General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale are intended to define the terms and conditions of sale of the products presented on the VISIOFACTORY.COM website. They apply exclusively between the company CACTUS S.A.S. (chaired by Mr. Laurent Nageleisen) and any person making a purchase (hereinafter "THE CUSTOMER") via the VISIOFACTORY.COM website and its extensions.
The VISIOFACTORY.COM website and its extensions are the exclusive property of CACTUS S.A.S., as are all related rights. Any reproduction, in whole or in part, without the express prior authorisation of CACTUS S.A.S. is prohibited.
The VISIOFACTORY.COM website and its extensions, operated by CACTUS S.A.S., are intended for the sale of optical products, including sunglasses, prescription glasses, contact lenses, contact lens care products and any other item or product related to the optician profession. This activity is carried out in accordance with current regulations and the rules governing the profession of optician-optometrist.
All products sold on the VISIOFACTORY.COM website and its extensions are genuine branded products. To this end, a qualified optician is available to VISIOFACTORY customers by telephone (during opening hours), fax, email or post. In addition, the Chairman of CACTUS S.A.S. holds a diploma as an optician-optometrist.
1. Acceptance of the General Terms and Conditions of Sale
THE CUSTOMER acknowledges having read these general terms and conditions of sale before placing an order and expressly declares that they accept them without reservation. These general terms and conditions of sale govern the contractual relationship between THE CUSTOMER and CACTUS S.A.S. They shall prevail over any other terms contained in other documents, unless CACTUS S.A.S. explicitly and in writing states otherwise. These general terms and conditions of sale may be amended at any time by CACTUS S.A.S., without prior notice. The applicable conditions shall be those in force at the time of order confirmation.
2. Products
The product offers and prices proposed are those appearing on the website, within the limits of available stock. The photographs and texts illustrating the products for sale on the VISIOFACTORY.COM website remain the exclusive property of CACTUS S.A.S. The products offered by CACTUS S.A.S. comply with current French legislation and the regulations applicable in France and the European Union. CACTUS S.A.S. cannot guarantee that the products fully comply with the regulations of other countries outside the European Union. THE CUSTOMER is therefore required to verify that the products subject to the import operation comply with the legislation applicable in the country of destination of the products. In the event of seizure by customs authorities, CACTUS S.A.S. shall not be held liable, and the seizure shall not give rise to any refund.
CACTUS S.A.S. ensures worldwide shipping of the products offered. The complete list of countries covered by the shipping service on the VISIOFACTORY.COM website can be consulted on the "free shipping and worldwide shipping costs" page of each product sheet and in the footer of the VISIOFACTORY website at: https://www.visiofactory.com/fr/content/livraison-rapide
3. Order
3.1. Commitments
THE CUSTOMER must be of legal age and have legal capacity, or have parental authorisation, to place an order on the website. For orders of corrective lenses or optical equipment, in accordance with French legislation, THE CUSTOMER certifies that they hold a valid medical prescription (validity of less than 5 years from the date of issue for persons aged between 16 and 42, validity of less than 3 years for persons over 42).Persons under 16 must present a prescription valid for less than 1 year from the date of issue. Buyers of corrective glasses aged between 16 and 18 must have parental consent for the purchase. Supporting documentation must be provided at the request of CACTUS S.A.S.
3.2. Placing and validating the order by THE CUSTOMER
Automatic recording systems are considered proof of the nature and content of the order. To place an order on the VISIOFACTORY.COM website, THE CUSTOMER must first create an account, the details and procedures of which are explained during registration. Before confirming the order and proceeding to payment, THE CUSTOMER must have fully and unreservedly accepted all of these general terms and conditions of sale.
3.3. Validation of the order and acceptance of payment by CACTUS S.A.S.
The sale shall only be considered concluded once CACTUS S.A.S. has validated payment for the order, and constitutes acceptance of the offer, which serves as proof of the entirety of the order and of the amount owed for its execution.
As part of the fight against payment fraud, CACTUS S.A.S. has chosen the 3D Secure protocol. This makes it possible to authenticate the cardholder during an online sale through verification with their bank. Developed by the two credit card networks Visa and MasterCard, it is available under two different names: "Verified by Visa" and "Mastercard SecureCode".
In addition, CACTUS S.A.S. reserves the right to ask THE CUSTOMER to provide any supporting document in the event of doubt regarding THE CUSTOMER's identity, age, address or the holder of the means of payment. In any case, CACTUS S.A.S. reserves the right to refuse or cancel any order from a CUSTOMER with whom there is:
• a dispute relating to payment for a previous order;
• doubt regarding their identity or address;
• doubt regarding their solvency;
• doubt regarding their legal capacity to contract.
In addition, CACTUS S.A.S. reserves the right to refuse or cancel any order placed on VISIOFACTORY, without THE CUSTOMER being able to claim any compensation, in the event of:
• a stock error;
• definitive unavailability of the product;
• an obvious error relating to one or more products on the website;
• an obvious pricing error;
• an error or discrepancy between the order and the purchase;
• the impossibility of manufacturing the optical equipment.
All orders placed via the VISIOFACTORY website are intended for the personal use of THE CUSTOMER, who is prohibited from reselling the products in whole or in part. CACTUS S.A.S. therefore refuses to sell any optical or sun products to professionals.
In addition, for orders of more than three pairs of prescription or sun glasses, and depending on the destination, CACTUS S.A.S. reserves the right not to fulfil the order in order to honour the commitments made to suppliers and to prevent the customer from encountering customs problems due to parcels potentially being held.
