Preamble

Effective date: 01/03/2019

Last modified: 06/02/2020

ARTICLE 1 - Purpose

These general conditions of sale apply without restriction or reservations to all online sales offered by eyelights on the website www.eye-lights.com (hereinafter: "the Site").

The Site is an e-commerce platform, which allows Internet users (hereinafter: "Buyers") to acquire a head-up display device, offered for sale on the Site, as well as its accessories (hereinafter: "the Device").

The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Device, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of the page of the Site.

The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to him with his order confirmation.

These general conditions of sale prevail over any other general or special conditions not expressly approved by EYELIGHTS.

They may be supplemented if necessary by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.

ARTICLE 2 - Identity of the seller and contact

The Site is operated by the company EYELIGHTS, SAS, registered with the RCS of Toulouse under number 819 514 118, whose registered office is located at 308 Allée du lac, lake park - ZAC de l'Hers, 31670 LABEGE (hereinafter: "EYELIGHTS"), which offers the Device for sale.

EYELIGHTS can be contacted at the following coordinates, in particular for any complaint: Postal address: 308 Allée du lac, lake park - ZAC de l'Hers, 31670 LABEGE

Phone: +33 644 645 843

Email: customercare@eye-lights.com

ARTICLE 3 - Legal capacity and acceptance of the general conditions

3.1 Legal capacity

The Site is accessible

To any natural person with full legal capacity to undertake under these general conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.

To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

3.2 Acceptance of the general conditions

The acceptance of these general conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these terms and conditions must not place an order on the Site.

ARTICLE 4 - Characteristics of the Device

Before any online order and in application in particular of the provisions of Article L111-1 of the Consumer Code, the Buyer may read, on the Site, the characteristics of the Device he wishes to order.

The Device is offered for sale online within the limits of available stocks.

The photographs and descriptions of the Device offered for sale online are as accurate as possible. They only bind EYELIGHTS for what is precisely indicated.

ARTICLE 5 - Control of the Device

5.1 Placing an order

To place an order, the Buyer must select the Device of his choice and place it in his basket.

He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.

The order is deemed received by EYELIGHTS when EYELIGHTS has received the validation of the payment made by the Buyer.

As part of his order, the Buyer is invited to provide his contact details for delivery and billing purposes. He must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.

The Buyer guarantees that all the information he gives in the order form is accurate, up-to-date and sincere and is not tainted by any misleading character.

He is informed and accepts that this information is proof of his identity and binds him as soon as it is validated.

No modification, suspension or cancellation of an order is enforceable against EYELIGHTS from the validation of the order by the Buyer. Any modification of an order subsequent to its validation by the Buyer requires the prior written consent of EYELIGHTS. EYELIGHTS reserves the right to revise the price and the deadlines initially proposed accordingly.

5.2 Order confirmation

After payment of the order, the Buyer receives by email a confirmation of it which summarizes the elements of the order and includes links allowing him to:

- Download his invoice,

- Download the general conditions of sale

- access the tracking of the delivery of his order on the EYELIGHTS website when it has been shipped.

The Buyer must ensure that the contact details provided during his order are correct and that they allow him to receive the confirmation email of his order. In the absence of receipt of the latter, the Buyer must contact EYELIGHTS at the contact details mentioned in Article 2.

EYELIGHTS recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed received by the Buyer when he can access it.

ARTICLE 6 - Price and method of payment

6.1 Prices

The selling prices of the Device are displayed on the Site.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

EYELIGHTS reserves the right, at its own discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

The prices do not include any delivery costs applicable to the delivery of the Device, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.

In case of delivery outside France, the Buyer undertakes to carry out all the necessary formalities and declarations to the authorities and administrations of the country concerned, and to pay all taxes, customs duties or any other sum of any kind whatsoever that would be required of him for the import of the Device in the country.

EYELIGHTS cannot be held responsible in the event of failure by the Buyer in the performance of its obligations and which would result in a failure to deliver the Ordered Device.

The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.

6.2 Terms of payment

The full price of the Device is due at the time of ordering.

Payment can be made online:

by credit card, through the secure online payment service indicated on the Site,

by PayPal,

... or by any other means that will be offered on the Site at the time of the order.

The Buyer guarantees eyelights that he has the necessary authorizations to use the chosen payment method.

