Terms and conditions and customer information of Vision Group AG for the online shop under the domain name of discountlens.fr

Supplier and seller

Vision Group AG

Riedwiesenstrasse 23

8305 Dietlikon

SWITZERLAND

Vision Group AG is a public limited company under Swiss law.

Company number: CHE-390.145.890 in the commercial register of the Canton of Zurich

Swiss VAT number: CHE-390.145.890 MWST

Managing Directors: Simon Virlis, Michael Schürpf

Consumers are entitled to initiate a mediation procedure (see ‎§ 17).

Scope and Language of the contract
For all orders you place via this online shop, the following terms and conditions, in their current version at the time of your order, apply exclusively. Deviating conditions apply only if we expressly agree to them.
The only applicable language for the conclusion of the contract is French.
Conclusion of the contract
The products presented in the online shop do not constitute a firm offer to conclude a sales contract. Only your order is legally binding in respect of our entering into a sales contract.
You can select products from the online shop range and group them into a virtual shopping cart using the “Add to cart” button or any similar feature. You can view the contents of your cart at any time by clicking on the “My cart” button, and edit it using the functions provided for the deletion or addition of items. After clicking on the relevant button to proceed to checkout, you will have the option to enter or select your billing address, a delivery address, a payment method, and a shipping method. This information can be previewed and adjusted using the “Edit” function or the proposed options. Here too, you can view your selected items and edit them using the product customisation features. Sending your order via the order button (“Order with obligation to pay” for example) constitutes a firm offer to purchase the items in your cart.
We will send you an automatic confirmation of receipt of your offer by email, containing a summary of your order, which you can print out using your device’s print function. The automatic confirmation of receipt simply confirms that we have received your order and does not constitute acceptance of your offer.
A contract for the sale of goods is only concluded if we expressly declare our acceptance of your offer to purchase (confirmation of order), send you the products without a prior express declaration of acceptance, or request payment for your order once it has been made. If more than one of the options described above is possible, the contract will be deemed to have been concluded when the first of them takes place. Your request will only be accepted when you can expect to receive a response within a reasonable period, excepted in case of advance payments and payments via PayPal, for which the order is accepted as soon as it is received.
Only orders for normal quantities from adult and non-professional end-users will be accepted.
Retention of the text of the contract

The contractual stipulations containing information on the products ordered and/or the services reserved will be sent to you in writing (by email, fax, letter, etc.) after sending your order with these terms and conditions and the cancellation policy. We do not make other data backups.

Consumers’ right of withdrawal

In principle, consumers have a right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy.

Price and terms of payment
All prices indicated in the online shop are total prices including applicable VAT.
Additional delivery and shipping costs are indicated separately in the corresponding product description and on the order form.
Additional costs may exceptionally be incurred for deliveries to countries outside the European Union, and will be charged to the customer. These may, for example, include financial transaction costs (transfer costs, foreign exchange fees, etc.) or import duties or taxes (customs duties or import sales tax).
The payment options will be communicated to you via the online shop. Payment can be made by credit card, PayPal, instant transfer, or on account. We are responsible for choosing the payment methods available in each case.
If you opt for a credit card payment, the invoice amount will be payable upon conclusion of the contract. Credit card payments are processed in co-operation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, Germany, whom we authorise to collect receivables on our behalf. BSPAYONE GmbH deducts the invoiced amount from the credit card account you provide. Your credit card will be charged immediately after placing your order via the online shop. Even if you choose credit card payment via BS PAYONE GmbH, we remain responsible for general customer requests regarding items, delivery times, shipments, returns, complaints, cancellation requests, credit notes, etc.
If you use the payment service provider “PayPal”, your payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal’s terms and conditions, available at www.paypal.com. For this purpose, you will need to have or open a PayPal account.
Delivery and shipping conditions
Delivery takes place in the countries or delivery areas specified in the relevant offer or online shop.
Unless otherwise agreed, products are shipped by post or parcel to the delivery address you provide.
We reserve the right to make partial deliveries when several products are ordered, if this is rational for you. In this case, shipping costs will only be charged once.
The delivery time is specified in the relevant offer or online shop and varies between 3 and 6 days for items in stock.
If delivery cannot be made due to your fault, we will charge all reasonable costs to you. This does not apply to shipping costs if you exercise your right of withdrawal. In the event of the effective exercise of the right of withdrawal, the relevant provision set out in our withdrawal instructions applies to the costs of returning the items.
Retention of title

The product remains our property until full payment is made.

Guarantees (legal guarantee and warranty against hidden defects)

You have rights under the legal guarantee and the warranty against defects. In particular, you are entitled to a legal guarantee, as provided for by the French Consumer Code, and a warranty against hidden defects. Following is additional information on these two types of guarantee.

In the event of the occurrence of a lack of conformity, the consumer has a period of two years from the delivery of the good to make a claim under the legal guarantee of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity and not the date of its occurrence.

When the contract for the sale of a product provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period during which it is supplied. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or digital service and not the date of its occurrence.

The legal guarantee of conformity entails an obligation for the seller to provide any updates that may be necessary to maintain the good’s compliance.

The legal guarantee of conformity gives consumers the right to repair or replace the good within thirty days of their request, free of charge and without major inconvenience to them.

If the good is repaired under the legal guarantee of conformity, the initial guarantee is extended by six months.

If the consumer requests that the good be repaired, but the seller imposes its replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the good’s replacement.

The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract and be reimbursed in full against return of the good, if:

The seller refuses to repair or replace the good;
The good is repaired or replaced after a period of thirty days;
The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the take back costs or the costs of removing the non-compliant good or the costs of installing the repaired or replaced good;
The good is still non-compliant despite the seller’s unsuccessful attempt to render it compliant.

