Terms of sale
These General Terms and Conditions of Sale (“GTCS”) define the terms of sale of the products displayed on VISIOFACTORY.COM; they apply exclusively between CACTUS Company (CEO Laurent Nageleisen) and any person making a purchase on VISIOFACTORY.COM and its extensions (hereinafter referred to as "you" or "the customer").
VISIOFACTORY.COM is the property of CACTUS in its entirety, as are all related rights. Any full or partial reproduction is prohibited, unless prior authorization has been given by CACTUS.
The main business of VISIOFACTORY is selling optical products such as sunglasses, eyeglasses, contact lenses, and other products relating to optician business. This activity is carried out in compliance with the regulatory framework and rules for opticians. To this end, a qualified optician is at the disposal of customers by telephone (during the opening hours), fax, email or post. Besides, the President of CACTUS is an optician degree holder.
1. Acceptance of these Terms and Conditions of sale
The customer acknowledges having read and being fully aware of these Terms and Conditions before placing an order and states accepting them unconditionally.
These Terms and Conditions of Sale govern the contractual relationship between the customer and CACTUS. They will prevail over any other condition appearing on any other document, unless an exemption is expressly granted and signed by CACTUS. These Terms and Conditions may be modified without notice at any time by CACTUS. The applicable conditions are those enforced on the site on the date the order is placed.
Product and price offerings are those displayed on this website while stocks last. Photographs and texts illustrating the products remain the exclusive property of CACTUS.
The products offered on this website are in compliance with the French legislation in force and applicable standards in France and the European Union. However, CACTUS cannot guarantee full compliance of the products with applicable standards in countries outside the European Union. Therefore, the customer must check the compliance of products, the purpose of import, with applicable legislation of the country of destination. If the products are seized by customs services, CACTUS cannot be held responsible and no refund will be issued.
CACTUS carries out the shipping of the offered products throughout the world.
A complete list of the countries covered by our shipping services is available in the “Quick delivery” section or on each product page.
To place an order on this website, the customer must be of age and have legal capacity. If this is not the case, a parental authorization is required.
Any information automatically registered by VISIOFACTORY.COM constitutes valid proof of the nature and content of the order. To place an order on our website, the customer must first have created an account whose methods and information will be explained at the time of registration.
Before confirming the order and processing the payment, the customer must unconditionally accept the entirety of these General Terms and Conditions of Sale.
The data registered by VISIOFACTORY.COM constitute the proof of the entirety of transactions made between customers and CACTUS. The data registered by the system of payment “CM-CIC payment” constitute the proof of financial transactions.
Once the payment method is selected and the order is confirmed, the customer will receive an order confirmation email (at the email address provided during the registration process) including an invoice and a detail summary. Then, a second email will be sent to confirm the payment acceptance.
However, the sale will be concluded only after validation of payment by CACTUS.
Besides, in order to fight against online payment fraud, CACTUS reserves the right to ask the customer to provide any proof if in doubt about his identity, age, address or the holder of the payment method.
In any case, CACTUS reserves the right to refuse or cancel any order of a customer with whom there would be:
- A litigation relating to the payment of a previous order;
- A doubt about his identity;
- A doubt about his solvency;
- A doubt about his contractual capacity.
Moreover, CACTUS reserves the right to refuse or cancel any order placed on VISIOFACTORY without the customer being entitled to claim any compensation in case of:
- Error in inventory management;
- Permanently out of stock products;
- An obvious mistake on one or several products displayed on the site;
- An obvious mistake on a price;
- A mistake or discordance between prescription and order;
- Infeasibility of optical equipment.
Any product ordered on this website is intended for private use only and not for the purpose of partial or full resale.
In this logic, for an order of more than three pairs of glasses and according to the destination, CACTUS SAS reserves the possibility of not honoring the order in order to respect the commitments made towards our suppliers, and in order to avoid to the customer problems customs with blocked parcels.