3.4. Quotation
For all orders of corrective lenses, at the request of THE CUSTOMER, a quotation is provided in the form of an order summary, which presents THE CUSTOMER with all the selected products and their respective prices. The quotation is valid for 30 days from its date of issue and can be printed by clicking the "print a quotation" button.
The quotation is deemed accepted by clicking the "order" button, subject to the provisions detailed in points 3.2 and 3.3 of these Terms.
Furthermore, THE CUSTOMER also has the option of sending, by email or post, the printed quotation, completed and signed with the words "approved".
4. Prices and payments
4.1. Prices
For orders placed in mainland France:
The price is expressed in euros and includes all taxes (French VAT and other applicable taxes). The VAT invoiced corresponds to the standard rate applied in mainland France for this type of product, i.e. 20%.
The VAT rate shown on the invoice corresponds to the VAT rate of the items ordered and shipped. The price shown includes French VAT at the corresponding rate. The price shown on the product sheet does not include transport. THE CUSTOMER acknowledges that the amount of VAT may vary up to the order summary and confirmation stage, depending on the country of the delivery address entered. The price shown at the order summary and confirmation stage is the final price, including all taxes and VAT.
This price includes the price of the products, handling, cleaning and lens fitting costs into the frame where applicable, packaging, product storage, transport and insurance costs. The price must be paid in full at the time of order confirmation.
In addition, CACTUS S.A.S. reserves the right to change its prices at any time, but products will be invoiced based on the prices in force at the time the order is registered by THE CUSTOMER.
For orders placed outside mainland France:
In accordance with current legislation, CACTUS S.A.S. is required to apply VAT to orders shipped to most countries of the European Union.
Orders delivered outside the European Union are not subject to VAT but may be subject to local taxes and customs duties in force in the receiving country. This also applies to orders delivered to French overseas departments and territories and other territorial communities. For orders with a delivery address within the European Union, VAT is shown in the order summary and in the order confirmation email.
If, when collecting the parcel, customs duties and excise taxes are owed to customs authorities by THE CUSTOMER, such duties paid shall not give rise to any refund, discount or reduction in the order amount.
Before placing an order, THE CUSTOMER must therefore check the duties, fees and taxes that may be owed for an import operation, and acknowledges that any VAT owed may vary depending on the country of the delivery address provided by THE CUSTOMER. In any case, CACTUS S.A.S. shall not be held liable for the non-payment of any taxes for which THE CUSTOMER is responsible. Warning: any inaccurate information provided by THE CUSTOMER for the purpose of evading VAT may result in civil penalties and criminal prosecution.
4.2. Payment
Payment for products ordered on the VISIOFACTORY website is made:
1) By credit card (Carte Bleue, Visa, Mastercard/Eurocard, American Express), online.
To this end, CACTUS S.A.S. has chosen the "p@iement CM-CIC" system.
During a purchase on VISIOFACTORY, the entire transaction takes place in encrypted mode between THE CUSTOMER and the CIC bank. During this stage, THE CUSTOMER temporarily leaves the VISIOFACTORY website in order to save their bank details.
This is the guarantee that:
- CACTUS S.A.S. will never know THE CUSTOMER's credit card number. This is entered on a secure page hosted by the bank;
- "CM-CIC p@iement" will have no knowledge of THE CUSTOMER's purchase details, as only the total amount and order number will be transmitted to "CM-CIC p@iement" by CACTUS S.A.S.
The order will be automatically cancelled and the customer notified by email should the relevant bank payment centres refuse authorisation.
In addition, CACTUS S.A.S. reserves the right to refuse any credit card or PayPal payment exceeding 900 euros.
2) By PayPal payment up to a maximum of 900 euros, excluding shipping costs.
3) By bank transfer, possible for any purchase amount, or mandatory for any purchase exceeding 900 euros, excluding shipping costs.
In any case, CACTUS S.A.S. reserves the right to ask THE CUSTOMER to change the means of payment in the event of doubt regarding THE CUSTOMER's identity, age, address or solvency.
In the event of non-payment by THE CUSTOMER and after one month has elapsed following formal notice by registered letter with acknowledgement of receipt without response, interest shall accrue on the amounts owed by THE CUSTOMER at the base rate in force set by the European Central Bank (ECB), plus 5 points.
5. Retention of title clause
By express agreement and in accordance with the provisions of the law of 12 May 1980, ordered products shall remain the exclusive property of CACTUS S.A.S. until full payment of their price by THE CUSTOMER. In the event of failure by THE CUSTOMER to fulfil their obligations, for any reason whatsoever, CACTUS S.A.S. shall be entitled to demand the immediate return of the products at THE CUSTOMER's expense and risk.
6. Product availability and shipping
6.1. Product availability
All delivery times announced on the VISIOFACTORY website are expressed in business days (excluding Sundays and public holidays and in accordance with the local law of Alsace-Moselle, where CACTUS S.A.S. is based).
Each product sheet indicates:
- the label "Product in stock": the product is available and corresponds to CACTUS S.A.S.'s stock availability at the time of order;
- the label "Product unavailable": the product is temporarily unavailable and is no longer in stock. As a general rule, unavailable products are restocked within a maximum of 3 weeks from the time CACTUS S.A.S. becomes aware of their unavailability.
