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terms of service

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Copyright and intellectual property

The hereunder website is edited by the company Ninava, Ltd, with a capital of € 20.000, listed on the Commerce Registry and the Hong Kong companies special Administrative Region as number 59359232-000-01-12-5 whose main office is located at N° 90 Jaffe Road, Wanchai. 17F, Henan Building. Hong Kong.

The hereunder website is hosted by Simple Helix.

The Managing Director and publishing director of the hereunder website is Mr Pierre Wizman.
polette.com can be accessed freely and is open to every internet user. The purpose is the online sale of eyeglasses or sunglasses to non-trading individuals.

Acceptance of the terms and conditions of sale

These General Terms and Conditions must be agreed by you prior to any purchase, this is accomplished and acknowledged by you by clicking the check box matching the following sentence: "I acknowledge that I have read, and agreed to the general terms and conditions of sale."

That indicates you agree to the Terms and Conditions. That will have the same value than a handwritten signature. If you do not agree to these Terms and Conditions, you cannot use this Site and/or/to purchase any products or services through this Site. There might be instances in which changes to these Terms and Conditions or the Site or specific policies and conditions of the Site and sales that occur from the hereunder website, it is your responsibility to read through these Terms and Conditions upon each interaction with the Site to be certain you fully understand the rules and regulations governing usage of this Site and purchases on this Site and post-purchase protocols. Your continued access or use of the Site shall be deemed to be your acceptance of any changes to the Terms and Conditions.

The acceptance of these terms and conditions implies from the internet users that they are of legal age and have the legal ability to do so, if not they must name a curator or a tutor to act on their behalf.

Other rights or Modification of the general conditions

The herunder general terms can be modified anytime by the website editor or his authorized representative. The general conditions applicable to the website user are the ones effective on the day of his order or his connection on the hereunder website. The editor commits full engagement to keep all of the former general terms and send them to any user requesting them.

Orders

The availability of the products is indicated on the website, in each products’ description.

In order to pass your order, the internet users will have the possibility to choose one or several items and add them to their cart. The process of selecting the glasses presents itself in three steps and will appear as an estimate in the form of a recap:

1° Selecting a frame.

2° Choosing the lenses among the different options offered (single-vision lenses, progressive lenses and non corrective lenses), and other non mandatory options (colors and tint level of lenses)

3° Information about the medical prescription (correction, pupillary distance, etc.) through different forms.

When the order is complete, they can access their cart by clicking on the button meant to that purpose.

When checking their cart, the members will have the possibility to verify the numbers of items as well as the type of the object they have chosen. They can also check the unit price as well as the total price of the order. They will be able to remove one or several objects from their cart and modify their options.

On the recap (estimate) all the articles and billed or offered services will be indicated. If they are satisfied with their order and they wish to confirm it, the internet users could click on the button “order now”, they will directly access the payment form. It will not be necessary for them to create a customer’s account.

From then on, the customers will be invited to control or modify their billing and delivery contact details, chose a mean of payment then they will be invited to make their payment by being re-directed on the secured payment interface. Once the payment is received by the website editor, the latter one undertakes to acknowledge receipt of said reception to the customer through e-mail. The editor undertakes to send an e-mail with the recap of the order to the customer, confirming the process and including the information related to the order, the products purchased and their delivery.

Prices

The prices on the website are all indicative and in Euros, excluding taxes, excluding delivery fees. These prices can be modified at anytime by the editor, the prices shown are only available the day of the order and have no coincidence for the future. The delivery costs will be indicated to the customer before any payment. The VAT is to be paid - if any - at the delivery of the package by the customer. Read more about it under ‘Payment’

A voucher and/or discount code cannot be applied on promotional offers (Sale or other). Two discount codes cannot be applied on one single order.

All of the products from our Sale category are not exchangeable nor refundable. If a flaw is detected by the customer when receiving the order, they need to contact the customer service at customerservice@polette.com so a solution can be offered.

Title retention clause

The products and articles remain the property of the seller until complete payment of said products is made, in accordance with this title retention clause. The risks are nevertheless transferred to the buyer or the user as of the delivery of the products.