4. Price and payment
For orders placed in metropolitan France:
The prices are expressed in euros (€), all taxes included (French VAT and other applicable taxes). The charged VAT is equal to the basic rate applied in metropolitan France for this type of products (20%). The VAT rate indicated on your invoice represents the VAT rate of ordered and sent items. The displayed price includes the French VAT at the corresponding rate. The price indicated on each product page does not include shipping fees. The price indicated on the order summary and order confirmation pages is the definitive price, all taxes included. This price includes the price of products, handling charges, packaging costs, shipping fees and insurance costs. The total amount is payable in cash on the day the order is confirmed.
Besides, CACTUS reserves the right to modify its prices at any time. But the products will be charged on the basis of applicable prices on the day the order is placed.
For orders placed outside metropolitan France:
In compliance with applicable law, CACTUS is forced to charge the VAT on orders sent to most European Union countries.
Orders delivered outside the European Union are not subject to VAT, but can be subject to local taxes and customs fees in force in the country of destination. This also applies to orders delivered in the French Overseas Departments and Territories (DOM/TOM) and other regional authorities.
For orders outside the European Union, VAT is detailed on the order summary page and in the order confirmation email.
If customs authorities charge the customer for customs duties and excise taxes when he collects his parcel, no refund, discount or tax relief will be made on the amount of the order.
Therefore, before placing an order, the customer must check for possible taxes and duties due on product imports.
In any case, CACTUS cannot be held liable in case of failure to pay taxes due by the customer.
Warning: any inaccurate information provided by the customer in order to avoid VAT may result in civil fines and criminal proceedings.
You can pay the products ordered on VISIOFACTORY.COM by:
1) Credit card (Visa, Mastercard/Eurocard, American Express) directly online. For this purpose, CACTUS has chosen “CM-CIC p@iement”.
During a credit card payment process, the whole transaction is encrypted between you and CIC Bank. You temporarily leave the website and are redirected to “CM-CIC p@iement”.
“CM-CIC p@iment” is the guarantee that:
- CACTUS will never know your Credit card number. Indeed, this one is entered on a web secured page hosted by the bank.
- “CM-CM p@iement” will never know the details of your purchases because we only send the total order amount and the order number to “CM-CIC p@iement”.
In case of refusal of approval by payment centers, the order will be automatically cancelled and the customer will be informed by email.
Besides, CACTUS reserves the right to refuse any credit card payment if the amount of the order exceeds €1000.
2) PayPal for orders that do not exceed €1000, shipping fees excluded.
3) Bank transfer for any purchase over €400, shipping fees excluded. CACTUS reserves the right to refuse any payment by bank transfer for orders under €400, shipping fees excluded.
In any case, CACTUS reserves the right to ask the customer to choose another payment method if in doubt about his identity, age, address or solvency.
In case of non-payment and one month after a formal notice sent by registered mail remaining unsuccessful, the sums due by the customer shall bear interest at the applicable basic rate of the ECB (EUROPEAN CENTRAL BANK) increased by 5 points.
4) Orders made with a payment in three times can not be the subject of a relay point delivery: the customer must compulsorily opt for a home delivery with signature if he wishes to benefit from this method of payment.
5. Title retention clause
By express agreement and in compliance with the French Law of 12 May 1980, ordered products remain the property of CACTUS until complete payment. In case of failure by the customer to meet his obligations, for whatever reason, CACTUS will have the right to demand immediate return of the products at his own risk and expense.
6. Availability and shipping
6.1. Availability of the products
Any delivery date displayed on this site is expressed in working days (except Sunday and bank holidays in compliance with the local Law of Alsace-Moselle, registered office of CACTUS).
Each product page shows different notifications:
- Product available: the product is available and corresponds to the stock status when ordering.
- Out of stock: the product is temporarily unavailable and out of stock. The period for the replenishment of unavailable products is up to a maximum of 3 weeks as soon as CACTUS gets acquainted with the product unavailability.
Therefore, this period is only theoretical and depends in any case on suppliers and/or manufacturers and varies with the product type.
The customer will be informed by email in case of possible change of the replenishment date.
- Available soon: the concerned products have been newly announced by our suppliers and/or manufacturers, with a scheduled date of availability. This date is likely to be modified, modification that would be communicated to the customer by email.
- Special offer: the concerned products have a discount on their retail prices for a limited time, in compliance with the applicable law.