The consumer is also entitled to a reduction in the price of the good or the termination of the contract if the non-compliance is so serious that it justifies immediate reduction of the price or immediate termination of the contract. In this case, the consumer is not required to request the repair or replacement of the good in advance.

The consumer is not entitled to cancel the sale due to minor non-compliance.

Any period during which the good is not available due to repair or replacement shall suspend the remaining warranty until the delivery of the good restored to its original condition.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith hinders the application of the legal guarantee of conformity shall be subject to a civil fine of a maximum of €300,000, which may be increased to 10% of the seller’s average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or a full refund if it is returned.

If you wish to exercise these rights, please contact our customer service department using the details provided in ‎§ 12.

Liability
We are liable without limitation for damages due to wilful misconduct or gross negligence, including those caused by our representatives or agents.
Liability for wrongful harm to the life, physical integrity, or health of a person is also, in all cases, unlimited.
Our liability also applies in the event of a breach by us of a contractual obligation essential to the proper performance of the contract and on the performance of which you, as a customer, must in principle be able to rely (essential contractual obligation). However, our liability for damages is limited to foreseeable and typically occurring damage.
All other liability is excluded. As liability for damages to us is excluded or limited, this provision also applies in respect of the personal liability for damages of our employees, representatives, and agents.
Optional right of return and exchange (commercial guarantee contract)
For spherical contact lenses and/or cleaning products, we grant you an optional right of return for a total of 30 days from receipt of the good. The shipping costs incurred for the return are at your expense. Please note that this extended right of return applies only if the returned products are complete, in their original packaging, and have not been used or damaged. In particular, you must not have written anything on the packaging, for example to indicate which contact lens is “left” or “right”. The adhesive protections must not be removed or damaged. If the conditions described are met, you will be refunded the full purchase price after receipt of the returned good. Unless otherwise agreed, the refund will be made using the same payment method you used at the time of your purchase.
Customer satisfaction is our main goal. Thus, we offer you an optional right of return for a period of one year after product shipping in the event of a change in prescription (new lens parameters). Only the return shipping costs will be borne by you. Exchange is possible for the same product only (replacement of an Air Optix Aqua product with a value of -3.00 by an Air Optix Aqua product with a value of -3.50 for example). Please note that the optional right of exchange only applies if the blister (lens packaging) has not been broken and if it does not concern an exchange of lens type (spheric, toric, multifocal), for example from spheric to toric or multifocal.
Your legal rights - in particular those of guarantee and withdrawal (including the legal guarantee and the warranty against hidden defects, as explained above in Section 9 on guarantees) - remain fully applicable, regardless of the right of return and exchange granted on a commercial basis. Our contact details are provided at the top of the terms and conditions and in the section below.
Customer service

Do not hesitate to contact our customer service for any questions, complaints, or claims. You can contact the service by phone at

0800 945 053 (free number from a French land line) or

by email to [email protected].

We will process your request as soon as possible.

Conversion of vouchers
The free vouchers we issue as part of advertising campaigns for a specified period of validity and which cannot be purchased (hereinafter the “vouchers”) are valid only for the period indicated and can only be converted once as part of an order and per household. Some brands may be excluded from vouchers.
The value of the good must be at least equal to that of the voucher. For administrative reasons, no residual balance may be returned.
Vouchers can only be converted before the end of the ordering process. No subsequent compensation is possible. The available balance of the voucher may not be paid in cash or capitalised.
It is not possible to combine multiple vouchers.
If the available balance of a voucher is not sufficient for the order, the difference can be paid using the payment options offered.
The voucher will not be refunded if some or all of the good is returned.
Data Protection

Information on data protection and your rights can be found in the Privacy Policy.

Specific additional information for the purchase of contact lenses and cleaning products

The following recommendations must be taken into account when purchasing contact lenses:

The contact lens values specified in your order must be consistent with the adjustment data made by an ophthalmologist or optician and must not be more than one year old.
Optimal use of contact lenses requires proper control of their handling and maintenance, and regularly carrying out the necessary vision tests in order to avoid eye damage.
Please read the notices on the risks and side effects of contact lenses and cleaning products. In the event of complication or disturbance caused by the wearing of contact lenses, you must immediately remove them and consult an ophthalmologist or optician.
Applicable law
The law of the Federal Republic of Germany applies to contracts concluded between you and us. The United Nations Convention on Contracts for the International Sale of Goods does not apply. With regard to consumers, this choice of law applies only to the extent that this does not deprive the consumer of the protections provided by the mandatory legal rules of the country in which the consumer has his/her habitual residence. In addition, with regard to consumers, the customer has the right to initiate legal proceedings before the courts of his/her country of habitual residence. For French consumers, the courts of Paris have exclusive jurisdiction.
If the customer is a trader, a legal entity governed by public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relations between the customer and the seller is that of the seller’s registered office.
Alternative dispute resolution methods
For the amicable settlement of consumer disputes, you may contact the mediator to which Vision Group AG has subscribed: AME Conso (Association of European Mediators), located at 197 boulevard Saint-Germain, 75007 PARIS, and whose website is accessible at https://www.mediationconso-ame.com/, where you can fill in a mediation request via the online form.
In addition, the European Commission’s dispute resolution platform is accessible via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a focal point for the out-of-court settlement of disputes arising from online purchases or service contracts involving a consumer.
If the dispute has not been resolved via the European Commission’s online dispute resolution platform, you can contact the European Consumer Centre France, which will help you resolve your dispute at the following link: https://www.europe-consommateurs.eu/en/contact-us.html.
We are neither obliged nor willing to participate in any dispute resolution proceedings before any consumer arbitration body.

Version: June 2024