General Terms and Conditions of Sale 

Article 1 – Legal Notice and Scope of Application 

OPTA FILAO is a simplified joint-stock company with a share capital of €44,000, whose registered office is located at 241 rue de Romainville, 93230 ROMAINVILLE, France, and registered with the Bobigny Trade Register under number 442 182 077. Its Siret number is 442 182 077 00044 and its intra-community VAT number is FR45442182077. 

Customer Service Director: Katarina MILADINOVIC 

Customer Service Phone: 01 82 30 51 11

This website is hosted by Prestashop SA, whose registered office is located at 12 rue d’Amsterdam, 75009 PARIS, France, and can be reached by phone at 01 40 18 30 04.

OPTA FILAO is the publisher and operator of the website www.carolineabram.com (hereinafter referred to as the “Website”), which is dedicated to the sale of sunglasses. This activity is carried out in strict compliance with the regulatory framework. For any questions regarding the purchase of CAROLINE ABRAM sunglasses, our team can be contacted by email at info@carolineabram.com or by phone at 01 82 30 51 11, Monday to Friday, from 9 a.m. to 6 p.m. 

Article 2 – General Provisions 

These general terms and conditions define the terms of use of the Website and the conditions for purchasing products and services by an internet user.

Creating an account and/or placing an order on the Website constitutes express and unconditional acceptance of these general terms and conditions, without requiring a handwritten signature from the Customer.

When placing an order, the Customer declares that they have read and accepted these general terms and conditions and the rights and obligations arising therefrom.

OPTA FILAO may suspend an order, the Customer’s account, and terminate said account in the event of non-compliance by the Customer with these terms, without prejudice to any damages that OPTA FILAO may claim. 

Article 3 – Customer Identification 

By placing an order on the Website, the Customer certifies that they are over 18 years old and have the legal capacity to do so, or failing that, have the authorization of a guardian or curator if legally incapacitated.

Only individual, non-commercial Customers may purchase on the Website.

To buy on the Website, the Customer must create an account with a personal username and password. Any order placed using these personal credentials is deemed to have been made by the Customer and obliges them to pay for said order. In case of loss of these credentials, the Customer must immediately notify OPTA FILAO, which will block the account. OPTA FILAO reserves the right to delete the account of a negligent Customer. 

Article 4 – Ordering and Payment on the Website

To place an order, the Customer must select one or more items—sunglasses and/or accessories (such as lorgnettes, chains, or others)—and add them to their cart by clicking the “I WANT IT” button. The Customer may then continue shopping or proceed to checkout by clicking the “ORDER” button.

A summary of the selected items in the cart is displayed, allowing the Customer to remove one or more items.

By clicking the “PAYMENT” button, the Customer is first asked to confirm the delivery and billing addresses. Then, by clicking “ORDER,” they select the delivery method (e.g., TNT home delivery or TNT express relay).

After selecting the delivery method and clicking “ORDER,” the Customer chooses the payment method (CB, Visa, Mastercard) and is redirected to the secure SOGENACTIF module of Société Générale to enter credit card details and validate payment by clicking “CONFIRM.”

At this stage, clicking “CONFIRM” constitutes an electronic signature that has the same legal value as a handwritten signature between OPTA FILAO and the Customer and serves as proof of the entire order and the enforceability of the amounts due.

OPTA FILAO reminds that it does not have access to any payment data, as payment is processed directly by the bank.

A payment confirmation is then sent.

Subject to stock availability, OPTA FILAO will confirm the Customer’s order by email and then notify shipment by email so the Customer can track delivery.

Article 5 – Pricing

All product prices are indicated in euros, inclusive of all taxes (€ incl. VAT).

In case of a VAT rate change, the price will be automatically adjusted without further notice other than the effective date of the new VAT rate.

Orders are payable immediately by credit card in euros as indicated in Article 4.

Article 6 – Retention of Ownership

Items remain the property of the seller until full payment of their price. However, risk transfers to the buyer or user upon delivery.

Article 7 – Product Compliance

OPTA FILAO will make every effort to ensure that the photographic representation of products on the Website is as accurate as possible. However, due to the digital presentation of products on the Internet, the Customer’s perception may not exactly match the actual product.

Delivery is free for addresses in mainland France but may incur charges depending on the delivery location. In such cases, the price will be indicated before payment.

Article 8 – Delivery

8.1. Delivery Location

When an order is shipped, OPTA FILAO informs the Customer by email. The package includes an invoice. Products will be shipped to the address provided by the Customer during the ordering process.

All deliveries are announced by email to the address provided by the Customer during the ordering process.