However, this timeframe is purely indicative and depends in each case on the supplier and/or manufacturer, and varies depending on the type of product. THE CUSTOMER may subscribe to receive an email notification to be informed when a product is back in stock.
- the label "product on request": these are products that will be ordered at the time of the customer's order, after the customer has been informed of an indicative availability period.
- the label "Promotion": the products concerned benefit from a reduction in the sale price for a limited period, in accordance with current regulations.
6.2. Shipping of products
6.2.1. Preparation and shipping of sunglasses or prescription frames intended solely for the wearer
Orders will be processed, prepared and shipped, i.e. handed over to the carrier, within 24 business hours of:
- payment validation by CACTUS S.A.S., for products in stock;
- receipt of the product by CACTUS S.A.S., in the case of restocked or pre-ordered products.
6.2.2. Preparation and shipping of corrective lenses alone or prescription glasses with corrective lenses
Orders for complete optical equipment and orders for genuine BBGR or Luxottica Ray-Ban corrective lenses will be handed over to the carrier within 10 to 15 business days, as soon as CACTUS S.A.S. has all of THE CUSTOMER's ophthalmic data and validation of reimbursements by THE CUSTOMER's supplementary health insurance, where applicable. This data may be transmitted via a personal area made available to THE CUSTOMER, protected by secure access, dedicated to their communications and transactions, which also allows them to request advice from a qualified optician.
For orders of corrective lenses or complete optical equipment, THE CUSTOMER must provide CACTUS S.A.S. with the corrections indicated on the prescription and the pupillary distance measurements (PD stands for "Pupillary Distance") or provide the documents necessary to obtain such measurements. THE CUSTOMER may obtain this information as follows:
- during a consultation with an ophthalmologist. Since 18 September 2014, Article 4134-1 of the French Public Health Code has made it mandatory to include the pupillary distance value on medical prescriptions for corrective lenses;
- by contacting a qualified optician via VISIOFACTORY customer service. The optician will explain the procedure for measuring pupillary distance by taking a photo or using a special application;
- from the last optician visited;
- all optical devices and corrective lenses are checked by a qualified optician before delivery to THE CUSTOMER.
THE CUSTOMER declares that they hold a medical prescription issued less than 5 years previously if aged between 16 and 42, or less than 3 years previously if over 42. Persons under 16 must hold a medical prescription issued less than 1 year previously. This medical prescription from the ophthalmologist must be provided to CACTUS S.A.S. in order to process the order. CACTUS S.A.S. can only finalise the order once this document has been received.
By entering the corrections themselves in the VISIOFACTORY optical form, THE CUSTOMER acknowledges the urgent nature of the corrections and certifies that the data provided is appropriate and consistent with THE CUSTOMER's needs.
In the case of orders for corrective lenses or optical equipment placed by customers not subject to French legislation, they undertake to comply with the legislation applicable to them on the date of the order.
CACTUS S.A.S. declines all liability where applicable.
6.2.3. Preparation and shipping of contact lenses
Orders are processed, prepared and shipped, i.e. handed over to the carrier, within 24 hours of CACTUS S.A.S. becoming aware of the customer's ophthalmic data.
6.3 Product unavailability
In the event of unavailability of products from our suppliers:
- permanent: if a product available at the time of order subsequently becomes permanently unavailable for any reason, CACTUS S.A.S. will inform THE CUSTOMER and undertakes to offer them a product of equivalent quality and price or to refund them for the missing items, without delay and no later than within 30 days, in accordance with the provisions of Article L121-20-3 of the French Consumer Code;
- temporary: if the product available at the time of order subsequently becomes unavailable for any reason, CACTUS S.A.S. will inform THE CUSTOMER of the date on which the product will be restocked. THE CUSTOMER may then choose whether to keep the order with the new delivery times or cancel it. In the latter case, CACTUS S.A.S. undertakes to refund the missing items without delay and no later than within 30 days, in accordance with the provisions of Article L121-20-3 of the French Consumer Code. Where THE CUSTOMER places an order for one or more items that are not immediately available, the order may be shipped in instalments or once all products are available. If the order is shipped in several batches, additional delivery charges will be invoiced. Preparation of the product(s) to be shipped will take place within the 24-hour period mentioned above.
7. Delivery
7.1. Delivery methods and area
VISIOFACTORY delivers worldwide and works with La Poste, Chronopost and DHL delivery services.
7.1.1 For orders from mainland France (including Corsica and Monaco)
THE CUSTOMER may choose between different delivery methods
7.1.1.1. Home delivery of the parcel
The parcel will be delivered to THE CUSTOMER's home by express delivery if THE CUSTOMER has chosen the Chronopost home delivery service, or within 48 hours via the "COLISSIMO" service provided by La Poste.
7.1.1.2. Delivery of the parcel to a post office
The parcel will be delivered to one of the 7,000 post offices available throughout mainland France. Once prepared, the parcel will be delivered to THE CUSTOMER within 48 hours, and THE CUSTOMER will be informed of the parcel's availability by SMS and/or email.
THE CUSTOMER may then collect it within the timeframe indicated by the "COLISSIMO" carrier. After this period, the parcel will be returned to CACTUS S.A.S.
7.1.1.3. Delivery of parcels to "Relais Colis" points
For deliveries made via the "COLISSIMO" service provided by La Poste, THE CUSTOMER may choose one of the 15,000 collection points, retailers and automated lockers close to their home, workplace or holiday address, where they wish their parcel to be delivered.
