1.   Scope

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-safety.com/gb/ (hereinafter "the Site") between Bolle Protection SARL, a French limited liability company, with share capital of €155 000, registered with the Trade and Companies Register of Lyon under number 325 330 322, whose registered office is located at 34 rue de la Soie - 69100 Villeurbanne (hereinafter "BOLLE SAFETY" or "us") and the end consumer wishing to purchase the products (hereinafter the "Products") sold on the site (hereinafter the "Customer").

BOLLE SAFETY 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 SAFETY 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 SAFETY 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.   Products

• 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
  Products offers and prices are valid as long as they are visible on the Site, except for some temporary discount operations whose duration and conditions will be specified on the Site. The Customer may consult the availability of the Products on the Product description page.
  If Customer orders a single Product which happens to be unavailable, BOLLE SAFETY reserves the right to reject the order. In this case BOLLE SAFETY will inform Customer of his/her order cancellation by e-mail.
  If several Products are ordered, and one of them is unavailable, BOLLE SAFETY will inform the Customer by e-mail. The rest of the order will be processed and sent to the Customer within the time limits specified in his/her order confirmation. Alternatively, the Customer may also choose to cancel his/her order in full, by contacting BOLLE SAFETY’s 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 SAFETY 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.

 

4.   Order

In order to be able to place an order for Products, the Customer must follow the following steps:

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:

BOLLE SAFETY 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

5.1. Price

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 SAFETY 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.

The Customer’s invoice which includes the price paid and delivery costs in Euro (€) or Pound Sterling (£) is available and can be downloaded on Customer’s personal account accessible on the Site. If Customer placed an order without creating a customer account (guest checkout), Customer can still download his/her invoice on the Site, he/she can access to his/her order information by entering his order number, e-mail address and postal code, it will enable him/her to verify the order status and to download the corresponding invoice. Alternatively, when Customer’s order is shipped BOLLE SAFETY will send Customer a Shipping confirmation e-mail which will include a link to download Customer’s invoice.

5.2. Payment

The price is payable in full on the date the order is placed by the Customer, by secure payment, according to the following terms:

To this end, the Customer guarantees BOLLE SAFETY 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.

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 center, 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 SAFETY may not be incurred in this respect.

BOLLE SAFETY 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 SAFETY 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.  Delivery

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 SAFETY delivers to the following countries (hereinafter the "Delivery Area"):

• Metropolitan France
• the United Kingdom
• Spain (excluding Andorra, the Canary Islands, Ceuta et Melilla),
• Germany (excluding Helgoland and Büsingen)
• Austria
• Ireland
• Belgium
• The Netherlands
• Luxembourg

The Customer is informed that BOLLE SAFETY 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 SAFETY 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 (https://www.bolle-safety.com/gb/shippingpage.html), 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 SAFETY 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 SAFETY 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 SAFETY 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 inform the Customer of its allocated delivery time slot. In the event of absence during the allocated time slots, the Customer must inform 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 delivery of the order by the carrier at the address that the Customer has indicated to BOLLE SAFETY, regardless of whether Customer was present at the indicated address at the time of delivery.

At the time of delivery, the Customer is required to check the condition of the package and its contents. 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 a delivery attempt at Customer’s address is unsuccessful, Customer acknowledges that the carrier may also deliver the Products to a pick-up point and will inform you via e-mail or SMS about how to rearrange delivery or where to collect the Products.

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 has, under the conditions stipulated in articles L. 221-18 to L. 221-28 of the French Consumer Code, a right of withdrawal relating to the Products purchased on the Site. UK customers have under the Consumer Contracts Regulations 2013 a right to change their mind, within thirty (30) calendar days from the date of receipt of the Products.

 

The Customer must inform BOLLE SAFETY of his/her decision to exercise his/her right of withdrawal on or before the expiry of the aforementioned period. The Customer has the option of completing and submitting his/her declaration of cancellation either:

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:

GEODIS

Return Service – BOLLE SAFETY -

25 RUE DU MOLLARET

38070 SAINT QUENTIN FALLAVIER

- the Customer must return the Products to BOLLE SAFETY via its carrier, within a maximum period of 14 days from the date on which he/she informed BOLLE SAFETY of his/her withdrawal decision, using the pre-printed return label that the Customer received in his/her original package (the return shipping costs will be deducted from Customer’s reimbursement). 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 SAFETY 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 SAFETY reserves the right to refuse the return of a Product and to not refund it or to not refund the full amount:

7.3. Reimbursement

If Customer complied with the withdrawal procedure described in article 7.1 and 7.3, BOLLE SAFETY will refund the returned Product(s) within fourteen (14) calendar days from the date on which BOLLE SAFETY has been informed of the Customer's decision to exercise his/her right of withdrawal. BOLLE SAFETY will send a confirmation of withdrawal to Customer by e-mail. However, BOLLE SAFETY reserves the right to withhold refund until the date of reception of the returned Product by BOLLE SAFETY or until Customer provides proof of shipment of the returned Products, whichever comes earlier.

