General Terms and Conditions of Use and Sale

iVision Tech France SAS offers you the online purchase of exclusive eyewear through the website https://www.maison-henry-jullien.fr/, in accordance with high quality standards and the excellence of our design.

Distance sales agreement via telematic network between:

iVision Tech France SAS
65 RUE EDOUARD BRANLY, 39000 LONS-LE-SAUNIER (France)
VAT No.: FR07980002315
(hereinafter referred to as the “Seller”);

and

the customer of the website (hereinafter referred to as the “Customer”).

These General Terms and Conditions of Use and Sale (hereinafter the “General Conditions”) exclusively govern the contractual relationship between the Seller and the Customer. These General Conditions are the only ones that may be applied and replace all other conditions, unless any prior, express and written derogation is agreed.

The Seller may be required to amend some of these provisions; therefore, the Customer is advised to read the General Conditions before each purchase from the Website. By accessing the Website, the Customer undertakes to comply with the General Conditions and the Terms of Use detailed therein.

By placing an order through the available methods, the Customer declares that they have read all information provided during the purchase procedure and fully accept these General Terms and the Payment Terms set out below.

The submission of the purchase proposal by the Customer implies full knowledge of the General Conditions and therefore constitutes acceptance of them, without any possible recourse.

The Customer may purchase only the products shown in the Website’s electronic catalogue at the time the purchase proposal is submitted and available online at www.maison-henry-jullien.fr, as illustrated and described in the relevant product information sheets.

Product images and the information contained in the product information sheets on the Website correspond to the actual characteristics of the products. It is understood that any discrepancy between what is published on the Website and reality cannot be attributed to the Seller, who is not responsible for the accuracy of the information provided, as each individual supply of raw materials may differ from what was photographed and/or described at the time. The Seller reserves the right to make continuous improvements to the product without having to update photos and descriptions on the Website at the same time.

Purchase proposals may be submitted by the Customer in the following ways:

• Via the Internet on the Website maison-henry-jullien.fr, 24 hours a day, 7 days a week;
• By e-mail to contact@maison-henry-jullien.fr, 24 hours a day, 7 days a week;

For the cases indicated above, the Customer must necessarily specify:

• item code and description,
• any available options (size, colour, etc.),
• price,
• preferred shipping and payment method (to be chosen among those available on the platform),
• first name, last name, address,
• telephone number and/or e-mail.

Any purchase proposal received without the precise indication of all the above data will be put on hold. The Seller will notify the Customer by e-mail or other means indicated by the Customer, specifying the reason for the refusal and offering the possibility to complete the information provided within a maximum of 5 days from receipt of the communication. Once this period has elapsed, if the integration has not been provided, the Seller will cancel the purchase proposal and notify the Customer.

Once the purchase proposal has been received, the Seller will send the Customer an e-mail confirming receipt. Thereafter, within a maximum of 15 working days from receipt of the purchase proposal, the Seller will verify the data provided by the Customer and the availability of the requested products, according to the methods set out in point 7 (Availability). The Seller will then promptly inform the Customer of acceptance of the order by sending an e-mail or other means indicated by the Customer, containing: Order Number, Customer Code and Order Date, to be used in any further communication with the Seller.

In the event of non-acceptance of the order, the Seller will promptly notify the Customer.

Once the purchase procedure has been completed according to the methods indicated in point C (Purchase procedure), the Customer undertakes to print and/or keep these General Conditions, which the Customer will have already viewed and accepted as a mandatory step in the purchase, as well as to print the specifications of the product(s) purchased, in order to fully meet the requirements of Regulations (EU) 2017/745 and 2019/1020.

The Customer is strictly forbidden to enter false and/or invented and/or fictitious data during the registration procedure required to activate the process for the execution of this sales agreement and related communications. Personal data and the e-mail address must exclusively be the Customer’s real personal data and not those of third parties.

The photographs presenting the products and the technical sheets are not part of the contractual scope and may in no case be considered as the Seller’s responsibility. The technical sheets and product images are provided for information purposes only and are not updated in real time.

The sale prices indicated on the Website are expressed in euros (€) and include VAT (for Europe; for all non-EU countries the price is VAT excluded) and do not include delivery charges unless otherwise stated. Delivery charges, where applicable, are always borne by the Customer and are invoiced at the end of the order as a supplement to the selected products.

Sales to customers outside the EU are understood to be supplied DAP (Delivery At Place).

The Seller reserves the right to change prices at any time, but undertakes to apply the prices indicated on the Website at the time the order is placed.

The Customer’s order will be fulfilled within the limits of stock availability for the type and quantity of products indicated in the purchase proposal.

If the ordered product is not available, the Seller undertakes to contact the Customer by e-mail or other indicated means, within 15 days from the date of the purchase proposal, to inform them of the time required to deliver the ordered product.

If only some of the ordered products are not available, the Seller undertakes to ship the available products immediately and to bear the delivery costs related to the shipment of the remaining products.