Once prepared, the parcel will be delivered to THE CUSTOMER within 48 hours, and THE CUSTOMER will be informed of the parcel's availability by SMS and email.
THE CUSTOMER may then collect it within 10 business days. After this period, the parcel will be returned to CACTUS S.A.S.
For deliveries made via the Chronopost service, THE CUSTOMER may choose from the 17,500 Shop2Shop collection points close to their home, workplace or holiday destination, where they wish their parcel to be delivered.
Once the parcel has been prepared, it will be delivered to THE CUSTOMER within 24 hours, and THE CUSTOMER will be informed of the parcel's availability by SMS and/or email.
THE CUSTOMER may then collect it within 7 calendar days. After this period, the parcel will be returned to CACTUS S.A.S
7.1.2. For other orders
For orders outside mainland France, delivery will be carried out by the carriers Colissimo, Chronopost-DPD, DHL Paket or DHL Express.
These carriers, indicated on the VISIOFACTORY website, may use other carriers for final delivery to the customer.
7.1.3. Delivery delays
As CACTUS S.A.S. is dependent on the services of La Poste, DHL and CHRONOPOST, CACTUS S.A.S. cannot be held liable for any delays in the delivery of an order resulting solely from a delay in the transport of the order itself. For this reason, no compensation may be claimed.
7.1.4 Incorrect or incomplete delivery information
CACTUS S.A.S. is not responsible for any incorrect or missing information in the delivery address and THE CUSTOMER's identity. In the event that a parcel is returned due to an incomplete address (e.g. missing residence, building, company name, etc.), the costs associated with reshipping the parcel shall be borne by THE CUSTOMER.
7.1.5. Commitment and liability
CACTUS S.A.S. undertakes to take all necessary measures to ensure that orders are shipped and delivered within the agreed timeframes from the validation of online payment by credit card, PAYPAL or bank transfer.
Finally, CACTUS S.A.S. shall in any case be exempt from the delivery obligation in the event of:
- the occurrence of cases of force majeure such as wars, riots, fires, strikes, accidents and the impossibility of supply;
- failure by THE CUSTOMER to fulfil any of their obligations (payment of the price, accuracy of the information provided by THE CUSTOMER, such as the delivery address, etc.)
7.2. Delivery and insurance costs
CACTUS S.A.S. undertakes to offer the customer delivery and insurance costs for all orders within mainland France delivered to a post office.
For all other orders, THE CUSTOMER will be invoiced a contribution towards delivery, insurance and packaging costs.
Shipping costs may be consulted on the following page: https://www.visiofactory.it/content/consegna-veloce
8. Parcel tracking
For orders destined for mainland France (including Corsica and the Principality of Monaco), THE CUSTOMER will be informed of the various stages of delivery of their parcel by email or SMS:
- the day before delivery;
- when the goods are dispatched;
- when the parcel is ready for delivery;
- if THE CUSTOMER is absent;
- if an event prevents delivery;
- in the event of a delivery delay.
In addition, the Customer may track their parcel at any time by visiting the website: https://www.laposte.fr/outils/suivre-vos-envoiset entering their tracking number (11 to 15 characters).
9. Receipt of the parcel
Particular care is taken in packaging and preparing parcels, however parcels may be damaged during transport.
When the parcel is delivered to THE CUSTOMER by the carrier, CACTUS S.A.S. recommends the following, before signing the delivery note and accepting the parcel:
- quickly examine the condition of the goods;
- check that the delivery note corresponds to the goods delivered;
- check that the goods delivered correspond to the order placed.
If the box appears to be damaged or open, CACTUS S.A.S. recommends not accepting it and noting reservations on the delivery note, in addition to signing it.
In addition, THE CUSTOMER must inform CACTUS S.A.S. by email, at service@visiofactory.com, of any transport damage within three days of receipt.
If THE CUSTOMER accepts the parcel without noting any reservations on the delivery note, it is presumed to have been delivered complete and in good condition.
In the event of a complaint from THE CUSTOMER stating that a parcel was not received or that the contents of the parcel are incomplete, despite the carrier indicating that the parcel was delivered, THE CUSTOMER may be asked to file a complaint. If THE CUSTOMER refuses to file a complaint, the complaint may be rejected by the carrier and THE CUSTOMER will not be entitled to a refund.
The investigation initiated with the carrier may take up to 1 month for France and up to 3 months for international shipments. Until the investigation is completed, CACTUS S.A.S will not be required to refund THE CUSTOMER or send a new parcel with the ordered items.
9.2 Disputing delivery
If the delivery of a parcel is disputed due to identity theft, a report must be filed with the police or gendarmerie as part of the investigation carried out by the carrier. If no report is filed, the order in question cannot be refunded.
9.3 Customs duties and consequences of refusing delivery
For all shipments to countries outside the European Union, any customs duties and import taxes are the sole responsibility of the recipient. These costs are determined by local customs authorities and must be paid by the customer in order to allow delivery.
In the event of refusal of delivery by the customer without legitimate reason (in particular in the event of non-payment of customs duties or repeated absence when the parcel is presented), or in the event of return of the parcel due to non-payment of taxes imposed by local customs authorities, the parcel may be returned to Visiofactory.
In this case, return costs, including any customs duties applied to the return, will be deducted from the refund amount made by our customer service department after receipt and verification of the parcel.
If the return is due to an error attributable to Visiofactory (product not matching the order, damaged item, etc.), Visiofactory will bear the full cost of the return, including any applicable customs duties.
