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Legal Notice and Terms of Sales

Article 1 - Legal notice

Legislation and applicable regulations for Optics-Eyewear:
● L4263-1 and following articles of the Public Health Code
● Decree of 23 July 1996 on estimates
● Decree of 13 April 2007, No. 2007-553
● L165-1 and following articles of the French Social Security Code

Website of the Agence française de sécurité sanitaire des produits de santé:

http://ansm.sante.fr/

Acuitis is a simplified joint stock company, with capital of 1,510,000 euros, whose registered office is 7 rue de Madrid 75008 Paris, France and is listed on the Trade and Companies register of Paris under number 517 780 870. Its VAT number is FR45517780870 and it is registered on the French Database of Healthcare Professionals (FNPS) under number 752 612 812 with the Primary Health Insurance Fund.
Publishing Director: Jonathan Abittan
Customer Service: customerservice@acuitis.com

This website was designed by the Shopify Unique Paris agency, whose registered office is located at 33 rue d'Hauteville, 75010 Paris, France. https://unique.paris/

The site is hosted on Shopify servers.
Acuitis is the publisher and operator of the www.acuitis.com websites, (hereinafter the "Site" or "Sites") whose purpose is the sale of optical products. This activity is carried out in strict application of the regulatory framework of the profession of optician. As such, Acuitis consists of a team of French qualified opticians. This team may be contacted by email at customerservice@acuitis.com. Acuitis also has a network of stores in France, Luxembourg and Switzerland. The laws and regulations applicable in optics and eyewear are available on the Légifrance website.

 

Article 2 - General

These terms define the conditions for use of the Sites and conditions of purchase of goods and services by users. The creation of an account and / or placing of an order on the Site implies express and unconditional acceptance of these terms, without this acceptance being conditioned by a handwritten signature from the Customer. When ordering, the Customer declares to be aware of these terms and accepts the rights and obligations related thereto.
Acuitis may suspend an order, the Customer Account and terminate said customer account in case of non-compliance by the Customer of these conditions, without prejudice to any damages that Acuitis might claim.

Article 3 - Identification of the Customer

By placing an order on one of the Sites, the Customer certifies that they are:

older than 18 years,
in possession of a valid prescription for glasses with corrective lenses, and that such a prescription was given to them by an ophthalmologist in the last thirty-six months for a wearer aged over 16 or within twelve months for a wearer under 16. This prescription must be sent to Acuitis when ordering in order to validate it. Until Acuitis receives the prescription, delivery will be suspended unless the customer sends a sworn statement, via the Customer Service, justifying that the sale of products requested is not subject to medical prescription.

Only Customers, non-commercial individuals, can acquire products on the Sites.
To purchase on one of the Sites, the Customer must have previously created an account with a personal username and password. Any orders placed using such personal data is deemed to be made by the Customer and requires the payment of such order. In case of loss of data, the Customer must immediately notify Acuitis which will block the account of the person or provide them with a new password.

Article 4 - Ordering on the Site

The Customer guarantees that they are fully authorised to use their credit card or PayPal account for payment of their order and that this credit card or PayPal account provides access to sufficient funds to cover all costs arising from the acquisition of products on the Sites.
After filling their cart on one of the Sites, the Customer is presented with a summary of selected products and services in the form of an estimate. The Customer accepts this estimate in compliance with local provisions, by clicking the “Confirm and Pay” button. The order will be final only after payment of the corresponding price subject to the transmission by the Customer of a valid prescription and acceptance of the order by Acuitis.
By clicking on the "Confirm and pay" button, the Customer is considered to have agreed to an electronic signature which has, between Acuitis and Customers, the same value as a handwritten signature and is proof of the entire order and of payment due pursuant to that order.
Subject to availability and receipt of a valid order, Acuitis confirms the Customer's order by email, and shipment by e-mail so that the Customer may track the delivery.