During completion of the purchase proposal, the Customer may choose among the available payment options. For deliveries made in France and Europe, the accepted payment methods are: PayPal and bank transfer. For deliveries made abroad, the accepted payment methods are: PayPal. For purchase proposals sent by e-mail, the only permitted payment method is the same: PayPal.

PAYPAL. The PayPal service is provided by PayPal (Europe) S. à R. L. & Cie, S. C. A., also referred to as “PayPal Europe”. This service allows payments to be made free of charge, which will be processed via the Customer’s personal PayPal account. For more information, please visit the PayPal website. In the case of purchases made with PayPal, upon completion of the online transaction the relevant amount is charged to the Customer’s PayPal account at the time the purchase proposal is acquired.

In the event of cancellation of the order and/or purchase proposal, whether by the Customer or in the event of non-acceptance by the Seller, the amount will be refunded to the Customer’s PayPal account.

Once cancellation of the transaction has been requested, the Seller cannot under any circumstances be held liable for any direct or indirect damages caused by delays in releasing the amount committed by PayPal. At no time during the purchase procedure is the Seller able to know the Customer’s financial information. Since no data is transmitted, there is no possibility of interception. No IT archive of the Seller contains or stores such data. For each transaction carried out with the PayPal account, the Customer will receive a confirmation e-mail from PayPal.

Once the order has been accepted (see point C.3) and the availability of the products requested by the Customer has been verified, the Seller will process the order within a maximum of 30 days from the date of acceptance of the order. The availability times for individual products are indicated on the Website at the time of purchase. “Order processing” means delivery of the parcel to the appointed carrier.

The Seller undertakes to ship immediately the products that are available in stock. If the products requested by the Customer are not available in stock, the Seller will produce them.

During order processing, the Seller will issue a receipt or an accompanying invoice for the order amount, which will then be placed inside the parcel delivered to the Customer, according to the methods provided in point M (Delivery).

Products purchased on the Website may be delivered to all the countries indicated on the purchase page. Deliveries to countries within the European Union (EU27) are free of charge, except in the event that the right of withdrawal is exercised, in which case shipping costs remain borne by the Customer. For shipments to countries outside the European Union, shipping costs are always borne by the Customer. Alternatively, it is possible to place an order by e-mail; in this case delivery can be requested to any country in the world and the Customer will receive a specific quotation for the relevant shipping costs.

DELIVERY TIMES. Delivery times vary depending on the carrier used. Delivery times indicated on the Website are indicative and subject to change. Carriers transport and deliver products only on working days; therefore Saturday, Sunday and public holidays are excluded. The Seller shall not be held responsible for consequences due to any delay in delivery or loss or damage to the order by the carrier.

SELECTED CARRIER. The Seller reserves the right to ship products with the carrier most suitable for the logistical requirements.

CALCULATION OF SHIPPING COSTS. Delivery costs are calculated based on weight, dimensions, destination of the parcels and any additional services requested by the Customer, subject to availability. For shipments within the territory of the European Union, transport costs are included. For shipments to non-EU countries, transport costs, as well as any customs duties, import charges and local taxes, shall be borne by the Customer, who will pay them upon delivery.

DELIVERY METHODS. Delivery methods vary depending on the carrier used. The Customer may choose among various delivery methods available at the time the purchase proposal is completed.

COURIER DELIVERY. Delivery is made throughout France within 48 hours, with the exception of islands where delivery will be made within 72 hours; in the rest of Europe according to the times indicated at the time of purchase by the e-shop.

ACCEPTANCE OF THE PARCEL. Upon delivery, the Customer must check the integrity of the external packaging, but may not open the parcel.

If no issues are found, the Customer must accept the delivery and, where applicable, pay any cash-on-delivery amount to the courier.

In the event of external material damage to the packaging due to transport, the Customer may:

8.1. Refuse the parcel, stating the reasons for refusal.

8.2. Accept the delivery with reservation by writing on the courier’s slip “Accepted with reservation” and providing a detailed description of visible damage on the outside of the box, followed by the Customer’s signature. Within the following 48 hours, the Customer must send a notice to the Seller’s Customer Service describing what happened and stating the order number and/or delivery note number. Otherwise, any refund request relating to such damage will automatically be rejected.

NON-DELIVERY, REFUSAL OR STORAGE OF THE SHIPMENT. The Customer is required to be available at the time of delivery and to cooperate with the courier for the proper receipt of the goods.

In the event of failed delivery due to the recipient’s absence, incorrect or incomplete address, failure to collect the parcel from the holding facility, unjustified refusal of the shipment or failure to pay cash on delivery, the order shall in any case be considered fulfilled.

If the shipment is returned to the Seller for reasons attributable to the Customer, the Customer shall be required to reimburse:

• outbound shipping costs;
• return shipping costs;
• any storage/holding fees charged by the courier;
• any customs duties, import charges or administrative fees incurred by the Seller;
• non-refundable payment processing fees applied by payment platforms or credit institutions.