EYELIGHTS reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

6.3 Invoicing

Purchase invoices will be sent to the Buyer by any useful means, including by email.

6.4 Retention of title

EYELIGHTS retains full ownership of the Device sold until full receipt of the price, including delivery costs.

ARTICLE 7 - Delivery

Buyers are expressly informed that the Site only offers delivery of the Device to the following countries:

Afghanistan

South Africa

Albania

Algeria

Germany

Andorra

Angola

Anguilla C.B.

Ancient

Saudi Arabia

Argentina

Armenia

Aruba

Australia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belgium

Belize

Bermuda

Bhutan

Belarus

Burma (Myanmar)

Bolivia

Bosnia and Herzegovina

Botswana

Brunei

Bulgaria

Burkina Faso

Burundi

Benin

Cambodia

Cameroon

Canada

Cape Verde Islands

Central African Republic

Chile

China

Cyprus

Colombia

Comoros

Congo

Congo (Rep.D.)

Cook Islands

North Korea

South Korea

Costa Rica

Croatia

Cuba

Curaçao

Ivory Coast

Denmark

Djibouti

Dominican (Rep))

Dominica Island

Egypt

El Salvador

United Arab Emirates

Ecuador

Eritrea

Spain

Estonia

USA

Ethiopia

Feroé Islands

Fiji Islands

Finland

Gabon

Gambia

Ghana

Gibraltar

Great Britain

Greece

Grenada Island

Greenland

Guadeloupe

Guam Island

Guatemala

Guernsey

Guinea Bissau

Equatorial Guinea

Guinea Republic

Guyana

French Guiana

Georgia

Haiti

Honduras

Hong Kong

Hungary

Indonesia

Iraq

Iran

Ireland

Iceland

Israel

Italy

Jamaica

Japan

Jersey

Jordan

Kazakhstan

Kenya

Kyrgyzstan

Kiribati (Rep))

Kosovo

Kuwait

Laos

Lesotho

Latvia

Lebanon

Libya

Liberia

Liechtenstein

Lithuania

Luxembourg

Macao

North Macedonia

Madagascar

Malaysia

Malawi

Maldives

Mali

Painted

Morocco

Marshall Island

Martinique

Mauritius Island

Mauritania

Mayotte Island

Mexico

Micronesia, Federated States of

Moldova

Mongolia

Montserrat

Montenegro

Mozambique

1. Marianne Islands

Namibia

Nauru

Nicaragua

Niger

Nigeria

Niue Island

New Caledonia

New Zealand

Norway

Nepal

Oman

Uganda

Uzbekistan

Pakistan

Palau

Panama

Papua Guinea

Paraguay

Netherlands

Philippines

Poland

Polynesia

Puerto Rico

Portugal

Peru

Qatar

Romania

Rwanda

Meeting

Sainte Hélène

Solomon Islands

Samoa

American Samoa

San Marino

Sao Tome and Principe

Serbia

Seychelles

Sierra Leone

Singapore

Slovakia (Rep)

Slovenia

Somalia

Sudan

Sri Lanka

St Barthélémy

St Martin

St Vincent

You're Lucie

Sud Soudan

Switzerland

Suriname

Sweden

Syria

Senegal

Tajikistan

Tanzania

Taiwan

Chad

Czech (Rep)

Thailand

East Timor

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkmenistan

Turkey

Tuvalu

Ukraine

Uruguay

Vanuatu

Vatican

Virgin UK Islands

US Virgin Islands

Vietnam

Venezuela

Yemen

Zambia

Zimbabwe

The delivery of the Device ordered on the Site will be made to the address indicated when the Buyer ordered as the "delivery address" (which may be different from the billing address), provided that it is located in the territory of possible delivery for the Device concerned.

7.2 Delivery methods

The delivery of the Device ordered on the Site is made to the address indicated at the time of the Buyer's order as "delivery address" (which may be different from the billing address), which can only be located in one of the countries referred to in Article 7.1.

The Buyer is informed before the validation of his order of the possible delivery methods for the Ordered Device as well as the deadlines and costs corresponding to each of these modes.

The Buyer must select the desired delivery method and give all the information necessary for the actual delivery of the Device according to this mode.

7.3 Delivery times

Delivery is made within the time limit indicated on the product page of the Site. In view of the large number of orders, the product "EyeRide" will be delivered before the end of April. The delivery time may not exceed 6 months, it being specified that the delivery time indicated on the product page may vary depending on the Device.

