General Conditions of Sale
Article 1 - Legal notices & fields of application
OPTA FILAO is a simplified joint stock company, with a share capital of 44,000 euros, whose registered office is located at 241 rue de Romainville, 93230 ROMAINVILLE, France and registered in the Bobigny Trade Register under number 442 182 077 , whose Siret number is 442 182 077 00044 and whose intra-community VAT number is FR45442182077.
Director of publication: Léa GOMEZ.
Customer service number: 09 54 18 50 65
This site is hosted by Prestashop SA. The registered office is located at 12 rue d'Amsterdam, 75009 PARIS, France. And can be reached by telephone at the following number: 0140183004.
OPTA FILAO is the publisher and operator of the website www.carolineabram.com (hereinafter referred to as the "Site"), the purpose of which is the sale of sunglasses. This activity is carried out in strict application of the regulatory framework. For any questions relating to the purchase of sunglasses from the CAROLINE ABRAM brand, our teams can be reached by e-mail at eshop@carolineabram.com and by telephone on 09 54 18 50 65, from 9 a.m. to 6 p.m., from Monday to Friday.
Article 2 - General
These general conditions define the conditions of use of the Site and the conditions of purchase of products and services by an Internet user on it.
Any creation of an account and/or order on the Site implies acceptance expressly and without reservation of these general conditions, without however this acceptance being conditioned by a handwritten signature on the part of the Customer.
When ordering, the Customer declares to have read these general conditions and accepted the rights and obligations relating thereto.
OPTA FILAO may suspend an order, the Customer account and terminate said Customer account in the event of non-compliance by the Customer with these conditions, without prejudice to any damages that OPTA FILAO may request.< /p>
Article 3 – Customer Identification
By placing an order on the Site, the Customer certifies that they are over 18 years old and have the necessary legal capacity to do so, or failing that, have the authorization of a guardian or curator if they is incapable.
Only Customers, non-commercial individuals, can buy on the Site.
To buy on the Site, the Customer must create an account with a username and password that are personal to him. . Any order made using this personal data is deemed to have been made by the Customer and obliges him to pay for said order. In the event of loss of this data, the Customer must immediately notify OPTA FILAO, which will block the account of the person concerned. OPTA FILAO reserves the right to delete the account of a negligent Customer.
Article 4 - Terms of ordering and payment on the Site
In order to place an order, the customer must select one or more items, sunglasses and/or accessories (face-to-hand, chain or other) and add them to their basket by clicking on the "I WANT IT" button. The customer can then continue shopping or place an order for the selected item(s) by clicking on the "ORDER" button.
A summary of the items selected in the basket is presented to the customer, who has the option of deleting one or more items of his shopping cart.
By clicking on the "PAYMENT" button, the customer is first asked to confirm the delivery address as well as the billing address. By then clicking on the "ORDER" button, he is invited to choose his delivery method (TNT "at home" or TNT express parcel relay for example).
After having selected the delivery method and clicking on "ORDER » the customer is invited to choose the method of payment for his order (CB, Visa, Mastercard) and is redirected to Société Générale's secure SOGENACTIF module in order to enter his credit card information and finally to validate his payment by clicking on the "VALIDATE" button.
At this stage, the fact that the Customer clicks on the "VALIDATE" button constitutes an electronic signature which has, between OPTA FILAO and the Customer, the same value as a signature handwritten and is proof of the completeness of the order and the payment of the sums due in execution of the said order.
OPTA FILAO reminds you that it has no access to any data relating to the user's means of payment and that payment is made directly to the bank.
A confirmation of payment is then sent.
Subject to available stocks, OPTA FILAO will confirm the Customer's order by e-mail, then its shipment by e-mail so that the Customer can follow its delivery.
Article 5 – Price
All product prices are indicated in euros all taxes included (€ TTC).
In the event of a change in the VAT rate, the price will be automatically changed without notice other than the due date of the new rate VAT.
Orders are payable immediately by credit card in euros as indicated in article 4.
Article 6 - Retention of title clause
The items remain the property of the seller until full payment of their price.
The risks are nevertheless transferred to the buyer or user upon delivery.
Article 7 - Product conformity
OPTA Filao will make its best efforts to ensure that the photographic representation of the products on the Site is as faithful as possible to the products themselves. However, given the digital presentation of the products on the Internet, it is possible that the Customer's perception of the photographic representation of the products does not correspond exactly to the product or itself.
Delivery is free for addresses in France metro but may be chargeable depending on the place of delivery. In the latter case, the price will be indicated before payment of the order.
Article 8 - Delivery
8.1. Place of delivery
When an order is dispatched, OPTA FILAO informs the Customer by e-mail. The package includes an invoice.
The products will be shipped to the address that the Customer has indicated during the ordering process.
All deliveries are announced by e-mail to the e-mail address indicated by the Customer during the ordering process.
For any order not received at the address indicated, the costs of reshipping the package to the new address transmitted will remain the responsibility of the Customer, for example when the package has not been claimed by the Customer or when the delivery address entered in the file is incomplete or invalid, resulting in the return of the package to the premises of OPTA FILAO.
8.2. Delivery time
Upon receipt of payment, OPTA FILAO will make every effort to deliver the order within 8 days and at most within 15 days.
Beyond this period, the Customer will have the right to cancel his order and to request a refund thereof be made within 7 days by email with request for acknowledgment of receipt to the following address, eshop@carolineabram.com
However, this clause does not intended to apply if the delay in delivery is due to a case of force majeure, beyond the control of OPTA FILAO. In such a case, the customer agrees not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.
