Version of 16th of January 2023
The present general terms and conditions of sale (hereinafter referred to as GTCs) govern the contractual relationship between natural persons of legal age and capacity or legal entities that are not traders and are contracting solely for their personal use and not for commercial resale purposes or on a professional basis (hereinafter referred to as the Client) and LIGHT VISION, a simplified joint stock company with a capital of €33. 000, registered in the Nanterre Trade and Companies Register under number 537598781, having its registered office at 34 rue du Faubourg Saint-Antoine 75012 Paris represented by the company Light Vision Next with full powers for the purpose of the present (hereinafter referred to as LIGHT VISION).
LIGHT VISION specializes in the design, manufacture and marketing of class 1 medical devices known as "LIGHT VISION" eyeglasses (hereinafter "the Products") for people suffering from Age-Related Macular Degeneration ("AMD") or other diseases affecting the central vision of the eye. The technology used in the Products is the result of many years of R&D work by LIGHT VISION and is the subject of several patent applications.
1. Purpose of the contract
These GTCs govern the contractual relationship between the Customer and LIGHT VISION for : - the sale of "LIGHT VISION" eyewear;
- the provision to the Customer of the original embedded software "LIGHT VISION" ("the Software");
- providing the Customer with technical assistance;
- training the Customer in the configuration, parameterization and use of the Products.
2. Orders, quotations and GTCs
These GTCs are displayed on the website www.lightvision.fr and are systematically given to Customers or potential Customers prior to any order. They also appear on the back of all quotations. When a Customer or potential Customer expresses interest in the Products marketed by LIGHT VISION, they are invited to read the GTC and then place an order on the website www.lightvision.fr. The GTC and quote constitute the contract between the Customer and LIGHT VISION and include all contractual terms and conditions to the exclusion of any other exchange. Acceptance of the GTC and the quote shall result from the Customer's signature on the quote. Only the validation of an order on the website www.lightvision.fr, or the signature of the quote on the back of which the GTCs appear, shall give rise to the contractual relationship and allow LIGHT VISION to launch the production of the order.
3. Price
The price list of the Products is displayed and updated on the website www.lightvision.fr. It details the price before and after tax for each unit of Product. On request, the quotation sent to the Customer is established according to this price list and in accordance with the instructions of the order validated by the Customer on the website. The quotation mentions the price excluding tax (HT) of the Products and associated services, any discounts applied, the value added tax (VAT) and the total price including all taxes (TTC).
4. Terms of payment
The total price including VAT is, unless otherwise stated on the quote, payable in full to validate the order.
5. Payment methods and deadlines
LIGHT VISION accepts the following means of payment: credit card, paypal, bank transfer and check. The deposit and the balance are each subject to an invoice payable upon receipt without discount.
6. Delivery
The delivery of the Products takes place at the address indicated by the Customer at the time of the order on the website or any other address which will have been communicated by the Customer at least 15 calendar days before the planned delivery date. The delivery times indicated at the time of the order are only indicative and any delay in delivery may not give rise to the allocation of damages or the cancellation of the order. It is the Customer's responsibility to check the condition of the Products before taking possession of them. If necessary, the Customer must formulate all useful reserves within 5 calendar days of the delivery, the day of the delivery not being counted in the calculation of the aforementioned time. If no reservations are made within this period, the Customer is deemed to have accepted the Products as is.
7. Products provided on loan
LIGHT VISION may provide the Customer with one or more Products free of charge, as a loan, so that the Customer may test them prior to their purchase. A list in duplicate including the identification number of the loaned Products as well as the date of return of the Products shall be given to the Customer upon delivery. The delivery of Products on loan will be made subject to the deposit of a guarantee by the Customer of 100% of the purchase price of the Products in order to cover the possible risks of loss, destruction, degradation of the Products during the whole duration of the loan. The security deposit may be made by check or bank transfer, it being specified that no delivery of the Products shall be made in the absence of receipt of the security deposit by LIGHT VISION.