In the absence of delivery within the above period, the Buyer may terminate the order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered EYELIGHTS, according to the same terms, to make the delivery within a reasonable additional time, it has not been executed within this period.

The contract is considered terminated upon receipt by EYELIGHTS of the letter or writing informing it of this termination, unless it has been performed in the meantime.

In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all sums paid, including delivery costs, at the latest within 14 (fourteen) days of the date on which the contract has been terminated.

EYELIGHTS reserves the right in any case to approach the Buyer in order to offer him alternative solutions for refunding the price of the Device and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative method of refund.

7.4 Receipt of delivery

Upon delivery of the order, if the Buyer considers that the Delivered Device is defective, defective or non-compliant, it will be up to him to refuse delivery, or to send eyelights or the carrier, reasoned reservations describing the failure or non-conformity of the order.

ARTICLE 8 - Right of withdrawal

The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Device ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay.

The Buyer who wishes to exercise his right of withdrawal must send EYELIGHTS at the contact details mentioned in Article 2 hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing his desire to withdraw and including his order number.

The Device, being understood as the device and its accessories, must imperatively be returned to EYELIGHTS, in perfect working order and in its original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his will to withdraw. It must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in case of deterioration of the Device upon his return to EYELIGHTS.

The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by EYELIGHTS of the request for withdrawal of all the sums paid for his order, minus if necessary the return costs, which remain the responsibility of the Buyer, and a possible discount in case of deterioration of the Device or if it is not returned in its original packaging. However, EYELIGHTS reserves the right to defer this refund until the actual recovery of the Device.

ARTICLE 9 - Legal guarantees

The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the thing sold, including defects of conformity resulting from the packaging of the Device ordered on the Site.

If the Buyer finds that the Device delivered to him has a defect, a lack of conformity or is damaged, he must inform EYELIGHTS at the contact details mentioned in Article 2 here of the present, indicating the nature of the defect, non-conformity or damage found and sending him any useful proof, in particular in the form of photograph(s).

EYELIGHTS will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. EYELIGHTS will bear the costs of this return.

The Device must be returned to EYELIGHTS in its original packaging and with all its accessories. It must be accompanied by a copy of the corresponding purchase invoice.

Returns from the Device that do not comply with the terms described above will not be taken into account.

EYELIGHTS will carry out the necessary checks and will propose to the Buyer the replacement of the Device as far as possible. If the replacement of the Device is impossible, EYELIGHTS will reimburse the Buyer for the full price paid for the Device and the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days of the date on which EYELIGHTS has informed him of the impossibility of replacing the Device.

It is recalled that, when acting as a legal guarantee of conformity, any consumer:has a period of two years from the delivery of the property to act;may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following their delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

ARTICLE 10 - Obligation of buyers

Buyers are solely responsible for the use they make of the Device. It is their responsibility to verify the suitability of the Device for their specific needs prior to the purchase of the Device.

Finally, it is up to the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.

ARTICLE 11 - Liability of EYELIGHTS

11.1. EYELIGHTS undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, EYELIGHTS reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, EYELIGHTS cannot be held responsible for any difficulties or temporary impossibilities of access to the Site that have their origin in circumstances that are external to it, force majeure, or that are due to disruptions of telecommunications networks.

11.2. EYELIGHTS does not provide the Buyer with any guarantee as to the adaptation of the Device to his needs, expectations or constraints.

11.3. EYELIGHTS cannot be held liable for non-performance or delay in the execution of sales contracts due to external circumstances or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.

11.4. In any event, the liability that may be incurred by EYELIGHTS hereof is expressly limited to proven direct damage suffered by the Buyers, with the exception of damage resulting from misuse of the Device by the Buyer, or from an adaptation or modification carried out at the sole initiative of the Buyer.

ARTICLE 12 - Intellectual Property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc ...) operated by EYELIGHTS within the Site and the Device in all its components are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of EYELIGHTS are strictly prohibited and may be subject to legal proceedings.

ARTICLE 13 - Personal data

EYELIGHTS practices a personal data protection policy whose characteristics are explained in the document entitled "Charter on the protection of personal data", of which the Buyer is expressly invited to read.

ARTICLE 14 - Advertising

EYELIGHTS reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions of which EYELIGHTS will be the sole judge.