Payment

The internet user can place their order on the hereunder website and can proceed to the payment using a credit card or Paypal. The credit card payments will be carried out through secured transaction provided by the contractor: Paypal. As part of the credit card payment, the editor of the hereunder website does not have access to the personal data related to the user’s means of payment. The payment is made directly to the banking institution.

By ordering, you confirm that all the information you provide is correct, you certify that you are allowed to use the credit or debit card in order to place your order and that you have sufficient funds to cover the cost of the purchased goods. We would like you to acknowledge that the issuer of your credit or debit card or your bank could charge exchange fees or other amounts in connection to your purchase. You need to approach the issuer of your credit or debit card to know these potential fees.

Know that you are the importer of any order addressed to you.

Prices do not include the VAT related to the fees of the destination country in the European Union. The delivery fees, and the customs fees will have to be paid extra.

If required, you need to contact us and attach the customs invoice and we will partially provide compensation - in the form of vouchers to use on our website - for the customs fees.

Conception and delivery

a) Delivery period

Careful: the delays indicated on the Shipping tab are an estimation. Know that our services are working to offer you the best delivery possible. If your order wasn’t delivered to you under 30 days (except for some countries) you can send an email to our customer service at customerservice@polette.com so a solution can be offered to you: the refund of your purchase or the relaunch of your order.

If the merchant has all the information needed to honour the order (prescription etc.) the customer should count on: 2 days to conceive single-vision lenses and 6 days to conceive tinted, progressive, photochromic lenses. Once the order is validated by our polette, if the customer has made a mistake choosing his options (tint, lenses, etc) the amount due will be offered to him through a voucher available on the website during 2 to 3 months. When the order is validated and sent to the laboratory, no change can be made at the merchant's cost. The orders are delivered by the local post company. Once the order is conceived, an email with shipment information will be sent to the customer.

Some products or very high quantities may justify a longer delivery time. If this is the case, the consumer will be immediately notified during the validation of the order.

Once the package is shipped and the shipment email sent to the customer, it will no longer be possible to change the the delivery address. In addition, it is the customer's responsibility to track his package on the carrier's website once the shipment email is sent to him. If he hasn't received any delivery notice from the mailman at the end of the delivery period announced on the present website, the customer needs to go to his local post office with the tracking number to pick up the package.

b) Apparent defects

The customer undertakes to check the conformity of the product ordered at delivery. Any delivery mistake regarding the order or apparent defect should be the subject of a claim, within a period of 7 days from the delivery. After this period, the product will be deemed approved by the customer, which will no longer be able to rely on an error of delivery or an apparent defect.

c) Damages and partial losses.

The receipt of items carry out any action against the carrier for damage or partial loss if within three days, excluding national holidays following that of this reception, the recipient has not notified to the carrier by registered letter its protest reasoned.

Claims related to the transportation products must therefore be brought on the transport document and then confirmed to the carrier and to the seller by registered letter with request for acknowledgement of receipt within three clear days from receipt of the products under penalty of preclusion of reserves and claims.

d) Return to sender

In case the customer has made a mistake on the delivery address or hasn't picked up the package on time at the local post office when delivery failed, the package will be returned to the sender. If the post office no longer has the package, the customer needs to contact the customer service at customerservice@polette.com. He will be offered a choice between two solutions:

1) The customer wishes to receive his/her glasses and pays the cost of shipment, $ 5.99 and administrative fees, between 4 € to 7 € according to the destination country.

2) The customer does not wish to wait and claims a refund. Only the frame(s) will be refunded. The price of the customization and shipping fees will remain at his/her cost.

Purchasing policy

a) Customer Service

The Customer Service of the present site is available 7 days a week from 10:00 to 19:00 by email at the following address: customerservice@polette.com. In this case, the publisher undertakes to provide a response within 72 h.

b) Right of withdrawal

In accordance with the law in force, the consumer has a period of 14 days from the date of reception of the package to the request for exchange, voucher or refund. The right of withdrawal only extends to the value of the ordered frames plus shipping fees, but not lenses that have been customized for the customer. In order to exercise this right, it is the sole responsibility of the customer to return the parcel to the company's customer service department accompanied by a letter (at the customer's expense) requesting either the exchange, voucher or refund. Please contact customer service via customerservice@polette.com for the return address.

c) Exchange and refund conditions

The frames belonging to the e-polette category are exchangeable or refundable. Only the price of the shipment to the return address will remain at the cost of the customer. All our ‘fashion lenses glasses’ (not customized: without corrective lenses or tints) are guaranteed 100% satisfied or refunded and exchanged, within 15 days from the receipt of the package.

