GCS

General Terms and Conditions of Sale

These conditions of sale are concluded on the one hand by the company BELLATRIX-OPTICAL with a share capital of 8,000 euros whose registered office is located at 102 RES LES JARDINS DE TRIONCELLE 97122 BAIE MAHAULT, registered in the Trade and Companies Register of Point-à-Pitre under number 8113830900000016 hereinafter called “BELLATRIX-OPTICAL” and managing the site BELLATRIX-OPTICAL.COM and, on the other hand, by any natural or legal person wishing to make a purchase via the BELLATRIX-OPTICAL.COM website, hereinafter referred to as “the buyer”.

Article 1. Object

These terms and conditions of sale are intended to define the contractual relationship between BELLATRIX-OPTICAL.COM and the buyer and the conditions applicable to any purchase made through the BELLATRIX-OPTICAL.COM website. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the BELLATRIX-OPTICAL.COM website is not directly related to his professional activity and is limited to a strictly personal use and on the other hand have full legal capacity, allowing him to commit himself under these general conditions of sale.

BELLATRIX-OPTICAL.COM reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The products offered are those that appear on the BELLATRIX-OPTICAL.COM website of the company BELLATRIX-OPTICAL.COM, within the limits of available stocks. BELLATRIX-OPTICAL.COM reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description containing its main technical characteristics of manufacture and resale of glasses. The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the BELLATRIX-OPTICAL.COM website is intended for all buyers residing in countries that fully allow these products to enter their territory.

Article 3. Tariffs

The prices appearing on the product sheets of the internet catalogue and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. BELLATRIX-OPTICAL.COM reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In France, a fixed price for shipping costs will be charged to the buyer for an amount ranging from 10 euros to 20 euros including VAT.

Article 4. Order and payment terms and conditions

Before any order, the buyer must create an account on the BELLATRIX-OPTICAL.COM website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile…), must identify himself using this information. The company BELLATRIX-OPTICAL.COM offers the buyer to order and pay for his products in several steps, with 3 payment options to choose from:

– Payment by cheque: the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by cheque”. Finally, the last step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract.

Upon validation, the buyer receives an order form confirming the recording of his order. In order to finalize his payment and initiate the processing of his order, the buyer must print this order form, accompanied by his check payable to “BELLATRIX-OPTICAL.COM” at the following address: Bellatrix 19 Rue des marquises La Jaille 97122 Baie-Mahault. No cash payments should be sent. Only cheques issued by a French bank will be accepted. As soon as the cheque is received, the order will be processed and the buyer will be informed by email. The company BELLATRIX-OPTICAL.COM will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.

– Payment by bank transfer: the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by bank transfer”. Finally, the last step proposes to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the recording of his order. In order to finalize his payment and initiate the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of BELLATRIX-OPTICAL.COM, whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. The company BELLATRIX-OPTICAL.COM will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by Paypal”. The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the button “Confirm my order”. Finally, the buyer is redirected to the secure PAYPAL interface to securely enter his Paypal account or personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The holder of a credit card is not liable if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred as a result of the transaction, the cardholder must contest, in writing, the debit from his bank within 70 days of the transaction, or 120 days if the contract binding him to it so provides. The amounts deducted shall be reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No costs of returning the sums may be charged to the holder.

The confirmation of an order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and has provided it on his order form, BELLATRIX-OPTICAL.COM will send him by e-mail the confirmation of the registration of his order.

If the buyer wishes to contact BELLATRIX-OPTICAL.COM, he can do so either by mail to the following address: Bellatrix 19 Rue des marquises La Jaille 97122 Baie-Mahault FRANCE; either by email to the following address: contact@bellatrix-optical.com, or by telephone to 05 90 98 18 91.

Article 5. Retention of ownership

The company BELLATRIX-OPTICAL.COM retains full and complete ownership of the products sold until full payment of the price, in principal, fees and taxes included.

Article 6. Retraction

Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.

Article 7. Shipping & Returns

Deliveries are made to the address indicated on the ordr form, which can only be made in the agreed geographical area. Orders are placed by La Poste via COLISSIMO or Chronopost, delivery service with tracking, delivery without signature. Delivery times are given only as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The company BELLATRIX-OPTICAL.COM may provide the buyer by e-mail with the tracking number of his package. The buyer is delivered to his home by his postman. In the event of the buyer’s absence, he will receive a notice of passage from his factor, which allows him to collect the products ordered at the nearest post office, for a period of time indicated by the postal services. The risks related to transport are borne by the purchaser from the time the items leave the premises of BELLATRIX. The buyer is required to check in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Guarantee

All products supplied by BELLATRIX-OPTICAL.COM benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the company BELLATRIX-OPTICAL.COM which will take it back, exchange it or refund it. All complaints, requests for exchanges or refunds must be made by post to the following address: Bellatrix 19 Rue des marquises La Jaille 97122 Baie-Mahault, within thirty days of delivery

Article 9. Responsibility

BELLATRIX-OPTICAL.COM, in the distance selling process, is only bound by an obligation of means. Its liability cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.

Article 10. Intellectual Property

All elements of the BELLATRIX-OPTICAL.COM website are and remain the intellectual and exclusive property of the BELLATRIX company. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Article 11. Personal data

BELLATRIX-OPTICAL.COM undertakes to preserve the confidentiality of the information provided by the buyer, which it may transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He can make a request at any time by mail to the following address: Bellatrix 19 Rue des marquises La Jaille 97122 Baie-Mahault.

Article 12. Dispute resolution

These distance selling conditions are subject to French law. For all disputes or litigation, the competent court shall be the one of POINTE-A-PITRE.