ARTICLE 15 - Links and third-party sites

EYELIGHTS can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would access through the Site.

EYELIGHTS assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications which are governed by their own terms of use.

EYELIGHTS is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including its possible partners) to which the Buyer is directed through the Site and can in no way be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, the warranties, representations and other obligations of any kind to which such third parties are bound.

ARTICLE 16 - Prohibited conduct

16.1.1 Are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into eyelights' systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of EYELIGHTS or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the laws and regulations in force.

16.2. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.

16.3. In the event of a breach of any of the provisions of this article or more generally, violations of laws and regulations, EYELIGHTS reserves the right to take all appropriate measures and to take any legal action.

ARTICLE 17 - Modifications

EYELIGHTS reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.

ARTICLE 18 - Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or provision.

ARTICLE 19 - Mediation

The Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present that would oppose him to EYELIGHTS, under the conditions provided for in Articles L611-1 and following and R152-1 and following of the Consumer Code.

For this purpose, he may contact the following consumer mediator:

European Mediation Platform

Postal address: Directorate-General for Justice and Consumers - European Commission - 1049 Brussels/Brussel - Belgium

Phone: +32 2 299 11 11

Email: https://ec.europa.eu/consumers/odr/main/index.cfm

In the event of a complaint made by a European consumer, who has not found an amicable solution with EYELIGHTS customer service, said consumer may use the European platform for the settlement of consumer law disputes accessible at the url above.

ARTICLE 20 - Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the Buyer may seize either one of the courts territorially competent under the Code of Civil Procedure, or the court of the place where he resided at the time of the conclusion of the present or the occurrence of the harmful event. »

ANNEX

Please complete and return this form only if you wish to withdraw from the contract.

Attn: EYELIGHTS

Address : 308 Allée du lac, lake park - ZAC de l'Hers, 31670 LABEGE

Phone: +33 644 645 843

Email : customercare@eye-lights.com 

I hereby notify you of my withdrawal from the contract for the sale of the property below:

Order number:

Ordered on (*) / received on (*)

Name of buyer(s):

Address of the buyer(s):

Signature of the buyer(s):

(only in case of notification of this form on paper)

Date :

(*) Cross out the unnecessary mention.

DHL RU TERMS & CONDITIONS

These Terms & Conditions are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.

1. Terms used herein:

Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.

Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.

Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.

Shipper means a legal entity, normally an online store that handed Express Shipments over to the Express Carrier for delivery.

Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.

2. T&C Subject Matter

2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).

2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.

3. DHL Express Network Terms and Conditions of Carriage

3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below:

Deliveries and Undeliverables

Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper.

Inspection

DHL has the right to open and inspect Shipments without notice.

Liability

EyeLights insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.

Delayed Shipments and Money-Back Guarantee

DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays.

Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.

Circumstances Beyond DHL’s Control

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.

International Conventions

If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage.

Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.

4. Customs Operations Terms & Conditions

4.1. Customs Broker:

4.1.1 may performs customs declaration of Express Shipments;

4.1.2. may pay customs and other fees, including interest and penalty, in respect of the goods declared by the Customs Broker in the name and on behalf of the Consignee in accordance with the procedure established in the applicable laws;

4.1.3. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;

4.1.4. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.

4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request. All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.

4.3.The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost

4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.

5. Liability of the Parties

5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.

5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.

5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.

6. Service Fees and Payment for Customs Operations:

6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.

6.2. The Consignee must pay for the Customs Broker’s services.

6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.

7. General Provisions

7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.

EYELIGHTS MOTORCYCLE TERMS AND CONDITIONS

Preamble

These General Terms and Conditions define the rules and conditions of use of the Products sold by EYELIGHTS and are concluded between the User and the company EYELIGHTS, a simplified joint-stock company, with a capital of € 148,233, registered under number 819 514 118 at the RCS of TOULOUSE, having its registered office at 201 rue Pierre et Marie Curie in LABEGE (31670) represented by Mr. Romain DUFLOT (hereinafter referred to as "EYELIGHTS"), who has for activity the design, manufacture and sale of head-up accessories for motorcycle helmets.

EYELIGHTS and the User are hereinafter individually referred to as a "Party" and together the "Parties".

Any use of the Products implies automatic acceptance without reservation of the entirety of these General Conditions.

