BOLLE BRANDS INC.
Links : The Website may include links to third party websites not operated by Bolle Brands. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND BOLLE BRANDS WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
Shipping Limitations : When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Placing an Order; Acceptance : Your order constitutes an offer to us to buy the products and/or services you have selected. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“ Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We may also require verification of information prior to the acceptance and/or shipment of any order.
Gift Certificates: Gift certificates can only be redeemed via purchases made on the Website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Third Party Content : The User understands and agrees that Bolle Brands does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third-party content is at the User’s sole risk. Under no circumstances will Bolle Brands be liable for any such third-party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third-party content.
Information Disclaimer : Bolle Brands attempts to be as accurate as possible regarding product descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website, Bolle Brands does not warrant that product descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. Bolle Brands reserves the right to revise the price, description, and/or availability of products without notice. In addition, Bolle Brands reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Texting Policy : Bolle Brands may use text messaging, including Short Message Service (SMS) or Multimedia Message Services (MMS), to communicate with you for various business purposes. Message and data rates may apply. Check with your provider for more details. Please note that, in general, texting is not a secure method of communication and no sensitive personal information should be provided via text. In accordance with our internal policy, Bolle Brands will never ask you to send personal information via text. If you wish to no longer receive texts from Bolle Brands, please follow the instructions you were provided when you first opted into receiving such communications. You may also text “STOP” to +1 (844) 526-0750. You will receive one confirmation message to verify that you have been opted out. The frequency of texts received will depend on the level of interaction you have with Bolle Brands. Bolle Brands is not liable for delayed or undelivered messages.
Access : You must obtain at your own expense the equipment, means, device, and services to access the Website. We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations. When you use the Website, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.
Disclaimers : BOLLE BRANDS AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability : USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BOLLE BRANDS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, BOLLE BRANDS VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOLLE BRANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to Website : At any time and without notice to the User, Bolle Brands may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in San Diego County, California under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for San Diego County, California.
Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING., THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Digital Millennium Copyright Act : If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bolle Brands’ DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to Bolle Brands’ DMCA Agent at customercare@BolleBrands.com. You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.
If you believe that your content that was removed from the Website (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Bolle Brands may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Bolle Brands’ sole discretion.
Contact : Any questions, complaints, or claims regarding the Website may be directed to customercare@BolleBrands.com .
GENERAL TERMS AND CONDITIONS OF SALE
Updated June 9th, 2022
These General Terms and Conditions of Sale (hereinafter the "GTC") shall apply, without limitation or reservation, to all sales concluded through the electronic commercial website https://www.bolle.com/ (hereinafter "the Site") between BOLLE BRANDS (France) SAS, a simplified joint stock company with a sole shareholder, with share capital of €17,700,000, registered with the Trade and Companies Register of Lyon under number 413 368 101, whose registered office is located at 34 rue de la Soie - 69100 Villeurbanne (hereinafter "BOLLE BRANDS" or "us") and the end consumer wishing to purchase the products (hereinafter the "Products") sold on the site (hereinafter the "Customer").
BOLLE BRANDS and the Customer are jointly referred to as the "Parties".
The Customer declares that he/she has the legal capacity to enter into a contract within the meaning of articles 1145 et seq of the French Civil Code and certifies that he/she is a non-commercial individual of legal age acting for his/her personal needs. The Customer hereby agrees, warrants and undertakes that he/she may only purchase Products from the Site, exclusively for his/her personal needs and without a direct or indirect relationship with a business activity, intermediary or reseller. The Customer confirms his/her commitment not to resell the Products for commercial purposes.
2. Acceptance of the General Terms and Conditions of Sale
Placing an order on the Site implies full acceptance of these GTC which are accessible at any time on the Site. BOLLE BRANDS advise the Customer to print and retain a copy of these GTC for any future reference.
The GTC applicable to the order are those in effect on the date of placing the order. BOLLE BRANDS reserves the right to modify these GTC at any time. These changes are published online and are deemed to be accepted without reservation for any contract subsequently concluded when the Customer places an order on the Site accepting the GTC after they are posted online. It is the Customer’s responsibility to check the Site to ensure he is aware of any changes made to the GTC. In the event that one of the clauses of these GTC is rendered null and void by a change in law, regulation or by a court decision, this shall not under any circumstances affect the validity and compliance of these GTC nor call into question the validity of the other provisions which shall continue to apply.
