VISAGES - Conditions
Preamble

The website "visages.com" provides an overview of the activities of SCAN TO WEAR, a company specializing in the sale of eyewear and corrective lenses. Accessing, consulting, and using the site (hereinafter referred to as "visages.com") requires unconditional acceptance of these General Terms of Sale. These terms are agreed upon between SCAN TO WEAR and individuals wishing to make a purchase through the company's website, hereafter referred to as “Customer”.

1. Legal Notices and Scope of Application

The site "visages.com" is published and hosted by SCAN TO WEAR, a SAS with a capital of 1053 euros, located at 11, rue Notre Dame, 06400 Cannes, registered in the RCS of CANNES under the number 892 405 127, with the intra-community VAT number FR67892405127. The email address is: contact@visages.com

2. Acceptance of General Conditions

These General Terms of Sale aim to inform potential Customers about the terms and conditions under which SCAN TO WEAR sells and delivers products, and to define the rights and obligations of the Parties in the context of the sale by SCAN TO WEAR. Acceptance of the TERMS AND CONDITIONS OF SALE in the form of a click occurs during any account creation and/or order on the site and serves as proof that the Customer is aware of said provisions. By ordering, the Customer declares having acknowledged these general conditions and accepted the rights and obligations thereunder. No order is possible without this agreement. The click indeed acts as the electronic formulation of "yes" or acceptance. Accepting these general conditions implies that internet users are of legal age and have the necessary legal capacity, or if not, that they have the authorization of a guardian or curator if they are incapable. Customers have the option to save and print the TERMS AND CONDITIONS OF SALE using the standard features of their browser or computer. The TERMS AND CONDITIONS OF SALE apply to the exclusion of all other conditions, particularly those applicable for in-store sales.

3. Modification of the General Conditions

SCAN TO WEAR reserves the right to freely and at any time modify the General Conditions of Use of "visages.com". Every user connecting to "visages.com" is encouraged to regularly consult the General Conditions of Use to be aware of any changes. The renewed use of the site as these General Conditions of Use are modified constitutes acceptance, by each user, of the General Conditions of Use in force.

4. Prices and Availability
4.1. Prices

The online sales prices of products on visages.com are indicated in the currency of the country, in euros or in pound sterling, including all taxes and standard delivery fees. (See Article 9 “Delivery”). Prices may be changed at any time by SCAN TO WEAR, and the displayed prices are only valid on the day of the order and do not have effect for the future. The prices include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the products sold by SCAN TO WEAR.

4.2. Availability

The products presented on the site "visages.com" are valid as long as they are announced and within the limits of available stocks. The availability of products is indicated on the site. In the event of total or partial unavailability of products after placing the Order, the Buyer will be informed by email as soon as possible about the unavailability of the product and the cancellation of their Order. In case of cancellation of the Order: The Buyer's Order will be refunded for the price or the unavailable products as soon as possible and, at the latest, within thirty days from the notification of unavailability. The refund will be made by the same means that the buyer used to pay their order.

5. Order
 By placing an order for glasses equipped with corrective lenses on the Site, the Customer certifies:
  • being over 18 years old, or otherwise having the authorization of a guardian or curator if they are incapable.
  • being in possession of a valid medical prescription for glasses equipped with corrective lenses. This prescription can be entered directly by the customer or transmitted in the form of a prescription to SCAN TO WEAR (to establish the order). As long as SCAN TO WEAR has not received the medical prescription, delivery will be suspended.
To place an order, the Customer may select one or more products and add them to their cart. The process of selecting prescription glasses is divided into two additional steps and will result in a quote in the form of a summary:
    Step 1: Choice of product and customization of it Step 2: Choice of lenses according to different possibilities (lenses without correction or single vision), and different non-mandatory options (Anti-scratch, Anti-reflective, Anti-dirt, etc) Step 3: Providing the prescription (correction, pupillary distance, etc.) according to different modalities. The customer declares without limitor reservation that he is informed that without providing a medical prescription less than three years old, he will not be able to benefit from the reimbursements of the Health Insurance, under the usual conditions. Step 4: Cart validation (order interface where the products chosen by the buyer are found). Step 5: Contact details and Delivery Information Step 6: Choice of delivery type Step 7: Choice of payment method. (See Article 8: payment) Step 8: Validation of the order by clicking on the “Payment” button. Step 9: Receipt of a confirmation email within a maximum of 24 hours, issued by SCAN TO WEAR
If the user wishes to buy a pair of glasses on the IOS mobile application, the first step "Step 1" represents a face scan to take all the necessary measurements for the adjustment of the glasses to the morphology of the customer.
SCAN TO WEAR reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the case of non-payment or partial payment of any sum that would be due by the Client to the Company, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
6. Retention of Title Clause