The acceptance of these by the User is materialized by the fact that the User ticks the box attached to the mention "I have read the General Conditionsof use and I adhere to it without reservation. (Read the Terms and Conditions of Use) "when placing his Order or when communicating the activation code of the product by email.

This approach is equivalent for the User to acknowledge that he has taken full knowledge and that he approves, without exception or reservation, all the general conditions indicated below.

ARTICLE 1 - Definitions

"Application" means the mobile application developed by EYELIGHTS in computer formats that can be used on the Internet, including data of various kinds, including texts, sounds, still or animated images, videos, databases, intended for consultation by users of the Application available on mobile phones equipped with IOS 10.1 or later operating systems and Android OS 4.4 or later versions.

"Optical Module" means the head-up display of the Product, which projects navigation information into the User's field of view.

"Installation" means the assembly and configuration by the User of the Product sold by EYELIGHTS.

"Delivery" means the delivery to the User or to a third party or carrier designated by the latter, of the Product sold by EYELIGHTS.

"Bluetooth Kit" means the Bluetooth kit of the Product, consisting of an audio input (microphone) and an audio output (headphones), which enable mobile phone communications supporting A2DP* and HFP* profiles (warranted for a range limited to ten (10) meters).

* Mobile phones that do not support the Bluetooth profile may prevent the User from using the dialing and call rejection features.

"Product" means the head-up accessories for motorcycle helmets sold by EYELIGHTS and used by the User. The Product is not a toy.

"Control Unit" means the voice command of the Product, which allows various functionalities related to GPS satellite navigation and telephone calls.

"User" means any natural person, having the legal capacity to contract and using Products sold by EYELIGHTS.

"Use" means the use and use by the User of the Product sold by EYELIGHTS.

"Mobile Phone" means the User's mobile phone on which the Application is downloaded and the Product connected via Bluetooth.

ARTICLE 2 - Delivery of the product

"Application" means the mobile application developed by EYELIGHTS in computer formats that can be used on the Internet, including data of various kinds, including texts, sounds, still or animated images, videos, databases, intended for consultation by users of the Application available on mobile phones equipped with IOS 10.1 or later operating systems and Android OS 4.4 or later versions.

"Optical Module" means the head-up display of the Product, which projects navigation information into the User's field of view.

"Installation" means the assembly and configuration by the User of the Product sold by EYELIGHTS.

"Delivery" means the delivery to the User or to a third party or carrier designated by the latter, of the Product sold by EYELIGHTS.

"Bluetooth Kit" means the Bluetooth kit of the Product, consisting of an audio input (microphone) and an audio output (headphones), which enable mobile phone communications supporting A2DP* and HFP* profiles (warranted for a range limited to ten (10) meters).

* Mobile phones that do not support the Bluetooth profile may prevent the User from using the dialing and call rejection features.

"Product" means the head-up accessories for motorcycle helmets sold by EYELIGHTS and used by the User. The Product is not a toy.

"Control Unit" means the voice command of the Product, which allows various functionalities related to GPS satellite navigation and telephone calls.

"User" means any natural person, having the legal capacity to contract and using Products sold by EYELIGHTS.

"Use" means the use and use by the User of the Product sold by EYELIGHTS.

"Mobile Phone" means the User's mobile phone on which the Application is downloaded and the Product connected via Bluetooth.

ARTICLE 3 - Prerequisites

3.1. The User acknowledges that the Product needs to be connected via Bluetooth to a Mobile Phone on which the Application has been downloaded and equipped with a GPS satellite chip and an Internet connection.

3.2. The Product only works with the Application, no other mobile application is compatible with it. EYELIGHTS excludes any liability in caseuse of another mobile application with the Product.

3.3. The Use of the Application requires an Internet connection of the Mobile Phone, which may result in overbilling depending on the User's offer and operator (for more information, the User can consult his mobile operator). EYELIGHTS will under no circumstances cover any roaming charges or additional costs related to the Internet connection.

3.4. The User declares to have read all the technical characteristics and various prerequisites regarding the download of the Application, its use, the connections with the Product, and more generally the use of the Product.

3.5. As such, the User declares to know the Internet, its characteristics and limitations and acknowledges in particular:

- that data transmissions over the Internet enjoy only relative technical reliability, as they circulate on heterogeneous networks with various technical characteristics and capacities which are sometimes saturated at certain times of the day;

- that the Users of the Products are likely to be located in all places around the world;

- that the data circulating on the Internet are not protected against possible misappropriation and that thus the communication of any information tosensitive nature is carried out by the User at his own risk.