8.3. Delivery delay
As far as possible, and in particular when the delay in delivery is attributable to OPTA FILAO, the Customer will be notified by email of the delay in his order and the estimated delivery time.
8.4. Partial delivery
The Customer will be informed by e-mail of the partial delivery of an order. A second e-mail will inform him of the delivery of the other products and / or services ordered.
8.5. Delivery completed
Each delivery is deemed to have been made as soon as the product or service is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier (such as the delivery tracking system offered on the site Internet of La Poste concerning "Colissimo").
Without prejudice to the period available to the Customer under his right of withdrawal defined in Article 11 below, it is the Customer's responsibility to check shipments to the arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days of delivery of the products, a copy being immediately sent to eshop@carolineabram.com.
Article 9 - Right of withdrawal
In accordance with the legislation in force, consumers have a period of 7 days from the date of receipt of the package to request an exchange or refund. In order to exercise this right, it is their responsibility to return (at their own expense) the package to the address of the head office of the company OPTA FILAO, 241 rue de Romainville, 93230 ROMAINVILLE, accompanied by a letter
requesting either refund or exchange.
In accordance with the provisions of Article L121-20-2 of the Consumer Code, consumers may not under any circumstances claim the exercise of any right of withdrawal for orders from all products clearly personalized or made to their specifications.
All returns must be complete (packaging, manuals, accessories, copy of the invoice), and the returned products must not be soiled or damaged (due to their use). Return shipping costs are the responsibility of the Customer.
Article 10 - Warranty for products purchased on this site
All the products sold on the site are marketed in compliance with the legislative and regulatory provisions in force and benefit from all the approvals necessary for their marketing.
In the event of a defect in a product purchased on this site, the customer has, in application of article L211-5 of the consumer code, a period of two years from receipt of the said product to request an exchange or refund, within the assumption that the goods delivered are not in conformity, within the meaning given to this word by the aforementioned article.
In order to exercise one of these rights, it is their responsibility to return the package to the address of the registered office: OPTA FILAO, 241 rue de Romainville, 93230 ROMAINVILLE, accompanied by an explanatory letter requesting either a refund or an exchange. The cost of sending the package, in the latter case only, will then be reimbursed to the customer by bank check or by bank transfer, within a maximum period of thirty days.
The hidden defect being a defect of the thing which, under normal conditions of use, makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed , the publisher of this site is not responsible, even within the framework of the conventional guarantee, for the normal wear and tear of the products, for damage
accidental or resulting from abnormal use of the products.
Article 11 - Personal data & confidentiality
Under and for the purposes of the legislation in question, in relation to the data collected through your registration on the site eshop.carolineabram.com, we invite you to carefully read and take note of the information below and, where appropriate, to give or refuse your consent.
The data will be used for the following purposes: acceptance of the order, execution of the sales contract, invitations to events, newsletters.
11.1. Data Controller
OPTA FILAO, domiciled at 241 rue de Romainville, 93230 ROMAINVILLE, registered in the Bobigny companies register under number 442 182 077, VAT number FR45442182077, in the person of its legal representative Annette Hoffmann, email address: info@carolineabram.com.11.2. Purposes and means of processing
We inform you that the data will be processed using paper, computer or telematic means for the following purposes:
- acceptance of the order, execution of the purchase contract.
- promotional activities, through newsletters and invitations to OPTA FILAO company events;
11.3. Beneficiaries or categories of beneficiaries
Your data will not be communicated to other subjects outside the holder of the treatment, with the sole exception of the web designer and the professionals necessary for the execution of the contract.
11.4. Storage time
Data collected as set out above will be stored:
- for the purposes of acceptance of the order, the execution of the purchase contract for a maximum period of 10 years from the date of the last receipt issued.
- for the purposes referred to in the point above for a maximum period of 10 years from the date of the last receipt issued for the user who concluded the purchase order and 3 years for the registered user who has not entered into any buy orders. The retention period is based and justified by the promotional need, even after the date of recording of the data.
11.5. Rights of the interested party
a) We inform you that you have the right to:
- to know at any time the data that concerns you, to know how they were acquired, the purposes and methods of processing, the logic applied in the event of electronic processing and the corresponding storage methods, the holder, the subjects or categories of subjects to whom the data may be communicated or who may become aware of them;
- obtain the updating of your data, the total or partial cancellation, rectification or integration of data if it is in your interest;
- limitation of processing in the cases provided for in art. 18;
- to data portability (i.e. an automatic device containing your data in a structured, commonly used and readable format) without prejudice to the right of storage referred to in point 4) above;
- objection to processing and the cases provided for in Article 21.
b) The exercise of the rights referred to in article a) above, is made by written communication sent to one of the following addresses:
Mail: info@carolineabram.com
It should be noted that the data controller will respond to the request within 30 days and, in case of acceptance of the request, the owner will take care of the communications against the third party data controllers.
c) In case of acceptance of the request, the owner undertakes to provide for the cancellation also of any archives, allowing remote verification to the user.
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12. The intellectual property rights relating to the elements published on this site
All the elements constituting this site belong to the publisher and are therefore protected by the legislation relating to intellectual property.
Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, may give rise to legal proceedings. against you by the publisher.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
13. Applicable law and jurisdiction clause
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French.
Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of the publisher. of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal actions.
14. Nullity and non-waiver clause
If one of the clauses of these general conditions were to be declared void by a court decision, this nullity cannot invalidate all the other clauses, which would continue to produce their effect.
The fact, for the publisher, of not taking advantage, temporarily or permanently, of one or more clauses of these general conditions, will in no case entail a waiver of the right to take advantage of the rest of the general conditions.