Preamble

These general conditions of sale apply between:

K-EYES , a simplified joint stock company with capital of 10,000 euros. Registered with the RCS of Fréjus under SIREN number 979 923 240, whose registered office is located at ZI Les Ferrières, Rue du Liège in Le Muy (83490) represented by Mrs. Christelle SCHEURER as President,

Telephone: +33 4 94 45 29 70

Email: contact[at]k-eyes.com

Hereinafter referred to as “K-EYES”

And

Any natural person acting in an individual capacity or as a representative of a legal entity visiting or making, via the website www.k-eyes.com owned by K-EYES, a purchase of products from the website www.k-eyes.com

Hereinafter “Client”

Any order placed on the website www.k-eyes.com requires prior consultation and acceptance of these general conditions.

The site www.k-eyes.com being a distance trading space, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.

The Customer is invited to save and print these general terms and conditions of sale, which are binding between the parties.

The Customer declares that he is of legal age and has full legal capacity to enter into these general terms and conditions and thus enter into contracts under French law.

1 - OBJECT

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the distance selling of goods offered on the website www.k-eyes.com , from placing the order to after-sales services and guarantees, including payment and delivery.

2 - MODIFICATION OF THE GTC

The version of the general terms and conditions of sale applicable to the Internet user is that appearing on the site at the time of validation of the order by the Customer or of their connection to this site.

The different versions of the general conditions of sale are kept by K-EYES.

The general conditions of sale may be modified or deleted at any time by the publisher of the site or its agent.

3 - UNAVAILABILITY OF THE SITE

The website www.k-eyes.com or access to one or more services within the site such as the online sales area may, without notice or compensation, be closed temporarily or permanently, without an Internet user being able to claim any compensation.

4 - PRODUCTS

4.1 Availability

The products offered for sale by K-EYES, namely reading glasses, sunglasses with or without correction, optical frames and various accessories, are those appearing on the website www.k-eyes.com at the time of the Customer's consultation on the website.

The products are offered within the limit of available stocks. Although the stock status is displayed in real time on the website www.k-eyes.com , a product may be missing (inventory error or other). Under these conditions, K-EYES undertakes to inform the Customer as soon as possible after the order.

In this case, K-EYES may, in agreement with the Customer, schedule a new delivery date based on its restocking. In the absence of agreement or in the event of the inability to have the product ordered, K-EYES will reimburse the sums paid by the Customer within a maximum period of 10 days, without the latter being able to claim any compensation.

4.2 Information and guarantees

The greatest care is taken in putting online, prior to placing the order, information relating in particular to the essential characteristics of the products put on sale, the payment and delivery methods. However, minimal variations in the representation of the product and not relating to the essential characteristics may be present. These variations may in no case engage the contractual liability of K-EYES.

An online reading test is made available to the Customer on each product sheet concerning the "reading glasses" category, during the stage prior to placing an order. This test is not intended to replace an ophthalmological examination and cannot engage the responsibility of K-EYES for inappropriate use by the Customer.

The information posted online on the site www.k-eyes.com does not in any way exempt the Customer from taking note of any other information attached to the product or appearing on the product or its packaging (description, precautions for use, cleaning conditions, etc.).

A damaged or modified product must not be used (significant scratches, etc.).

4.3 Use of goods

The Customer undertakes to use the products in accordance with their intended purpose and to comply with the product instructions for proper use of the latter.

K-EYES cannot be held responsible for the misuse of the products, particularly for use other than that intended.

5 - PRICE

The prices relating to the order of products are indicated on the K-EYES website dedicated to this purpose.

Prices are displayed in euros and in prices excluding VAT (VAT 20%) or including VAT depending on the countries of origin of the Internet users and their customer group, professional or private. The mention excluding VAT or including VAT is referred to in the order summary.

These prices do not include, unless otherwise stated, shipping costs, which will be indicated in addition to the price during the ordering stage and before the Customer confirms his order.

When confirming the Customer's order by email, delivery costs may be added to the price of the products. They are calculated as follows: the price is calculated according to the country and the weight and/or amount of the order.

The Customer must pay, under his own responsibility, any other tax, customs or import duty specific to the country of delivery.

Product prices do not include communication costs related to the use of the online sales service, which remain the responsibility of the Customer.

K-EYES reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the rates in effect at the time the order is registered.

6 - ORDER

6.1 Order taking

In order to place an order, the Customer may select one or more items and add them to their basket. The process of selecting reading glasses includes an additional step, the selection of the diopter, necessary for the validation of the order.

Order taking includes the following steps:

- Step 1: fill your basket.

- Step 2: the information provided by the Customer when opening their Customer account or when placing each order must be complete, accurate and up to date. Failing this, K-EYES will not be able to execute the orders. If the Customer does not wish to provide such information, K-EYES will not be able to respond favorably to their order.