The balance of the security deposit shall be returned to the Customer without interest and after deduction of any expenses, indemnities or other sums that may be due within ten days following the return of the Products. The Customer agrees to take all measures to preserve the Products in the best possible condition.
The loaned Products shall remain the exclusive property of LIGHT VISION, which shall have the right at any time, upon simple request, to take them back in whole or in part. The Products may be returned in person at LIGHT VISION's premises upon presentation of a receipt or by sending the Products by means of a carrier. If a carrier is used, the Customer shall bear the risks and be responsible for any damage or loss of the Products during transport.
LIGHT VISION shall make all useful reservations within 5 calendar days of receipt of the Products, the day of receipt not being counted in the said period. In the event of loss, destruction or deterioration of the loaned Products or failure to return them within fifteen days of the date of return agreed upon by the parties, the Customer shall compensate LIGHT VISION on the basis of the price scale in effect, or according to the estimate established for their repair. In the event of deterioration of the Products, an estimate shall be provided to the Customer prior to carrying out the necessary repairs and the price of the repairs shall be deducted from the security deposit.
8. Transfer of risks and ownership
The transfer of risks to the Customer occurs upon delivery of the Products. Consequently, the Customer is responsible for any disappearance, deterioration or damage to the goods occurring after delivery, including in the context of the loan provided for in the above article. The Customer is therefore invited to take all reasonable measures necessary to preserve the Products. In the event of loss, destruction or deterioration of the Products during the delivery of the Products to the Customer, the Products shall be exchanged or repaired and reshipped at the expense of LIGHT VISION. On the other hand, the transfer of ownership to the Customer shall occur upon full payment of the price, including VAT, indicated on the quote. This constitutes a retention of title clause. Consequently, in the absence of full payment of the price (including tax) indicated on the quote, LIGHT VISION shall remain the owner of the delivered Products, which the Customer shall be required to return to LIGHT VISION upon first request, without the Customer being able to request reimbursement of the amounts already paid.
9. Software License Conditions
LIGHT VISION grants the Customer a personal, non-exclusive and temporary right to use the LIGHT VISION software embedded in the Products, with the exception of any right to modify, adapt, arrange or translate. With the exception of what is authorized by the Intellectual Property Code, the Client is formally prohibited from intervening or having a third party intervene on the Software. It is specified that access to the Software shall not be considered as a transfer within the meaning of the Intellectual Property Code of any intellectual property right to the Customer.
10. Terms and conditions of technical assistance
LIGHT VISION shall provide a technical assistance service for the Products sold to the Customer that includes:
(i) Assistance in using the Products. LIGHT VISION shall make its best efforts, taking into account the information provided by the Customer, to respond to the Customer's requests and provide him/her with all information necessary to use the Products, it being specified that the Customer is invited to consult the documentation provided by LIGHT VISION prior to any request for technical assistance, which shall not replace the training provided for in the article "Training" below.
(ii) Assistance for the correction of anomalies, particularly in the Software.
(iii) The supply of new versions and/or updates of the Software, it being recalled that only the latest update of the latest version is maintained.
This technical support service is provided by LIGHT VISION during business hours (Monday to Friday inclusive, from 9:00 a.m. to 6:00 p.m. French time, excluding legal holidays). It is specified that technical assistance shall be excluded in the event that the Customer does not comply with the documentation provided by LIGHT VISION or does not use the Products properly.
11. Training
LIGHT VISION offers to train the Customer in the proper use of LIGHT VISION Products. The schedule and duration of the training sessions shall be determined between the parties, it being specified that LIGHT VISION may conduct such training sessions remotely or on its premises.
12. Instructions and safety
The Customer is informed that the Products are intended for people suffering from AMD, but do not constitute a cure for this disease. The Customer is also informed that:
(i) The effectiveness of the Products depends on the individual user's health and the severity of the AMD and that they are not suitable for all AMD sufferers;
(ii) It is imperative that, prior to any use of the Products, the user consults an ophthalmologist to determine whether the Products are suitable for the user's condition.