 

Article 5 - Pupillary distance measurements

To confirm an order for prescription lenses, the Customer must send ACUITIS the corrections indicated on the wearer’s medical prescription as well as the pupillary distance or send ACUITIS opticians the documents enabling them to know or take this measurement. The Customer can find their pupillary distance measurement: During the consultation with an ophthalmologist, From the last optician who handled their prescription or sometimes on the card or invoice from the optician with the measurement of their pupillary distance (sometimes marked PD for "pupillary distance") Using the PD measurement tool on the website following the instructions under "Your PD" By visiting our ACUITIS stores and asking our opticians to measure it.

Article 6 – Prices, Terms of Payment and Security

All product prices are indicated in euros (€) including VAT for France and Luxembourg. Payment terms are specified at the latest at the beginning of the ordering process. If there are changes in the VAT rate, the price will automatically change without any further notice other than that of the due date of the new VAT rate. ACUITIS currently only delivers to Mainland France and Corsica. Shipping costs are free. Orders are payable immediately by credit card or PayPal account in the currency of the site, that is to say in Euro for France.

Article 7 – Security

ACUITIS uses a verification procedure to prevent fraudulent use of bank details while ordering on its Sites. As part of this verification, the Customer may be asked to send ACUITIS (by fax, mail, e-mail) a front and back copy of their identity document (national identity card or passport) as well as a supporting document stating the Customer’s address issued less than 3 months previously. The order will only be shipped after receiving verification of the documents submitted. ACUITIS will refund the order in case of non receipt of documents or in case of receiving non-compliant documents. ACUITIS entrusts the security of its transactions to PaySafe. The Site is subject to one of the most efficient security systems available at present. It has adopted the SSL (Secure Socket Layer) encryption process to protect as effectively as possible all the sensitive data related to the means of payment. ACUITIS never has access to personal and confidential information relating to the payment means. Only the authorised service provider has confidential information (card number, expiry date), which is inaccessible by a third party.

Article 8 - Quality Control
We check that our glasses fitted with corrective lenses and our sunglasses comply with EC standards.

Article 9 – Conformity of products and services, unavailability

ACUITIS will do its utmost to ensure that the photographic representation of products or services on the Site is as faithful as possible to the products or services themselves.
However, given the digital mode of presentation of products or services on the Internet, it is possible that the perception by the Customer of its photographic products or services may not exactly match the product or service itself. The Customer has the option to go to an ACUITIS store to try the products for themselves.
In case of non-compliance of the product delivered to the Customer (the product supplied is different from what was ordered, for example if there is a difference in terms of the model, the colour or the correction), the Customer can return the product to ACUITIS.
Pursuant to the provisions of articles L 211-4 et seq. of the French Consumer Code, in case of non-compliance of the products, the Customer is entitled to:

Seek repair of the product unless it leads to a manifestly disproportionate cost,
Seek replacement of the product by asking for delivery of a product of equivalent quality and price in stock.
If the repair or replacement of the product are impossible, the Customer may return the product and be refunded for the price of the product ordered, at no expense. The Customer will then be refunded within 14 days after their request and subject to ACUITIS having effectively received the return of the product in question.
Return costs are covered by ACUITIS.
In case of damage due to transportation, if the package is damaged, the Customer must refuse the package upon delivery or file a certificate of damage with the carrier. In any case, the Customer can also return the product to ACUITIS.
The Customer then has the option of:

Either being delivered a product of equivalent quality and price, while stocks last,
Or being refunded the price of the product ordered within 14 days of the request.
Delivery costs of a new product will be covered by ACUITIS.
The Customer must make their claim by email, starting from the receipt of the parcel, to customerservice@acuitis.com or by mail to:
ACUITIS - Service Client
7 rue de Madrid
75008 Paris

Any claims after this time will be rejected and ACUITIS will decline all responsibility.
The Customer must, within the same period, return the goods to the following address:
ACUITIS - Service Retour
7 rue de Madrid
75008 Paris

The product may be sent in any of the following ways:

- Properly protected in its original packaging, with any accessories, instructions for use and documentation,
- Accompanied by the sales invoice to allow ACUITIS to identify the Customer (order number, name, address) and issue the credit note /pay the corresponding refund (amount of money refunded, excluding any shipping costs)
- Without the product having been clearly used for a long time, i.e. subject to the products not bearing evidence of prolonged use beyond the time needed to try them.
Shipping must be tracked. ACUITIS refunds the return costs (subject to the standard rate in force) after receipt of the returned goods, subject to compliance with the above provisions (including those relating to the status of the products and their packaging). Returns by cash on delivery are not accepted.
If the conditions for sending recalled above are not met, ACUITIS will be unable to refund the relevant goods.