If the product is not suitable, the customer may return it to get a replacement, a voucher or a refund of the frame(s) and the shipping fees only.

If the product was damaged by the customer this warranty is not effective. The frames, even customized, can be exchanged no matter the reason. However, the fees for the production of corrective or tinted glasses will be at the customer’s cost. The frames of a higher price can be ordered but the extra cost will be charged to the customer. In case of an exchange for a frame of lower price, the difference will be refunded within 8 to 10 days.

If the corrective lenses do not match the prescription originally submitted, the customer needs to contact our optical service at optical@polette.com and send their prescription and pupillary distances in order to get offered a solution.

Glasses damaged during transportation are exchangeable for free if the customer contacts the customer service within 7 days and provides photos of said damage.

The new glasses will be manufactured and shipped once the returned products will be received by our services.To qualify for these guarantees simply contact our customer service at this email address: customerservice@polette.com.

In case the lenses received do not suit the customer, detailed verifications are made by our opticians between the customer’s prescription and the optical report. If the corrective values are very well applied:

- progressive lenses: an optical test as well as a solution will be offered to the customer.

- single-vision lenses: no relaunch will be offered by the merchant. The customer will have the possibility to return his eyeglasses to the after-sale service, nevertheless he will be offered a refund of his frame(s) and shipping fees only, the price of the lenses will remain at his cost.

Refunds:

Sums reimbursed correspond to the price of returned products plus the shipping fees payed at the moment of the order if the refund affects the entire order.

The refund will be transferred within about 8 to 10 days once the products are received and processed by our service.

The customer will be reimbursed through the means of payment used when ordering. All returns must be made complete (packaging, manuals, accessories), and returned products must not be soiled or damaged (as a result of their use).

d) Corrective lenses

If, following an investigation conducted in collaboration with the customer a manufacturing error is found, this will be the full responsibility of the merchant.

If an error was made by the customer when filling out the online form, it is up to the customer to take responsibility and pay the extra it might cause.

Product warranty

All the products sold on this website, are sold in compliance with the legislative and regulatory provisions in force and benefit from all the approvals needed for their launching. Mandatory displays required by the legislative and regulatory provisions in force will be made on the present site, and especially in the summary quote of the order and the product form of each item.

If you encounter a sight problem with your polette glasses, you need to contact us within 30 days after delivery of your package via optical@polette.com. If this amount of days is exceeded, no solution can be offered.

In the event of the defect of a product purchased on the this website, customers enjoy, in accordance with local law, guarantee against vices that are immediately visible at arrival or ‘hidden’ vices. In case of an immediately apparent vice the customer has to inform polette customer service thereof within 15 days from the date of arrival. For ‘hidden’ vices this period is extended to two years counting from the date of reception and the possibility exists to request a defect product to be repaired, exchanged or refunded. This right is only granted in case the the delivered product does not suffice in the sense of the word ‘hidden’ described in the following paragraph.

The ‘hidden’ defect being a defect of the thing which, under normal operating conditions, makes it unfit for the use for which it was intended and the obligation of compliance is defined as the handing of the contractually agreed thing, the publisher of this site is not responsible, even in the context of the conventional warranty for normal wear and tear of the products, resulting from misuse or accidental damage of the products.

To exercise the aforementioned right it’s the responsibility of the customer to inform polette customer service within 15 days of finding out about the defect via customerservice@polette.com In case the package needs to be returned, this needs to be sent to an address specified by polette customer service and joined by a filled in return form. In case the package is returned to an address not specifically communicated by polette customer service, the right to refund will expire.

The value of the defective product and the shipping fees will be refunded (not including the cost of the personalised lenses) if the whole order has been returned. In case the complaint has been deemed admissible by polette customer service, the return fees will be refunded to the customer through the means of payment when placing the order within a period of 30 days.

