ARTICLE 1 - SCOPE OF APPLICATION

The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by LAYER AGENCY ("the Seller") with non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("the products") on the mokenvision.com website. In particular, they specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers. The fact for a physical person (or moral), to order on the site mokenvision.com carries adhesion and acceptance full and whole of the present General Conditions of Sale, which is expressly recognized by the Customer, who gives up, in particular, to prevail himself of any contradictory document, which would be inopposable to the Salesman. These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels. The items offered for sale on the present site are sold exclusively to Customers acting for their own personal needs. The Customer is prohibited from trading with the items purchased. Layer Agency reserves the right to refuse to sell its products to any person whose behavior may suggest that he or she could be involved in such activities. The photographs and graphics presented on the mokenvision.com website are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description and specifications of each product in order to know its properties and essential particularities. The choice and purchase of a product is the sole responsibility of the Customer. The Customer declares that he/she has read the present General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure, as well as the general terms and conditions of use of the mokenvision.com website. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date the order is placed. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer. The Customer acknowledges having been informed, prior to the conclusion of the contract, in a clear and comprehensible manner, of the present General Terms and Conditions of Sale under the conditions indicated in article 13.

ARTICLE 2 - PRODUCTS

2.1- mokenvision.com is a website dedicated to the sale of eyewear

2.2- The product offers presented by LAYER AGENCY are valid for the duration of the online publication and subject to available stock. Any complaint by the customer concerning the ordering or delivery of an unavailable item will be considered unfounded.

2.3- All orders must be placed online in accordance with the following procedure: after clicking on the "Add to basket" icon and checking the specifics of the order (color, quantity, price, dimensions, etc.), the customer validates the choice of product(s) selected by clicking.

2.4- All orders become final only after express acceptance of the order by LAYER AGENCY. Acceptance of the order will be evidenced by an acknowledgement of receipt sent to the customer's e-mail address.

2.5- In the event that a product should prove to be unavailable despite or prior to confirmation of the order by LAYER AGENCY, LAYER AGENCY undertakes to inform the Customer by any means of its choice. The latter may modify the order concerning the unavailable product or cancel the order for this product reference, to the exclusion of other products and references ordered. The customer will then be reimbursed by LAYER AGENCY if payment has already been made.

2.6- The Customer accepts that any order placed on a Friday after 12 p.m. or the day before a public holiday after 12 p.m. can only be processed from either Monday or the day after the public holiday.

ARTICLE 4 - DELIVERY

4.1- Delivery is constituted by the transfer to the Customer of physical possession or control of the product, which takes place when the products are handed over to the Customer at the place of delivery indicated on the order form and confirmed by the acknowledgement of receipt of the order.

4.2- The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the delivery times specified when the order is placed. However, these delivery times are given as an indication only; if the products ordered have not been delivered within 20 days of the indicative delivery date (or, in any case, within 30 days of the conclusion of the contract), for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 138-2 and L 138-3 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction. You can download our delivery charges table here.

4.3- The transfer of ownership of the Vendor's products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products. Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the products. Products therefore travel at the Seller's risk.

4.4- The customer must check the condition of the products delivered. They have a period of forty (48) hours from delivery to express, by post or e-mail, any reservations or claims for non-conformity or apparent defects of the products delivered (e.g. damaged package already opened, etc.), with all relevant supporting documents (in particular photos). Once this period has elapsed, and if these formalities have not been complied with, the products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor. The Vendor will reimburse or replace, as soon as possible and at its own expense, any products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 211-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (article 9).

ARTICLE 5 - PRICES

5.1- Prices shown on the site are in euros, inclusive of all taxes and exclusive of shipping and handling costs. The VAT included is the French VAT at the rate in force for the products concerned. Should the VAT rate be modified, these changes may be passed on to the customer without prior notice.

5.2- LAYER AGENCY reserves the right to modify its prices at any time, but products will be invoiced on the basis of the prices in force at the time the order is placed, subject to availability on that date.