The products and articles remain the property of SCAN TO WEAR until full payment of their price, in accordance with this retention of title clause. The risks are nevertheless transferred to the Client upon their delivery.

7. Creation of a Personal Space
Creating a personal space is optional when ordering from a Client on visages.com. However, it is strongly recommended for order tracking, especially to be able to enter the information necessary for customizing their lenses and generating their invoice and care sheet for their CPAM and, if applicable, their mutual or supplementary Health. To this end, the Client will be invited to provide a number of personal details. The Client commits to providing accurate information under penalty of contract resolution at the initiative of the publisher and deletion of the customer account.

Some information is deemed essential for the conclusion of the contract and its collection is necessary for the provision of the lens customization service and the conclusion of the contract. Refusal by a member to provide said information will result in preventing the creation of the personal space as well as, incidentally, the validation of the order.
This space allows the Client to consult all their orders made on the site, and also allows them, if applicable, to follow the delivery of these.
If the data contained in the personal space section were to disappear following an unforeseeable event, a technical failure, or a case of force majeure, the responsibility of the publisher of this site could not be engaged, as these informations have no probative value but only an informative character. The publisher however commits to securely keep all contractual elements whose conservation is required by law or regulations in force.

The pages relating to personal spaces are freely printable by the account holder in question but do not constitute proof in any way, they only have an informative character intended to ensure an efficient management of his orders by the client.
When creating the personal space, the user is invited to choose a password. This password is the guarantee of the confidentiality of the information contained in his "my account" section and therefore the user is forbidden to transmit or communicate it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

SCAN TO WEAR reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular but without this example having any exhaustive character, when the member has knowingly provided erroneous information, during his registration and the constitution of his personal space) or any inactive account for at least a year. Such deletion will not constitute a damage for the excluded member who cannot claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for SCAN TO WEAR, to undertake judicial proceedings against the member, when the facts have justified it.
8. Payment

The Client can place an order on visages.com and can make their payment by credit card. The client guarantees that he has the necessary authorizations to use the payment method he will have chosen for his Order.

8.1. Available Payment Method: Credit Cards

The credit cards accepted on the Site visages.com are as follows: Carte Bleue, Visa, American Express, and MasterCard. These payment cards must be issued by a bank or financial institution located in the European Union or Monaco.

8.2. Security in Payment Transactions
Payments by credit card are made through secure transactions provided by Stripe. In the context of credit card payments, SCAN TO WEAR does not have access to any data related to the user's payment methods. Payment is made directly to the banking institution. To ensure the security of credit card payments on visages.com, the Client must provide SCAN TO WEAR with the visual cryptogram (CVV) found on the back of the credit card used by the Client.
9. Delivery
The products ordered by the Customer in accordance with these General Terms and Conditions of Sale (CGV) will be delivered to the address indicated by the buyer as the delivery address on the related Order ("Delivery Address"). The company SCAN TO WEAR delivers to all countries of the European Union. In case of delivery of a package that is obviously and visibly damaged, it is up to the customer to refuse it in order to benefit from the warranty offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared for them, and then shipped as soon as the damaged package is returned. In such a case, the delivery times mentioned earlier in these general conditions will no longer apply. The unavailability, even prolonged and without any limited duration, of one or more products, cannot constitute damage to internet users and can in no way lead to the granting of damages from the site or its publisher.
9.1. Delivery Times
Orders are delivered within a maximum period of 30 working days from the perfect collection of the price corresponding to the counterparty by the seller, if the latter has all the elements to honor the order. See the "Order" section. However, certain products or certain volumes of orders may justify a longer delivery time, it will be expressly mentioned to the consumer's attention at the time of validating the order.
9.2. Apparent Defects
The customer commits to checking the conformity of the product with their order upon delivery. Any delivery error in relation to the order or apparent defect must be subject to a claim within 7 days from the delivery. After this period, the product will be considered as received by the customer, who will no longer be able to claim a delivery error or an apparent defect.
9.3. Damage and Partial Losses

