The www.nooz-optics.com e-commerce website (the "Website") is a website retailing eyewear and related accessories of the “Nooz” brand (the “Product”), being the property of SPRL Binoptics, Avenue Louise 523, 1050 Brussels, Belgium, registered under business number BE 0543 753 789. Tel: +32 2 335 12 01
The user wishing to purchase a Nooz product is referred to herein as "the Client".
Any order of a product offered on the Website implies prior consultation and express acceptance by the Client of the General Conditions as set out in clause 2.
Validation of the purchase order includes an electronic signature having, between the parties, the same value as a manual signature and serving as proof of completeness of the order, as well as of the requirement for the payment of monies owed pursuant to that order.
The contract of sale may be drafted in French, Dutch or English, at the Client’s discretion.
CLAUSE 1 - FIELD OF APPLICATION
These General Conditions define the rights and obligations of the Parties arising from the online sale of products offered on the Websites belonging to the Binoptics SPRL (Belgium) company. Binoptics provides all services from Belgium and the contract is presumed to have been executed in Belgium, with shipping to the countries aforementioned.
These General Conditions apply to all sales of products through the website and prevail over any other conditions originating from Binoptics or the Client. Exceptions to these Conditions are subject to the explicit prior agreement, in writing, of Binoptics.
CLAUSE 2 - LEGAL CAPACITY AND ACCEPTANCE
Any person wishing to buy a Binoptics product must have the capacity to act. Any person declared incapable may not purchase products on the Nooz website and cannot thus be considered a Client, and must conduct his or her purchases through his or her legal representative.
Clicking a button or checking a box next to the words "I accept the General Conditions of sale" will constitute explicit acceptance of these General Conditions of Sale by the Client.
The Client will be offered the ability to save and print these General Conditions.
CLAUSE 3 - PRODUCTS
The products offered by Binoptics are the products present on the Website upon placement of the order by the Client, within stock limits.
Binoptics is committed to taking every possible measure to deliver all orders.
Notwithstanding this, Binoptics cannot be held responsible for the unavailability of a product, or damage that could result from such unavailability. If one or more products in an order are unavailable, Binoptics will inform the Client by e-mail or by letter that his or her order has been wholly or partially cancelled or divided.
Where such unavailability is detected and communicated to the Client after the Client has already paid for his or her Products, Binoptics will immediately request that the Client’s bank reimburse the sums paid. The Customer will be notified of this by e-mail. The speed at which reimbursement is effected depends on the method of payment used by the Client in making his or her purchase. If the purchase is made by credit card, the refund will appear on the first monthly statement following the purchase, depending on the credit card. If the customer believes that the refund has taken too long, it is recommended that the Client consult his or her bank.
In any event, Binoptics will effect the refund within 14 days.
All products offered for sale on the Websites are described in good faith and as accurately as possible. Photos appearing on the website are, however, devoid of any contractual value. Binoptics accepts no responsibility for any errors appearing in descriptions or images of Products, including (inter alia) slight differences of colour in these images.
CLAUSE 4 - PRICING AND INVOICING
Prices are the prices quoted on the Website upon placement of the order by the Client. Prices may be subject to various regulations, including VAT in particular. Prices applicable to the Client are those which appear on the Website directed at the country from which the Client places his or her order. The Client must place his or her order from the country in which he or she is habitually resident. It is not possible to place an order in one country for delivery in another.
The prices quoted during the purchasing process are expressed in euros and are inclusive of VAT and administrative costs, unless explicitly stated otherwise.
Unless shipping is offered free of charge, Product prices do not include shipping costs. These costs will be charged to the Client separately, who will pay these costs in addition to the purchase price. If a discount has been granted to the Client, it will be deducted from the price separately.
Binoptics reserves the right to modify sales prices and shipping costs at any time. However, Products purchased as well as costs will still apply at the prices quoted in the email confirming the order, which are the prices applicable at the time of purchase, provided that the products are available.
Binoptics informs Clients that, in the event that a price is quoted in error such that the price is patently erroneous, for whatsoever cause (computer, manual or technical error), the order will be cancelled, even after validation by Binoptics. Binoptics will inform the Client of this as soon as possible.
The Client accepts that Binoptics will submit its invoice in electronic form. If the Client nonetheless wishes to obtain an invoice in paper format, this will be provided upon request by means of the contact form.
Products remain the property of Binoptics until they are fully paid for by the Client, i.e. until full payment of the purchase price and all costs.
CLAUSE 5 - PAYMENT METHODS
Purchases may only be paid for online, by Visa, MasterCard, Carte Bleue, Maestro, Bancontact/Mister Cash, or Paypal. The Client's bank account will be debited after confirmation of the purchase and the payment is considered effected only once the Client’s bank has given its consent to Binoptics. If the latter refuses the payment, the order will be automatically refused.
It is assumed that the Client is able to make payments online by means of the methods of payment abovementioned, and that the bank account linked to the credit card or Bancontact card contains funds sufficient to cover all the costs generated by the transaction. Where these conditions are not met, Binoptics may refuse the order.