5.3- All orders, whatever their origin, are payable in euros.

5.4- Products remain the property of LAYER AGENCY until full payment has been received.

5.5- In the case of delivery to a country outside the E.U., the total amount paid will be exclusive of tax. If any charges (entry fees, VAT, etc.) have to be paid on receipt of your parcel, they will be at your expense. This amount may vary according to the legislation in force in the chosen country of delivery.

ARTICLE 6 - PAYMENT

6.1- All payments are made by credit card; payment by cheque is not authorized without prior agreement from the Vendor, whom the Customer must contact by telephone.

6.2- The Customer definitively and irrevocably validates his order as follows: - he/she validates his/her address, the product ordered and the total price; - he/she provides his/her credit card details; - he/she validates his/her order by clicking on the "Validate" icon; this validation is equivalent to a sale and irrevocably commits the Customer.6.3- To ensure payment security, the mokenvision.com site uses the Paybox secure payment service. This service incorporates the SSL security standard. Confidential data (16-digit credit card number, expiry date and visual cryptogram) are transmitted encrypted directly to the Paybox server, without passing through the physical media of the mokenvision.com server. When the order is validated, the payment request is routed in real time to the Paybox secure remote payment manager. The latter sends an authorization request to the credit card network. The remote payment manager issues an electronic certificate.6.4- For any payment by credit card on the site mokenvision.com, the electronic certificate delivered by the manager of tele-payment will be worth proof of the amount and the date of the transaction, in accordance with the provisions of articles 1316 and following of the French Civil code. In this respect, the date and time of the server will be taken as proof between the parties.6.6- In all cases, validation of the order constitutes signature and express acceptance of all operations carried out on the site.

ARTICLE 7 - BILLING

LAYER AGENCY will send the customer an invoice for the object of the order by e-mail; the present general terms and conditions will be attached to this invoice.

ARTICLE 8 - PERSONAL DATA

During order processing, nominative data may be collected for the purpose of ensuring the proper completion of deliveries, improving the quality of service, possibly communicating information relating to exceptional offers which may be of interest to the Customer, and thus better meeting his expectations. The Customer acknowledges having read and understood this information. In accordance with French law no. 78-17 of January 6, 1978, as amended, the Customer has the right to access and rectify this data at any time. LAYER AGENCY's data processing is subject to regular declaration to the CNIL.

ARTICLE 9 - COMMERCIAL WARRANTIES

9.1- Products marketed by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions: - the legal guarantee of conformity, for products which appear to be defective, damaged or damaged or which do not correspond to the order, - the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use. In order to assert his rights, the Customer must inform the Vendor under the conditions indicated in article 4. Return postage costs will be reimbursed on the basis of receipts (colissimo rate).

9.2- In the event of a defect, the Customer must return the products for examination to the address indicated in article 10, after having obtained the Vendor's prior agreement to the return of the products. Should the Customer return products for any reason whatsoever without such a return notice from the Vendor, the latter may refuse to accept the products. Receipt of the products by LAYER AGENCY shall not constitute recognition of its liability.

9.3- In the event of the existence of a defect or error recognized by LAYER AGENCY, the customer may either exchange the product or obtain a full refund. In the event of a product exchange due to a defect or packaging error, LAYER AGENCY will bear the shipping costs. In the event of a product refund, the refund (including shipping and product return costs) will be made by crediting the Customer's bank account or by cheque, depending on the means of payment used by the Customer when ordering online; refunds for products deemed non-compliant or defective will be made as soon as possible.

9.4- The Vendor shall not be held liable in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, nor in the event of normal wear and tear, accident or force majeure. In any event, the Vendor's warranty is limited to the replacement or reimbursement of products that do not conform or are defective.

9.5- LAYER AGENCY cannot be held responsible for the conditions of connection to the mokenvision.com site, for disturbances in the supply of the service, or for any intrusion or presence of computer viruses. Consequently, the LAYER AGENCY company cannot be held responsible for any problems linked to the use of the Internet network and totally external to the diligence and precautions taken by it.