6.2. Shipping of products
All orders are handled, prepared and dispatched, in other words given to our freight operator, within 2 work days from:
- The payment validation by CACTUS, regarding available and in-stock products;
- The product receipt by CACTUS, regarding replenished or pre-ordered products.
6.2.1. Preparation and shipping of sunglasses or frames without correcting lenses
Ordered products will be sent to our freight operator within 10 to 15 working days as soon as CACTUS receives the entirety of the customer ophthalmic data.
6.2.2. Preparation and shipping of eyeglasses with correcting lenses
Ordered products will be shipped included between 4 and 7 working days from knowledge by CACTUS Company of the whole ophthalmic datas of the customer.
6.2.3. Preparation et shipping of the contact lenses
All orders are handled, prepared and dispatched, in other words given to our freight operator, within 1 to 4 working days as soon as CACTUS receives the entirety of the customer ophthalmic data.
6.3. Unavailability of products
In case of unavailability of products at our suppliers:
- Definitive unavailability: If available products at the time of order become, thereafter, for some reason, definitively unavailable, CACTUS will inform the customer and shall either offer replacement items of equal value in terms of quality and price, or repay the missing items, without delay and no later than 30 days, in compliance with article L121-20-3 of the Consumer Code.
- Temporary unavailability: If available products at the time of order become, thereafter, for some reason, temporary unavailable, CACTUS has to let the customer know the date when the item is restocked. Then, the customer can choose to maintain the order or cancel it. In that case, CACTUS shall repay the missing items, without delay and no later than 30 days, in compliance with article L121-20-3 of the Consumer Code.
When the customer orders one or several articles whose availability is not immediate, the order can be shipped separately or as soon as all the products are available. If shipped separately, additional shipping fees will be charged. The preparation of one or several products to be shipped will be made in compliance with a 2 days deadline such as provided above.
7.1. Delivery types and areas
VISIOFACTORY delivers worldwide and cooperates with La Poste’s Colissimo (La Poste is a French post office). Colissimo is a quick delivery service.
For metropolitan France, Corsica, Monaco and Belgium:
The delivery will be made by So Colissimo within 48 hours (2 working days) after the day the order is handled.
For deliveries in Corsica, the deadline is indicative and no compensation may be claimed in case of delivery over the deadline.
So Colissimo parcels will be the object of a delivery:
Delivery without a signature:
- In the letterbox at the address provided by the customer. La Poste can take the initiative to hand over the parcel to anyone present at the delivery address. Failing that and if delivery in the letterbox is not possible, La Poste can hand over the parcel to a neighbor or a caretaker that accepts the delivery. His contact details will be dropped off in the customer’s letterbox. La Poste offloads its obligation to deliver the parcel at the provided address in case of an absence of a letterbox, its inaccessibility or, in case of collective housing, an absence of nominative data on the letterbox.
Delivery against a signature:
- At the address provided by the customer against a signature of the recipient or any person duly authorized by the latter. In case of absence, a notice will be dropped off in the customer's letterbox. This notice indicates the contact details of the post office where the customer can get the parcel. At the initiative of La Poste, new presentation(s) of the parcel is/are possible.
- In one of the distribution points near the delivery address selected by the customer (post office, CITYSSIMO or SOCOLISSIMO storekeeper partner).
Delivery of parcels at La Poste or Storekeeper distribution point (metropolitan France only)
The parcel will be delivered upon presentation of a withdrawal note, a valid identity document, and against the signature of the customer or any person specially authorized or by any other method agreed with La Poste.
If the customer cannot present the withdrawal note, he will be able to collect his parcel by giving the parcel number and presenting a valid identity document. The parcel shall be kept at the customer’s disposal at the La Poste distribution point for a period of 10 working days from the day of receipt of the parcel. Beyond this time period, the parcel will be returned to CACTUS S.A.S.
If the delivery to the chosen location is not possible (closed distribution point), the parcel will be dropped off at another distribution point designated by La Poste. The customer will be informed by email with the contact details of the distribution point where he can collect his parcel.
Delivery at Cityssimo “Espaces colis” (metropolitan France only)
The customer can choose to have his parcel delivered at a Cityssimo place, locker network for delivery developed by La Poste, composed of several lockers of various sizes, which is a secure location dedicated for that purpose, open 24/7 (except specific hours of some locations).