3.1. Characteristics and information relating to the Products
The Customer may, prior to his/her order, refer to the Site to gather information regarding the essential characteristics of the Products he/she wishes to order, presented in each of the Product forms. The decision to purchase and the Product’s choice is the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product he/she wants to order to understand its essential properties and characteristics. The information on the Site is as accurate as possible. However, photographs and other reproductions of the articles are indicative only and have no contractual value. Although we have made every effort to display the Product colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the true colour of the Products.
3.2. Availability of the Products
Our offers of the Products and prices are valid as long as they are visible on the Site, except for special operations whose validity is specified on the Site. BOLLE BRANDS asks the Customer to consult the availability of the Products sold on the information page of each Product.
In the event of an order for a single Product which would prove unavailable, BOLLE BRANDS reserves the right not to accept the order. In this case he undertakes to inform the customer of the lack of availability.
If several Products are ordered, and if one of the Products is ultimately unavailable, BOLLE BRANDS will then inform the Customer of the impossibility of sending the unavailable Product. The rest of the order will be processed and sent to the Customer within the time limits specified in the information e-mail on its order tracking. The Customer may also choose to cancel his/her order in full, subject to first informing Customer Service by telephone or e-mail.
In order to ensure better quality of service and availability of the Products to all Customers of the Site, BOLLE BRANDS reserves the right to limit the quantity of Products that may be purchased by the Customer, in accordance with applicable provisions and in particular those of Article L. 121-11 of the Consumer Code.
In order to be able to place an order for Products, the Customer must follow the following steps:
• Add one or more Products available on the Site to his/her cart
• Choose a delivery method (standard or express);
• Specify his/her delivery address and check his/her contact details if he/she has an account on the Site;
- Account Creation: If the Customer decides to create an account, he/she will have to create his/her ID and password. The Customer must then ensure that his/her password is protected and not disclosed. It is important to note that the Customer is responsible for any purchases made with his/her ID and password, even if this is not his/her doing.
- No account creation: The Customer may place an order without creating an account. He/she must then provide the information required to enter the order (surname and first name, e-mail address, delivery address, billing address and payment method).
• Select one of the payment methods offered on the Site;
• Accept the GTC;
• Check the elements of his/her order and, if applicable, return to the previous steps to correct the errors;
• Enter his/her payment details; the Customer must hold a valid credit card or an active PayPal account.
• Pay for the order by clicking on the " PLACE ORDER AND PAY”" button. In this respect, the Customer must hold a valid credit card or an active PayPal account.
In the event of prolonged inactivity during the connection it is possible that the Products selected prior to this inactivity may no longer be guaranteed. The Customer will then be invited to resume his/her selection from the start.
Following these steps, the Customer will then receive by e-mail:
• an acknowledgement of receipt representing confirmation of the order and a confirmation of payment.
• confirmation of shipment of the order,
Our acknowledgement of an order receipt does not constitute acceptance of the order. BOLLE BRANDS will have formally accepted an order upon dispatch of the Product. BOLLE BRANDS reserves the right not to accept an order in the event of non-compliance with the GTC, in the event of errors, anomalies in the order (e.g. quantities ordered inappropriate for private or family use), in the event of a payment incident or suspicion of fraud and/or abuse.
5. Price – Payment – Delivery Expenses
Unless otherwise stipulated, the prices displayed on the Site are expressed in Euro (€) or Pound Sterling (£) according to the currency of the Customer's country of order and access to the Site. The price is payable in full at the time the order is shipped to the Customer.
BOLLE BRANDS reserves the right to modify prices at any time; the Products shall in any case be invoiced on the basis of the prices in force at the time of placing the order.
In accordance with applicable rules and regulations, any purchase made through the site is subject to value added tax (VAT) which will be specified when the order is validated. In this respect, the applicable VAT shall be that in effect in each member state where the items must be delivered in accordance with the purchase orders.
If one or more taxes or contributions are amended, as well as in the event of the creation of new taxes or contributions, this change may be passed on to the sale price of the Products. However, this shall not apply to any orders already placed; no tax or contribution not provided for at the time of the order may be subsequently requested from the Customer.
The prices invoiced are those in force on the date of the order. The Customer will be informed if prices are likely to change. The Customer is therefore asked to pay attention to the price in effect at the time of the order; this will appear on the Site when his/her Product is placed in the shopping cart. The price for orders already placed remains unaffected by such price changes.