Binoptics collaborates with Paybox for the processing of online payments. Paybox is one of the European market leaders in secure online payments. The security system used by Paybox is among the most reliable and best protected in the world. Binoptics has no access to the confidential payment data of its customers and does not retain such data.
Binoptics reserves the right to refuse any order from a customer with whom a dispute is underway or with whom a dispute has occurred previously. Binoptics may also refuse an order in the event of the Client’s non-payment or partial payment of a previous order.
CLAUSE 6 - PRODUCT ORDERS
Notwithstanding any evidence that the customer may have, it is explicitly agreed that only data stored in the computer systems of Binoptics, or its hosting partner, or its Internet payment partner, shall constitute evidence of communication, of the contents of the order, and of all the transactions that have taken place between the Parties.
To place an order, the Client navigates to the menu of his or her choice, selects the colour and the dioptre he or she wishes to receive, and clicks on "Add to Basket". The selected item will thus be added to the “Shopping Basket”.
The basket located at the top right of the screen displays the number of products it contains. The Client may correct his or her order while it remains in the basket. If the Client wishes to confirm his or her order, the Client must select a method of delivery and payment. The total amount to be paid is clearly displayed throughout the payment process. The order becomes final and cannot be changed once the payment process is complete.
If the Client has a benefit code (reserved for the best clients), he or she must enter it in the space provided for this purpose in order to benefit from it.
Fields marked with an asterisk (*) are mandatory. Unless otherwise specified by the Client, the billing address will automatically be considered to be the same as the delivery address.
If the client has already placed an order on the Website, he or she possesses a client account. In such an event
The Client will, in any event, receive a first email including confirmation of the order after having placed the order. The Client will then receive a second email upon shipment of the order.
All contractual information relating to the order will be communicated to the Client in the language that the Client chose when signing in to confirm his or her order.
CLAUSE 7 - DELIVERIES
Upon confirmation of the order, the Client is offered a choice of delivery to various addresses (home, workplace or other).
If the customer opts for delivery to a specific address, Binoptics will do everything in its power to ensure that the order is sent to said address in the days following the confirmation of the order. The postal worker or deliverer will visit this address on working days between 08:00 and 18:00, and will place the envelope in the post box or present the parcel to the recipient or any other person present at this address. If the addressee is absent, a notice will be left in the post box at the stated address, directing the addressee to seek a new delivery time, either at the same address or at another address.
If the Client does not set a new delivery time within 3 weeks of confirmation of the order, or if the Client is absent at the new time of delivery, the order will automatically be sent back to Binoptics, who will then make contact with the Client in order to schedule delivery of the order. Additional fees may be payable by the Client in this case.
Products ordered are delivered to the delivery address supplied by the Client during the order process and according to the conditions prescribed therein.
Orders can only be delivered to addresses situated in Europe or the United States of America.
Binoptics reserves the right to divide orders into one or several deliveries, according to the availability of Products. You will be notified of each delivery by e-mail. Each delivery will be accompanied by an order form on which, inter alia, details of the merchandise delivered will appear.
In the event that a delivery is mislaid in the course of delivery, and if the conditions of this clause have been observed, Binoptics will, at its own cost, ship the Product once more, if it is still available; or reimburse the cost of the order (including delivery costs). The transfer of risk of loss and/or damage to the customer occurs upon delivery.
ARTICLE 8 - RIGHT OF WITHDRAWAL AND CONDITIONS OF RETURN
Unless stated otherwise on the Website, the Client may inform Binoptics, within 30 calendar days from the date following the date of receipt of the Product, of his or her intention to invoke his or her right of retraction without paying damages or having to provide a motivation for his or her choice.
If a client wishes to inform Binoptics of the Client’s intention to terminate his or her purchase contract, the Client must communicate this within 30 calendar days from the date following that on which the Product was received.
If the Product has already been delivered to the Client, the Client may exercise his or her right of withdrawal by e-mail at [email protected] or by registered post by writing to the following address: Binoptics, Avenue Louise 523, 1050, Brussels, Belgium This possibility is available once the order has been delivered to the Client.
The right of withdrawal for delivered Products is only applicable if the product is also effectively returned within 7 calendar days after the Client has informed Binoptics of his or her intention to terminate his or her purchase. The Product subject to notice of withdrawal must be returned in an unused condition, in its original packaging. The Client must attach to his or her envelope or parcel a return voucher printed and filled in with reference to the return form available in the Customer Area under the “My Orders” menu. No returns can be accepted without the aforementioned and duly completed return voucher.
Any return will be refused if the sender thereof cannot be identified. Upon expiry of the said period of 7 calendar days, Binoptics will no longer be able to accept the return, which will be returned to the sender.
Returns will be delivered by post. Returns must be sent to the following address, which is also indicated on the return form:
LOGVAD E-shop Nooz
17 A rue du Pont Tunnel
The costs and risks associated with returns are payable by the Client.