10. Returns
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 the right of withdrawal without having to provide reasons or pay any penalty. For customers of the VISIOFACTORY website, the period for exercising the right of withdrawal is extended to 30 days from receipt of the order. Should the 30-day period expire on a Saturday, Sunday, public holiday or non-working day, the period shall be extended to the next business day. THE CUSTOMER then has a period of 15 days from notification of the withdrawal request to return the product to CACTUS S.A.S.
To exercise the right of withdrawal, THE CUSTOMER must communicate their decision by means of a clear and unambiguous statement, with no formal requirements. This communication may be sent to CACTUS S.A.S. using one of the following methods:
• from their own customer area, in the "my orders" section,
• by email to the following address: service@visiofactory.com,
• or by registered letter with acknowledgement of receipt addressed to:
VISIOFACTORY
CACTUS S.A.S.
2 rue de Paris
68350 BRUNSTATT-DIDENHEIM
THE CUSTOMER may use the model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for THE CUSTOMER to indicate their intention to exercise the right of withdrawal before the deadline expires.
However, pursuant to Article L221-28 of the French Consumer Code, it is not possible to exercise the right of withdrawal in the following cases:
• contracts for the supply of goods made to the consumer's specifications or clearly personalised, in particular optical or sun equipment fitted with corrective lenses;
• contracts for the supply of goods liable to deteriorate or expire rapidly;
• contracts for the supply of goods which, after delivery, become inseparably mixed with other items;
• contracts for the supply of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer after delivery;
• contracts for the supply of services fully performed before the end of the withdrawal period, where performance began after the consumer's explicit prior consent and waiver of their right of withdrawal.
In any case, VISIOFACTORY customers must follow the return procedure described in Article 10.3 of these General Terms and Conditions of Sale.
The information provided on the page relating to the free return procedure for France, available at https://www.visiofactory.it/content/reso-gratuito-entro-30-giorni, does not constitute a mandatory procedure for the consumer to exercise their legal right of withdrawal.
11. Satisfied or Refunded within 30 days offer for prescription glasses
11.1 General provisions relating to the offer
Visiofactory offers customers wishing to order a pair of prescription glasses the "Satisfied or refunded within 30 days" option.
Should the customer be dissatisfied with the purchased product, they may request a refund within 30 calendar days.
In any case, the customer must contact Visiofactory customer service before returning the order.
Once the request has been approved, the customer must return all elements included in the order: items, accessories, cases, instruction manuals, the original health insurance benefit slip and the invoices included in the parcel.
The glasses must be new, never worn, and returned with the branded packaging that was included in the parcel.
If the frame is returned damaged, only the lenses will be refunded.
In the event of a refund, the customer may only benefit from the "Satisfied or refunded within 30 days" offer again 12 months after the date of the order for which the refund was requested.
11.2 Additional provisions relating to the refund of optical equipment
In accordance with point 11.1 above, any request for a refund of an order for optical equipment requires the return of the original health insurance benefit slip and of the invoices included in the parcel.
Visiofactory advises the customer that, in the absence of the original health insurance benefit slip, they will be asked to provide Visiofactory's optical department with proof that the order was not reimbursed by Social Security and their supplementary health insurance.
Without submission of such proof, Visiofactory will not be able to proceed with the refund of the order.
12. Warranties
12.1. Statutory warranty of conformity
In accordance with the provisions on the statutory warranty of conformity set out in Articles L211-4 to L211-14 of the French Consumer Code, THE CUSTOMER has a period of two years from receipt of the order to report any products:
• that are not fit for the purpose ordinarily expected of similar goods;
• that do not correspond to the description provided by VISIOFACTORY.
- that do not possess the qualities declared by VISIOFACTORY or agreed upon between the customer and VISIOFACTORY.
However, this warranty only applies when the following conditions are cumulatively met:
• THE CUSTOMER must inform CACTUS via the contact form (by clicking here), by email at service@visiofactory.com or by post, that they intend to invoke the statutory warranty of conformity;
• THE CUSTOMER must indicate, in the communication addressed to CACTUS S.A.S., one of the three above-mentioned cases of defect;
• THE CUSTOMER must return the defective product in the condition in which it was received, together with all its elements and accessories;
• THE CUSTOMER must be able to provide, on request, any document proving that the product was purchased on the VISIOFACTORY website;
• THE CUSTOMER must return the product within 14 days of receiving the request for a statutory warranty of conformity from CACTUS S.A.S.
Where the statutory warranty is applicable, THE CUSTOMER may choose between repair or replacement of the non-conforming goods. In the event of an obvious difference in cost between the two options, CACTUS S.A.S. reserves the right to impose one solution or the other.
THE CUSTOMER also has the option of requesting a full or partial refund of the product, but only if repair or replacement prove impossible or cannot be carried out within one month of the request.
Shipping the product for which THE CUSTOMER requests the warranty shall be at the expense of THE CUSTOMER, and costs incurred shall not be reimbursed.
12.2. Statutory warranty against hidden defects
In accordance with the provisions on the statutory warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), THE CUSTOMER has a period of two years from discovery/finding of the defect to report it to CACTUS S.A.S.
THE CUSTOMER must inform CACTUS S.A.S. via the contact form (by clicking here), by email at service@visiofactory.com or by registered letter with acknowledgement of receipt. To apply this warranty, THE CUSTOMER must provide proof of the hidden defect, including a repair estimate or an expert appraisal of the goods, which must meet the following three cumulative conditions:
• the defect must not have been visible at the time of purchase;
• the defect must render the goods unfit for their intended use or significantly reduce their use;
• the defect must have existed at the time of purchase.