The customer will receive an email and/or a sms reminder of the availability of his parcel on the third day and the eighth day from the first email and/or sms notification. After 10 working days (including the day of the notification by email and/or sms), the parcel will be withdrawn from the Cityssimo locker and returned to CACTUS S.A.S. Parcels subject to a forwarding order are excluded from this delivery method.
If the delivery to the chosen location is not possible (too big parcel, unavailable space…), the parcel will be delivered at the postal address that the customer will have provided on the label affixed on the parcel.
For parcels to deliver against a signature, the confidential code input validated by the Cityssimo locker is equivalent to the customer’s signature and the opening of the locker is equivalent to the delivery of the parcel.
7.1.2. For orders placed outside metropolitan France and Belgium
Delivery will be made by “COLISSIMO EXPERT INTERNATIONAL” service within 4 to 8 days worldwide.
COLISSIMO EXPERT INTERNATIONAL or EXPERT OM parcels will be delivered to the address provided by the customer against the signature of the customer or any person duly authorized, or by any other method agreed between La Poste and the customer. If the customer is absent, a notice will be dropped off in the customer's letterbox. This notice indicates the contact details of the post office where the customer can get the parcel. At the initiative of La Poste, new presentation(s) of the parcel is/are possible.
Any pending parcel is handed over the customer or any authorized person upon presentation of a valid identity document and against a signature. The parcel is stored at the post office for 15 consecutive days from the next day following the date of receipt.
7.1.3. Late delivery
In any case, CACTUS cannot be held responsible for late delivery, depending on La Poste’s service. No refund or compensation will be issued in case of late delivery.
7.1.4. False or incomplete shipping information
Any necessary information which are false or missing, in shipping address and customer’s identity release CACTUS Company from the responsibility for the delivery. In the case of a package return for incomplete address (e.g., Residence, building, company, etc… missing), the customer will be invoiced for the forwarding of the parcel.
CACTUS commits to do all that is necessary so that the orders are delivered within 30 days after validation of the payment by credit card, PayPal or bank transfer.
Moreover, in any case, CACTUS Company will be released from its obligation to deliver in the event of:
- Case of force majeure such as wars, riots, fire, strikes, accidents and the impossibility to be supplied;
- Non-performance by the customer of any of his obligations (payment, accuracy of the information provided by the customer such as shipping address…)
7.2. Shipping fees and insurance costs
CACTUS S.A.S. commits to offer free shipping fees and insurance costs for:
- Any order for metropolitan France, Corsica and Monaco over €130;
- Any order for Belgium over €150;
- Any order outside metropolitan France and Belgium over €200 excluding tax.
Otherwise (orders for metropolitan France under €130 including all taxes, orders for Belgium under €150 including all taxes or orders outside metropolitan France and Belgium under €200), a contribution towards shipping fees, insurance costs and packaging costs will be invoiced to the Customer.
Shipping cost for:
Les tarifs sont affichés hors zones éloignées.
Besides, the shipping fees indicated above do include french taxes. The customer commits to pay all due taxes including VAT and all other due taxes in virtue of the laws applied in the countries covered by CACTUS.
8. Parcel tracking
For the orders placed in metropolitan France, Corsica and Monaco, the customer will be informed about the various stages of his parcel’s route by e-mail:
- When the parcel is ready to be delivered by appointment;
- In case of absence during the first fixed appointment;
- If an event does not allow the delivery by appointment.
Besides, no matter the delivery zone, the customer can track his parcel at any time by connecting to the site www.collisimo.fr and by going into the space "Track a parcel" and entering the parcel number (13 characters) which will be given to him before the shipping.
9. Receiving a parcel
A particular care is granted to the packaging and preparation of the parcel; however the parcel may be damaged during shipping.
When the carrier delivers the parcel to the customer and before signing the delivery slip and accepting the parcel, CACTUS Company recommends to:
- Quickly check the state of the goods;
- Check the delivery slip to ensure that it corresponds to the delivered goods;
- Check the delivered goods to ensure they correspond with the order placed.
If the package appears to have been damaged or opened, CACTUS Company recommends you not to accept it and to indicate exactly the reservations on the delivery slip besides the signature, and to repeat them with the carrier by registered letter with acknowledgment of receipt within 3 days following the delivery in accordance with the provisions of article L.133-3 of the Commercial Code.