- Step 3: consultation of the general conditions of sale.

- Step 4: acceptance of all the general conditions of sale by checking the box “I accept the general conditions of sale”.

- Step 5: Validate the order by clicking on the “Validate my order” button.

The Customer receives a summary of receipt of his order by e-mail.

Any order placed by the Customer via the aforementioned steps constitutes irrevocable acceptance of the general conditions.

6.2 Validity of the offer

All orders will be honored within the limits of available stocks.

The geographical area covered by the offer and delivery is the entire world with the exception of countries subject to a trade embargo or subject to special provisions regarding customs regulations.

Any credit and/or discount code cannot be combined with promotional operations. Similarly, multiple discount codes cannot be combined on the same order.

All items in the Low Price category and those on sale during Sales and Black Friday periods are returned and refundable (excluding shipping costs) but not exchangeable. In the event of a product defect upon receipt, the Customer must contact Customer Service by clicking here so that a solution can be provided.

6.3 Confirmation of the order

In accordance with applicable regulations, contractual information will be confirmed in due course and at the latest at the time of delivery, by e-mail to the address indicated by the Customer on the order form.

This confirmation email will include the following information:

- identification of the order number;

- the description of the products;

- the total amount of the order (price and shipping costs);

- a reminder of the conditions for securing payment.

It is the Client's responsibility to keep the contractual information on the medium of their choice.

K-EYES reserves the right not to confirm the order, particularly in the event of refusal of payment authorization, incorrect address or any other problem with the user's account. In this case, K-EYES will inform the Customer by email.

The order only becomes final after:

- payment of the full price by the Customer;

- verification of the availability of the product by K-EYES as soon as possible after sending the email acknowledging receipt of said order to the Customer.

For placing orders, business hours are Monday to Friday, 8 a.m. to 5 p.m. (French time).

The order can be cancelled within 5 minutes of order confirmation and only during business hours by sending an email to Customer Service by clicking here . Any order recorded cannot be modified.

7 - PAYMENT

7.1 Payment methods

Payment is made online by credit card, PayPal, Stripe or Alma. The invoice is available upon request by clicking here .

The order is only final when it has been confirmed by the payment of the price by the buyer. Any unpaid order will be automatically cancelled.

For credit card payments made on its site, K-EYES uses Stripe's 3D Secure secure payment service. All information transmitted from the site www.k-eyes.com to the payment system is systematically encrypted to ensure its confidentiality.

7.2 Default of payment

In the event of non-payment of the price not justified by a legitimate reason, K-EYES is entitled to claim late payment interest calculated on the basis of the legal rate in force increased by three points applicable from the due date of payment.

In the event of contentious recovery (recovery agency, lawyer or bailiff) and after a simple letter, K-EYES's claims against professionals will be increased by 40 euros as a fixed recovery indemnity, without prejudice to a claim for these actual costs.

7.3 Reservation of ownership

The delivered product remains the property of K-EYES until full and effective payment of the price by the Customer. Failure to pay may result in the product being claimed by K-EYES.

The transfer of risks of loss or deterioration to the Customer takes place on the date of delivery of the product, i.e. receipt of the product by the Customer.

8 - DELIVERY CONDITIONS AND TIMES

8.1 Delivery times

The products ordered by the Customer will be delivered within a maximum of 15 days from the order confirmation and payment.

In the event of unavailability of the product, K-EYES undertakes to inform the Customer as soon as possible so that the Customer can be reimbursed without delay and at the latest within 30 days of payment of the sums paid.

In the event of a foreseeable extension of the delivery time, K-EYES undertakes to inform the Customer as soon as possible so that the latter can then choose to maintain or cancel all or part of the order.

K-EYES cannot be held liable for the consequences of any events beyond its control, in particular cases of force majeure or unforeseeable circumstances, which tend to delay or prevent delivery of the product ordered.

In the event of non-compliance with the deadline mentioned plus 7 days, the Customer may cancel his order by sending a registered letter with acknowledgement of receipt to the head office address indicated at the top of these general terms and conditions. The cancellation will only be taken into account by K-EYES if the shipment or delivery has not taken place between the sending and receipt of said letter. The Customer will be reimbursed at the latest within 14 days following receipt of the registered letter by K-EYES.

K-EYES reserves the right to choose the carrier and guarantees the correct delivery of the products.

8.2 Delivery control

Delivery of the order is made to the address indicated by the Customer.

K-EYES guarantees the conformity of the product delivered to the essential characteristics described on the site www.k-eyes.com and this for use in accordance with its intended purpose.

The Customer is required to check the condition of the packaging and the conformity of the product delivered, and to issue any reservations on the carrier's delivery note, if necessary.