To the fullest extent permitted by law, if there have been any errors on the Site, including pricing errors, we are not obliged to proceed with the order and we will notify you accordingly.
The amount of shipping costs related to the delivery of the Products will be automatically displayed on the Site at the time of validation of the shipping method (standard or express) chosen by the Customer and will be communicated to the Customer again in the e-mail confirming his/her order. The payment requested from the Customer corresponds to the total amount of the purchase, including delivery costs.
Confirmation of the price paid and delivery costs charged to the Customer in the form of an invoice in Euro(€) or Pound Sterling (£) is available to the Customer in his/her personal account accessible on the Site, if the Customer has an account, or by email on request from Customer Service.
The price is payable in full on the date the order is placed by the Customer, by secure payment, according to the following terms:
• by credit card, where accepted network cards are: Visa, MasterCard, debit card (American Express network cards are not accepted on the Site)
To this end, the Customer guarantees BOLLE BRANDS that he/she is the holder of the credit card he/she uses and that the name appearing on the card is his/her own. The Customer provides, in a secure internet environment, the number and expiry date appearing on the front of his/her credit card as well as the visual cryptography numbers appearing on the back (or front) of his/her card.
• by PayPal.
The amount due is the amount shown on the order validation page displayed to the Customer at the time of payment.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debit of the sums owed by the Customer is impossible, the sale carried out would be immediately cancelled and the purchase process cancelled. The liability of BOLLE BRANDS may not be incurred in this respect.
BOLLE BRANDS also reserves the right to refuse the Customer any order or to honour a delivery if a previous payment dispute exists.
The Customer shall be debited in principle at the time of shipment of his/her order.
5.3. Transaction security
The details of the Customer's bank card are encrypted with SSL (Secure Socket Layer) protocol and will never be transmitted on the Internet unencrypted. The payment is made directly to our bank, which implies that no Customer banking information is transmitted on the Site.
Despite data encryption, BOLLE BRANDS notes that no data transmission on the Internet is 100% secure and that the information provided online can be potentially intercepted and used by persons other than the desired recipient.
5.4. Retention of title clause
The transfer of ownership of the Products to the Customer shall only be made after full payment of the price by the Customer, regardless of the date of delivery of the Products.
6.1. Place of delivery
The Products purchased on the Site are delivered to the delivery address that the Customer has provided when ordering. BOLLE BRANDS delivers to the following countries (hereinafter the "Delivery Area"):
• Metropolitan France,
• the United Kingdom,
• Spain (excluding Andorra, the Canary Islands, Ceuta et Melilla),
• Italy (excluding San Marino, the Vatican and Little Islands,
• Germany (excluding Helgoland and Büsingen),
• The Netherlands,
The Customer is informed that BOLLE BRANDS may not be held liable for the inability to deliver the order outside the Delivery Area or in the event of incorrect information when the Customer enters his/her delivery address.
The Customer undertakes to provide all information relating to the delivery conditions (place, recipient, etc.) when entering the order. This information is binding on the Customer. In the event of an error in the wording of the recipient's contact information or other information, BOLLE BRANDS cannot be held liable for any inability to deliver the ordered Products.
6.2. Delivery deadline
Deliveries are made by carrier within the deadlines indicated on the Site (www.bolle.com/gb/shipping), after preparation of the package and as of the date of shipment. The Customer is informed of the shipment of his/her order by e-mail.
BOLLE BRANDS asks the Customer to regularly check his/her order tracking on his/her customer account.
If a delivery is not completed by the estimated delivery time given, please contact us and we will investigate. If after this point, the delivery is not completed within a reasonable additional period, the Customer shall be entitled to cancel the order upon giving us notice
If BOLLE BRANDS is prevented from complying with the deadlines by a force majeure or accidental event (as defined in article 13 of the present GTC), in particular a fault attributable to the Customer, the delivery time is extended automatically according to the duration of the obstruction. BOLLE BRANDS will inform the Customer by e-mail of the occurrence and the end of such obstructions. If the obstruction lasts more than one (1) month, the Customer may terminate the order as of right, without the Customer being able to claim compensation, but the Customer will be entitled to a refund.
6.3. Cost of delivery
The cost of delivery (port charge) depends on the chosen delivery option (standard or express). It will be notified to the Customer before the order is validated.
6.4. Delivery terms
The carrier will contact the Customer to agree on a delivery time slot. In the event of absence during the agreed time slots, the Customer must notify Customer Service and the carrier at least two (2) business days before the agreed delivery date. Failing this, additional deliveries may be invoiced to the Customer by the carrier.
