ARTICLE 1 OBJECT OF THE AGREEMENT
The underlying General Conditions apply to on the one hand THE COMPANY, having its registered office at B-1410 Waterloo, avenue André Le Nôtre, with trade registry number 0862.697.313 and VAT-identification number BE-862-697-313, and on the other hand the client, within the frame of a system of sales transactions at a distance.
ARTICLE 2 CLIENT COUNSELING
THE COMPANY duly fulfils the obligations as imposed by on the one hand - the Belgian legal disposition of July 14, 1991 regarding the commercial practices and the counselling and protection of the consumer, as altered by the law of May 25, 1999, and on the other hand the Belgian law of March 11, 2003 regarding certain legal aspects of the services rendered in the information society.
ARTICLE 3 PLACING OF AN ORDER
Prior to each delivery of goods by THE COMPANY to the client, an order form has to be filled out.
The agreement is supposed to be validly closed as soon as THE COMPANY receives the order confirmation on its website.
Nevertheless, THE COMPANY can decide to make the validity of a sale s order subordinate to special conditions, more in particular when an order for large quantities has been placed, when an order form has not been filled out correctly, or at the non-payment of former deliveries (see art. 18).
In accordance with the Law of March 11, 2003, THE COMPANY confirms the reception of the order to the client by means of an electronic message.
This order confirmation includes a repetition of the order.
ARTICLE 4 RESTRICTION OF THE OFFERS
The offer and the price of the products apply during the day the website www.lentilles.be is consulted, or for the period indicated in the catalogues and brochures of THE COMPANY.
All products of THE COMPANY are described in good faith on the website and within the catalogues and brochures.
ARTICLE 5 PRICES
Prices are indicated in euros (€) and VAT included.
Under no circumstances, THE COMPANY can be held liable for possible custom s rights, local taxes, import duties or governmental taxes that may be imposed under the supposition of a delivery outside the European Union. The fore-mentioned taxes will be at the expense of the client and will entirely fall within the latter s liabilities, as well with regard to the reporting of the delivery, as well as to the payment of the said duties.
The products will be invoiced according to the rates applying at the reception of the order, with the usual reservation of their availability.
The shipping costs (packaging and transport) will be added to the total price of the order.
The client is invited to consult the different applicable rates on the website of THE COMPANY.
ARTICLE 6 LEGAL OBLIGATIONS / ARGUMENTATION
The client recognises to dispose of the legal competence to engage in a free and valid way into a contractual relationship with THE COMPANY.
The client clicking on the validating -button declares in doing so to accept the order procedure, to agree with the General Conditions in their entirety, as well as with possible special conditions.
The parties explicitly accept the electronic means of proof (e-mail, back-ups& ) within the frame of their contractual relationship.
The parties recognise that the data stored by THE COMPANY constitute the proof of the entirety of the commercial operations as established by the client on the website.
The data stored by the security system as described hereinafter in art. 7 form the proof of payment of the products ordered.
ARTICLE 7 PAYMENT / RESERVATION OF OWNERSHIP
The invoices are payable on a cash basis and without any discount.
Apart from exceptional cases, payment can only take place by means of one of the following credit cards : Visa, Master Card, American Express or bank cards..
THE COMPANY will only charge the client s account after the shipment of the goods ordered.
The charging of the credit cards happens in accordance with the legal dispositions applicable under Belgian Law.
The website of THE COMPANY applies to the Ingenico safety system (www.ingenico.com).
The three-thirds structure of the mechanism ensures the confidentiality of the payment data in such a way that neither THE COMPANY nor its website applications have any knowledge whatsoever at any given time of the credit card number of the client. Each communication between the client s browser and Ingenico E-commerce takes place through the use of the SSL 128 bit double-lock technique. It is impossible for the client to use a browser that is not supporting this double-lock technique. The Ingenico website disposes of a certificate provided by Verisign. This website is protected by several firewall systems and protocol conversions, in order to deny access to the data and payment processors for unwanted visitors.
The invoices apply as proof of default.
Each payment arrear caused by the client legally brings into being, and this without prior proof of default, a back payment interest of 1 % per month, and whereby each commenced month will be incorporated into the calculations as a full month of interest.
It has furthermore expressly been convened that, in case an invoice will not have been paid up by the client at its expiration date, the unpaid amount will be increased by a fixed and irreducible compensation of 15 % with a minimum of 125 ¬ .
In case the financial status of the client is deteriorating for any reason whatsoever, THE COMPANY is entitled, even after a partial execution of the contract, to claim all necessary warranties in order to safeguard the client s engagements.
Any refusal hereof by the client will entitle THE COMPANY to terminate the contract at the expense of the client.
No complaint or argument whatsoever, expressed by the client, will justify a payment suspension.
THE COMPANY remains the owner of the products sold until payment in full of the price, including possible back payment interests and fixed compensations.