In case of:

- Apparent defect

The Customer undertakes to check the conformity of the product to his order upon delivery. Any delivery error in relation to the order or apparent defect must be the subject of a complaint, within 14 clear days from delivery. After this period, the product will be deemed to have been received by the Customer, who will no longer be able to claim a delivery error or an apparent defect. After agreement by both parties, the refund will be made within 14 days or the product will be returned within 30 days.

Once the manufacturing defect is confirmed, the return of the product or the refund of the product will be made within 14 days. This is only valid in the event of a manufacturing defect, and not in the event of poor maintenance of the products.

- Damage and partial losses

In accordance with Article L 133-3 of the French Commercial Code, receipt of transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest.

Complaints relating to the transport of products must therefore be noted on the transport document, then confirmed to the carrier and the publisher by registered letter with acknowledgement of receipt within three clear days from receipt of the products, failing which reservations and complaints will be forfeited.

- Return to sender

In the event that the Customer has made an error in providing their postal address, has refused the package or has not collected it - at the end of the period initially announced by the sender - from their Post Office within 15 days following the postman's visit and the package is therefore returned to sender, the Customer must contact Customer Service by clicking here .

Two solutions will be proposed to him:

1) The Customer wishes to receive the order again and provides K-EYES with an exact and complete address. The reshipping costs are the responsibility of the Customer;

2) The Customer may also request a refund of their order, however the return costs and other taxes will remain their responsibility.

For foreign customers outside Europe, K-EYES reserves the right to request reimbursement of shipping costs and customs taxes incurred in the event of the package being returned to its premises, in addition to reimbursement of the initial shipping costs.

8.3 Carrier

The choice of carrier belongs to K-EYES. The packages are oversized and protected.

9 – WARRANTY

9.1 Guarantee against hidden defects

K-EYES is required to comply with the legal guarantee against hidden defects, within the meaning of Article 1641 of the Civil Code, which states: "the seller is required to provide a guarantee against hidden defects in the item which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, if he had known of them."

In all cases, K-EYES cannot be held responsible for the improper use of the product by the Customer, normal wear and tear of the product, or lack of maintenance.

9.2 Non-compliance

In the event of non-conformity of the delivered product, the Customer must inform K-EYES Customer Service by clicking here , clearly recording the non-conformity noted.

In accordance with article 1648 of the Civil Code, the Customer has 2 years from the day he takes possession of the product to implement the guarantee of conformity.

9.3.1 If the defect appears within 6 months of purchase

If the product defect appears within 6 months of purchase, it is presumed to exist on the day of purchase.

9.3.2 If the defect appears more than 6 months after purchase

If the defect appears more than 6 months after purchase, the Customer can only benefit from the guarantee of conformity if he provides proof that the defect existed on the day of purchase.

For this purpose, the Customer may present any document likely to attest to the non-conformity of the product.

9.3.3 Taking into account the Client’s request

K-EYES undertakes, in light of the Customer's request, to exchange or refund the product to the Customer, provided that it is returned in its original packaging. In the event of a clear cost difference between the two options, K-EYES will opt for the least expensive solution. In the event of a return due to a defect, K-EYES will refund the shipping costs upon presentation of the corresponding supporting documents and in any event according to the rates in force. The refund is made in proportion to the price of the product over the entire order.

Subject to the Customer's consent, K-EYES may offer a credit note in lieu of an exchange or refund.

The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 11.

11 - RIGHT OF WITHDRAWAL

In application of article L 121-20-1 et seq. of the consumer code, the Customer has a withdrawal period of fourteen days from the date of receipt of the order.

If the Customer exercises this right of withdrawal, the return of the product must be made in its original packaging, in a condition consistent with that initially received, the item must not have been worn or damaged, without excessive handling (scratches on the lenses, absence of significant deterioration of the packaging), at the latest within 14 days from the date of receipt of the order and accompanied by all accessories and possible instructions and an indication of the invoice to which the products relate.

A product that has suffered depreciation following excessive handling (in particular damaged, spoiled, returned incomplete, worn, without labeling, etc.) cannot be taken back or refunded.

Customers will make their return at their own expense and will also be responsible for all customs taxes.

Any item on sale such as Flash Sales, Sales, Black Friday or from the Low Prices section cannot be returned or refunded.

In the event of exercising the right of withdrawal, in accordance with the withdrawal form attached in Appendix 1, the Customer may request reimbursement of his order.

From then on, K-EYES undertakes to reimburse the Customer within a maximum period of 14 days from the actual return of the product. K-EYES reserves the right to choose the method of reimbursement, by transfer (the Customer must then provide his IBAN), by check or by PayPal.

Any return of products must be the subject of a request made to our Customer Service via the contact form or by telephone as specified at the top of this document.

