Standard Terms of Sale

Product purchases made on the Solaris-sunglass.com website are subject to the present Standard Terms of Sale and Use of the Solaris-sunglass.com website.

It is important to read carefully the present Standard Terms of Sale and Use of the Solaris-sunglass.com website; the conditions laid out therein terms apply to all purchases made on the Solaris-sunglass.com.  website

Orders placed on the Solaris-sunglass.com website are reserved for private or for corporate consumers; goods ordered are not for resale. Resale or distribution of the products purchased on the Solaris-sunglass.com website is strictly prohibited. SOLARIS reserves the right to update the present Standard Terms of Sale and Use, which may be consulted at any time in the Standard Terms of Sale tab. 

1. ORDER 

1.1 Methods 

The Solaris-sunglass.com website permits on-line ordering from France (including Corsica and the French Overseas Territories and Departments), from the Principality of Monaco, Italy, Spain, Portugal and the United Kingdom (hereafter referred to as the delivery area) of a range of  products selected from stores in the Solaris chain. 

All orders placed on the Solaris-sunglass.com website require accurate and comprehensive information to be provided concerning marital status, family name, given name, telephone number, electronic address and billing and delivery addresses. An acknowledgement of order receipt will be forwarded by electronic mail. Customers may create an account in order to memorise billing and delivery information for the purposes of future orders. Customers will be requested to create their own password for future use of the said account. 

Customers shall be personally liable for keeping said ID information confidential and they undertake not to communicate it to third parties. In application of article L134-2 of Consumer Law, when the order corresponds to an amount that is greater than or equal to one hundred and twenty (120) Euros, SOLARIS shall keep written evidence of the contract concluded between SOLARIS and the customer for the period from the date of conclusion of the contract until the date of delivery of the goods and for a period of ten (10) years from the latter date (in line with decree 2005-137 of 16th February 2005). Customers have right of access to said document at any time subject to application to SOLARIS and justification of identity.  SOLARIS reserves the right to cancel or reject any order from a customer with whom there is a dispute relating to a previous order or if SOLARIS  reasonably considers that the customer has breached the present Standard Terms of Sale and Use or if he/she is involved in fraudulent activity or for any other legitimate reason.

Moreover, as part of its action to counter on-line fraud, SOLARIS is entitled to reject or cancel an order. The customer may know the status of the order by consulting his/her customer profile. Placement of an order implies acceptance of the present Standard Terms of Sale and Use, the prices and description of the products available for sale on the Solaris-sunglass.com website.  

The products ordered shall remain the property of Solaris until full receipt of payment by SOLARIS. The customer, however, is liable for all risks, including the risk of loss, theft or damage of the products delivered as for the effective delivery date.

 1.2  Payment fraud 

Solaris is entitled to employ all technical methods provided by its on-line payment platform partner to counter any fraudulent act. The purpose of said initiatives is to protect the commercial profitability of the website and to defend the customer from fraudulent acts relating to payment methods.  

On the date of implementation of the solaris-sunglass.com website, the 3D-Securesystem offered by Be2Bill shall be applicable to the on-line payment platform.

1.3 Payment default 

In the event of payment default of any sum at the required date, all moneys shall be payable and the penalty clause may be applied.

1.4 Cancellation clause  

The sale shall be rightfully cancelled if, 48 hours after a summons, issued by registered letter with acknowledgement of receipt requested, remains without effect where a late payment deadline has been reached. The sale shall be rightfully cancelled without any formality in the event of insolvency proceedings or bankruptcy. The penalty clause shall be applied in the event of the cancellation clause being implemented.

1.5 Penalty clause  

If payment is not received by the due date, and in application of the penalty clause, the defaulting purchaser shall, in addition to the purchase price, pay a fixed penalty of €150. This sum payable under the terms of the present penalty clause shall remain in the hands of SOLARIS, without any justification of any prejudice being required. The present penalty clause shall be automatically applicable in the event of the above cancellation clause being invoked. 

