Terms and conditions of use of the website
- Description: Definitions
The terms and expressions below shall, when their first letter appears in capital letters, have the meaning assigned to them below, unless expressly stipulated otherwise in the body of these Terms and Conditions:
Orders: refers to any order for Product(s) placed by a User on the Site;
General Conditions of Use or GCU: refers to these ; or GCU refers to these ;
General Terms and Conditions of Sale or GTCS : refers to the general terms and conditions of sale, which are accepted unreservedly by the Customer prior to validation of his/her order;
Glasses refers to all optical frames sold by NETLOOKS from the Internet Site, regardless of their brand;
Login: designates the user name and password required to connect to the Website;
Price: designates the price of the Products as published on the Website; these prices are subject to change at the sole discretion of NETLOOKS;
Products : designates the NETLOOKS products on the Internet Site;
Service: designates the service made available by the Company to users to proceed with the purchase of Products on the Website;
My NETLOOKS Service refers to the service made available by the Company on the Internet Site enabling Users to personalise their glasses according to multiple design, aesthetic or dimensional criteria;
Internet Site: refers to the NETLOOKS commercial Internet site accessible from the URL address: https://my.netlooks.fr & my.netlooks.com
Company: designates the company SAS OYYO as designated above;
User: designates any user who proceeds to use the functionalities of the Internet Site &/or to purchase Products on the Internet Site;
2. Purpose of the GCU - Acceptance and modification of the GCU
2.1. The purpose of the GCU is to set out and specify the terms and conditions under which the Internet Site is made available to any Visitor and the conditions of use of the said Site. They apply & are fully enforceable against all Visitors and Users when they visit and use the Site's functionalities.
2.2. All Users and Visitors declare that they have read and accepted the GCU without the slightest reservation and that they comply strictly with them when visiting the Website or using the Services. The GCU are binding on all Visitors and Users and have contractual value between them and the Company.
2.3. The GCU may be updated/modified at the Company's initiative at any time without prior notice to Users. The GCU binding on Visitors and Users are those in force and published on the Site. Any breach of the GCU may justify the blocking of the offending User's access to the Services.
3. Features of the Website - My NETLOOKS Service
3.1. The Internet Site allows Visitors to access information on the various Products offered for sale by the Company (models, prices, functionalities, technical information in particular); it allows Users to access the Services to purchase these Products under the conditions set out in the GTC.
The technical and functional information and any documents accessible on the Website concerning the use and characteristics of the Products and in particular the glasses have no contractual value, as the Company makes every effort to avoid any errors and to update them. In addition, it is the User's responsibility to ensure that the information found on the Web Site is appropriate for his/her needs.
3.2. The User may also access the Create My NETLOOKS Service from the Internet Site. The My NETLOOKS Service enables the User to combine multiple characteristics (aesthetic, design, or dimensional) allowing him to personalise and individualise the Glasses according to his desires and needs. The User declares and acknowledges :
– that he/she is free and solely responsible for the choice of criteria to be combined, without constraint on the part of third parties or NETLOOKS or the functionalities of the My NETLOOKS Service, all information on the descriptions and characteristics of the Glasses enabling the User to define his/her choices having a contractual character between the User and NETLOOKS as of the Order, such that the choices validated by an Order are no longer modifiable or subject to reimbursement or replacement. As such, the choices made by the User are firm and final. By validating his/her Order, the User understands and accepts that these choices may no longer be modified at a later date and that any Order registered and validated on the Web Site may no longer be cancelled or reimbursed without charge, which may be up to the full amount of the Order depending on the production commitment of said Order.
– that he/she is of legal age and that he/she is aware of the regulations in force concerning Eyewear in his/her country,
– that he/she acknowledges that, prior to validating his/her Order, he/she has had a sufficient representation of the Glasses created from his/her choices on the Site and in particular to appreciate the aesthetics of the Glasses in 3 dimensions (the My NETLOOKS service allows the Glasses to be rotated 360°).
– that he is aware of the different sizes of the Glasses, the User being able to request a guide to the sizes of the Glasses located at the foot of the My NETLOOKS Service page by sending his request by e-mail to the following address: service@netlooks.fr
– that the representations of the Eyewear are as faithful to reality as possible. However, as each acetate chip is unique (the pigments being arranged randomly), the aesthetic appearance of each acetate chip may vary from one Bezel to another;
– that the Bezel, once it has been used on the My NETLOOKS Service, is a ‘personalised’ Bezel in accordance with its personal wishes;
In such a way that the Eyewear ordered at the end of its use of the My NETLOOKS Service may not be taken back, exchanged or reimbursed by NETLOOKS, in particular within the framework of the legal right of retraction;
3.3. The User must create an account and log on to the Website to place an Order. In order to secure access to the Website and the Ordering service, the User will be assigned - after validation of his registration - a connection identifier and password. In order to ensure secure access to the Website and the Ordering service, Users will be assigned a login and password once their registration has been validated.