For any order not received at the indicated address, reshipping costs to the new address will be borne by the Customer, for example, if the package was not claimed or if the delivery address provided was incomplete or invalid, causing the package to be returned to OPTA FILAO’s premises.

8.2. Delivery Timeframe

Upon receipt of payment, OPTA FILAO will make every effort to deliver the order within 8 days and no later than 15 days.

Beyond this period, the Customer may cancel the order and request a refund by email within 7 days, with acknowledgment of receipt, to info@carolineabram.com.

However, this clause does not apply if the delivery delay is due to force majeure beyond OPTA FILAO’s control. In such cases, the Customer agrees not to pursue legal action against the Website or its publisher and waives the right to terminate the sale under this article.

8.3. Delivery Delay

Where possible, and particularly when the delay is attributable to OPTA FILAO, the Customer will be notified by email of the delay and the estimated delivery time.

8.4. Partial Delivery

The Customer will be informed by email of any partial delivery of an order. A second email will notify the delivery of the remaining products and/or services ordered.

8.5. Livraison effectuée

Chaque livraison est réputée effectuée dès la mise à disposition du produit ou du service auprès du Client, notamment par le transporteur, matérialisée par le système de contrôle utilisé par le transporteur (tel que le système de suivi de livraison proposé sur le site Internet de La Poste concernant «Colissimo»).
Sans préjudice du délai dont dispose le Client au titre de son droit de rétractation défini à l'article 11 ci-après, il appartient au Client de vérifier les expéditions à l'arrivée et de faire toutes réserves et réclamations qui apparaîtraient justifiées, voire de refuser le colis, si celui-ci est susceptible d'avoir été ouvert ou s'il porte des traces manifestes de détérioration. Lesdites réserves et réclamations doivent être adressées au transporteur par lettre recommandée avec accusé de réception dans les trois jours ouvrables suivant la livraison des produits, une copie étant immédiatement adressée à info@carolineabram.com.

8.5. Delivery Completed

Each delivery is deemed completed as soon as the product or service is made available to the Customer, notably by the carrier, as evidenced by the tracking system used by the carrier (such as the delivery tracking system provided on La Poste’s website for “Colissimo”).

Without prejudice to the withdrawal period granted to the Customer under Article 11 below, it is the Customer’s responsibility to check the shipments upon arrival and to make any reservations and claims that appear justified or even refuse the parcel if it seems to have been opened or shows obvious signs of damage.

Article 9 – Right of Withdrawal

In accordance with applicable legislation, the Customer has a period of 14 days from the date of receipt of the parcel to request an exchange or a refund.

9.1 – Standard Withdrawal Form

___________________________________________________________________

To the attention of OPTA FILAO

241 rue de Romainville, 93230 ROMAINVILLE – France

Email: info@carolineabram.com

I hereby notify you of my withdrawal from the contract relating to the sale of the goods described below:

Ordered on: ………………….

Received on: ………………….

Customer’s Name: ………………….

Customer’s Address: ………………….

Customer’s Signature (only if this form is notified on paper): ………………….

Date: ………………….

This form must be sent by mail or email before the expiration of the legal deadline.

To exercise this right, the Customer must return the parcel at their own expense, in accordance with the provisions of Article L.121-23 of the French Consumer Code, to the company’s registered office: OPTA FILAO, 241 rue de Romainville, 93230 ROMAINVILLE, accompanied by a letter requesting either a refund or an exchange.

___________________________________________________________________

9.2 – Exception to the Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, the Customer may not exercise any right of withdrawal for orders of products that are clearly personalized or made according to their specifications.

All returns must be complete (packaging, manuals, accessories, copy of the invoice), and returned products must not be soiled or damaged (due to use). Return shipping costs are borne by the Customer.

Article 10 – Opposition to Telephone Solicitation (Bloctel)

In accordance with Article L223-2 of the French Consumer Code, we remind you that you can register free of charge on the Bloctel list (www.bloctel.gouv.fr) to avoid receiving unsolicited commercial calls. OPTA FILAO undertakes to comply with this obligation and not to contact numbers listed on this registry.

Article 11 – Recourse to a Consumer Mediator

In accordance with Articles L612-1 et seq. of the French Consumer Code, the Customer may use a consumer mediator free of charge in the event of an unresolved dispute with the professional. The competent mediator is:

Consumer Mediation – FEVAD

Address: 60 rue La Boétie, 75008 Paris

Website: www.mediateurfevad.fr

Email: mediateurduecommerce@fevad.com

Article 12 – Warranty for Products Purchased on This Site

All products sold on the site comply with applicable legislative and regulatory provisions and have all necessary approvals for market placement.

In the event of a defect in a product purchased on this site, the Customer has, under Article L217-3 of the French Consumer Code, a period of two years from receipt of said product to request an exchange or refund if the delivered item is not compliant as defined by the aforementioned article.