2. AVAILABILITY 

The goods and prices as announced on the Solaris-sunglass.com website shall be valid within the limits of available stocks. In order to provide optimum quality of service and availability of the products for all Solaris-sunglass.com website customers, SOLARIS reserves the right to limit the quantity of products purchased by a single customer, in line with the provisions applicable, specifically the provisions of Article L122-1 of  French Consumer Law. 

In this context, information regarding product availability shall be provided to the customer on finalisation of the order. As this information is be provided directly by the suppliers, it is possible for mistakes or changes to be made on an exceptional basis. In the event of a product being found to be unavailable once an order is placed, the customer shall be advised by email on receipt of the information from the supplier. The customer's order shall, in this case, be automatically cancelled and the customer reimbursed if his/her account has already been debited. 

3. PRICE - METHODS OF PAYMENT 

Prices are expressed in Euros, including tax, but excluding carriage. The total value of the order including delivery costs depending on the option chosen (see article 6), shall be validated by the customer prior to payment. SOLARIS reserves the right to change its prices at any time and without notice. Prices quoted on the Solaris-sunglass.com website are valid for purchases made on the Solaris-sunglass.com website only. They are not, under any circumstances, applicable in the Solaris stores in France or abroad (or vice-versa).    

The customer shall pay for his/her purchases upon order placement by one of the following means:- bank cards accepted: Carte Bleue®, MasterCard®, Visa®, American Express®,  Solaris gift cards. The order will only be dispatched after a check has been carried out on the method of payment and on receipt of authorisation to debit the card. The goods will only be dispatched after receipt of payment by Solaris-sunglass.com. 

4. DELIVERY 

4.1. Delivery times 

If an order is placed before 11.00 am (except for bank holidays, Saturdays and Sundays), it will be processed the same day during working days.  For orders placed after 11.00 am (except for bank holidays, Saturdays and Sundays), the delivery time shall be calculated as from the next working day. For all orders placed on a Saturday, Sunday or on a bank holiday, the delivery times shall commence as from the next working day. Delivery times are as follows: 

DESTINATION

COLISSIMO

CHRONOPOST

GLS

Mainland France

72 hours / €6

48 hours / €15

 

DOM (French Overseas Departments)

5 days / €12

 

 

TOM (French Overseas Territories)

 

3 days / €30

 

United Kingdom

 

 

48 hours – 72 hours / €15

Italy

 

 

48 hours – 72 hours / €15

Spain

 

 

48 hours – 72 hours / €15

Portugal

 

 

48 hours – 72 hours / €15

 The above times are indicative and are fully dependent on the carrier; they in no way engage the liability of SOLARIS.

4.2. Delivery costs

The customer shall choose the method of delivery as part of the ordering process. Delivery costs are calculated as a function of the delivery methods and the country of destination as selected by the customer and shall be payable by the customer in addition to the price of the goods. 

For deliveries within (mainland) France and per item delivered:-

- Colissimo = 6 EUR

- Chronopost = 15 EUR  

For deliveries to French Overseas Departments and per item delivered:-

- Colissimo = 12 EUR 

For deliveries to French Overseas Territories and per item delivered:-

- Chronopost = 30 EUR  

Deliveries to the United Kingdom, Italy, Spain and Portugal: 15 EUR. 

The customer may choose delivery to the billing address or to an address other than the billing address. 

5. WARRANTY 

5.1. Customer's right to change his/her mind  ("Cooling-off  period")

5.1.1. French consumers  

The customer has a period of thirty (30) days from delivery of the ordered goods during which he/she is entitled to return the product bought from SOLARIS.  Said right may be applicable to all or part of the order but the goods must be returned together with all their accessories.  The products must be returned in their original condition and with the original packaging (or, failing this, protected by foam padding in a RIGID container), with all accessories together with the purchase invoice or a copy thereof in the case of a partial return, and all written documentation, plus the duly completed goods-return form. Items returned incomplete, damaged, broken, used or soiled cannot be accepted and shall not be reimbursed. 

