Conditions of use

LEGAL NOTICE

The English version of the www.afflelou.net website is published by ALAIN AFFLELOU FRANCHISEUR SASU, a simplified joint-stock company with a sole shareholder with a capital of 2 561 154.24€, whose registered office is at Tour Trinity – 1 bis Esplanade de la Défense – 92400 Courbevoie, and which is registered under number 304 577 794; email address: serviceclients@local.afflelou.net
Head of publication is Mr Anthony AFFLELOU.

The www.afflelou.net website (hereinafter referred to as the “Site”) is hosted by:

CLARANET
2 RUE BREGUET
75011 PARIS
01 85 65 32 52

PRODUCTS

Sunglasses fitted with non-corrective lenses, contact lens products (contact lenses and maintenance products for contact lenses) and ordinary glasses are presented on our Site (hereinafter referred to as the “Product” or the “Products”).

ONLINE TRY-ON SERVICE

The user can create his/her own “online try-on” with the aid of dynamic images used to virtually try on the frames.

To create his/her online try-on, the user should first authorise the Site to use his/her webcam and then take a photograph of his/her face by following the instructions given.

When the online try-on profile has been created, the user can virtually try on any frame (the whole frame or part of the frame) from the catalogue made available. The selection can be changed or deleted at any time in the “Your Try-on” section of his/her customer account.

LIABILITY

The Site is accessible 24/7. ALAIN AFFLELOU FRANCHISEUR undertakes to do everything it can to ensure user access to the Site at all times. However, ALAIN AFFLELOU FRANCHISEUR cannot be held liable if the Site is temporarily unavailable, in particular because of maintenance or updating, urgent repair, telecommunication system breakdown, or a virus, beyond the control of ALAIN AFFLELOU FRANCHISEUR.

The user of the Site acknowledges to have taken note of these general terms and conditions of use and undertakes to comply with them.

The user acknowledges that he/she has the skills and the means necessary to access and use the Site and confirms to have ascertained that the computer configuration used does not contain any virus and is perfectly operational.
ALAIN AFFLELOU FRANCHISEUR makes every effort to provide users with available and verified information and tools.
ALAIN AFFLELOU FRANCHISEUR declines all liability in the event of any misuse of the information provided and its possible consequences, in particular as regards decisions that could be taken or action undertaken on the basis of that information.

The user acknowledges that he/she uses the information and tools available on the Site under his/her exclusive responsibility.

OBLIGATIONS OF THE USER

The user undertakes to use the Site only under the conditions laid down herein and also undertakes to refrain from:

• using the Site under any conditions other than those laid down by ALAIN AFFLELOU FRANCHISEUR;
• misusing the Site for personal purposes;
• committing any act of counterfeiting;
• harassing anyone.
• The user is responsible for the use of the service and his/her actions on the Site. He/she undertakes to make fair use of the Site in compliance with these general terms and conditions and the laws and rules applicable, in particular the laws on intellectual and industrial property, data processing, files, and privacy.

The user will refrain from any statement that is defamatory, insulting, misplaced, offensive, and more specifically any statement that is:

• hateful, racist, xenophobic, paedophilic, homophobic or revisionist, and any statement that may harm someone else’s honour or reputation, or is threatening to a person or a group of people;
• inciting discrimination, hatred of a person or a group of people in particular because of their origin, their belonging or not belonging to an ethnic group, a nation, a race or a particular religion, or justifying war crimes or crimes against humanity, contrary to public order or morality;
• intended to encourage, support, instigate or spread rumours in any way and/or harming the private nature of correspondence and by doing so infringing the rights of third parties or violating intellectual property privacy or image rights;
• harming minors;
• inciting mistreatment of and/or attacks on individuals or animals; encouraging suicide or inciting the perpetration of violent action against the user or anyone else.
• The user undertakes to inform ALAIN AFFLELOU FRANCHISEUR of any manifestly unlawful content.

The user shall refrain from in any way collecting information on internet users, be it manually or automated, in particular email addresses, without their consent, in particular in order to send out unsolicited prospection, spam or chain emails.

INTELLECTUAL PROPERTY

The English version of the Site in its entirety and any of its component parts taken independently, in particular specific programs and developments and contents including data, text, still or moving images, logos, sounds, graphics and files, are the exclusive property of ALAIN AFFLELOU FRANCHISEUR or of third parties that have granted a licence or user rights to it. The user has a private and non-exclusive right of use.

Any full or partial representation and/or reproduction of the Site or one of its component parts and any use of the contents of the Site for purposes other than individual and private consultation is prohibited without the express authorisation of ALAIN AFFLELOU FRANCHISEUR and constitutes counterfeiting penalised under Articles L.335-2 et seq. of the French Intellectual Property Code.

The databases on the Site are protected by Articles L.341-1 et seq. of the French Intellectual Property Code and any qualitatively or quantitatively substantial extraction or reuse of the contents of the databases is a punishable offence.

The trade marks and logos appearing on the Site are trade marks registered by ALAIN AFFLELOU FRANCHISEUR or by third parties. The perpetrator is liable for any reproduction, imitation or use, whether total or partial, of these distinctive marks without express authorisation and infringing the prohibitions provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

The other distinctive marks, in particular the corporate names, trade names, signs, domain names reproduced on the Site are the property of ALAIN AFFLELOU FRANCHISEUR or of third parties, and any reproduction not expressly authorised may constitute unlawful appropriation for which the perpetrator is liable in accordance with Article 1382 of the Civil Code.

LINKS

For the hyperlinks which ALAIN AFFLELOU FRANCHISEUR has placed on the Site to link to other websites, in particular to the websites of its partners, prior written authorisation has been obtained from the operator of the target website.

ALAIN AFFLELOU FRANCHISEUR cannot be held liable for any hyperlinks proposed to third-party websites as regards their access conditions and their contents.

Users of the Site cannot establish hyperlinks to this Site without prior written authorisation by ALAIN AFFLELOU FRANCHISEUR.

Such authorisation can in no case be tantamount to an implicit affiliation agreement.

SECURITY

The Site is an automated data processing system. Any fraudulent access to it is prohibited and is a punishable offence.

In accordance with the highest professional standards, ALAIN AFFLELOU FRANCHISEUR makes every effort to secure access to the Site, bearing in mind the complex nature of the internet. It cannot guarantee absolute security.

The user declares to accept the characteristics and limitations of the internet.

The user acknowledges to know the nature of the internet network and, in particular, its technical performance and response time to consult, search or transfer information.

The user must inform ALAIN AFFLELOU FRANCHISEUR of any fault he/she detects on the Site.

The user is aware that data circulating on the internet are not necessarily protected, in particular against possible misuse.

The user undertakes to take all appropriate measures to protect his/her own data and/or software against contamination by possible viruses on the internet network.

LEGISLATION APPLICABLE – DISPUTE

This Site is governed by French law.

Any dispute about the scope, existence, validity, interpretation and application of these general terms and conditions of use shall be settled amicably between the parties or, failing this, by the competent courts.

The user is informed that he/she may in any case have recourse to extrajudicial mediation, in particular through the consumer mediation service (Service de Médiation pour le consommateur) or through the existing sectoral mediation bodies or any alternative mode to settle disputes (e.g. conciliation) in the event of a dispute arising.

AMENDMENT

ALAIN AFFLELOU FRANCHISEUR reserves the right to amend, at any time and without notice, the contents of these general terms and conditions of use.

Accordingly, the user is advised to consult them at regular intervals.
Latest update: 24/04/2020