Delivery is deemed to have taken place at the time of receipt of the order at the address that the Customer has indicated at the time of the order.
At the time of delivery, the Customer is required to check the condition of the package and its contents on receipt. In the event of any damage or other issue, the delivery must be refused with mandatory registration of the "rejected for bad condition" note on the delivery slip as well as the date of receipt and signature. Mandatory statutory warranty claims to which the customer is entitled under the law of the country in which he has his habitual residence remain unaffected by the above provisions
If the Customer notices a damage or defect after delivery (maximum of two (2) days from the date of receipt), the Customer must contact the Customer Service which will inform the Customer about the procedure to follow.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot which may incur additional costs.
The Product will be at your risk once we have delivered the Product.
7. Right of withdrawal
7.1. Right and period of withdrawal
The Customer benefits, under the conditions stipulated in articles L. 221-18 to L. 221-28 of the Consumer Code, from a right of withdrawal relating to the Products purchased on the Site, and for UK customers under the Consumer Contracts Regulations 2013, from a right to change your mind, within fourteen (14) calendar days from the date of receipt of the Products. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
The Customer must declare his/her decision to use his/her right of withdrawal before the expiry of the aforementioned period. The Customer has the option of completing and submitting his/her declaration of cancellation either:
• via an online form which he/her can access by connecting to his/her customer account;
• or by directly contacting BOLLE BRANDS Customer Service, which will inform the Customer of the procedure to follow;
• The Customer may also send his/her request on plain paper to the following address: BOLLE BRANDS (France) – Customer service – 34 rue de la Soie – 69100 Villeurbanne – France. The Customer may, if he/she wishes, use the withdrawal form model available in Appendix I of these GTC.
The Customer shall receive confirmation of his/her withdrawal without delay by e-mail.
The Customer does not have a right to change their mind in regard to Products sealed for health protection or hygiene purposes, once these have been unsealed after the Customer receives them.
7.2. Procedure for return of Products
As part of the exercise of the right of withdrawal, the Product must be returned in its original packaging, in perfect condition (not stained, damaged, used or worn), complete (including user notice and accessories if applicable) to the following address:
Return Service – Bolle Brands-
25 RUE DU MOLLARET
38070 SAINT QUENTIN FALLAVIER
- the Customer must return the Products to BOLLE BRANDS via its carrier, within a maximum period of 14 days from the Customer's withdrawal declaration, using the pre-printed return label that the Customer received in his/her original package. The instructions to follow will be detailed in the return slip provided to the Client. Any delay, loss or damage in carriage is at the risk of the Customer.
- If the Customer cannot or does not wish to use the pre-printed return label service, he/she may contact Customer Service which will record the return of the Product. In this case, BOLLE BRANDS shall not be liable in the event of loss, shipment to a wrong address or delay in delivery of a Product which the Customer wishes to return, to the extent that the risks of the transport that the Customer has chosen and initiated lie exclusively with the Customer.
BOLLE BRANDS reserves the right to refuse the return of a Product and to not refund it or to not refund the full amount:
• in the event of non-compliance with the above-mentioned withdrawal procedure;
• in general, if our Customer Service is unable to identify the Customer or identify the order (order number, return number, contact information, etc.),
• if the Product is not in its packaging and original condition (documents and accessories), and in particular if the Product has suffered depreciation due to its handling or use.
Refund of the returned Product(s) will be confirmed by e-mail and will take place within fourteen (14) calendar days of the date on which BOLLE BRANDS has been informed of the Customer's decision to exercise his/her right of withdrawal if all of the conditions of the return have been met. However, BOLLE BRANDS reserves the right to defer the refund until the actual date of receipt of the Product or the date on which the Customer provides proof of shipment of the returned products.
BOLLE BRANDS will provide the refund using the same payment method as the Customer used for the initial transaction:
- If payment was made by CB then the repayment will be made to the same CB number.
- If payment was made by PayPal, then the refund will be made to the same PayPal account.
In the event that the Customer returns only some of the Products ordered and not all the Products, the delivery costs will not be reimbursed to the Customer. Only the returned Product will then be refunded to the Customer.
A lump sum of five (5) euros will be automatically deducted from the Customer reimbursement for transport costs of the Products returned, unless Client did not use the pre-printed return label service in which case the Customer would have already paid the return costs.