BOLLE SAFETY will provide the refund using the same payment method as the Customer used for the initial transaction:

- If payment was made by credit card then the repayment will be made to the same credit card 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 SAFETY 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 SAFETY 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 documentation 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 waranty of compliance

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 SAFETY 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 warranty 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 SAFETY, 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 warranty of conformity, BOLLE SAFETY 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 SAFETY may not proceed according to the Customer's choice if the requested remedy is impossible or imposes disproportionate costs to BOLLE SAFETY 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 SAFETY, 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 SAFETY 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 SAFETY 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. ”

8.3. Exclusion of warranty

BOLLE SAFETY excludes from its warranty:

- defects resulting from any misuse of Products or use which would not be compliant with their intended purpose,

- defects resulting from Customer’s failure to comply with installation, use and maintenance instructions of Products,

- defects resulting from the deterioration and normal wear and tear of the Products,

-defects resulting from damage by abuse or negligence, 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 Product warranties, BOLLE SAFETY 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: 

France : web-france@bollebrands.com  

United Kingdom : web-uk@bollebrands.com 

Germany : web-germany@bollebrands.com  

Austria : web-austria@bollebrands.com  

Spain : web-spain@bollebrands.com

Belgium : web-int@bollebrands.com

Luxembourg : web-int@bollebrands.com

The Netherlands : web-int@bollebrands.com

Ireland : web-int@bollebrands.com

-  By telephone: 00 800 1507 1507, open from Monday to Friday from 9 am to 5 pm (except public holidays)

-  by post: BOLLE SAFETY – Customer service – 34 rue de la Soie – 69100 Villeurbanne – France.

-  by completing the form on the following page: https://www.bolle-safety.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 SAFETY or the owner of the intellectual property rights concerned, for which BOLLE SAFETY 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 SAFETY 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.

Information on how we process your personal data is detailed in our Privacy Policy (https://bolle-safety.com/gb/privacypolicy.html). The Customer may at any time access the data concerning him/her, correct it or have it deleted. The Customer also has a right to portability and a right to restrict the processing of his/her data. In order to exercise these rights or for any questions regarding the processing of his/her data in the context of the customer relationship, the Customer may contact us at dataprivacy-eu@bollebrands.com or contact Customer Service. If the Customer believes, after contacting us, that his/her "Data Protection" rights are not respected, he/she may send an online complaint to the French Data Protection Authority (CNIL) (https://www.cnil.fr/fr/plaintes) or the appropriate regulator in the Customer’s own jurisdiction.

 

12.  Limitation of liability

BOLLE SAFETY 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 SAFETY 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.

BOLLE SAFETY does not exclude or limit in any way its liability to Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by BOLLE SAFETY’s negligence or fraud or fraudulent misrepresentation.

BOLLE SAFETY is not liable for business losses. BOLLE SAFETY only supply the Products for domestic and private use. If Customer uses the Products for any commercial, business or re-sale purpose BOLLE SAFETY will have no liability to Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any other direct or indirect losses he/she 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 SAFETY' obligations. This non-performance of the contract may not incur the liability of BOLLE SAFETY. If the force majeure event has a duration of more than one (1) month, BOLLE SAFETY may cancel Customer’s order and will be exclusively liable for reimbursing the Customer, and 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 SAFETY retains the written document which establishes the contract concluded between BOLLE SAFETY 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 in the event of a dispute he/she may turn to a mediator in aim to solve a conflict he/she would have with BOLLE SAFETY, the mediator will implement an amicable dispute resolution process.

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.

Therefore, Customer may, free of charge, turn to the Paris Center for Mediation and Arbitration (CMAP) if he/she has a conflict with BOLLE SAFETY which has not been solved after contacting our Customer Service. In order to submit its dispute to the CMPA, the Customer may (1) complete the online dedicated form on https://www.cmap.fr/cmap/file-your-request/turn-to-us-consumer-mediation/?lang=en, or (2) send his/her request by normal or registered post to CMAP Mediation Consumption 39, avenue Franklin D. Roosevelt – 75008 Paris. 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 SAFETY, a brief statement of the facts and evidence of the preliminary steps taken with BOLLE SAFETY.

CMAP can handle referrals in English and in French, the mediation process will be conducted in one of those languages at Customer’s option.

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)

Alternatively, 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

BOLLE SAFETY reserves the right to sub-contract, transfer, assign or novate all or any of its rights and obligations under these GTC. Customer is not entitled to sub-contract, assign or otherwise tranfer any of his/her rights under these GTC without BOLLE SAFETY’s prior written consent. 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.

Even if BOLLE SAFETY delays enforcing these GTC, it can still enforce them later. If BOLLE SAFETY does not insist immediately that Customer do anything he/she is required to do under these GTC, or if BOLLE SAFETY delays in taking steps against you in respect of Customer breaching these GTC, that will not mean that Customer does not have to do those things and it will not prevent BOLLE SAFETY from taking steps against you at a later date. For example, if  Customer misses a payment and BOLLE SAFETY does not immediately request it but continue to provide the products, BOLLE SAFETY can still require Customer 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 SAFETY 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 SAFETY– Customer Service - 34, rue de la Soie – 69100 Villeurbanne, France.

 

WITHDRAWAL FORM   To BOLLE SAFETY– 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 No.:     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)   Date

THE PRODUCTS ARE TO BE RETURNED USING THE PRE-PRINTED LABEL PROVIDED WITH YOUR PACKAGE or, failing this, to the following address: GEODIS Return Service – BOLLE SAFETY 25 RUE DU MOLLARET 38070 SAINT QUENTIN FALLAVIER FRANCE