Article 10 – Place of delivery

ACUITIS informs the Customer by email when an order is shipped. The package includes a delivery note. ACUITIS will also send by mail to the Customer the original invoice in duplicate as well as all documents necessary for refunding by the Customer’s medical insurance.
The products will be sent to the delivery address entered by the Customer during the ordering process.
All deliveries are notified by email to the address indicated by the Customer during the order process.
For any orders not received at the indicated address, forwarding costs to the new address transmitted will be paid by the Customer. For example, when the parcel has not been claimed by the Customer or when the delivery address entered in the Customer details is incomplete or invalid, leading to a return of the parcel to ACUITIS.
The delivery of prescription glasses requires prior receipt by any means (electronic, fax or paper) of a prescription issued by an ophthalmologist as stated in Article 3. Delivery of products will be suspended as long as ACUITIS has not received such a prescription.
Products ordered on the Site are delivered in Metropolitan France and Corsica only, to the address indicated by the Customer when placing the order on the Site. The Customer has the possibility of asking for the products to be delivered to another address than theirs (always in mainland France and Corsica only).

Article 11 – Delivery times

Upon receipt of payment and the necessary information (prescription and pupillary half-distances) to mount the glasses, Acuitis will make every effort to deliver the order of a pair of eyewear with corrective lenses within 10 days and promises that, in all cases, the delivery time will be a maximum of 30 working days starting from receipt of the complete order of the product or service. Upon receipt of the necessary information, ACUITIS will inform the customer an estimated delivery date subject to availability.
Any order not respecting the process defined (mail order, etc.) is liable not to be processed by us or may generate additional delivery time.


Wherever possible, especially when the delivery delay is attributable to ACUITIS, the Customer will be notified by email of the delay in the order and the estimated delivery time.
Otherwise, especially when the delivery delay is attributable to the carrier, the Customer may contact the ACUITIS Customer Service , whose details are given in the "Contact" section of the website and in Article 1 of these Terms and Conditions of Sale.
The Customer has the option to cancel the order if its delivery does not intervene within seven working days after the delivery date indicated by ACUITIS, unless the delay in delivery is due to a case of force majeure as laid down by French case law.
Within 14 working days of the request for cancellation by the Customer, ACUITIS will refund all sums by bank transfer.


Each delivery is considered to have been completed from the supply of the product or service to the Customer, namely by carrier, confirmed by the control system used by the carrier (such as the delivery tracking system offered on the Chronopost or UPS website).
Without prejudice to the time available to the Customer under their right of withdrawal defined in Article 12 below, it is the Customer's responsibility to check the shipments on 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 clear evidence of damage. The said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days of delivery of the products, with a copy sent immediately to the ACUITIS Customer Service.

Article 11 – Right of withdrawal

For all products sold without further processing (reading glasses, anti blue light glasses, non-prescription sunglasses) the Customer has a right of withdrawal of 14 days from the receipt of goods, in accordance with Article L.121-21 of the French Consumer Code, without having to give reasons or pay penalties, except for the cost of returning tracked packages guaranteeing their return in their original state. When the withdrawal period expires on a Saturday, Sunday or a bank holiday, it is extended to the next working day.
The Customer may exercise their right of withdrawal via the contact form available here [link to withdrawal form] by e-mail at customerservice@acuitis.com, or by mail at the following address:
Acuitis - Service Client
7 rue de Madrid
75008 Paris

The Customer must then return the goods within 14 days maximum, to the following address:
ACUITIS - Service Retour
7 rue de Madrid
75008 Paris