In addition, THE CUSTOMER must be able to provide, upon simple request, any document proving that the product was purchased on the VISIOFACTORY website.
Where the statutory warranty against hidden defects is applicable, THE CUSTOMER may choose between keeping the product and requesting a price reduction, or returning the product and requesting a refund of the price paid and the costs relating to the sale.
12.3. Commercial warranty and after-sales service
CACTUS S.A.S. undertakes to replace all optical lenses with less than one year of use, with a deductible of 40%.
12.4. Warranty exclusions
The following are excluded from any warranty:
• damage resulting from wear and tear or from causes unrelated to the intrinsic qualities of the product;
• use and maintenance not in accordance with the instructions provided with the product, as well as errors in use or maintenance;
• damage caused by mishandling, improper or abnormal use, intentional or accidental physical alteration, or use for professional or commercial purposes;
• parts or accessories replaced due to normal wear and tear or routine maintenance operations;
• transport and modification costs for the product, in the event of a manufacturer's recall due to defects;
• damage caused by external events;
• interventions carried out on the product by persons not authorised by CACTUS S.A.S., as well as any damage resulting from such interventions.
Furthermore, with regard to the VISIOFACTORY website, CACTUS S.A.S. does not in any way guarantee, either implicitly or explicitly, that any part of this service will be an uninterrupted service, free of errors or known viruses.
13. Control and fraud prevention regarding payment methods
As part of order control, the customer service department of the VISIOFACTORY website may carry out checks to validate THE CUSTOMER's order. These checks are intended to protect CACTUS S.A.S. from fraudulent practices potentially carried out by scammers. During the control procedure, customer service may request any documents necessary to process the order, including proof of address and/or credit card holder details, identity documents. Failure or refusal to provide the requested documents may lead to the order being refused or cancelled by CACTUS S.A.S. The shipping and delivery times mentioned above will only start to run once THE CUSTOMER has sent the requested documents to customer service. It is recalled that THE CUSTOMER has a right of access, rectification and objection with regard to all personal data, by writing by post or email (via the contact form or to: service@visiofactory.com).
14. Limitation of liability
14.1. Compliance of products with legislation
The products offered comply with current French legislation and the regulations applicable in France and the European Union. CACTUS S.A.S. declines all liability if the product delivered does not comply with the legislation of a country other than a member state of the European Union. It is THE CUSTOMER's responsibility to check with local authorities on the possibility of importing or using the ordered products.
14.2. Orders for prescription glasses and contact lenses
THE CUSTOMER must ensure that the ophthalmological data provided at the time of order corresponds to that established by an ophthalmologist and declares that they hold, for the purchase of corrective lenses, a prescription issued less than 5 years previously if aged between 16 and 42, or less than 3 years previously if over 42. Persons under 16 must hold a prescription issued less than 1 year previously. For the purchase of contact lenses, THE CUSTOMER under 16 who has parental authorisation to place orders on the website must hold a prescription less than 1 year old, or less than 3 years old if over 16.
This medical prescription must be provided to CACTUS S.A.S. in order to process the order. The company cannot finalise the order until the requested document has been received.
For orders placed by CUSTOMERS not subject to French legislation, they undertake to comply with the regulations applicable in their country at the time of the order. CACTUS S.A.S. declines all liability otherwise.
In addition, THE CUSTOMER undertakes to find out about the possible risks associated with the use of prescription glasses or contact lenses and to undergo regular eye examinations.
The optician, at THE CUSTOMER's request, provides relevant, targeted and personalised advice free of charge during the hours and days indicated above. If necessary, the optician may recommend a medical consultation, in particular if THE CUSTOMER reports discomfort resulting from use of the purchased product.
14.3. Use of products ordered by the customer
CACTUS S.A.S. declines all liability for any use of the products that exceeds or differs from their normal use. Before placing an order, THE CUSTOMER must take the necessary precautions to ensure that there is no possibility of allergic reactions or incompatibility with the ordered product. In the case of contact lenses or products for their maintenance, THE CUSTOMER undertakes to read the leaflet carefully in order to avoid exceeding the recommended usage period and to prevent any eye problems. CACTUS S.A.S. cannot be held liable for the consequences of improper use or incorrect handling of lenses or maintenance products.
14.4. Accuracy of information
CACTUS S.A.S. undertakes to ensure the accuracy of the information on the website. Any errors, particularly during the translation of product descriptions into English, are accidental and will be corrected as soon as possible. The images are for illustrative purposes, and THE CUSTOMER is invited to consult the description of each product to find out its precise characteristics or, in case of doubt, to contact customer service.
If THE CUSTOMER believes that the description of one or more products is incomplete or inaccurate, CACTUS S.A.S. recommends contacting the manufacturers or customer service directly for further details.
14.5. Failure or improper performance of the contract
In accordance with current regulations, CACTUS S.A.S. is not liable for failure or improper performance of the contract attributable to THE CUSTOMER, an insurmountable and unforeseeable event caused by a third party, or a case of force majeure. Under no circumstances shall CACTUS S.A.S. be liable for loss of profits, data, revenue, or any other indirect or unforeseeable damage at the time the contract was concluded.
14.6. Hyperlinks to other websites
In the event of hyperlinks from the VISIOFACTORY website to other websites, CACTUS S.A.S. is not responsible for the content of the information present on those websites.