In the event of goods being returned, the transport costs of an initial return are payable by SOLARIS for mainland France (one return per year per customer with the same name and same address); the transport costs of further returns are payable by the customer. For the first return, the customer must contact the Customer Relations department by email, having completed the required form, or by telephone. SOLARIS will forward to the customer a Colissimo transport label to be stuck to the parcel to be dispatched from the nearest post office.  

SOLARIS is legally bound to reimburse amounts paid by the customer for goods that are returned, with the exception of any contributions to delivery charges. SOLARIS is legally bound to provide reimbursement within a maximum period of thirty (30) days from receipt of the returned goods.  Reimbursement may be by credit to the account bearing the bank card used for payment, by postal order or cheque payable to the customer. Prior to returning the goods, the customer must contact the Customer Service department either my email (having completed the required form) or by telephone. The Customer Relations department will inform the customer of the procedure to be followed. In general, the Customer Relations department will forward by email a confirmation slip that the customer must print and include in the parcel containing the goods to be returned. On receipt of the goods by SOLARIS and following inspection, an email will be sent confirming acceptance of the goods returned.  

In the event of the goods being returned incomplete, damaged, broken, used or soiled, the Customer Relations department will contact the customer to outline the facts and will send back to the customer the goods in question, which will not be reimbursed by SOLARIS.  Items purchased on the Solaris-sunglass.com website may only be exchanged or returned under the terms specified in the present article and may not be reimbursed or exchanged in any of the SOLARIS stores. 

The customer's right to change his/her mind may relate to all or part of an order, but the goods concerned must be returned together with all accessories. Should a customer exercise this right, the goods must be returned in the original packaging (or, failing this, protected by foam padding and placed in a RIGID container), in a perfect condition, with all accessories and any documentation, with the duly-completed goods-return slip. Items returned incomplete, damaged, broken, used or soiled will not be accepted.

In the event of goods being returned incomplete, damaged, broken, used or soiled, the Customer Relations department will contact the customer to outline the facts and will send back the goods in question, which will not be reimbursed by SOLARIS SAS. In the event of returned goods, SOLARIS SAS will only reimburse payments made by the customer (with the exception of contributions to transport costs), if all conditions for reimbursement have been satisfied. Reimbursement by SOLARIS is due within a maximum period of thirty (30) days from receipt of the goods, providing that all conditions for reimbursement have been met. 

The reimbursement shall be by credit to the account bearing the bank card used for payment of the goods. Items purchased on the Solaris-sunglass.com website may only be exchanged or returned under the terms specified in the present article and may not be reimbursed or exchanged in any of the Solaris stores. Procedure to be followed: contact the Customer Relations department by email - complete the goods-return slip. On receipt of the confirmation by email from the Customer Relations department to the customer, the customer must print said return authorisation confirmation and include it in the parcel containing the goods to be returned. On receipt of the goods by SOLARIS, a confirmatory email will be forwarded to the customer by the Customer Relations department.  

 

Italy

Spain

Portugal

United Kingdom

Procedure to be followed: Contact the Customer Service department by email - complete the return slip - wait for confirmation from the Customer Service department - print off confirmatory slip and include it in the parcel containing goods to be returned. Following receipt of the goods, confirmation will be sent by email to the customer by the Customer relations department.

Follow the indicated procedure and forward a registered letter (within 48 hours) of contacting the Customer relations department

Follow the indicated procedure and forward a registered letter in parallel to the Customer Relations department

Follow the indicated procedure

Follow the indicated procedure

Customer's right to change his mind 

10 days from receipt of order

14 days from receipt of order 

7 days from receipt of order

7 days from receipt of order

Cost of return payable by:

Customer 

Customer 

Customer 

Customer 

5. 2.  Damage during transport  

In the event of damage occurring during transport, the customer shall refuse delivery of said damaged goods and write "refused due to transport damage" on the signature sheet. Signature by the customer of the delivery receipt note, without any precise reservations corresponds to acceptance of the goods whereby the customer acknowledges that the goods have been received in a satisfactory condition. In this case, no claims concerning the condition of the goods delivered are admissible.