If the Customer does not use the return label provided with his/her order, it will be up to the Customer to return the Products him/herself and to retain any proof of return, which assumes that the Products are returned by registered mail or by any other means giving a fixed date for this shipment. In this case, the Customer is liable for return costs.
In the event of depreciation of a Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product (particularly for Products returned incomplete, damaged, deteriorated, spoiled, soiled or otherwise reasonably believed to have been used). BOLLE BRANDS reserves the right to refuse the refund or exchange of the damaged Product (unless it is a defective Product) which will be returned to the Customer or to make a deduction from the refund on account of the diminution in value.
BOLLE BRANDS will not provide a refund if the Products returned by the Customer do not correspond to the Product(s) ordered or if they originate from anywhere other than the Site.
8. Product Warranties
In general, all information relating to the use of the Products and in particular the safety rules relating to these Products are set out in the instructions for use and instructions for use delivered with the Product.
All Products benefit from the legal guarantee of conformity (articles L. 217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) enabling the Customer to return the defective or non-compliant Products delivered at no cost.
The provisions of these GTC are without prejudice to any of the Customer’s other mandatory statutory rights as a consumer.
8.1. Legal guarantee of conformity
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your statutory rights.
Article L. 217-3 of the French Consumer Code:
The seller delivers goods in compliance with the contract and the criteria set out in Article L. 217-5.
The seller shall be liable for lack of conformity existing at the time of delivery of the goods, within the meaning of Article L. 216-1, and which appear within two years of delivery.
In the case of a contract for the sale of goods with digital elements:
1° Where the contract provides for a continuous supply of digital content or digital service for a period less than or equal to two years, or where the contract does not determine the duration of supply, the seller shall be liable for lack of conformity of this digital content or digital service that appear within two years of the delivery of the goods;
2° Where the contract provides for a continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service that appear within the period of time during which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of his/her right to updates in accordance with the provisions of article L. 217-19.
The seller is also, for the same period of time, liable for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been carried out by the seller under the contract or under its responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the limitation period of the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L. 217-4 of the French Consumer Code:
The goods are in compliance with the contract if they comply, in particular, and where applicable, with the following criteria:
1° they correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° they are fit for any particular purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which has been accepted by the seller;
3° they are delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° they are updated in accordance with the contract.
Article L. 217-5 of the French Consumer Code:
I.- In addition to the contract conformity criteria, the goods are in conformity if they comply with the following criteria:
1° They are fit for the use usually expected of a good of the same type, taking into account, where applicable, any existing provision of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, they are of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;
3° Where applicable, the digital elements they contain are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are supplied with all accessories, including packaging, and installation instructions which the consumer may legitimately expect;
5° Where applicable, they are provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, in respect of the nature of the goods and taking into account any public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labelling.
II.- However, the seller is not bound by any public statements mentioned in the preceding paragraph if it demonstrates:
1° That the seller was not aware of them and was legitimately not in a position to be aware of them;
2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchase decision.
III.- The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, if he/she has been specifically informed that such particular characteristics deviate from the criteria of conformity set out in this article, and that the consumer expressly and separately consented to such deviation at the time of the conclusion of the contract.
BOLLE BRANDS is liable for the lack of conformity existing at the time of delivery of the Product, which appear within two years from delivery.
When acting within a legal guarantee of conformity, the Customer:
- has a period of five years from the knowledge of the non-conformity of the Product to take action against BOLLE BRANDS, the seller;
- may choose between repair or replacement of the Product, subject to the cost conditions stipulated in article L. 217-12 of the French Consumer Code;
- is exempt from providing evidence of the existence of the non-compliance of the Product within two years following delivery of the Product;
As part of the legal guarantee of conformity, BOLLE BRANDS undertakes, at the choice of the Customer:
- either to repair the Product;
- or to replace the Product with an identical product based on available stocks;
However, in accordance with article L.217-12 of the French Consumer Code, BOLLE BRANDS may not proceed according to the Customer's choice if the requested remedy is impossible or imposes disproportionate costs to BOLLE BRANDS having regard to the value that the Product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be provided without significant inconvenience to the Customer.
Any Product repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months. If the Customer chooses the repair, but this remedy is not implemented by BOLLE BRANDS, the replacement of the Product initiates, at the benefit of the Customer, a new period of legal guarantee of conformity attached to the replaced Product.