Besides, the customer will must inform CACTUS Company of any damage occurred during shipping by e-mail at the address firstname.lastname@example.org within three days following the delivery. If the customer accepts the parcel without having indicated reservations on the delivery slip, this one is presumed to have been delivered complete and in perfect condition.
In the context of a complaint launched by the CUSTOMER who declares a non-receipt of packages, while the carrier indicates that the package has been delivered, a complaint may be requested from the CUSTOMER. If the CUSTOMER refuses to file a complaint, the claim may be dismissed by the carrier and the CUSTOMER will not be able to claim a refund.
The time limit for an investigation launched with a carrier can go up to 1 month for France, and up to 3 months for international. Before the end of the investigation, CACTUS S.A.S cannot be held liable to reimburse the CUSTOMER or to return a new parcel with the item (s) ordered.
10. Returns & Exchanges
10.1. Right of withdrawal
In accordance with legal provisions, in particular Article L221-18 et seq. of the French Consumer Code, the CUSTOMER has a period of fourteen calendar days to exercise his right of withdrawal without having to justify his decision or pay any penalties. For customers of the VISIOFACTORY website, the period for exercising the right of withdrawal is extended to 30 days following receipt of the order. If the 30-day period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next working day. The CUSTOMER then has a period of 15 days from the date on which the withdrawal request is sent to return the product to CACTUS S.A.S.
In order to exercise the right of withdrawal, THE CUSTOMER shall notify its decision to withdraw by means of a statement that is unambiguous but not formally required. The CUSTOMER may send this to CACTUS S.A.S. in one of the following three ways:
on its customer area in "My orders"; -by email to the following address
-by email to the following address: email@example.com
-or by registered letter with acknowledgement of receipt addressed to :
1 avenue Pierre Pfmilin
THE CUSTOMER may use the model withdrawal form but this is not obligatory.
In order for the withdrawal period to be respected, it is sufficient for THE CUSTOMER to express his intention to exercise the right of withdrawal before the expiration of the withdrawal period.
However, pursuant to Article L221-28 of the Consumer Code, the right of withdrawal shall not apply to
- contracts for the supply of goods made to the consumer's specifications or clearly personalised;
- contracts for the supply of goods likely to deteriorate or expire rapidly
- contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of services which have been fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
In any event, VISIOFACTORY's customers shall comply with the return procedure described in Article 10.4. of these General Terms and Conditions of Sale.
Possible example of a withdrawal form
(Please complete and return this form only if you wish to withdraw from your order under the above conditions)
- For the attention of Visiofactory, 1 avenue Pierre Pfimlin, 68390 Sausheim, France. e-mail: firstname.lastname@example.org
- I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*) / services (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
10.2. Returned or swapped Goods
10.2.1. Returned or swapped Goods conditions
In compliance with article 10.1. above, the returned or exchanged products have be new, unused, in their original boxes and in perfect condition, with all the accessories (microfiber cloth included) and instructions.
Besides, the complete wrapping of care products and contact lenses must be in perfect condition, in accordance with traceability standards established by SYFFOC, a French organization for contact lens suppliers and manufacturers.
10.2.2. Damaged, incomplete, spotted or dirty goods
After receiving the parcel, CACTUS Company will judge the perfect condition of the returned products. Any returned product which is damaged, incomplete, used or soiled will neither be taken back nor exchanged; this one has become unfit for commercialization.
In this case, the customer service will inform the customer of the problem encountered. The product will be returned to him with shipping fees at his expenses, and he will have no right to claim for any compensation or refund.
Besides, if the customer has benefited from the “free return” service, CACTUS Company will have the right to invoice the customer-return of the product that has become unfit to commercialization as well as the forwarding fees.
10.2.3 Wrong Returned goods refer to demand
In the event that the returned contents are not in accordance with the returned request expressed by the customer, CACTUS Company reserves the right to take corresponding recovery actions with the customer.