3.6. The Product does not improve the User's vision in any way. As such, the User may not use the Product in case of visual impairment.

IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with vision correction devices.

ARTICLE 4 - Loading, reloading and maintenance of the product

IMPORTANT: EYELIGHTS excludes any liability in case of loading, reloading or maintenance of the Product not in accordance with the instructions below dshoring. As such, the User undertakes to comply with all the instructions herein concerning the loading, reloading or maintenance of the Product.

4.1. Loading and reloading the Product

4.1.1. For the purpose of charging/recharging the Product, the User must: - Connect the wall charger to the charging connector of the Control Unit

(located on the side);

- Check that the LED of the Control Unit emits an orange light.

IMPORTANT: The User must not use a charger other than that provided by EYELIGHTS at the risk of damaging the Product. Conversely, the charger of the Product can only be used for the Products supplied by EYELIGHTS.

4.1.2. Before any use, the User must check the full charge of the Control Unit, corresponding to approximately three (3) hours of charging (the orange LED turns green as soon as the charge is full).

4.1.3. The battery life is given by EYELIGHTS as an indication and will depend on the Use of each User.

4.2. Product Care

4.2.1. The User must maintain the Product with dry cleaning, such as wipes used to clean glasses.

4.2.2. As the Product is not waterproof, the User must not immerse it.

4.2.3. Similarly, as weather conditions affect the Product, the User must not expose it to excessively low or excessively high temperatures.

IMPORTANT: No acid, acetone or corrosive products may be used on the Products without damaging them.

ARTICLE 5 - Installation of products

IMPORTANT: EYELIGHTS excludes any liability in case of Installation of the Product not in accordance with the instructions and steps detailed below. As such,

the User undertakes to comply with all the instructions herein concerning the Installation of the Product.

IMPORTANT: The User must not install the Control Unit, the Bluetooth Kit, the Optical Module, as well as the supports on areas other than those expressly indicated below.

IMPORTANT: The User must not drill, paste or open the Product. Likewise, it must not cut, tear, wind or tie the wires and cables of the Product.

IMPORTANT: The User acknowledges that uninstalling the Product could result in damage to the motorcycle helmet on which it was installed. To thisTitle, EYELIGHTS can not be held responsible in the event of such deterioration.

IMPORTANT: The User acknowledges that the use of adhesive systems different from those provided by EYELIGHTS could lead to the fall and damage of the different elements of the Product.

5.1. First step: Installation of the Control Unit

5.1.1.For the purpose of Installing the Control Unit, the User must remove the protective film from the adhesive located on the back of the Control Unit.

5.1.2. Then, the User must affix the Control Unit to the right outside of the motorcycle helmet (clutch side) by arrwearing the audio jacks towards the back of the helmet and the charging jack downwards.

IMPORTANT: The LED located on the Control Unit has different colors and frequency of ignitions, each corresponding to a particular situation:

- orange: loaded;

- flashing orange: disconnection problem;

- Red: low battery;

- flashing red: product error, (The User must restart the Product, if the problem persists, the User must contact EYELIGHTS;

- green: full charge;

- blue: in operation;

- flashing blue: no Bluetooth connection;

- white: update.

5.2. Step Two: Install the Bluetooth Kit

5.2.1. For the purpose of Installing the Bluetooth Kit, the User must remove the inner foams of the motorcycle helmet and then remove the white adhesive parts located on each earpiece.

5.2.2. Then, the User must affix the headphones directly to the inner shell (polystyrene) of the headphones. Most helmets have housing designed to accommodate this type of equipment with slight spaces dug into the inner shell of the helmet.

5.2.3. Finally, the User must run the wires along the inner shell of the headphones and then insert the audio jacks in the intended slots of the Control Unit and marked with the logos "headphones" and "headphones". The earphone with the shortest cable should be glued to the right of the motorcycle headset, on the plug-in side.

IMPORTANT: The User must leave the internal foams disassembled for the next steps.

IMPORTANT: The User must not use a Bluetooth kit other than that provided by EYELIGHTS at the risk of damaging the Product. Conversely, the Bluetooth Kit can only be used for Products supplied by EYELIGHTS.