ARTICLE 8 DELIVERY
Orders are dealt with from Monday until Saturday, except on public holidays.
The goods ordered are shipped from Belgium within a term of one to six working days following the reception of the order, upon reservation of the stock availability.
Delivery of the goods takes place on the basis of the data provided by the client.
An invoice will be established in the name of the client in conformity with the order, and will be shipped together with the goods.
A client who did not receive the goods ordered, has to inform THE COMPANY thereof by means of an electronic message, and this within a reasonable term of 30 days following the order confirmation, under penalty of the unsustainability of a possible complaint.
The e-mail mentioning the non-reception of the order is obligatory to be sent to the following e-mail address : email@example.com.
THE COMPANY cannot be held liable for any delay or shortcoming with regard to the delivery that can be attributed to either an Act of God or events on which THE COMPANY has no control whatsoever, and that might make it impossible or even damaging to execute the agreement, and whereby the following situations can be considered as applying to the above-mentioned description, without this enumeration being restrictive or even indicative in any way : strike, lock-out, rebellion, revolution, mobilisation, war, epidemic, official prescriptions, transport difficulties, disturbance of production, fire and other cases, similar or not.
THE COMPANY can also not be held liable for any delay or shortcoming with regard to the delivery caused by third parties, such as suppliers, subcontractors, agents and sales representatives, that might make it impossible or even damaging to execute the agreement.
ARTICLE 9 RIGHT OF RENEGING BY THE PROTECTED CONSUMER
The Belgian Law of May 25th, 1999, by which a regulation on the sale at a distance is added to the Law on the commercial practices and the rules to inform and protect the consumer of July 11, 1991, protects the consumer, defined as every natural or legal person that exclusively for non-professional purposes uses or acquires products or services that have been brought on the market.
For what the application of the underlying regulation is concerned, the consumer protected by the said legal disposition will be indicated as the protected consumer .
This protected consumer is entitled to inform THE COMPANY of his decision to abandon the purchase of the goods, and this without any sanction or indication of reason, within a term of seven working days following the date of delivery of the ordered goods.
This reneging can nevertheless only have any effect in case the protected consumer gave knowledge to THE COMPANY of his will by electronic message (at the following address : firstname.lastname@example.org), and on the condition that the products have remained in their original package, have not been used and are ready for resale.
The shipment of the returned products has to take place within a term of three days following the reneging-message to THE COMPANY.
The costs linked to the said shipment of the returned products remain at the client s expense.
ARTICLE 10 RETURNING OF THE PRODUCTS IN CASE OF NON-CONFORMITY OR VISUAL FALINGS
In case the delivered product would contain a visual faling according to the client or would not be in conformity with the order, the latter will be obliged to mention the existence of such a shortcoming to THE COMPANY through electronic way (at the following address : email@example.com), and this within a term of three working days following the delivery of the said product.
The returning of the said product, to be accompanied by a copy of the related invoice, has to take place within a term of three working days following the mentioning of the failure or the non-conformity.
The costs linked to the returning of the product remain at the client s expense.
THE COMPANY reimburses the amount of the order to the client, as well as the shipment costs with regard to the returned goods, as soon as it will come into the possession of the returned product in order to ascertain itself of the anomaly called in by the client.
In that case, the client can equally obtain a free replacement of the failing or non-conform product instead of obtaining a reimbursement of the order s amount.
The replacement will take place within a term of ten days following the returning of the said product, by exclusion of any other way of compensation or interest calculation.
THE COMPANY will be compelled to refuse the replacement in case it would appear that the product had already been used or damaged. The returned product can only be returned by registered mail to the following address : B 1180 Bruxelles, 145, Rue Vanderkindere.
ARTICLE 11 AVAILABILITY OF THE PRODUCTS
The products offered for sale are presented within the boundaries of their availability.
In case the product offered for sale would not be available after the client having passed on his order, THE COMPANY engages itself to inform the client hereof as soon as possible through electronic way.
The client will be entitled to ask by means of an electronic message for a cancellation of the order, without this cancellation giving cause to any compensation whatsoever at the expense of THE COMPANY.
ARTICLE 12 INTELLECTUAL PROPERTY
All texts, comments, illustrations and pictures reproduced on this website are protected by virtue of the copyrights and the intellectual property. Each entire or partial reproduction without permission granted by THE COMPANY is formally forbidden. In no case the order gives cause to assignment or concession of intellectual rights, except when explicitly indicated.
ARTICLE 13 EXONERATION CLAUSE
The conformity of the products offered for sale by THE COMPANY to Belgian Law has been appreciated by the manufacturers of the said products.
THE COMPANY explicitly repeats to the client that he is held, preliminary to every use of the products concerned, to consult the information provided either on the instruction leaflet, or on the website of the manufacturer of the said product, more in particular regarding certain counter indications.