10.2.4 Wrong delivered goods refer to demand
When the carrier delivers the parcel to the customer, CACTUS Company recommends that he check the conformity of the delivered goods. Any reservation on the conformity of the delivered goods must be mentioned on the delivery slip given by the carrier and repeated with VISIOFACTORY by email (through the contact form) within 3 days following the delivery. If any delivered product is not in accordance with the order, CACTUS Company commits to bear the returning fees as well as the forwarding charges.
10.3 Returning and swapping proceedings
The return and exchange procedure is accepted by CACTUS Company only if the customer has fulfilled various conditions:
For returns from metropolitan France, the customer must:
- Return his product with all the accessories, in perfect condition and in the original box or in any different box guaranteeing the entirety of the products to be returned or exchanged.
- Affix on the parcel the return label provided in the original box and by mentioning his complete contact details in the “sender” field if this one is not prefilled;
- Fill in the return-information sheet by indicating the product to be returned or exchanged and the reasons for the return;
- Close the parcel carefully with adhesive tape in order to guarantee the entirety of the products to be returned or exchanged.
For returns outside metropolitan France, the customer must:
- Return his product with all the accessories, in perfect condition and in the original box or in any different box guaranteeing the entirety of the products to be returned or exchanged.
- Enclose a copy of the purchase invoice;
- Indicate the reasons for the return;
- Include in a legible manner his complete contact details and send the parcel to:
1 avenue Pierre Pfimlin
Besides, CACTUS Company recommends that the customer makes the document "proof of delivery" flashed and stamped by the postal services which will allow him to prove he has dropped off the parcel at the post office, particularly in case involving loss.
The risks linked to the transportation for the return of products legally fall to the buyer.
10.4. Exchanged products
Exchanged products will be sent within 48 hours as from the receipt of the goods returned by the customer (subject to availability in stock of the products to be returned).
CACTUS will cancel the initial order and the customer will be refunded if the new order amount exceeds the initial one. The customer may then place a new order.
The new order will be shipped only after validation of the new payment.
If the new order amount is lower than the initial one, CACTUS Company will refund the difference:
- Within 48 hours (working days) if the customer has paid with PAYPAL;
- Within 72 hours in other cases (credit card, bank transfer, cheque) after receipt of the products returned to the following address:
1 avenue Pierre Pfimlin
10.5. Return and exchange fees
For any order placed in metropolitan France, Corsica and Monaco, CACTUS Company commits to bear the return and exchange fees as well as the forwarding charges, within the limit of one return or exchange per month. Beyond one return or exchange per month, the customer will be invoiced for the forwarding charges.
For any order placed outside metropolitan France, Corsica and Monaco, the customer will be invoiced for the return and exchange fees.
If the returned products comply with the conditions described above, CACTUS Company will refund the customer within 72 hours (working days) as from the receipt of the products.
The refund will be made either on the credit card used for the original transaction, on the customer’s PayPal account, or by cheque (sent within 72h as from the receipt of the returned products).
10.7 Offer Satisfied or refunded 30 days on correction glasses
Visiofactory offers customers who wish to order a pair of glasses in sight, an offer "satisfied or refunded 30 days".
If it turns out that the customer is not satisfied with his equipment, the latter may, as part of this offer, ask for a refund or exchange within 30 calendar days.
In all cases, the customer must, before returning the order, make a request to Visiofactory customer service.
Once the request is validated, the customer must return all items, items, accessories, cases and notices that have been sent to him in his order.
The glasses must be new and unworn, and returned with the mark gauges provided in the package.
If the mount is returned damaged, only the glasses will be refunded.
In case of exchange or refund, the customer will not be able to benefit, as part of this offer, a second exchange or refund in the 12 months following the date of the order concerned.
In any case, the customer benefits from the legal warranty against latent defects (Art. 1626 and following of the Civil Code). On condition that the customer provides proof of the latent defects, the seller also must repair all the consequences of them (Art. 1641 and following of the Civil Code).
The customer is bound to inform CACTUS Company of the product defects by registered letter with acknowledgment of receipt within 15 days following the receipt of the parcel. After this deadline, the customer is presumed to have accepted definitely and unreservedly the delivered goods. In the event of a defect, CACTUS Company commits to replace or repair the product(s), according to the choice of the customer. However, if his choice would lead to an excessive cost taking account of the value of the product or the significance of the defect, CACTUS S.A.S. reserves the right to choose either to replace or repair the product(s).