In accordance with Article L 133-3 of the Commercial Code, the receipt of the transported items extinguishes any action against the carrier for damage or partial loss if within three days, excluding holidays, following that receipt, the recipient has not notified the carrier, by registered letter, of their motivated protest. Therefore, claims related to the transport of products must be made on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgment of receipt within three clear days from the receipt of the products under penalty of forfeiture of reserves and claims.

10. Provisions Relating to Consumer Rights
10.1. Customer Service
The customer service of this site is available from Monday to Friday from 10 a.m. to 7 p.m. by email at the following address or by postal mail at the following address: SCAN TO WEAR, 11 rue Notre Dame, 06400 CANNES.
10.2. Right of Withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a minimum period of 14 days from the day of receipt of the package containing the ordered products to exercise their legal right of withdrawal without having to justify their decision. The Customer who made a purchase on the visages.com site will have a period of 30 days from the day of receipt of the package. The Customer exercising their right of withdrawal under the conditions provided for in this article in terms of deadline and return procedures of the products, may obtain a refund of their returned order, in accordance with Article L221-24 of the Consumer Code. The refund will be made using the same means of payment used for the initial transaction, unless the Customer expressly agrees to a different means of refund. In accordance with the provisions of Article L121-20-2 of the Consumer Code, the Customer cannot in any case claim to exercise any right of withdrawal for orders of all products clearly personalized or made according to their specifications (e.g., prescription glasses). To exercise this right, the Customer must inform the company SCAN TO WEAR of their intention to withdraw by contacting SCAN TO WEAR's Customer Service within 30 days following the Order at the following address: SCAN TO WEAR, 11 rue Notre Dame, 06400, CANNES or by email at the following address: contact@visages.com.
10.3. Delay in Delivery

Any delivery delay of more than thirty days can lead to the resolution of the sale at the initiative of the consumer, upon simple written request from them, sent by registered letter with acknowledgment of receipt. The Client will then be reimbursed for the sums incurred by them at the time of the order. This clause is not intended to apply if the delivery delay is due to a force majeure event, independent of the will of the Company SCAN TO WEAR. In such a case, the customer undertakes not to pursue legal action against the site and its publisher and renounces to avail themselves of the resolution of the sale provided for in this article.

11. Warranty of Products Purchased on This Site

  All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force and benefit from all the approvals necessary for their marketing. The mandatory displays required by the legislative and regulatory provisions in force will be carried out on this site, in particular in the summary estimate of the order and the descriptive sheet of each article. In case of a defect in a product purchased on this site, customers have, in accordance with the provisions of the civil code on the legal warranty of hidden defects, a period of two years from the date of discovery of the defect to request an exchange or refund, and, under Article L211-5 of the consumer code, they will have a period of two years from the receipt of said product to request an exchange or refund, in the event that the delivered good is not conform, in the sense given to this word by the aforementioned article. To exercise one of these rights, they must return the package to the company's head office address: SAS SCAN TO WEAR, 11 rue Notre Dame, 06400 Cannes, accompanied by an explanatory letter requesting either a refund or exchange. The shipping costs of the package, in this latter case only, will then be reimbursed to the customer by check or by transfer, within a maximum period of thirty days. The items acquired on this site benefit, in addition to the warranty for hidden defects defined by the civil code as well as the warranty for proper conformity imposed by Article L211-5 of the consumer code which are, if applicable, always applicable and defined above, from a conventional warranty offered by the seller, the duration and terms of which will be indicated on the estimate communicated in the form of a summary of the order and in the user manual of each article. The hidden defect being a defect in the thing which, under normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed, the publisher of this site is notably not responsible, even within the framework of the conventional warranty, for the normal wear and tear of products, accidental damages or resulting from an abnormal use of the products.