9.6- LAYER AGENCY shall not be liable for any consequential loss, operating loss, loss of profit, loss of opportunity, damages or expenses arising from the purchase of products.

9.7- Notwithstanding the provisions of these General Terms and Conditions of Sale, LAYER AGENCY shall not be held liable in the event of stock shortage or product unavailability, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, floods, fire and any other event beyond the control of LAYER AGENCY.

9.8- In any event, LAYER AGENCY's warranty shall not exceed the value of the products for which it is liable.

ARTICLE 10 - WITHDRAWAL

You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.The right of withdrawal may be exercised: - online, using the withdrawal form available on the mokenvision.com website, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Vendor, - by unambiguous e-mail, expressing the Customer's wish to withdraw, to the following address: contact@mokenvision.com. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted. Products must be returned in their packaging to the following address: MOKEN VISION - FMS 48 rue des Vanniers 40150 Soorts-Hossegor France The return parcel must be sent by express delivery only (Colissimo suivi, Fedex, UPS, DHL, etc.). The exchange (subject to availability) or refund will be made within (14) days from the date of withdrawal, subject to the correct return of the products to the Vendor under the conditions set out in this article, by credit to the Customer's bank account or by cheque sent to the Customer. Returns for exchange of non-defective items that comply with the online order must be made at the expense of the Customer, who is also responsible for the cost of reshipping the replacement item ordered in exchange; thus, if the Customer wishes to exchange an item, and the replacement item is available, the Vendor will send it to the Customer after the replaced item has been returned and the Customer has paid the cost of shipping the products sent in exchange. If the right of withdrawal is exercised within the aforementioned time limit and the Customer requests a refund, only the price of the product(s) purchased and the delivery costs will be refunded; the Customer will be responsible for the cost of returning the product(s).

ARTICLE 11 - INTELLECTUAL PROPERTY AND COMPETITION

The content of the mokenvision.com site is the property of the Seller and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright. In addition, the Vendor retains all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc. shown on the site. The Customer therefore refrains from reproducing or exploiting said drawings, models, prototypes, etc., without the Vendor's express prior written authorization.

ARTICLE 12 - LANGUAGE - DISPUTES

12.1- The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law. The present General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.

12.2- ALL DISPUTES ARISING FROM THE PURCHASE AND SALE TRANSACTIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND CONSEQUENCES, AND WHICH CANNOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW. The customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 534-7) or with the existing sectorial mediation bodies, the references of which appear on the mokenvision.com website, or to any alternative means of settling disputes in the event of a dispute.

ARTICLE 13 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

Pursuant to the provisions of articles L 121-19 and L. 121-17 of the French Consumer Code, the Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7, and in particular: - the essential characteristics of the product, taking into account the means of communication used and the product concerned; - the price of the products and ancillary costs (delivery, for example); - in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the product; - information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, - information relating to legal and contractual guarantees and their implementation procedures; - information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning products, cancellation procedures and other important contractual conditions.

ARTICLE 14 - LEGAL INFORMATION

LAYER AGENCY, a limited liability company with capital of €5,000, headquartered at 683 av. de Larrigan 40510 SEIGNOSSE, is registered under the number R.C.S. DAX 803 129 766 - TVA intracommunautaire FR 05 803129766 The publication director is CLEMENT LAMBERT. The LAYER AGENCY website is a creation of LAYER AGENCY & WORLDTOWN.CO and is hosted by BlueHost. Intellectual property All elements of the LAYER AGENCY website are and remain the exclusive intellectual property of LAYER AGENCY. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of LAYER AGENCY. LAYER AGENCY accepts no responsibility for the content of sites linked to the mokenvision.com website. Please contact LAYER AGENCY at contact@mokenvision.com for further information. LAYER AGENCY makes no representations or warranties of any kind, express or implied, with respect to this web site or any portion thereof. In no event shall LAYER AGENCY be liable for any direct, indirect or consequential damages whatsoever arising out of or in connection with this website.