12 - PROTECTION OF PERSONAL DATA

The information requested, in particular via the forms, is necessary for processing the order and will be communicated to the service provider(s) in charge of fulfilling the order, in particular the carrier and/or any competent authority for the settlement of a dispute between K-EYES and a Customer. They may also be used to better understand the Customer and adapt the K-EYES offer to the Customer's needs.

In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the processing of personal information collected on the website has been the subject of a declaration receipt No. 1888262 v 0 to the National Commission for Information Technology and Freedoms (CNIL). The Customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the Customer must send an e-mail to K-EYES Customer Service at the e-mail or postal address indicated at the top of these general conditions.

13 - INTELLECTUAL PROPERTY

The elements belonging to K-EYES, such as the website, brands, games, designs, models, images, sound clips and videos, texts, photos, logo, graphic charter, without this list being exhaustive, are the exclusive property of K-EYES.

These general conditions do not entail any transfer of any kind of intellectual property rights on the elements belonging to K-EYES for the benefit of the Client.

K-EYES grants you a right of access to the site on a non-exclusive, personal, non-transferable basis and for use that complies with the conditions defined herein. Any other use constitutes counterfeiting and is subject to criminal penalties under Intellectual Property law.

The Customer shall not infringe, directly or indirectly, the property rights of K-EYES and shall not exploit in any way whatsoever the names, brands and logos. The Customer undertakes to respect all of K-EYES' rights and shall not create any analogy in the public mind for any purpose whatsoever.

Hypertext links to the home page of the site www.k-eyes.com or any other page must systematically be the subject of a request for authorization and must be removed upon simple request from K-EYES.

Maison K-EYES® has no direct or indirect affiliation with the KLEYES company.

14 - NOTICES RELATING TO THE COLLECTION OF “COOKIES”

In order to allow the Internet user to navigate optimally on the K-EYES website and to improve the functioning of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie is used to store information relating to navigation on the website (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password).

These cookies are intended to be stored on the Internet user's computer for a variable period of time, and may be read and used by the publisher during a subsequent visit by the Internet user to this site. The user has the option to block, modify the storage period, or delete this cookie via the interface of their browser (generally: tools or options / privacy or confidentiality). In such a case, browsing on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents them from using certain services or features provided by the publisher, this malfunction may in no case constitute damage for the Internet user who will not be able to claim any compensation for this reason.

15 - RESPONSIBILITY

K-EYES cannot be held responsible for the non-performance of its obligations due to an unforeseeable event and/or force majeure as generally accepted by French law and courts or for causes beyond its control.

In any event, K-EYES' liability is limited to the price of the product sold unless otherwise required by law.

Furthermore, K-EYES cannot be held liable to the extent permitted by the regulations in force for direct damage, in particular immaterial or indirect damage, which could result from access to the site or from inappropriate use of the products within the meaning of the article "use of products", in particular when these products contain restrictions on use.

It is also recalled that the hypertext links provided on www.k-eyes.com may refer to other sites whose contents remain the sole responsibility of the operators and owners of these sites.

16 – FORCE MAJEURE / FORTUITOUS EVENTS

Expressly, cases of force majeure or unforeseeable circumstances are those usually accepted by the case law of French courts and tribunals.

The performance by K-EYES of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its performance.

K-EYES will inform the Customer of such a fortuitous event or force majeure within 14 days of its occurrence. In the event that this suspension continues beyond a period of 15 days, the Customer will then have the option of canceling the current order, and the Customer will then be reimbursed under the conditions set out above.

17 - COMPLETENESS

In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with the remainder of these general conditions of sale.

18 - DURATION

These conditions apply for the entire duration that the services offered by K-EYES are online.

19 - PROOF

The computerized records, stored on the servers of K-EYES or on those of its hosts, will be considered, unless proven otherwise, as proof of communications, orders and payments between the parties.

20 - APPLICABLE LAW

These conditions are subject to French law. This applies to both substantive and formal rules.

Under no circumstances does K-EYES provide any guarantee of compliance with local legislation that would be applicable when an Internet user accesses the site from another country.

In the event of a dispute, the dispute will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the competent French court for a dispute between K-EYES and a non-professional and of the Commercial Court of Fréjus for a dispute with a professional.

ANNEX 1 WITHDRAWAL FORM

In application of article L 121-20-1 and following the consumer code, the non-professional Customer has a withdrawal period of fourteen days from the date of receipt of the order.

I, the undersigned, Mr/Ms/[to be completed], inform you that I am exercising my right of withdrawal with regard to order no. [to be completed] placed on your website.

I therefore ask you to kindly reimburse the sums paid for this order, except for shipping costs and return costs incurred, within a maximum of 14 days after the actual return of the product ordered.

I also undertake to return the product ordered to you at my expense within 14 days from the date of exercising my right of withdrawal in compliance with the provisions of article 11 of the General Terms and Conditions, namely a product that has not suffered any depreciation.

Done at …..

THE ….

Signature