The product may be sent to ACUITIS in any of the following ways:

Properly protected in its original packaging, with all accessories, instructions for use and documentation, accompanied by the sales invoice to identify the customer (order number, name, address) and to issue the credit/refund the corresponding sum (amount of money refunded, any excluding shipping costs), without the product having clearly been used for a long time, that is to say, provided that products do not bear the mark of prolonged use exceeding the time needed to test them.
For French customers who have applied for a refund from social security and their insurance company, the original copies of the treatment form and the invoice we issued must be returned with the glasses. If this is not the case, no refund (even partial) will be possible.
Shipping must be tracked. The return shipping costs are borne by the Customer. Returns by cash on delivery are not accepted. If the conditions for sending recalled above are not met, ACUITIS will be unable to refund the relevant goods.
ACUITIS will pay the refund within 14 days of the date on which the right of withdrawal was by the same method of payment that the Customer used to pay for the order (credit card, PayPal account, bank transfer) . This period may be extended in case of a delay in the receipt of the returned merchandise.
In case of partial delivery, following the unavailability of the ordered products, the withdrawal period begins to run only from the delivery of the final product ordered.

Article 13 - Exclusions from the right to withdraw

Prescription lenses are customised to the Customer’s sight. The Customer does not benefit as such from a right to withdraw under Article L 121-21-8 3° of the French Consumer Code.
ACUITIS offers its customers a 30-day money back guarantee as described in article 14 below.

Article 14 – Guarantees

In addition to legal guarantees, all our glasses come with an additional “money back” guarantee for the 30 days running after the date of receipt.
Any exchange or refund must first be subject to a written request for return. For this, the Customer must contact ACUITIS using the contact form available here, or by email to: customerservice@acuitis.com or by mail within 30 days of receipt of the product (date of postmark).

The returned product must be sent by tracked mail and must include a written description of what is required (exchange or refund) with the complete reference of the order, failing which the processing of the operation may be delayed.

All returned products must be new, unused and in their original case (including with the microfibre cloths and accessories that come with glasses) perfectly intact.

Regarding a purchase of eyewear with corrective lenses, the package must necessarily be accompanied by the original copy of the treatment form ("Cerfa") and the relevant invoices. The refund is applicable on the equipment, excluding shipping costs on possible returns.
If the Customer does not provide ACUITIS with a prescription issued within the past 3 years, they may not be refunded by social security, and the ACUITIS “30-day Money back” guarantee will not apply.
Reimbursement will be made after verification by ACUITIS that the products have been returned in compliance with the above protocol.
The refund will be effective on the bank account linked to the credit card or PayPal payment within 14 days of this request.

 

Article 15 - Fight against fraud

ACUITIS agrees to use its best efforts to fight against Social Security and Medical Insurance fraud. ACUITIS therefore draws the Customer’s attention to the fact that original copies of the treatment form and of the invoice will be required to obtain a refund when the Customer claims their right of withdrawal or guarantee.

ACUITIS reserves the right to delete the account of a Customer guilty of Social Security and / or Medical Insurance fraud, especially of having asked ACUITIS for the refund of purchases on a Site after having already been refunded by their medical insurance.

ACUITIS recalls that, according to Article L 114-3 of the French Social Security Cod, anyone guilty of fraud or misrepresentations designed to obtain or have obtained or attempt to obtain undue services and allowances of all forms paid by welfare organisations is liable to a 5,000 euros fine, without prejudice to penalties resulting from the application of other laws where applicable. Perpetrators of fraud can also incur the resulting penalties for breaches of Articles 313-1, 441-1, 441-6 and 441-7 of the French Criminal Code.

Article 16 - Personal data

ACUITIS, in its role as a data controller, implements computerised processing of personal data (including medical data) for the treatment of your order.
We have a computer system designed to easily manage sales (orders, invoices, refunds). The personal data the Customer gives us is essential to process the request but may also be used for investigations or information on new products as well as current offers.
This data will be kept for 5 years.
The data recipients are ACUITIS, social security, the medical insurance company as well as ACUITIS France and its CRM provider.
The customer has a right of access, and where necessary, rectification or erasure of their personal data, a processing limitation right or right of opposition, the right to portability of their data and the right to withdrawal of consent by sending a letter or an email accompanied by a copy of an identity document.

