General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all sales of goods and services concluded between a consumer customer and one of the opti-vue Network’s retail outlets, whether in-store or online (via the website). They exclusively govern the contractual relationship between the parties and take precedence over any conflicting document, unless expressly waived in writing by the Seller.

The Customer is invited to read the GTC carefully before placing any order, and to print or retain a copy. The applicable GTC are those in force on the date of the order.

Applicable law – Competent jurisdiction

These T&Cs are governed by Luxembourg law. In the event of a dispute not resolved amicably, the courts of Luxembourg shall have exclusive jurisdiction, without prejudice to the consumer’s right to bring proceedings before the courts of their place of residence within the European Union.

Article 1 – Definitions

  • Product: any tangible movable property or service offered for sale (glasses, contact lenses, cleaning solutions, hearing or optical medical devices, ).
  • Customer: any natural person acting for non-professional purposes, aged at least 18 years and having legal capacity or being validly
  • Site: the official website of the opti-vue
  • Seller: any opti-vue Network retail outlet or any authorised partner empowered to conclude the sale.

Article 2 – Customer service and amicable dispute resolution

For any questions, complaints or requests for information, the Customer may contact:

  • the shop where the purchase was made,
  • or by post at the address indicated on the sales

In accordance with Luxembourg consumer protection legislation, the Customer may also refer the matter to the European Consumer Centre Luxembourg (www.cecluxembourg.lu) to seek an amicable resolution.

Article 3 – Statutory warranties

The Customer is automatically entitled to:

  • the statutory warranty of conformity, valid for two (2) years from the date of delivery of the goods (Art. 212-3 et seq. of the Consumer Code),
  • the statutory warranty against hidden defects, in accordance with the Luxembourg Civil

In the event of non-conformity or a hidden defect, the Customer may request repair, replacement or a refund, free of charge. These guarantees apply independently of any commercial warranty.

Article 4 – Protection of personal data

The Customer’s personal data is processed in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679).

The data controller is the opti-vue Network. The data is used for the management of orders, warranties and customer relations, and for marketing purposes.

The Customer may exercise their rights (right of access, rectification, erasure, objection, restriction, and data portability) by contacting: rgpd@opti-vue.lu

For further information, the Customer is invited to consult the Privacy Policy available on the Site.

Article 5 – Medical devices and medical advice

Products such as contact lenses, corrective lenses, hearing aids, etc., are regulated medical devices. Their sale is subject to the presentation of a valid medical prescription, except in cases of authorised renewal. The eye test offered by opti-vue is not a substitute for an ophthalmological examination or medical advice.

The Customer is advised to consult a healthcare professional for any decision relating to their visual or hearing health.

Article 6 – Force majeure

The opti-vue Network shall not be held liable for the non-performance of all or part of its obligations in the event of an occurrence constituting force majeure, as defined by Luxembourg law: strike, fire, flood, epidemic, supply disruption, etc.

Article 7 – Order

Any order implies acceptance of the Products’ specifications, their price and the applicable terms and conditions.

The Seller reserves the right to refuse any order in the event of any existing or past dispute relating to payment.

Article 8 – Prices and payment terms

Prices are quoted in euros, inclusive of all taxes, in accordance with the regulations in force in Luxembourg. The applicable price is that quoted at the time of ordering.

Payment may be made:

  • in cash (within legal limits),
  • by credit card or any other method accepted in-store,
  • or, by agreement, in

Payment must be made no later than upon delivery of the product, with the exception of payments made by the CNS for audio equipment, which may be made after delivery of the product.

In the event of non-payment, the balance becomes immediately due and payable. Five (5) days after a formal notice to pay has remained unheeded, the order may be automatically cancelled. Any sums paid shall be retained as damages, without prejudice to the right to the return of the unpaid product in perfect condition.

The Seller retains ownership of the goods until full payment has been made (retention of title clause). Products not subject to a medical prescription (e.g. cleaning products) must be paid for immediately.

Article 9 – Commercial warranty and exclusions

Without prejudice to statutory warranties, opti-vue may offer a complimentary or paid-for commercial warranty for certain equipment, the terms of which are set out at the time of sale.

The commercial warranty covers technical faults and malfunctions not attributable to the Customer. It excludes:

  • damage resulting from improper use or use contrary to the instructions,
  • failure to return the product in the event of a complaint,
  • liquid immersion (corrosion, oxidation),
  • cosmetic damage with no functional impact,
  • consumable parts (tips, filters, ).

In the event of a replacement, the new product will be equivalent or similar; any price difference shall be borne by the Customer.