Any refund of the product price, if due, will be issued net of the above-mentioned expenses.

Refusal of the shipment or failure to collect it does not constitute exercise of the right of withdrawal.

In accordance with Directive 2011/83/EU, the Customer who is a consumer (i.e., a natural person purchasing goods for purposes not related to their professional activity and without indicating a VAT number in the order) has the right to withdraw from the purchase contract without any penalty and without providing any reason, within 14 days from delivery of the goods (the date indicated on the carrier’s waybill shall be proof).

The right of withdrawal is exercised by sending, within the above term, an e-mail to sav@maison-henry-jullien.eu and by returning the goods, together with proof of purchase, to the following warehouse address: 65 RUE EDOUARD BRANLY, 39000 LONS-LE-SAUNIER (France).

Pursuant to Article 16 of Directive 2011/83/EU, unless otherwise agreed between the parties, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised.

If the right of withdrawal is exercised, the Customer must return at their own expense all items in the order as received, absolutely new, unused, complete in all parts, in their original packaging (bags and boxes) and with any warranty seals intact. Failure to comply with these conditions makes the right of withdrawal inapplicable. Until receipt is confirmed at the Seller’s warehouse, the products remain under the Customer’s full responsibility.

The Customer is invited to follow the procedure indicated by the Seller for returns and not to ship products for which the right of withdrawal is not applicable. Otherwise, collection of the goods at the Seller’s warehouse shall remain at the Customer’s care and expense.

Once the goods have been received, the Seller will verify conformity with the above conditions. If the outcome is positive, the Customer will be sent confirmation of acceptance of the return; if the products do not meet the required conditions, the refund will not be made.

If the returned products are accepted, the Seller will refund the amount paid by the Customer within thirty (30) days. Shipping costs are not refunded. The initial shipment to the Customer, if made to European Union (EU27) countries, is offered free of charge only if the sale is definitively concluded; in the event the right of withdrawal is exercised, the Customer must fully bear shipping costs, both for the initial shipment and for the return shipment to the Seller.

The refund may be made by replacement of the goods, refund to the Customer’s PayPal account, or bank transfer. In the latter case, the Customer must promptly provide the bank details necessary for the credit.

The right of withdrawal shall also lapse in the following cases:
– use of the goods in a way that compromises their integrity;
– absence of the external packaging and/or original internal packaging;
– damage to the product due to causes other than transport.

In the event of forfeiture of the right of withdrawal, the Seller will return the purchased goods to the Customer, charging the Customer for shipping costs.

All products sold on the Website comply with the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods. The products are also covered by the conventional warranty offered by the manufacturer and, for end consumers, by a legal conformity warranty lasting 24 months for any lack of conformity.

If the Customer must return products to the Seller, the Customer must send an e-mail to sav@maison-henry-jullien.fr and return all the goods and the purchase receipt to the following warehouse address: 65 RUE EDOUARD BRANLY, 39000 LONS-LE-SAUNIER (France)

In the cases expressly provided for where the Customer is entitled to a refund of the price paid for the purchased products, this will be made within the time limits and under the conditions set out in these General Conditions in point N (Right of withdrawal).

The Seller undertakes to ensure the protection of the Customer’s personal data in accordance with Regulation (EU) 2016/679 (GDPR). The Customer is informed about the methods of processing personal data at the time the purchase proposal is submitted and during online registration on the Website.

R7 > DATA CONTROLLER: iVision Tech France SAS, 65 RUE EDOUARD BRANLY, 39000 LONS-LE-SAUNIER (France), VAT No.: FR07980002315.

The Seller will send the Customer e-mail communications strictly necessary for the management of the order and the contractual relationship (e.g. confirmations, updates, support, invoicing, returns, complaints). Such communications form an integral part of the performance of the contract and/or legal obligations.

Promotional communications, newsletters and commercial updates will be sent only with the Customer’s express and optional consent, which may be withdrawn at any time via the unsubscribe link included in every e-mail or by contacting the Seller. For more information on the processing of personal data, please consult the Privacy Policy.

Any complaint must be addressed to the Seller’s registered office.

The parties have the right to terminate the contract with immediate effect in the event of breach, even partial, of the obligations of the other party, by written notice to be sent to the other party by registered letter with acknowledgement of receipt.

A party shall not be held liable to the other for delays or failure to perform contractual obligations caused, directly or indirectly, by force majeure events beyond its control.

The Seller assumes no liability for disruptions attributable to force majeure that prevent, in whole or in part, performance of the sales agreement within the agreed time limits.

The sales contract between the Seller and the Customer is concluded in France and is governed by French law. In the event of civil or criminal disputes arising from the conclusion or performance of this distance sales contract, exclusive territorial jurisdiction is assigned to the courts of Lons-le-Saunier, the Seller’s registered office, regardless of the Customer’s nationality or place of residence.

The conditions contained in this document may be amended by the Seller without prior notice and shall be valid from the date of publication on the Website.