This warranty excludes:
- Any deterioration relating from the use of the product or causes that have nothing to do with the intrinsic characteristics of the product;
- Any use or maintenance that is non-compliant with the user manual provided with the product as well as misuse and inadequate maintenance;
- Any deterioration caused by mishandling, abusive or improper use, accidental or intended modification and use for professional or commercial purposes;
- Parts and accessories whose replacement results from normal wear or usual maintenance;
- Shipping and product change fees, in case of product recall by the manufacturer for defect;
- Any deterioration caused by an external event;
- Any operation performed on the product by anyone who is not appointed by CACTUS, and all consecutive deteriorations following this operation.
Besides, concerning this website, CACTUS Company does not guarantee, in any case, explicitly or implicitly, an uninterrupted service, free from error and viruses.
12. Fight against payment fraud
As part of the fight against payment fraud, our customer service reserves the right to carry out checks in order to validate the customer’s order.
Indeed, these controls aim to protect Cactus Company from abusive practices made by fraudsters. At the moment of the control procedure, the customer service may ask the customer to provide any necessary information required to place an order: proof of address and/or contact details of the credit card owner, proof of identity, etc…
The failure or refusal to provide these documents can give CACTUS Company the right to refuse or cancel the order. The delivery times mentioned above start only when the customer service receives all the documents requested.
We remind the customer that he has the right to access, correct and oppose his personal data by sending us a mail or e-mail at email@example.com.
13. Limitation of liability
13.1. Conformity of products with the French Legislation
The products offered on this website are in accordance with the French legislation in force and applicable standards in France and the European Union. CACTUS Company declines any liability supposing that the delivered goods would not respect the legislation of a country outside the European Union. It is the responsibility of the customer to check the conditions of import or use of the ordered products with the local authorities.
13.2. Eyeglasses and contact lenses
The customer must make sure that his ophthalmic data he has provided during the order correspond to those given by an ophthalmologist. Eyeglass prescriptions must be for a minimum of 3 years, and contact prescriptions must be for a minimum of 1 year.
Besides, the customer commits to inquire about the possible risks relating to eyeglasses or contact lenses and be examined regularly by an ophthalmologist or a specialized optician.
13.3. Use of the ordered products
CACTUS Company declines any liability for the use of any product that would exceed or differ from its normal use. Before placing an order, the customer must take all necessary precautions in order to make sure there is no possibility of allergic reaction or incompatibility with the product ordered.
If the customer purchases contact lenses or care products, he must carefully read the instructions in order to avoid any exceeding of lifespan and possible eye injuries.
CACTUS Company declines any liability for the consequences of a misuse or mishandling of his contact lenses or care products.
13.4 Accuracy of data
CACTUS Company strives to ensure the accuracy of the information displayed on this website. Possible mistakes, especially in English, are purely fortuitous and will be corrected as soon as possible.
CACTUS Company could not be held responsible for simple mistakes or omissions which could have remained despite all the precautions taken for the presentation of products. The same applies to the possible modifications of products decided by the manufacturers. The photographs displayed on this website should be viewed as illustrative only. CACTUS Company invites the customer to read the description of each product for precise features; if in doubt or for further information, please contact the customer service. In the case of obvious mistake between product features and its presentation and/or the terms of sale, the responsibility of CACTUS Company could not be engaged.
If the customer feels that the description of one or several products is incomplete or imprecise, CACTUS Company recommends him to inquire about the product features with the manufacturers or simply by contacting the customer service.
13.5 Nonperformance or misfeasance of the contract
In compliance with the legislation in force, CACTUS Company is not liable for the nonperformance or the misfeasance of the contract that would be attributable either to the customer, or to the act, unavoidable and unforeseeable, of a third-party unrelated to the contract or to a case of force majeure. In no case will CACTUS Company be liable for loss of earnings, loss of trade, loss of data, shortfall or any other indirect damage or damage that was not predictable at the time the website was used or the conclusion of the sale contract between CACTUS and the customer.
13.6 Hypertext links
In case of hypertexts links towards other websites from www.visiofactory.com, CACTUS Company will not be held liable for the content of the information provided on these websites after activation of these hypertext links.