To exercise one of these rights, the Customer must return the parcel to the company’s registered office: OPTA FILAO, 241 rue de Romainville, 93230 ROMAINVILLE, accompanied by a letter requesting either a refund or an exchange. In this latter case only, return shipping costs will be reimbursed to the Customer by bank check or transfer within a maximum of thirty days.

A hidden defect is a flaw in the item that, under normal conditions of use, renders it unsuitable for its intended purpose. Compliance means delivering the item as contractually agreed. The publisher of this site is not responsible, even under the conventional warranty, for normal wear and tear, accidental damage, or damage resulting from abnormal use of the products.

Compliance: Articles L217-1 to L217-33

Hidden defects: Articles 1641 et seq. of the French Civil Code

Article 13 – Personal Data & Confidentiality

Privacy Policy: Under and for the purposes of the relevant legislation, regarding data collected through your registration on the site eshop.carolineabram.com, please read carefully and take note of the information below and, where applicable, give or refuse your consent.

Data will be used for the following purposes: order acceptance, execution of the sales contract, event invitations, newsletters.

13.1. Data Controller

OPTA FILAO, located at 241 rue de Romainville, 93230 ROMAINVILLE, registered with the Bobigny Trade Register under No. 442 182 077, VAT No. FR45442182077, represented by its legal representative Annette Hoffmann, email: info@carolineabram.com

The data controller may delegate data processing exclusively for the purposes described above and subject to prior written designation of one or more processors, including external ones, such as the website manager.

13.2. Purposes and Means of Processing

We inform you that data will be processed using paper, IT, or telematic means for the following purposes:

Acceptance of the order, execution of the purchase contract

Promotional activities via newsletters and invitations to OPTA FILAO events

13.3. Recipients or Categories of Recipients

Your data will not be disclosed to third parties outside the data controller, except for the web designer and professionals necessary for contract execution.

13.4. Storage Period

Data collected as indicated above will be stored:

• For order acceptance and contract execution purposes, for a maximum of 10 years from the date of the last issued receipt

• For promotional purposes, for a maximum of 10 years from the date of the last issued receipt for users who completed a purchase order, and 3 years for registered users who did not complete any purchase order. The retention period is based on and justified by promotional needs, even after the date of data registration.

13.5. Rights of the Data Subject

a) We inform you that you have the right to:

● Know at any time the data concerning you, how it was obtained, the purposes and methods of processing, the logic applied in case of electronic processing, and the corresponding storage methods, the data controller, and the persons or categories of persons to whom the data may be communicated or who may become aware of it;

● Obtain the updating of your data, its total or partial deletion, correction, or integration if it is in your interest;

● Restrict processing in the cases provided for by Article 18;

● Data portability (i.e., an automated device containing your data in a structured, commonly used, and machine-readable format), without prejudice to the retention right mentioned in point 4) above;

● Object to processing in the cases provided for by Article 21.

b) The exercise of the rights referred to in point a) above must be made by written communication sent to one of the following addresses:

• Mail: 241 rue de Romainville, 93230 ROMAINVILLE, France

• Email: info@carolineabram.com

Please note that the data controller will respond to the request within 30 days and, if the request is accepted, will handle communications with third parties responsible for the data.

c) If the request is accepted, the data controller undertakes to ensure deletion from any archives, allowing the user to verify remotely.

13.6 About Cookies

We use cookies to personalize content and ads, provide social media features, and analyze our traffic. We also share information about your use of our site with our web analytics, advertising, and social media partners, who may combine it with other information you have provided to them or that they have collected during your use of their services. You consent to our cookies if you continue to use our website.

14. Intellectual Property Rights Related to Elements Published on This Site

All elements constituting this site belong to the publisher and are therefore protected by intellectual property legislation.

Users acknowledge that, without authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, may result in legal proceedings against you by the publisher.

This protection applies to all textual and graphic content of the site, as well as its structure, name, and graphic charter.

15. Applicable Law and Jurisdiction Clause

These general terms and conditions are subject to French law and the exclusive jurisdiction of French courts. The language of the contract is French.

Unless otherwise provided by public policy, any disputes that may arise in connection with the performance of these general terms and conditions may, before any legal action, be submitted to the site publisher for amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits for initiating legal proceedings.

16. Severability and Non-Waiver Clause

If any clause of these general terms and conditions is declared null and void by a court decision, such nullity shall not affect the validity of the remaining clauses, which shall continue to have effect.

The fact that the publisher does not invoke one or more clauses of these general terms and conditions, temporarily or permanently, shall in no way constitute a waiver of the right to invoke the remaining clauses.