5.3. Statutory latent defect warranty: 

SOLARIS may not, under any circumstances, be held liable for any indirect damage, specific or ancillary incidents, specifically, but not limited to loss of business, loss of profit or opportunity resulting from the purchase of the goods on the Solaris-sunglass.com website.  Goods sold on the Solaris-sunglass.com website are subject to the statutory warranty as specified in articles L 211-4, L 211-5 and L 211-12 of Consumer Law, and in articles 1641 and 1648 of Civil Law: article 1648 of Civil Law.

The vendor is bound by the warranty with respect to latent defects of the goods sold, whereby they are unfit for intended use or their use is reduced to such a degree that the purchaser would not have acquired them or would only have paid a lesser price, had he/she been aware of such defects. Article 1648 of Civil Law. Legal proceedings by the purchaser for latent defects shall be brought within two years from the date of detection of said defect.

As provided by article 1642-1, proceedings shall be brought, under penalty of lapse of rights, during the year after the date at which the vendor may be discharged for apparent defects. Article L211-4 of Consumer Law. The vendor is bound to provide goods that are in compliance with the contract and is liable for any conformity deficiencies existing at the time of delivery. He shall also be also liable for non-conformities resulting from the packaging, fitting instructions or installation, insofar his responsibility in this respect is specified in the contract or where it produced under his responsibility. Article L211-5 of Consumer Law. In order to comply with the requirements of the contract, the goods shall:

1° Be fit for the purpose normally expected for such an article and, where applicable, correspond to the description provided by the vendor and possess all the qualities presented to the purchaser in the form of samples or models; present the qualities that a consumer may legitimately expect, given the public statements made by the vendor, the producer or his representatives, specifically as part of advertising material or labelling.

2° Or present characteristics as defined by common accord between the parties or be fit for any specific use required by the purchaser that has been brought to the knowledge of and accepted by the vendor. Article L211-12 of Consumer Law.  The period of limitation for proceedings brought for non-compliance is two (2) years from delivery of the goods.

6. SIGNATURE AND PROOF   

Any website user who does not have a customer reference number shall complete the registration procedure in order to obtain one. This number is personal. SOLARIS shall make every effort to protect personal data by providing a high level of security. The customer also has a role to play in protecting his/her own personal data. More specifically, the customer must ensure that on-line transactions remain secure, for example, by never communicating his/her customer reference number or password to any other party and by changing his/her password at regular intervals.  

Provision by the customer of a banker's card number and final validation of the order constitute proof his/her acceptance of the order and render the sums due and corresponding to the goods indicated on the order form, to be payable. Electronic registers, archived in the computer systems of SOLARIS and its partners shall be deemed to be proof of communication, orders and payments made between the parties. 

7. LIABILITY   

7.1 Legal capacity

By using the Solaris-sunglass.com website, the customer acknowledges that he/she is resident of France, Italy, Spain, Portugal or the United Kingdom and that he or she has the legal capacity to conclude contracts under law, more specifically sales contracts. SOLARIS shall not under any circumstances be liable for the legal capacity of its website visitors and customers. Consequently, in the event of a party not possessing full legal capacity to order items on the SOLARIS website, those legally responsible (parents, guardians, etc.) shall be fully responsible for any order and shall be liable to honour payment. 

7.2 Limited liability 

The liability of SOLARIS SAS may not be engaged in the event of failure to perform its obligations as a result of an unforeseeable and unavoidable third party act or a force majeure event, as defined in French case law or any other event that cannot reasonably be deemed to be under its sole control.  The information accessible on the Solaris-sunglass.com site is provided "as is" without any form of guarantee, implicit or explicit, relating to the accuracy, validity, authenticity, reliability or comprehensiveness of information, products, accessories or services described in the Solaris.com website or their suitability for the customer's intended use.

SOLARIS shall not be held liable for items sold on the Solaris-sunglass.com website, more specifically in the event of con-compliance with instructions for use. Nor may the liability of SOLARIS be engaged for any damage caused by the customer of a third party consecutive to non-compliant usage.