14. Data protection
The customer’s personal data are required for the order processing, the order delivery, and the preparation of invoices and guarantee contracts. Failure to provide these data results in the impossibility for the customer to place an order.
In accordance with the French law number 78-17 of 6 January 1978 regarding Information Technology, Data Files and Civil Liberties, this website has been registered to the CNIL (French Data Protection Authority) and has the following authorization number 1467347. The automatic processing of data stored on this website have been done in accordance with the law number 78-17 of 6 January 1978 (modified), regarding Information Technology, Data Files and Civil Liberties.
The customer is informed that he has the right to access, ask, correct, complete, update, lock or delete his personal data that are inaccurate, incomplete, ambiguous, and out-of-date or those collection, utilization, communication or retention is prohibited (article 34 of the law of 6 January 1978).
The customer also has an opposition right on the processing of his personal data for legitimate reasons and a right to object to the use of these data for the purposes of marketing and prospecting.
In accordance with the provisions of the law number 98-536 of 1 July 1998 transposing into the Intellectual Property Code from the European Directive of 11 March 1996 relating to the legal protection of databases, CACTUS is the producer and owner of all or part of the databases on this website.
Users connecting this website acknowledge that its data are protected by law and, in accordance with the provisions of the French Law of 1 July 1998, that they may not upload, operate, store, copy, represent or keep, directly or indirectly in any media, by all means and forms, whole or substantial part, in quality or in quantity, of the content of databases of the site they are connecting to. All these rights can be obtained from CACTUS by filling in the contact form or by mail with a copy of an identification card or any identification document with a signature to:
VISIOFACTORY CACTUS S.A.S.
1 avenue Pierre Pfimlin
or directly by using the contact form.
15. Miscellaneous provisions
15.1. Verified reviews
The customer has the possibility to take part in the “verified reviews” operation organized by NET REVIEWS S.A.S.
This operation is aimed at collecting reviews and comments from customers concerning the operation of VISIOFACTORY’s website or its online products and services. The customer shares his experience with the online community at www.verified-reviews.com.
The provided information are subject to an automated data processing whose NET REVIEWS S.A.S. is in charge.
Partial answers or absence of answers to one or both of the satisfaction questionnaires do not affect the progress of your order and its process.
NET REVIEWS S.A.S. and CACTUS S.A.S. are the recipients of the customer’s personal data collected in these questionnaires.
In accordance with the French law number 78-17 of 6 January 1978 regarding Information Technology, Data Files and Civil Liberties, the customer has the right to oppose the recording of personal information, review personal information held about them and require incorrect personal information to be rectified.
All these rights can be obtained by mail with a copy of an identification card or any identification document with a signature to:
NET REVIEWS S.A.S.
Technopôle de Château Gombert
45 rue Frédéric Joliot curie
15.2. Customer service
For any further information or question, please feel free to contact our customer service by:
- E-mail through the contact form;
- Telephone: 0033 3 89 57 12 86 (Monday from 8.30AM to midday and 1PM to 4.30PM, and from Tuesday to Friday from 8.30AM to 6PM, local time in France);
- Mail at: VISIOFACTORY CACTUS S.A.S.
1 avenue Pierre Pfimlin
The name “VISIOFACTORY” was registered as a trademark at the INPI (French National Institute of Industrial Property) of Strasbourg, France, on 24 March 2010. Therefore, any use, reproduction, representation or exploitation without authorization from the brand above is purely prohibited.
CACTUS has an exclusive right to use the brand VISIOFACTORY within the framework of its online activity.
17. Legal jurisdiction and applicable law
The present general conditions are governed and interpreted in accordance with the French Law. If any provision of these general terms and conditions is or becomes invalid, that one will not affect the validity of other provisions and will be replaced by the relevant legal provisions.
In the event of a possible dispute with a professional within the meaning of Articles L.121-1 and following of the French Commercial Code and after attempts have been made to seek an out-of-court settlement, the courts of Mulhouse will have exclusive jurisdiction, even in the event of plurality of defendants or call in guarantee, whatever the payment modality, even by draft and other negotiable instruments. CACTUS Company reserves the right to seize any other competent court.