BOLLE BRANDS may refuse to bring the Product into conformity if it is impossible or entails disproportionate costs, in particular with regard to the value that the Product would have in if there were no lack of conformity and the significance of the lack of conformity. If BOLLE BRANDS refuses to bring the Product into conformity and unless the lack of conformity is minor, the Customer is entitled to either return the Product and receive a refund of the price paid or keep the Product and be refunded a proportionate part of the price. The return, replacement or refund of the Product shall be at no cost to the Customer and shall not prevent the possible allocation of damages should the Customer be entitled to it.
8.2. Warranty against hidden defects
Having regard to Article 1641 of the French Civil Code;
"The seller is bound by the warranty due to hidden defects in the item sold which render it unfit for the use to which it is intended, or which decrease this use to the extent that the buyer would not have acquired it, or would have paid a lower price, if he/she had known of these. ”
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. ”
Article 2232 of the French Civil Code:
“The postponement of the starting point, suspension or interruption of the limitation period may not have the effect of bringing the period of the extinctive limitation beyond twenty years from the beginning of the right. ”
In case of hidden defects:
-The Customer shall be responsible for proving that it fulfils the conditions of the guarantee.
-The Customer will have the option of returning the Product and being refunded or keeping the Product and being refunded part of the price.
-The Customer may decide to implement the warranty against hidden defects in the Products within the meaning of article 1641 et seq. of the French Civil Code; in this case, he/she may choose between termination of the sale or a reduction in the sale price in accordance with article 1644 et seq. of the French Civil Code.
8.3. Exclusion of warranty
Defects resulting from:
- the use of Products non-compliant with their intended use,
- failure to comply with installation, use and maintenance instructions of
- the deterioration and normal wear of the Products,
- the modification of the Products, or torsional shock, compression, fall or abnormal impact on the Product.
8.4. Implementation of guarantees
In respect of the warranties enjoyed by the Customer, BOLLE BRANDS undertakes, according to the Customer's choice, to:
- fully refund the Product
- repair the Product where possible and return it to the Customer at the address indicated by the Customer.
The procedure for returning the products is set out in article 7.2 of these GTC. The Customer must also specify the alleged non-compliance.
9. Customer Service -B2C-
In the event of difficulty occurring when ordering or delivering Products, with the Product warranty or in order to seek an amicable settlement, the Customer may contact Customer Service:
- At the following e-mail addresses:
United Kingdom: email@example.com
The Netherlands: firstname.lastname@example.org
- By telephone: +800 1509 1509 open from Monday to Friday from 9 am to 6 pm (except public holidays)
- by post: BOLLE BRANDS FRANCE – Customer service – 34 rue de la Soie – 69100 Villeurbanne – France.
- by completing the form on the following page: https://www.bolle.com/gb/contactus
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
10. Intellectual property
All the elements reproduced on the Site, including texts, comments, photos, brands, illustrations, logos, photographs and images as well as the underlying technology of the Site and its architecture are protected by intellectual property rights. These elements are and remain the exclusive property of BOLLE BRANDS or the owner of the intellectual property rights concerned, for which BOLLE BRANDS has lawfully acquired the licensing rights.
Any total or partial reproduction of the Site or of any of its elements, by any means whatsoever, on any medium whatsoever, and for any reason whatsoever, including any hyperlink leading to the Site and in particular using the framing, deep-linking, in-line linking or any other deep-linking technique is strictly prohibited and would constitute an infringement sanctioned by articles L.335-2 et seq. and/or L.716-1 et seq. of the French Intellectual Property Code.
11. Protection of personal data
On the basis of the execution of the sales contract and the legitimate interest in implementing its activities, BOLLE BRANDS informs the Customer that his/her personal data is collected and processed for the purposes of managing its order and more generally for the purposes of managing the customer relationship: account creation, order taking, delivery, delivery tracking, payment, management and monitoring right of withdrawal, request for exchange or return, after-sales service request.
12. Limitation of liability
BOLLE BRANDS shall not be liable for any inconvenience or damage inherent to the use of the Internet network, including service termination, external intrusion or due to the presence of computer viruses affecting access to or operation of the Site, except in the event of gross negligence or willful misconduct on our part.
If all efforts are made to ensure that the colour and design of the Products whose photos are displayed on the Site are true to the original Products; variations may occur, particularly due to the technical limitations on the Customer's computer equipment. Therefore, BOLLE BRANDS cannot be held liable for errors or unsubstantiated misstatements of the photographs or graphic representations of the Products appearing on the Site. In the event of any questions about the Products, the Customer may, of course, contact our Customer Service.