User IDs and passwords are strictly personal and it is the User's responsibility to ensure that they remain completely confidential. They are created, managed, modified and used under the User's sole responsibility. The Company may not be held liable for any consequences arising from the disclosure, deliberate or otherwise, of the Identifier/password to any third party. The Company shall bear no liability whatsoever for the consequences of fraudulent use thereof by a third party and any Order placed as a result of use of the ID and password shall be executed, with the User being responsible for taking action against the fraudulent user. In this respect, the Company may not be held liable for any unauthorised use of the Services by a third party under the User's identity and using the User's means of payment, with the result that no refund will be due.
In the event that the User becomes aware that another person is accessing or may access his/her User Account via his/her login and password, he/she will change these and inform the Company without delay.
In addition, any prejudicial consequences for the Company or for Third Parties resulting from the disclosure or loss of identifiers/passwords by the User or from their theft must be made good in full by the User.
4. Accessibility of the Website and Services / Modification of the Website
The Services are only accessible via the Website & the User must therefore ensure that he/she has an Internet connection that provides optimum access. The Company may not be held liable for any difficulty in accessing the Services, the My NETLOOKS Service or the Website or for any bug or error occurring during the placing of an Order as a result of a failure in the User's internet connection.
The Company will make every effort to ensure that the Website is accessible 24 hours a day, 7 days a week. The Company has an obligation of means with regard to the level of accessibility. In this respect, it may temporarily suspend access to the Website and Services if maintenance operations - whether corrective or evolutionary - so require, without having to inform Users in advance. Any interruption of access to the Website and Services due to a malfunction, maintenance or hosting problem with the Website shall not give rise to compensation for Users.
The Company may not be held liable for the prejudicial consequences of any loss of data or programmes as a result of a technical failure, of the host, or of a computer virus. Furthermore, the Company may not be held liable for any misappropriation of User data by a third party by any means whatsoever during the transmission of such data on the Website.
The Company may modify the functionalities or any other content of the Website at its discretion, without this constituting a prejudice for which Visitors or Users may be compensated.
5. Fair and proper use of the Website and services
Users and Visitors must use or visit the Website and Services in accordance with these terms and conditions and in accordance with their intended purpose; in this respect, any use of the Website under conditions or for purposes that are contrary to public policy or unlawful or that contravene any rights whatsoever of third parties is prohibited.
The Company may suspend the processing of an Order or cancel an Order as a result of a proven breach of the GCU, without entitling the User to compensation.
6. Data processing
Visiting the Website is free of charge and no personal data, in particular, is transmitted.
However, in order to contractually formalise and execute Orders and in the context of creating a User Account, the Company is required to collect certain data communicated by Users.
In this respect, the Company undertakes to comply with all the obligations arising from the French Data Protection Act of 6 January 1978 and the European Regulation on Data Protection and Individual Liberties (RGPD) from 25 May 2018 in respect of any personal data included in the data transmitted by the User; the User also declares that he or she has informed the natural persons concerned of the use made of said personal data.
The User may exercise - under the conditions set forth by the law of 6 January 1978 and the European RGPD regulation - his/her right to access, modify, rectify, delete, forget and port personal data by sending a request to this effect by e-mail to the following address: dpo@netlooks.fr or by letter to NETLOOKS, 50 rue Oberlin, 54000 Nancy - France. In order to ensure that the letter or e-mail is really from the author, the User must attach a copy of his or her identity card.
7. Intellectual and industrial property
The Company is the owner of all intellectual and/or industrial property rights relating to the Website, whether in terms of its overall ergonomics/structure or its content, such as, but not limited to: the NETLOOKS brand, models, texts and images, etc.
Any representation, reproduction, adaptation or distortion of any protected element of the Website or the Products within the meaning of the Intellectual Property Code will be punishable as an act of counterfeiting and/or unfair competition.
8. Cookies
Cookies ensure optimal use/performance of the Website (storage of data transmitted in forms in particular). The User is strongly advised to accept their use, as refusal to do so may prevent correct browsing of the Website and optimum access to the Services. They may, however, refuse to do so by configuring their computer accordingly depending on the browser used. By accepting these Terms and Conditions, the User accepts the use of third-party cookies.
9. Agreement of proof
The information transmitted via the Website (and in particular all electronic data) will be fully opposable between the parties and will serve as evidence.
In addition, orders comply with the double-click principle under the conditions set out in the GTCS. In this respect, the User acknowledges that the functionalities of the Web Site in respect of any Order make it possible to prove his/her full consent to said Order in the same way as a handwritten signature would.
10. Applicable law - Jurisdiction
The GCU are governed by French law. Any dispute relating to the interpretation, performance or modification of the GCU and to the visit or use of the Website shall be subject to the jurisdiction of the French Courts. Only the Court of Nancy in France shall have jurisdiction.
