13. Advertisement material

 

The whole advertisement material given free of charge to the customer stays the property of OKO PARIS LUNETTERIE. At the request of OKO PARIS LUNETTERIE, the customer will have to restore at once the advertisement material, which was delivered to him.

 

14. Spare parts

 

The term "spare parts" in the sense of the present Terms of Sales indicate all the elements of a spectacle frame, except for the front of the frame.

The front of frames are charged based upon the OKO PARIS LUNETTERIE price list and delivered in the conditions defined in the article 3.1.

 

15. Contesting

 

The courts of PARIS are only competent in case of dispute of all kinds. This clause applies even in case of emergency proceeding, of incidental demand or of defendants' plurality and whatever the mode and the methods of payment.