Personal space

Creating a personal space could be preliminary to the order of an internet user, on the present site.To this end, the member will be asked to provide certain personal information.The Member undertakes to provide accurate information under penalty of termination of the contract laid on by the Publisher and the cancellation of the customer’s account.

Some information will be deemed essential to the completion of the contract and their collection will be essential for the creation of the personal space and the validation of the completion of the contract. If a member refuses to provide said information, the creation of the personal space will not be effective.This space allows the customer or member to consult all its orders made on the site.If the data contained in the personal space came to disappear as a result of a case of force majeure, or a technical failure, the responsibility of the publisher of the present site could not be engaged, such information having no probative value but only an informative purpose.

The publisher however undertakes to keep secured all contractual elements which conservation is required by the law or the regulations in force.The pages related to personal spaces can be printed freely by the owner of the account nevertheless they establish by no means a proof, they are only informative and aimed to ensure an efficient management of the customer’s orders.During the creation of the personal space, the user is prompted to choose a password.This password guarantees the confidentiality of the information contained in its section 'my account' section and the user therefore prohibits himself from communicating it to a third party.Failing that, the site shall not be liable for the unauthorized access to the user's account.

The Publisher reserves the exclusive right to remove any member’s account that would have breached these terms and conditions (including- but this example is nonexhaustive- , when the member will have knowingly provided false information, when registering and the constitution of his personal space) or even any account inactive for at least a year. Said suppression is not likely to constitute a damage to the excluded member that will not be able to claim a compensation as such.This exclusion is not exclusive of the possibility, for the publisher, to undertake judiciary prosecutions against the member, when the facts justified it.

Site content

The internet users are offered the possibility to contribute to the content of the present site, by posting comments.

The comments posted should be in English and will be submitted to the validation of the publisher or the team of moderators.

Contributors are informed that the publisher of the site, represented if necessary by moderators, can choose to publish said comment on the newsletters on this site and on the sites of all of its partners, to charge for the editor to quote the pseudonym of the author of the contribution.

The author waives to his rights on the content of the contributions, in favor of the editor of the site, for any distribution or use, even aimed to sales on the internet, this, evidently, always in compliance with the paternity of the author. In case of the use of the services offered on the site, internet users undertake furthermore and without any limit or reserve to:

- use the services provided by the Publisher as a good user,

- not to undermine peaceful enjoyment of the service by other members,

- respect the rights of third parties,

- not use the services of the site for commercial purposes,

- comply with all legislative and regulatory provisions in force,

- not to hold, on any device offered by the publisher, racist comments, against the rules of public order or to the good moral standards or breaking any legislative or regulatory provision in force.

The use of the service by the internet users will be made under their sole responsibility. They remain, in any event, responsible for the data appearing in their personal account, for the comments published on the site and, more commonly for the use of the services and shall respond before the competent courts.

Any breach of the present general conditions that resulted in a damage or being constitutive of a breach of regulatory or legislative provisions may be straightly prosecuted against the member who makes free, thus, the Publisher of the service, from any liability in the matter.

Computing, files and personal information law

The internet users have free faculty to provide personal information about themselves. Providing personal information is not compulsory to browse on the site. Nevertheless, registration on the present site implies the gathering, by the publisher, of several personal information about the internet users. The internet users not wishing to provide the information needed for the use of the services offered by the present site as well as, if need be, essential to the creation of a personal space, will not be able to use the services provided by the publisher of the present site, or place an order on the present site.

In the event of an order on the present site, the informations related to the collection of payment data, including the credit card number and its use for commercial identification purposes is subject to the consent of the person concerned, through the various forms offered on the present site.The datas gathered are necessary for the proper administration of the services offered on the present site as well as to the respect of its contractual obligations by the publisher. These datas are stored by the publisher in this unique quality, and the publisher undertakes not to use them in another context, or communicate them to third parties, except for the users express agreement or cases statutory.