IMPORTANT: Repeated use of the High Volume Bluetooth Kit may impair the User's hearing.

IMPORTANT: As the Bluetooth Kit is not waterproof, the User acknowledges that he will not be able to use it in any way in case of degraded weather.

IMPORTANT: EYELIGHTS does not guarantee the accuracy of the information disseminated by audio.

5.3. Step Three: Choice and Installation of Media

5.3.1.The Product comes with five (5) brackets of different thicknesses. Each helmet having a different shape, the holder must be adapted to the model of motorcycle helmet of the User in order to best adjust the Optical Module.

5.3.2. A non-exhaustive list of correspondences is provided for information purposes below

:- Schubert helmet – supportsn°3 or n°4 :

the Schubert C3 ;

- Miscellaneous brands – media n°1 or n°2:

the Schubert M1 ;

the AGV K5S ;

o Arai QV Pro ;

the Arai RX7V ;

o HJC RPHA11 ;

o HJC IS17 ;

o HJC RPHA70 ;

o Shark speed air ;

the Shark skwal ;

o Shark Spartan ;

o Shark evo-one ;

the Shoei NXR ;

the Shoei J-cruise;

o Shoei GT-AIR ;

the Shoei Neotec ;

- If necessary and depending on the morphologies, the support n ° 5 can be added if the Optical Module is positioned too high (to be added only after the sixth step).

IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with all motorcycle helmets on the market.

5.3.3. The brackets shall be installed to the left of the motorcycle helmet (clutch side). There are two scenarios:

- The helmet has a retractable solar visor:

o The tabs are to be slipped into the space where the sunscreen retracts. The screen remains mobile and the Installation is safe for the sunscreen.

- The helmet does not have a solar visor:

o The tabs are to be inserted between the protective foams and the plastic cap. IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with the use of tinted visors.

5.4. Step Four: Connect via Bluetooth

5.4.1. For the purpose of connection via Bluetooth, the User must turn on his Mobile Phone and check that the Bluetooth function is activated.

5.4.2. Then, the User must turn on the Control Unit by pressing five (5) seconds on the "power" button, a blue LED lights up when it is in operation.

5.4.3. The User must also search for Bluetooth devices in his Mobile Phone by following the instructions displayed on said Mobile Phone(The User can consult the user guide of his Mobile Phone for more information).

5.4.4. After a few seconds, the phone will list "EYELIGHTS" as the discovered device. The User must select it and follow the instructions of his Mobile Phone to accept the pairing.

5.5. Step Five: Installation of the Optical Module

5.5.1. For the purpose of Installing the Optical Module, the User must click on the "test view" link, a red square will appear in the prism of the Optical Module.

5.5.2. To carry out this test, the User must put on the motorcycle helmet on his head and take into account that during the riding phase the head is generally tilted forward.

5.5.3. The Optical Module is adapted to the User's vision and morphology when he sees the four sides of the red square. The Optical Module shall notin no way interfere with the User's vision.

5.5.4. During the test, the User can change the support if necessary or add the support n°5 if necessary.

5.5.5. The Optical Module must be located approximately at the height of the User's eyebrow. The junction between the Optical Module and the support is done with a Dual Lock fixing kit, in order to be able to reposition the Optical Module at will.

5.5.6. For the purpose of Installing the Optical Module, the User must remove the protective film and then glue the Optical Module on the support.

5.5.7. Two (2) pre-cut Dual Lock mounting kits are provided, if the chosen bracket is not suitable and the User decides to change it, he must use the second Dual Lock mounting kit without taking off the first one from the bracket.

IMPORTANT: The translucent cube of the Optical Module is a fragile part. As such, the Optical Module should never be manipulated by the translucent cube, but only by holding the plastic part.

IMPORTANT:The Product is used with a closed visor.

ARTICLE 6 - Use of products

IMPORTANT: EYELIGHTS excludes any liability in the event of Use of the Product that does not comply with the instructions detailed below. As such, the User undertakes to comply with all the instructions herein concerning the Use of the Product.

IMPORTANT: EYELIGHTS excludes any liability in case of Use of the Product for an activity other than motorcycling.

IMPORTANT: EYELIGHTS excludes any liability in case of handling of the Product by the User during the operation of his motorcycle.

IMPORTANT: Excessive use of the Product at high brightness may impair the User's eyesight.