By accepting third-party payment service offered by the optician, the Customer expressly accepts the collection and recording of their medical data and its transmission to relevant health insurance organisations.
For each shipment, the Customer will be given the opportunity to stop all communications. The Customer is entitled to lodge a complaint with a supervisory authority. They may also register free of charge on the Bloctel telephone preference service, a delegated public service managed by the Opposetel company.

* CNIL statements may no longer only refer to a postal address for the exercise of consumer rights when the company collects its data via electronic means.
ACUITIS collects personal data relating to an person visiting or using its Sites or any recipient of an order. This data collection therefore includes:

When a person subscribes to the newsletter of the Site,
When a person creates an account on the Site,
When the registered member makes an order on the Site,
When a person contacts the Customer Service of the Site
When a person browses the Site.

The data collected is for the exclusive use of ACUITIS. It is necessary for the processing and management of orders and more generally for commercial relations between ACUITIS and anyone visiting or using its Sites, including in the context of customisation of the Sites according to preferences observed during browsing of such Sites.
By registering on the Sites, a person can be informed of ACUITIS offers, in the form of newsletters, event emails or customised email offers of products and services provided by ACUITIS. If a registered person no longer wishes to receive these proposals, they may inform ACUITIS at any time by mail or email (contact information in the ""Contact"" section of the Sites) or via the unsubscribe link contained in each of the emails sent by ACUITIS to the email address provided at registration.
ACUITIS acts as a Data Controller. Such data may be sent to companies and subcontractors which ACUITIS uses for the services it provides or in the conditions indicated in the collection of data on its Sites.
The processing of personal data implemented by ACUITIS via its Sites has been notified to the CNIL (www.cnil.fr) under No. 1905125.
In accordance with the French Data Protection Act of 6 January 1978, you have a right to access, rectify, modify and delete any data about yourself by writing to customerservice@acuitis.com (the e-mail should include the following items: I want to change / cancel my ACUITIS account, using the contact form on the Sites or by mail at the following address:
ACUITIS - Customer Service
7 rue de Madrid
75008 Paris

ACUITIS does not sell, market or rent any personal data about its customers to entities outside the group to which it belongs.
The Customer accepts that their personal visual correction data will be kept for 5 years. They will not under any circumstances be transferred or disclosed to third parties, except in the form of aggregated, non-personal statistics.


Article 17 - Data on the use of the Site

Some technical information can be gathered from the Customer’s browsing on the Sites such as the version of the Customer’s browser (Chrome, Firefox, Safari, Opera, Internet Explorer, Edge, etc.), the type of operating system ( Linux, Windows 10, Mac Os, etc.) and the IP (Internet Protocol) address of the computer used in order to adapt the layout and ergonomics of Sites to the technical specificities of the Customer’s device.


What are cookies?
A cookie is a file that ACUITIS may have to register on the hard disk of the Customer terminal through its Internet browser when the Customer uses the Sites, subject to their agreement or opposition. Only the party issuing the cookie can read or modify the information contained therein.
ACUITIS uses cookies to store information identifying Customers during the consultation of its Sites to facilitate their browsing experience, subject to the choices that Customer make about cookies and which may be changed at any time. In particular, the Customer has the opportunity to oppose the registration of cookies by modifying the options of their Internet browsing software. On this point, see tips for changing these options depending on the browser, available on the website page of the French Data Protection Agency: www.cnil.fr.