CONSEQUENTLY, SOLARIS DECLINES ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGE, FORESEEABLE OR NOT, CAUSED WHEN USING THE SOLARIS-SUNGLASS.COM WEBSITE AND/OR WHEN PLACING AN ORDER AND/OR USE OF A PRODUCT BOUGHT ON THE SOLARIS-SUNGLASS.COM WEBSITE.  

Whatever the case, assuming an exceptional situation where the liability of SOLARIS may be established and upheld, liability shall be limited to the value of the order paid by the customer to SOLARIS.  SOLARIS does not in any case claim that the Solaris-sunglass.com website or the products, accessories or services sold on said website are compliant with applicable legislation. Access to the Solaris-sunglass.com website, to the products, accessories or services may be contrary to the law in certain countries. A customer outside France who accesses the Solaris-sunglass.com website and/or places orders on the Solaris-sunglass.com website does so at his own risk and peril. The customer alone is responsible for complying with the legislation in force and applicable to him/her. Any claims by the user against SOLARIS shall be formulated within six (6) months of the event that is the source of the claim.

8. PERSONAL DATA 

SOLARIS gathers data on the customer. The customer shall be informed that this automatic data processing; more specifically, handling of user email addresses is declared to the CNIL (French data protection authority). Data gathered via the Solaris-sunglass.com website may be transmitted to partner companies for the purposes of customer order processing.  

In accordance with the French Civil Liberties Act of 6th January 1978, the customer has the right to access, correct and oppose all personal data at any time, by writing to Solaris - Customer Relations department, Bâtiment Eole, 1 rue Jean-Pierre Timbaud, CS 30729, 78060 SAINT QUENTIN EN YVELINES CEDEX.  SOLARIS shall make effort to ensure the confidentiality of the data transmitted via internet. For this purpose, Solaris-sunglass.com uses a secure payment module hosted by a partner and member of a GIE, be2bill (brand of the Rentaliweb group). The purpose, the addressees and the conditions in which SOLARIS gathers and processes personal data are presented in the Standard Terms of Sale and Use. 

9. CHANGES  

SOLARIS reserves the right to alter and update the Standard Terms of Sale and Use without notice. We recommend referring to the Standard Terms of Sale and Use at regular intervals to be informed of any changes.  Use of the Solaris-sunglass.com website is subject to the Standard Terms of Sale and Use at the moment of use.

10. INTEGRALITY

In the event of one of the clauses of the present Standard Terms of Sale and Use being rendered null and void as a result of a change in legislation, regulation or by a decision of the law, this shall not affect the validity of and requirement to comply with all other conditions outlined in the present Standard Terms of Sale and Use. 

11. TERM 

The present conditions apply for the entire time the products offered by SOLARIS are on line until the end of the contractual and legal warranty periods.

In all cases, the liability clause shall continue after the Standard Terms of Sale and Use have lapsed. 

12. GOVERNING LAW, COURT JURISDICTION 

The present Standard Terms of Sale and Use are governed by and shall be interpreted in accordance with French law, without regard for the principles of conflicts of law. The present Standard Terms of Sale and Use shall not prevent application of the provision of public policy in the European Regulation whereby a customer may place an order provided he/she is legitimately domiciled. The present Standard Terms of Sale and Use are drafted in the French language.

The present provisions take precedence over any other standard, national or international texts, including the Hague Convention of 15th June 1955 relating to the international Sale of Goods Act.  In the event of any dispute arising in the performance or interpretation of the present Standard Terms of Sale and Use, the court of Paris alone shall be competent, to the exclusion of any other court or jurisdiction that may be deemed to be competent, notably, by the Brussels Convention of 27/09/1968 or by ruling 44/2001 of 22/12/2000. This assignment of jurisdiction is valid even in the event of several defendants or in the case of claims under warranty, even for emergency procedures, summary procedures or procedures by petition. SOLARIS reserves the right to apply for and obtain injunctions or orders to defend its rights under the terms of the present document.