(iii) That it is recommended that the user of the Products undergo regular eye examinations to monitor the progress of AMD.
(iv) That as the Products are customised through adjustments via its Software, it is recommended that the user carry out a trial before any purchase.
(v) That the user is advised to carefully read the user manual (Appendix III) and to strictly follow the recommendations of an optician before using the Products.
In the event of failure to comply with the instructions set forth in this article, LIGHT VISION shall not be held responsible for any damage caused by the Product.
13. Contraindications
Without this being a substitute for consulting an ophthalmologist, the user is informed that the use of the Products is not recommended:
(i) if the user has epilepsy;
(ii) if the user has a balance disorder;
(iii) if the user has eye or head tremors;
(iv) In contact with water (rain, shower, etc.) or in a very dusty environment;
(v) when driving vehicles;
(vi) outdoors;
(vii) looking directly at the sun or any source of intense light when wearing the glasses.
In any event, should the user experience any adverse effects while using the Products, it is imperative that he/she immediately cease use of the Products and consult an ophthalmologist as soon as possible. In the event of non-compliance with the Contraindications set forth in this article, LIGHT VISION shall not be held responsible for any damage caused by the Product and/or to the Product.
14. Right of withdrawal
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In accordance with the legal provisions in force, the Customer may exercise his or her right of withdrawal from LIGHT VISION up to fourteen days after validation of the purchase of the Product(s) on the Website, without having to justify his or her reasons or to pay any additional fees.
In the event that the right of withdrawal is exercised within the stipulated period, only the price of the Product(s) purchased and any shipping costs shall be reimbursed to the Customer.
LIGHT VISION shall inform the customer by email or telephone of the procedures for returning the product. If the product must be returned by the customer, the latter shall return it no later than one week after the customer has communicated his or her decision to withdraw. This deadline is deemed to have been met if the customer returns the product before the fourteen day period has expired.
The product must be returned to LIGHT VISION in its original and complete condition (packaging, accessories, instructions, etc.), clean, and in conditions that allow it to be remarketed in its new condition. The customer shall attach a copy of the purchase invoice to the returned product. Damaged or incomplete products are not accepted.
The customer shall be reimbursed for all sums paid within ten days at the latest from the date on which LIGHT VISION is informed of the customer's decision to exercise his/her right of withdrawal. If the product has been delivered to the customer, the refund shall be made at the time LIGHT VISION receives the product.
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15. Satisfied or refunded
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In accordance with Light Vision's commitments, the Customer may exercise his or her Satisfied or reimbursed guarantee with LIGHT VISION up to fourteen days after delivery of the purchase of the Product(s), without having to justify his or her reasons or pay any additional fees.
In the event that the Satisfaction or refund guarantee is exercised within the stipulated timeframe, only the price of the Product(s) purchased and any shipping costs shall be refunded to the Customer.
LIGHT VISION shall inform the customer by email or telephone of the procedures for returning the product. If the product must be returned by the customer, the latter shall return it no later than one week after the customer has communicated his or her decision to use his or her Satisfaction or refund guarantee. This deadline is deemed to have been met if the customer returns the product prior to the expiration of the fourteen day period.
The product must be returned to LIGHT VISION in its original and complete condition (packaging, accessories, instructions, etc.), clean, and in conditions that allow it to be remarketed in its new condition. The customer shall attach a copy of the purchase invoice to the returned product. Damaged or incomplete products are not accepted.
The customer shall be reimbursed for the total amount of the sums paid within ten days at the latest from the date on which LIGHT VISION receives and verifies the conformity of the Product(s).
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16. Liability and warranty
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Warranty of conformity
LIGHT VISION undertakes to deliver compliant Products and shall be liable for any defects in the conformity of the Product existing at the time of delivery as well as for any defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been placed under the responsibility of LIGHT VISION by the Customer or has been carried out under the responsibility of LIGHT VISION.