The Site may contain links to unpublished or uncontrolled third-party sites. Such links are provided for convenience only; they cannot and should not be interpreted as an express or implied endorsement of these sites, their content or any product or service offered therein.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or our fraud or fraudulent misrepresentation.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any other direct or indirect losses you may suffer.
13. FORCE MAJEURE
The occurrence of a force majeure event within the meaning of case law and article 1218 of the French Civil Code will result in the suspension of BOLLE BRANDS' obligations. This non-performance of the contract may not incur the liability of BOLLE BRANDS. If the force majeure event has a duration of more than one (1) month, BOLLE BRANDS may not honour the order and will be liable for reimbursing the Customer, if applicable, for the sums paid by him/her in respect of the order in question.
14. Method of proof
The Parties acknowledge that writing in electronic form is accepted as a probative medium in the same way as it is written in paper form.
Pursuant to article L213-1 of the Consumer Code, when an order relates to an amount equal to or greater than 120 Euros, BOLLE BRANDS retains the written document which establishes the contract concluded between BOLLE BRANDS and a Customer by electronic means for a period starting from the conclusion of the contract until the date of delivery of the property and for a period of ten years from that date (in accordance with decree 2005-137 of 16 February 2005). The Customer then has access to this document at any time, on request from Customer Service.
15. Applicable law – Disputes
French law has jurisdiction over these GTC.
However, if the Customer does not reside in Metropolitan France but in another country of the European Union, he/she may avail him/herself of the legal provisions applicable to his/her country of residence, when they are more favourable than the provisions of French law.
16. Consumer dispute mediation
The Customer is informed that he/she may in any case use conventional mediation, existing sectoral mediation bodies, or any other alternative dispute resolution method in the event of a dispute.
In accordance with order No. 2015-1033 and decree No. 2015-1382, any dispute or consumer dispute, subject to article L.612-2 of the French Consumer Code, may be subject to an amicable settlement by mediation with the Paris Center for Mediation and Arbitration (CMAP). In order to submit its dispute to the Ombudsman, the Customer may (1) complete the form on the website www.cmap.fr,tab "you are a consumer", (2) send his/her request by normal or registered post to CMAP Mediation Consumption 39, avenue Franklin D. Roosevelt – 75008 Paris, or (3) send an email to . Regardless of the means used to refer to CMAP, his/her application must contain the following elements to be processed quickly: Customer postal, e-mail and telephone details, as well as the full name and address of BOLLE BRANDS, a brief statement of the facts and evidence of the preliminary steps taken with BOLLE BRANDS
In the absence of an amicable resolution or recourse to mediation, French courts shall have jurisdiction to hear all disputes to which these GTC may give rise. However, under the conditions specified in article 15 of Regulation No. 44/2001 of 22 December 2000, the Customer may refer the matter to the Court of the town/city where he/she is domiciled (provided that this domicile is located in the Delivery Area)
As of 15 February 2016, the European Commission's online platform for amicable dispute resolution has been open to the public. Any consumer who encounters a dispute with a company located within the territory of the Union has the opportunity to file an application for mediation through this European platform http://ec.europa.eu/consumers/odr. The Customer may also consult the website of the European Commission dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en
17. Other Important Terms
We may transfer our rights and obligations under these GTC to another organisation. We will contact you to inform you if we intend to do so.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these GTC to another person if we agree to this in writing.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
ANNEXE 1 MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the validated and paid order. This form must be sent to BOLLE BRANDS no later than fourteen (14) calendar days after receipt of the Product(s).
The request must be sent via the Site by completing the form accessible in the customer account or by post to the following address: BOLLE BRANDS – Customer Service - 34, rue de la Soie – 69100 Villeurbanne, France.
I hereby notify you of my withdrawal of the contract relating to the sale of the goods below:
Name(s) and reference(s) of Product(s)
Order placed on ___ / received on __
Customer name at the origin of the order:
Address of the ordering customer
Customer Signature (only in the event of notification of this form on paper)
THE PRODUCTS ARE TO BE RETURNED USING THE PRE-PRINTED LABEL PROVIDED WITH YOUR PACKAGE or, failing this, to the following address:
Return Service – Bolle Brands-
25 RUE DU MOLLARET
38070 SAINT QUENTIN FALLAVIER