12. Subscription to the VISAGES Newsletter

By entering their email address and postal code or by checking the box provided for this purpose, the Client agrees that the Company SCAN TO WEAR may send them, at a frequency and in a form that they will determine, a newsletter (information letter) that may include information related to its activity. The Client will become a subscriber to email and SMS communications from the Company SCAN TO WEAR and will have the opportunity to unsubscribe by clicking on a link provided for this purpose, present in each of the newsletters or by sending an SMS to STOP SMS, present in each of the SMS. 

13. Referral Program

SCAN TO WEAR offers its customers a referral program that allows the Client to credit discounts on their personal space for a future order. The referral enables the referrer to offer discounts to their close network and to receive a referral credit in return. The referrer can use this referral credit on their next orders in all SCAN TO WEAR stores or on the visages.com website. The referrer must be an active customer of SCAN TO WEAR, and they will have received their referral code by email after their first order in the VISAGES stores or on the website. This code cannot be communicated publicly on any media such as the Internet (discount sites, affiliation, forums, etc.), except on social networks like SnapChat, Facebook, Twitter, or Instagram. Any code communicated publicly, outside the authorized networks, will result in the deletion of the Client's account and their referral credits. For the referral to be taken into account, it is imperative that the Client enters the referral code when placing their order. The Client can only benefit from one referral for an order. All referral offers are not cumulative with other commercial offers currently at VISAGES.

14. Responsibilities
SCAN TO WEAR disclaims all responsibility in case of:

Temporary impossibility to access "visages.com" (and/or sites linked to it) due to:
  • Technical maintenance operations or updating of published information
  • Technical problems, regardless of their origin and source, including in case of material destruction, cyber-attack, deprivation, deletion, or prohibition
  • Temporary or permanent impossibility - including failures or unavailability inherent to hosting servers - of access to the internet network
Direct or indirect damages caused to the user, regardless of their nature, resulting from the content, access, or use of "visages.com" (and/or sites linked to it), as well as the impossibility to use "visages.com" (and/or sites linked to it)
Abnormal use or illicit exploitation of "visages.com". The user of "visages.com" is then solely responsible for damages caused to third parties and the consequences of claims or actions that may result. The user also renounces to exercise any recourse against SCAN TO WEAR in the event of legal action initiated by a third party against them due to the use and/or illicit exploitation of the site.
SCAN TO WEAR reserves the right to take legal action against anyone who has not complied with the provisions relating to articles 323-1 to 323-7 of the penal code, particularly those accessing fraudulently, in whole or part, an automated data processing system of "visages.com".
15. Editorial Content and Other Services Made Available

Users who access third-party published software (including Google Maps published by Google), via "visages.com", do so at their own risk. Each user of Google Maps declares to have previously accepted the terms of use of [and] [of]. Consequently, the responsibility of SCAN TO WEAR, or any of its partners or employees, cannot be sought for the information and services offered on the site for any damage, of any nature whatsoever. SCAN TO WEAR does not guarantee the completeness, accuracy, update, and comprehensiveness of the information and services made available, making all available means to offer users quality content. The use of the information and services offered on "visages.com" is under the sole responsibility of the user, who remains solely responsible for the commitments they contract. Articles and practical information related to the business sector of SCAN TO WEAR are made available to users on "visages.com", for informational purposes only, with the sole documentary aim. They do not constitute an alternative to consulting a professional in the concerned sector. SCAN TO WEAR's responsibility cannot be sought for the use of these software and associated services, for any damage of any nature whatsoever.

16. Hyperlinks
16.1. Links from "visages.com"

"visages.com" may contain hyperlinks to sites operated by third parties. These links are provided for informational purposes only. SCAN TO WEAR has no control over these sites and declines all responsibility for access, content, or use of these sites, as well as for the damages that may result from consulting the information present on these sites. The decision to activate these links is the full and entire responsibility of the user.