The contact details of all the users registered on the present site are stored for a period of one year, a reasonable period of time, necessary to the proper administration of the site and to a normal use of the data. These data are kept in secured conditions, according to the current means of the art. In accordance with the latter, the internet users have the right to object, query, access and modify the data they have provided.To do so, they simply need to make a request to the customer service of the present site at customerservice@polette.com. The personal datas collected are subject to a technical processing and are reserved exclusively to the editor of the site. The process manager is Mr Pierre Wizman, whose contact details are shown at the top of these terms and conditions.

The personal datas collected are not transferred abroad. Number of Informant: 1495896. In addition, the publisher reserves the right to collect the IP (Internet Protocol) address of all internet users. This IP address will be gathered anonymously and will be retained the same amount of time as the duration of the personal information will be, and will only be used to allow a proper administration of the services offered on the present site. The IP address is a series of numbers separated by dots, allowing the unique identification of a computer on the Internet.

The publisher will have to communicate all personal data related to an internet user to the Police (on court order) or to anyone. (on judge’s demand) The IP address of your computer may be the subject of a similarity with the actual identity subscriber owned by ISP. (Internet Service Provider)

Cookies

In order to allow all the internet users an optimal browsing on the present site, as well as a better functioning of the different devices and applications, the editor might proceed to implant a cookie on the computer of the user. This cookie is used to store information related to browsing on the site, (date, page, hours) as well as any potential data entered by the internet users during their navigation. (searches, login, email, password).

These cookies are meant to be stored on the internet user’s computer for an unknown duration up to no cookie, and can be read and used by the publisher during a subsequent visit by the user on the present site. The user has the ability to block, modify the retention period, or delete this cookie through its browser’s device. (usually: tools or options / privacy or confidentiality) In such a case, the navigation on the present site will not be optimized. If the systematic disabling of cookies on the internet user’s browser prevents him from using certain services or functionalities provided by the publisher, this malfunction cannot in any way constitute damage to the member who will not be entitled to any compensation as such.

Exemption of responsibility from the editor

In the event of an impossibility to access the present site, due to technical problems of all kinds, the customer will not be able to rely on damage and may not claim any compensation.

Of convention express between the parties, the customer acknowledges that the publisher will be able to perform the obligations undertaken at the conclusion of the contract only when the latter has in its possession all the elements required and requested during the process of the order. (e.g: medical prescription, etc.)

The unavailability, even extended without any limitation period, of one or more products, cannot be constitutive of harm to the internet users and may not give rise to the award of damages and interest on the part of the site or its publisher. The visual representations of the products published on the present site, are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation to provide perfect information. However, as current technology, the result of these representations, especially in terms of colors or shapes, may significantly change from one computer to another or be different from reality according to the quality of graphic props and the screen or the resolution of the display.

These changes and differences may, in no event be attributed to the publisher, who shall, in no case see liability as such. The hypertext links on the present site may redirect on other websites and the responsibility of the publisher of this site cannot be held liable if the content of these sites violates the legislation in force. The responsibility of the publisher of this site cannot be held liable if the visit of one of these sites by the internet user would cause him harm.

Intellectual property policy

All the elements establishing this site belong to the editor and are, as such, protected by intellectual property legislation. Therefore, internet users recognize that, in the absence of authorization, any total or partial copy and any dissemination or operating one or several of these elements, even modified, will be likely to give rise to legal action taken against you by the publisher. This protection will be on every contents of the site: texts and graphics but also on its structure, its name and its corporate identity and style guide.

Jurisdiction

These Terms of Service are subject to the application of the local law in the country of delivery and the exclusive authority of its courts. The language of the contract is English. Unless public order provisions, all disputes that may arise in the execution of these general conditions may, before any legal action, be subject to the discretion of the editor of the site in order to settle. It is expressly reminded that claims for settlement shall not suspend open deadlines for instituting legal proceedings.

Void provision and non waiver clause

If one of the clauses of the present general conditions were to be declared void by a court decision, this nullity cannot take away the nullity of all other clauses, which would continue to produce their effect. The fact, for the editor, not to rely temporarily or permanently of one or more clauses of these general conditions prevail any waiver to take advantage of the rest of the General conditions.

BUYING ONLINE IS WORTH FULL AND WHOLE ACCEPTANCE OF THE GENERAL CONDITIONS OF SALES.