Cookies on the Site are used to:

- Adapt the presentation of the Sites to the Customer’s device display preferences (language, screen resolution, operating system, etc.) when using the Sites, according to the hardware and viewing or reading software on their device,
- Draw up visitor statistics and measurements and on the use of various components of the Sites (topics and content visited, paths, etc.), allowing ACUITIS to improve the interest and ergonomics of the Site,
- To store information on a form that the Customer completed when using the Sites (registration or access to their account)
Different types of Cookies

Cookies issued on the Sites are session cookies (which only last for the time the Customer is connected to the Sites) and persistent cookies (whose duration, however limited, is longer than the duration of a connection).
Session cookies are active only during the Customer’s visit and are removed when they close the browser. Persistent cookies remain stored on the hard disk of the Customer device once the browser is closed, until they purge the browser, after a certain time lapse or at any time.
When a Customer browses the sites, third-party cookies can be placed on their computer, unless opposed by configuring the settings of their browser under the conditions described in the paragraph below. These cookies are intended to identify products found on the Sites and collect browsing data to customise the advertising offer that may be presented to the Customer outside the Sites. As part of this kind of advertising partnership, each Site may be required to transmit anonymous browsing data to the partner for products consulted by the Customer when browsing on the Sites.


Accepting or declining cookies
Several possibilities are offered to the Customer to manage cookies. Any settings that the Customer can undertake will likely change their Internet browsing and their conditions of access to certain services that require the use of Cookies.

You have different ways to manage cookies.

- The settings of your web browser
You can at any time choose to disable these cookies. You can also set your browser so it notifies you when cookies are about to be stored on your computer and asks you whether you want to accept them or not. You can accept or reject cookies on a case-by-case basis or refuse them once and for all.
Remember that changing settings may modify your access conditions to our services which require the use of cookies.
If your browser is configured to refuse all cookies, you will not be able to make purchases or use the key functions of our website, such as storing items in your basket or receiving customised recommendations.
To manage cookies to suit your expectations, you should configure your browser based on the purpose of cookies as mentioned above.

- We explain below how to control or prevent the saving of cookies.
Each browser is configured differently. It is described in your browser's help menu, allowing you to know how to change your cookie preferences.
You can disable cookies by following the instructions as follows:

1 / If you are using Internet Explorer

- In Internet Explorer, click the Tools button, then click Internet Options.
- Under the General tab, under Browsing History, click Settings
- Click the View Files button.
Click the Name column header to sort all files in alphabetical order, then browse through the list until you see files that begin with the prefix "Cookie." (All cookies have this prefix and usually contain the name of the website that created the cookie).
- Select it or cookies with the name "ACUITIS" and delete them
- Close the window that contains the file list, and click OK twice to return to Internet Explorer.

2 / if you use the Firefox browser

Go to the "Tools" tab of the browser and select the "Options” menu
- In the window that appears, choose "Privacy" and click on "Show Cookies.
- In the display window, select "Privacy" and click on "Show cookies".
- Locate the files that contain the name “ACUITIS”. Select them and delete them.

3 / if you use the Google Chrome browser

- Click the icon in the Tools menu.
- Select Options.
- Click on the Advanced options tab and access the "Privacy" section.
- Click the Show Cookies button.
- Locate the files that contain the name “ACUITIS”. Select them and delete them.
- Click on "Close" to return to your browser
- Settings on a cookie management platform
- You can manage your cookies by going on cookie management platforms offered by advertising professionals.

ACUITIS uses techniques including cookies required for the operation of the Sites. If the Customer refuses to register cookies on their device of if they remove those saved on it, they may no longer benefit from a number of features that are nevertheless necessary to browse on certain sections of the Sites.
Where applicable, ACUITIS assumes no liability for any consequences brought about by the impaired operation of the Sites due to it being unable to save or view the cookies necessary for their operation, and that the Customer has refused or deleted.

 

Article 18– Applicable Law - Disputes

These Terms and Conditions are governed by and interpreted according to French law.
In the event of a dispute, the Customer will first contact "ACUITIS" to come to an amicable solution. In accordance with the provisions of Article L.133-4 of the French Consumer Code, the Customer may use conventional mediation procedures or any other alternative dispute settlement options.
The search for an amicable solution does not interrupt the duration of the contractual warranty nor alter the time in which to take legal action.
In the event of dispute, the French courts will have sole jurisdiction.
Version of the Terms and Conditions of Sale dated 09/06/2017.

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