16.2. Links to "visages.com"

No hyperlink can be created towards "visages.com" without the prior express agreement of SCAN TO WEAR. If a user or a legal entity wishes to create, from their site, a hyperlink towards "visages.com", they must first contact SCAN TO WEAR at the address mentioned in point 3. The admissibility or not of such a request will be transmitted to the interested party.

17. Information and Freedoms

SCAN TO WEAR, as well as the brand and all illustrations, images, and logos, and any content on the visages.com site (including but not limited to the General Terms of Use and these General Terms of Sale) are and will remain the exclusive property of SCAN TO WEAR or the holder of the intellectual property rights concerned. The Client, therefore, acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, may be liable to give rise to legal proceedings against them by SCAN TO WEAR. This protection covers all textual and graphic content of the site, as well as its structure, its name, and its graphic DNA.

18. Intellectual Property
18.1. Copyright and Related Rights

  All elements constituting "visages.com" (texts, graphics, software, photographs, images, sounds, designs, names, logos, brands, various protectable creations and works, databases, etc.) as well as the site itself, are subject to French and international legislation on copyright and related rights, particularly articles L.122-4 and L.122-5 of the Intellectual Property Code. These elements are the exclusive property of SCAN TO WEAR, except for elements created by external contributors to "visages.com" who have not ceded their copyright or related rights.

18.2. Database Producer Rights

La société SCAN TO WEAR est le producteur de la base de données constituée par « visages.com», au sens de l’article L 341-1 et suivants du Code de la Propriété Intellectuelle. Toute extraction ou utilisation du contenu de la base non expressément autorisée peut engager la responsabilité civile et/ou pénale de son auteur. La société SCAN TO WEAR se réserve la possibilité de saisir toutes voies de droit à l’encontre des personnes qui n’auraient pas respecté cette interdiction.

18.3. Trademark Rights

The name and logo "VISAGES" are registered trademarks, property of SCAN TO WEAR. Any use of this trademark - and any other trademark owned by SCAN TO WEAR due to its activity - not expressly authorized may engage the civil and/or criminal liability of its author. SCAN TO WEAR reserves the right to take legal action against individuals who infringe on its rights.

19. Personal Data Protection
In accordance with the General Data Protection Regulation EU 2016/679 of April 27, 2016, and the Data Protection Act of January 6, 1978, in its amended versions, any person concerned by the processing of personal data has rights of access to their data, opposition to the use of their data, rectification, erasure, and data portability. They also have the right to limit the processing of their data, not to be subject to a decision based solely on automated processing, to bring an action before the National Commission on Informatics and Liberty (CNIL), and to give directives on the fate of their data after their death. To learn more about the processing of your data and the cookies placed on the site by SCAN TO WEAR, please consult our:
  • Data Protection Policy
  • Cookie Policy
20. Applicable Law and Jurisdiction Clause

The fact that SCAN TO WEAR does not take advantage of one of the provisions of these General Terms and Conditions of Sale and Use at a given time cannot be interpreted as waiving the right to avail itself of it later. All disputes that may arise regarding the validity, interpretation, acceptance, and execution of these terms, regardless of the place of subscription or settlement, will be subject to an attempt at amicable resolution that the parties agree to seek. Failing resolution within one (1) month from the written notification of such a dispute, the Paris courts will have sole jurisdiction, even in case of warranty claims or multiple defendants, for emergency or conservation procedures, in summary proceedings or by petition. These General Terms and Conditions of Sale and Use are subject to French law, which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory contrary provision or in the presence of a choice in determining the applicable law, French law will be applied.

21. Right of Withdrawal

If one of the clauses of these general conditions is declared null by a judicial decision, this nullity would not imply the nullity of all other clauses, which would continue to produce their effect. The fact, for the publisher, not to take advantage of one or more clauses of these general conditions, temporarily or permanently, will in no case waive the rest of the general conditions.