15. Data protection
THE CUSTOMER's personal data is essential for processing and delivering orders, as well as for issuing invoices and warranties. Lack of information means THE CUSTOMER is unable to complete the order.
CACTUS S.A.S. is registered with the CNIL (Commission Nationale de l'Informatique et des Libertés) under number 1467347, in accordance with law no. 78-17 of 6 January 1978. Personal data processing is carried out in accordance with this regulation.
Users are informed that they have (Article 34 of the law of 6 January 1978) a right of access, enquiry and rectification allowing them, where necessary, to have their personal data rectified, completed, updated, blocked or deleted if it is inaccurate, incomplete, ambiguous, out of date, or if its collection, use, disclosure or storage is prohibited.
Users also have a right to object to the processing of their data for legitimate reasons, as well as a right to object to its use for direct marketing purposes.
In accordance with the provisions of law no. 98-536 of 1 July 1998, transposing into the French Intellectual Property Code Directive 96/9/EC of 11 March 1996 on the legal protection of databases, CACTUS S.A.S. is the producer and owner of all or part of the databases present on the VISIOFACTORY website.
By accessing this website, THE CUSTOMER acknowledges that the data comprising it is legally protected and, in accordance with the provisions of the aforementioned law of 1 July 1998, undertakes not to extract, reuse, archive, reproduce, represent or store, directly or indirectly, on any medium and by any means whatsoever, in whole or in part, in a qualitatively or quantitatively substantial manner, the content of the databases present on the website.
All of these rights may be exercised against CACTUS S.A.S. by post, accompanied by a copy of a signed identity document, to be sent to the following address:
VISIOFACTORY
CACTUS S.A.S.
2 rue de Paris
68350 BRUNSTATT-DIDENHEIM
Or directly via the contact form available on the website.
CACTUS S.A.S. states that CUSTOMERS' personal data is neither sold, commercialised, nor rented to third parties. However, CACTUS S.A.S. may send THE CUSTOMER information and commercial offers from any partners.
THE CUSTOMER also agrees to the retention of their data relating to ophthalmological prescriptions. This data will under no circumstances be transferred or disclosed to third parties.
In accordance with Article 4.2 of the decree of 20 June 2013 relating to good practices for the online dispensing of medicines, the retention period for health data is 3 years.
16. Miscellaneous provisions
16.1. Trusted Shops "Reviews" scheme
THE CUSTOMER may take part in the "rated site - premium site" scheme organised by Trusted Shops GmbH.
Through two evaluation questionnaires, the purpose of which is to measure the quality of service offered by the VISIOFACTORY website during the purchasing process, THE CUSTOMER will be able to share their personal experience with the online community on the Trusted Shops GmbH website.
These questionnaires may be sent by Trusted Shops or by the VISIOFACTORY website, by email or via a pop-up at the end of the purchasing process.
The information collected through these questionnaires is subject to automated processing, for which Trusted Shops GmbH is responsible.
Partial responses or failure to respond to the questionnaires do not affect the processing or handling of the order. Trusted Shops GmbH and CACTUS S.A.S. are the recipients of the personal data collected in the questionnaires.
Non-personal data will be used by Trusted Shops GmbH in accordance with current regulations, particularly regarding the protection of personal data.
In accordance with the French Data Protection Act of 6 January 1978, THE CUSTOMER may at any time exercise their rights of access, rectification and objection with regard to their personal data by writing to:
Trusted Shops GmbH
Subbelrather Str. 15c
50823 Cologne, Germany
Management: Jean Marc Noël, Thomas Karst, Ulrich Hafenbradl
Cologne District Court, Commercial Register, HRB 32735
16.2. "Verified Reviews" scheme
THE CUSTOMER may take part in the "verified reviews" scheme organised by SKEEPERS S.A.S.
This scheme involves collecting reviews and comments from customers regarding the operation of the VISIOFACTORY website, as well as the products and services offered. THE CUSTOMER will be able to share their personal experience with the online community on the website www.avis-verifies.com.
The information collected is subject to automated processing, for which SKEEPERS S.A.S. is responsible.
Partial responses or failure to respond do not affect the processing or handling of the order. SKEEPERS S.A.S. and CACTUS S.A.S. are the recipients of the personal data collected through the reviews.
In accordance with the French Data Protection Act of 6 January 1978, THE CUSTOMER may at any time exercise their rights of access, rectification and objection with regard to their personal data by writing to:
Skeepers SAS
18-20 avenue Robert Schuman
CS 40494
13002 Marseille, France
16.3. Customer service
For any information or questions, VISIOFACTORY customer service is available to THE CUSTOMER via:
- Email, via the contact form or at service@visiofactory.com
- Phone, Monday to Friday, from 9am to 5pm (French local time):
• From France: 03 89 57 12 86 (call charged at local rate).
• From abroad: 0033 3 89 57 12 86.
- Post, at the following address:
VISIOFACTORY CACTUS S.A.S.
2 rue de Paris
68350 BRUNSTATT-DIDENHEIM
All returns are processed within 10 days of receipt of the product by CACTUS S.A.S.
For queries relating to prescription glasses, a qualified optician is available Monday to Friday, from 9am to 5pm (French local time), or by email at the dedicated address opticien@visiofactory.com.