The Product is compliant (1) when it is fit for the use usually expected of a similar good and, if applicable, when it (i) corresponds to the description given by LIGHT VISION and possesses the qualities that LIGHT VISION presented to the Customer in the form of a sample or model and when it (ii) has the qualities that a purchaser may legitimately expect in light of public statements made by LIGHT VISION, in particular in advertising or labeling, as well as (2) when it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Customer, provided that such special use has been brought to the attention of LIGHT VISION, which has accepted such special use.
The Customer shall have two years from the delivery of the Products to invoke the warranty of conformity, it being specified that defects of conformity that appear within two years from the delivery of the Product shall be presumed to exist at the time of delivery, unless proven otherwise. In this regard, LIGHT VISION may fight this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity.
In the event of a lack of conformity, the Customer may choose between repairing or replacing the Product. However, LIGHT VISION reserves the right not to proceed according to the Customer's choice if this choice would result in a cost that is clearly disproportionate to the other method, given the value of the Product or the importance of the defect. LIGHT VISION may then proceed, unless it is impossible, according to the method not chosen by the Customer. If repair and replacement of the Product are impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded. The same option shall be available to the Customer (1) if the solution requested by the Customer, proposed by LIGHT VISION or agreed upon by the parties cannot be implemented within one month of the Customer's complaint or (2) if this solution cannot be implemented without major inconvenience to the Customer, given the nature of the Product and the purpose for which it is intended. However, the sale cannot be cancelled if the lack of conformity is minor. The repair or the replacement takes place without any expenses for the Customer who can always, by demonstrating a prejudice, request the allocation of damages.
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Warranty of hidden defects
LIGHT VISION warrants the hidden defects of the Products that render them unfit for their intended use, or that so diminish such use that the Customer would not have purchased them or would have paid a lower price for them, had he or she known of them. The Customer has two years from the discovery of the latent defect to invoke the warranty for latent defects. In the event of a hidden defect, the Customer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.
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17. Applicable law, claims and disputes
The applicable law is French law. The Customer is informed that, in the event of a dispute, he/she may refer the matter to the jurisdiction of the place where he/she resided at the time of the conclusion of the Contract or the occurrence of the harmful event.
18. Mediation
The Customer is hereby informed that he/she has the right to have recourse, free of charge, to a consumer mediator in order to amicably resolve any dispute that may arise between him/her and LIGHT VISION. The Customer may thus use, free of charge, the online dispute resolution platform set up by the European Commission by visiting the following website: https://ec.europa.eu/consumers/odr/main/inde x.cfm?event=main.home2.show&lng=EN. Alternatively, the Customer may contact the Medicys Mediation and e-Services Centre, located at 73 boulevard de Clichy, 75009 Paris and reachable at 01 49 70 15 93.
19. Personal Data
The Customer is hereby informed that ordering and setting up the Products gives rise to the collection and automated processing of personal data concerning the Customer by LIGHT VISION. The data collected in this manner shall be processed by LIGHT VISION, as the party responsible for such processing. It shall be stored and used in accordance with the terms of the Privacy Policy. The Privacy Policy is an integral part of these GTC. This Data shall be kept for as long as necessary for the purposes for which it is collected and processed. At the end of the retention periods, LIGHT VISION shall proceed with the definitive deletion of the Data still in its possession. Mandatory fields on forms are indicated as such by an asterisk. In accordance with Law No. 78-17 of January 6, 1978 on Data Processing, Files and Individual Liberties as amended (hereinafter, "Data Processing and Liberties Law") and the European Data Protection Regulation No. 2016/679 of April 27, 2016 (hereinafter, "GDPR"), the Customer has the right to access, limit, rectify, portability, oppose and delete personal data concerning him/her. Finally, the Customer has the right to define directives defining the way in which he/she intends these rights to be exercised after his/her death. The Customer may exercise these rights by sending a letter to LIGHT VISION at 34 rue du Faubourg Saint-Antoine 75012 Paris or an email to contact@lightvision.fr and attaching a copy of both sides of his/her ID. The Customer has the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (www.cnil.fr).