Under no circumstance THE COMPANY s liability can be invoked under the impression that these products per impossible would not meet the legal prescriptions of the country within which they are to be delivered.
The website of THE COMPANY can equally contain links to other websites, whereby THE COMPANY cannot be held liable for the content of these websites, nor can it be held liable for the products sold on these websites.
ARTICLE 14 PROTECTION OF THE PRIVATE LIFE
THE COMPANY acts in compliance with the statutory Belgian laws, and more in particular the Belgian legal disposition of December 8, 1992 safeguarding individual privacy regarding the processing of personal data, this legal disposition having been altered by means of the law of December 11, 1998, as well as of the law of March 11, 2003 with respect to certain legal aspects of the services rendered within the information society.
THE COMPANY engages itself not to divulge to third parties the information obtained through its clients.
The aforementioned information will only be used for internal purposes, more in particular, and without this enumeration being limitative, for the management of the orders, deliveries, invoicing, solvency procedures with respect to clients and marketing.
By clicking on the link, the client having placed an order on the website of THE COMPANY can at any given time ask to consult his personal data registered by THE COMPANY in order to alter or remove them.
In doing so, the client is always capable of correcting his data by connecting himself to the website of THE COMPANY and by clicking on the button MY ACCOUNT. These rectifications can equally be made by sending an electronic message (address : firstname.lastname@example.org).
THE COMPANY will only make use of personalised publicity after having obtained in a preliminary way a free, special and informed approval of the client.
Moreover, all personalised publicity will contain clear and easily comprehensible information on the right of opposition against future reception of the said publicity, and an adequate means to exercise this right in an efficient way through electronic messaging will be put at the client s disposal.
In case the client might decide to have his name removed, he can easily do so on the website by entering the correct identity and password of the user, and by indicating the desired decision regarding the reception of e-mail messages.
ARTICLE 15 OPPOSABILITY OF THE GENERAL CONDITIONS
The parties explicitly convene that the underlying General Conditions are the only ones applicable within their commercial relationship.
Within the hypothesis that, per impossible, one of the clauses in the underlying General Conditions or any of the possible special conditions would be contradictory to an imperative disposition or a disposition regarding the civil order according to Belgian Law, the entirety of the other clauses will nevertheless remain fully in force.
THE COMPANY reserves the right to alter the underlying General Conditions without informing the client hereof in a personal way and without the latter having the possibility to obtain any compensation due to this adaptation.
ARTICLE 16 COMMUNICATION
Any communication to THE COMPANY within the frame of the underlying General Conditions has to be sent in writing, and will be considered as duly received in case the said communication took place by means of an electronic message sent to the address indicated in the article of the General Conditions dealing with the intended communication.
ARTICLE 17 ENGAGEMENT OF THE CLIENT
In case the products marketed consist of contact lenses, one should remind that THE COMPANY is a centre for the replacement of contact lenses, selling its products directly to the contacts wearing consumer.
In its capacity of replacement centre THE COMPANY only sells contact lenses being prescribed by a professional, and which the consumer usually wears without any problems.
By validating his order, the client confirms that he wears the chosen contacts, for which he disposes of a legitimate prescription, without any problem whatsoever.
It is advisable for any consumer to have his eyes examined on a regular basis by a specialist, and to observe in a rigorous way the instructions of a professional in the medical field of the eyes for a correct use of the contact lenses.
ARTICLE 18 SPECIAL SALES CONDITIONS
The sale of products can, in the underlying case, be subject to special sales conditions, to be specified by THE COMPANY at the reception of the order form, and which have to be accepted in return through e-mail by the client.
The parties convene that, in case of a contradiction between the General and Special Conditions, the latter will prevail.
ARTICLE 19 APPLICABLE LAW DISPUTES
These General Conditions will be governed by and construed in accordance with the laws of Belgium.
In case a dispute might arise, the parties will strive in good faith for an amicable solution.
If the said dispute would persist despite the search for an amicable solution, all disputes of whatever nature will be brought before the courts of the jurisdiction within which the social seat of THE COMPANY is settled.
In case THE COMPANY acts as the plaintiff, it will reserve the right to bring the case before the courts of the jurisdiction where either the social or the operational seat, or the place of residence of the client is established, and this depending on the case.
IN CASE YOU WOULD BE OVERCOME BY AN INEXPLICABLE OR SUDDEN DISCOMFORT OR NUISANCE, WATERING EYES, AN ALTERATION OF THE EYE-SIGHT OR REDNESS OF THE EYES, PLEASE IMMEDIATELY REMOVE YOUR CONTACT LENSES AND CONSULT AN OPHTHALMIST BEFORE RE-UTILISING YOUR CONTACTS.
These General Conditions have been established on November 29 2004.