The optician provides, at THE CUSTOMER's request and free of charge, relevant, targeted, appropriate and personalised advice during the hours and days indicated above. Depending on the case, the optician may recommend a medical consultation, in particular in the event of discomfort noted by THE CUSTOMER while using the purchased product.
17. Optional Zen Warranty for prescription glasses
Visiofactory offers customers purchasing prescription glasses with a delivery address in mainland France an optional warranty called the "Zen Warranty".
This warranty offers additional benefits compared to those provided for the purchase of prescription glasses on the Visiofactory website, and covers both the corrective lenses and the frame.
The Zen Warranty may be taken out for a period of 24 months at the time of purchasing the glasses. It does not cover product refunds or financial compensation.
In the event of lens replacement, the replacement lenses will have the same correction as those originally ordered. If frame repair is not possible, Visiofactory will replace the frame with the same model, if available, or with an equivalent model.
To submit a repair or replacement request, THE CUSTOMER must:
1. Inform Visiofactory by email at opticien@visiofactory.com, providing the order number and their contact details. Any damage must be documented with attached photos.
2. Ship the damaged glasses to the address provided by Visiofactory, at their own expense, within 10 business days.
A report must be filed with the relevant authorities and a copy of the report sent by registered letter with acknowledgement of receipt to:
CACTUS S.A.S.
2 rue de Paris
68350 BRUNSTATT-DIDENHEIM
The report must be received before the expiry of the 2-year period from the date the order was shipped.
17.2 Fitting lenses to a frame supplied by the customer
Personal frames are not covered by the Visiofactory warranty. THE CUSTOMER must send photos of the frame to check the feasibility of fitting. In the event of damage during the fitting of a frame not purchased on the website, Visiofactory will offer a discount voucher of 50 euros or compensation of up to a maximum of 30 euros.
17.3 - 100% health offer
Visiofactory offers glasses with frames compliant with CE standards (maximum price: 30 euros) and lenses at regulated rates. The equipment is fully reimbursed by Social Security and supplementary health insurance.
However, the website does not provide for direct payment (third-party payer): THE CUSTOMER must forward the reimbursement documents. An optician checks each order to ensure the accuracy of the prescriptions.
18. Trademark rights
The name "VISIOFACTORY" was registered as a trademark with the INPI in STRASBOURG on 24 March 2010. Any use, reproduction, representation or exploitation of the trademark without authorisation is therefore strictly prohibited. It is clarified that CACTUS S.A.S. holds the exclusive right to use the VISIOFACTORY trademark as part of its online activities.
19. Applicable law and competent jurisdiction
These general terms and conditions are governed by and interpreted in accordance with French law. The original language of this contract is French. Should any provision of these general terms and conditions be declared void or become void, this shall not affect the validity of the other provisions, which shall be replaced by the applicable legal provisions.
In the event of a dispute, pursuant to Articles L.121-1 et seq. of the French Commercial Code and after an attempt at an amicable settlement, exclusive jurisdiction is granted to the French courts for all disputes relating to these terms, even in the event of multiple defendants or third-party proceedings, regardless of the method of payment, including bills of exchange or other commercial instruments.
20. Consumer mediation
In accordance with the provisions of the French Consumer Code (Code de la consommation) relating to the amicable resolution of disputes, CACTUS S.A.S., which operates the VISIOFACTORY.COM website (SIRET 520 596 396 00017), has appointed CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice) as consumer mediator.
In the event of a dispute, and after first sending a written complaint to VISIOFACTORY.COM that has not led to a satisfactory solution, the consumer may contact CM2C free of charge:
- online, at www.cm2c.net;
- or by post, at the following address: CM2C – 49 rue de Ponthieu – 75008 Paris, France.
Recourse to mediation is free of charge for the consumer.
A few weeks ago, THE event for every fashion lover happened... Yes you know what we are talking about, The Fashion Week. During a few days, the streets of Paris became a true showroom where models, fashion lovers, designers, stylists and celebrities meet each other. If you, just like me, follow that event only from your desk, you most certainly think : What to wear this autumn ? Hopefully Visiofactory got your back and here are the greatest look of the season : 
Sir ! Yes Sir ! : Military print or Camo. Oh yeah, Camo is still IN, and we just have what you need to match your outfits. Discover the new 
Tired of this gray fog and sad clouds ? Color is your thing ? We got you ! Mustard Yellow is here and we find it pretty stylish ! If you're not into the full mustard look, don't worry, I've found a good compromise : a beautiful bag and vintage sunglasses. This pilot version from Ray-Ban is one of our crush ! Find these 
Are you cold ? Get warm with the new trend : Pink and Silver.
The Ray-Ban New Gatsby RB 4256 is a mixed model but we should say it straight : it will particularly attracts women thanks to its wonderful association of pantos form with a highly refined double bridge. For the boldest, we advise you to select grey or green mirrored lenses such the 
The 
Are you fond of one model ? Find them all on our website by clicking 
.jpg)
.jpg)
.jpg)
@amelietauziede - Oakley Evzero
.jpg)
A balanced diet is the key to healthy vision.
Carrots, sweet potatoes and spinach are excellent sources of vitamin A.
Citrus fruits, kiwis and peppers naturally boost your eye’s defenses.
Almonds, hazelnuts and sunflower seeds — a protective trio for your eyes.
Water and hydrating fruits — essential allies for comfortable vision.
Fatty fish and seeds rich in omega-3 promote a healthy retina.
.jpg)
.jpg)
.jpg)
.jpg)
.jpg)
_1.jpg)