Binoptics will offer the Client either the replacement of one or more Product(s), payable by Binoptics, or reimbursement of the Product(s).
Reimbursement of the purchase will take place within 14 calendar days from the time and date at which the returned product is received by Binoptics, on condition that all the conditions described heretofore have been strictly observed. The sum reimbursed may in no case exceed the sum actually paid by the Client.
This reimbursement will take place subject to the following conditions:
If the Client has paid for his or her order by means of a credit card, credit for items returned will be paid to the credit card account used by the Client, after examination of said items and the deduction of sums due, or vouchers or discounts employed in paying for the order. Reimbursement of the Client will be made according to the terms agreed with the card-issuing bank. If the Client has paid for his or her order by another payment method, reimbursement will be made by bank transfer to the bank account indicated on the return voucher.
CLAUSE 9 – LEGAL WARRANTY
Binoptics guarantees that the Products offered for sale are free of visible or invisible defects preventing the use of the product or rendering it dangerous.
The Client possesses rights preserving this warranty on the basis of national legislation.
The Client possesses a warranty for defects of conformity existing upon delivery of the Product and occurring within a period of two years from the delivery in question. The period of two years will be suspended for the period required for the repair or replacement of the merchandise, or in the event of negotiations between Binoptics and the Client in view of an amicable settlement.
If the Client wishes to invoke this warranty, the Client must make contact with Customer Services immediately. In all cases, the Client must inform Binoptics of the non-compliance of the products in writing and via Customer Services within a maximum period of two months from the date on which the non-compliance was discovered.
Binoptics must be informed by means of the contact form appearing in the ‘Contact’ section, and by following the instructions which appear on screen. Customer Services, who can also be reached by means of the contact form, are thereby automatically notified.
The warranty does not apply to Products that have been deliberately damaged, or damaged due to Client negligence. Similarly, it does not apply where the deterioration is due to wear and tear, shipping or improper use.
Clients may address all questions relating to the warranty to Customer Services.
CLAUSE 10 - INTELLECTUAL PROPERTY RIGHTS
All elements (hereinafter the "Elements"), such as inter alia the texts, the database containing all data published on the website, the layout and the graphic design of web pages, the sales catalogue, the photographs, images, videos and music featured on the Website are protected worldwide by copyright, database rights, trademark rights, patent rights and other forms of intellectual property rights. They therefore remain the exclusive property of Binoptics. Any form of copying, publication, counterfeiting or other form of use of any kind whatsoever is thus prohibited without the prior written consent of Binoptics. This consent must be obtained in writing, unless Binoptics itself has provided the opportunity to share certain Elements via social networks. In such cases, consent is limited to these specific Elements and to specific social networks for which Binoptics has provided the possibility of sharing. Any breach of this clause will be prosecuted.
CLAUSE 11 - LIABILITY
Binoptics will not be held liable for direct or indirect damage (interruption of operation, loss of profits, loss of opportunities, etc.) due to the use or unavailability of the Website. Nor will Binoptics be held liable for any damage caused to the Client’s systems owing to the Client’s visit to the Website, or, inter alia, the presence of Trojan horses originating from outside sources or computer viruses.
Binoptics cannot be held liable for any errors in the photographs or texts used to describe Products on the Website.
Binoptics cannot be held liable for any inability to deliver orders due to depletion of the stock or to any reason beyond its control, including cases of force majeure, or inter alia other disruptions or discontinuations of delivery or postal services, or flood or fire, or inconveniences or damages inherent in the use of the network.
In all cases in which the liability of Binoptics is or may be invoked, such liability will be limited to the sum actually paid by the Client for the order in question.
CLAUSE 12 - DISPUTES AND APPLICABLE LAW
Only courts of the judicial district of Brussels will be competent to resolve any dispute arising between parties to the contract.
The contract concluded between the parties is subject to Belgian law.
CLAUSE 13 - CONTACT AND DISPUTE SETTLEMENT
If the Client has a query relating to his or her purchase, the Client may contact Binoptics by means of the contact form available in the ‘Contact’ section of the Website. Binoptics undertakes to provide a response to the Client within a maximum of 5 working days.
CLAUSE 14 - AMENDMENT OF GENERAL CONDITIONS OF SALE AND NULLITY
Binoptics may, at any time, modify these General Conditions, including inter alia for reasons of conformity with legal requirements. Modifications communicated by means of the Website will have effect on all offers made or orders placed afterwards.
Binoptics reserves the right to modify the concept and content of its Website at any time. Clients are entirely at liberty to deactivate their accounts following a modification of the General Conditions, or of the layout or content of the Website, by means of the “My Account” menu appearing on the Websites under the sub-menu: “My personal data”.
If one or more of the clauses of these General Conditions were to be declared void or unenforceable by a court decision, this decision would not affect the validity and the applicability of other clauses and paragraphs of these General Conditions, as well as of the contract between the parties.
Privacy protection and processing of personal data.