6.1.Before using the Product, the User must always check that:

- all connections are well made;

- the rubber stopper protecting the charging connector is hermetically sealed.

6.2. In order to access all the functionalities of the Product (including geolocation), the User must activate the Internet connection of his Phonemobile, as well as the location settings of his Mobile Phone.

6.3. The Product is designed solely for use in moderately rainy or snowy atmospheric conditions. As such, the User may not use the Product in case of degraded weather.

6.4. The Product once installed is adapted to the vision of a single User and his morphology. As such, EYELIGHTS excludes any liability in the event of Use of the Product by any other user.

6.5. The User undertakes not to use flaws, computer bugs or any other form of error to obtain advantages in the use of the Product and/or the Application. Similarly, the User undertakes to immediately notify EYELIGHTS when he notices a flaw or error on the Product and/or the Application.

6.6. The User undertakes not to use the Product and/or the Application in a way that may render it inaccessible, damage it or prevent it from functioning.

ARTICLE 7 - License relating to the use of the product

EYELIGHTS grants Users a license limited to the use of the Product, for exclusively private and personal Use, non-collective and notExclusive. Under no circumstances are Users authorized to modify all or part of the Product without the prior written permission of EYELIGHTS. This license does not in any way allow Users to make any commercial use of all or part of the Product.

ARTICLE 8 - Liability

Article 8.1. Responsibility of the User

8.1.1. The User is responsible for the payment of any fees or expenses related to the Use of the Product, the Application and the Mobile Phone, including feescharged by the ISP for network usage and data sharing.

8.1.2. When using the Product, the User is solely responsible for the use he makes of it and the content he communicates. As such, he is responsible in particular: - for the content produced by him through his Account, and in particular for the respect of good morals of said content;

- its adequacy with laws and regulations, in particular with regard to the protection of minors, the repression of the glorification of crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, including incitement to violence against women, as well as attacks on human dignity and respect for the human person, and

- respect for the rights of third parties, particularly in terms of intellectual property.

Article 8.2. Responsibility of EYELIGHTS

8.2.1. EYELIGHTS reserves the right to suspend access to the Application in whole or in part without notice, in particular to carry out any correction, update or maintenance operation. EYELIGHTS can in no way be held responsible for any damage and/or loss that may result for the User.

8.2.2. EYELIGHTS is not responsible if any malfunction of the Application, beyond its control, prevents in particular the use of the Product.

8.2.3. EYELIGHTS shall not be liable for any damage suffered or caused by the use of the Product, whether material or immaterial, consequential or non-consequential. As such, it is the User's responsibility to take all appropriate measures to protect his own data and software from contamination by possible computer viruses.

8.2.4.EYELIGHTS is exclusively responsible for the content only produced by it and integrated into the Application, the Product and its functionalities.

8.2.5.EYELIGHTS is solely responsible for the content only produced by it and integrated into the Application, the Product and its functionalities.

8.2.6. EYELIGHTS cannot be held responsible for a malfunction of the Product if it turns out that the origin of the problem is related to a defective Mobile Phone of the User.

8.2.7. EYELIGHTS excludes any liability in the event of adaptation, modification or repair carried out by the User. As such, any adaptation, modification or repair must only be carried out by the after-sales service of EYELIGHTS.

ARTICLE 9 - Intellectual property

9.1.All intellectual property rights and other rights related to the Product and the Application, including copyrights, trademarks, designs,rights in the databases, as well as any other intellectual property or other rights, are and remain the exclusive property of EYELIGHTS and, for thelicensed technologies, their authors and/or owners.

9.2. In accordance with and within the limits of the provisions of Article L.342-1 of the Intellectual Property Code, EYELIGHTS prohibits the extraction or reuse of all or part of the content of the Product and the Application.

9.3. The User acknowledges the existence of these property and intellectual property rights, and will not take any action to infringe, limit orrestrict in any way the ownership or rights of EYELIGHTS with respect to the Product and/or Application.

9.4. If the User wishes to use in another context, and/or disseminate data, information and/or content of the Product and/or the Application, he must first make a written request to the address of the registered office of EYELIGHTS.

9.5. The User agrees not to use the Product and/or the Application for commercial purposes, not to rent, lend, sell, publish, offer a license or sub-license, distribute, assign or transfer in any way all or part of the Product and/or the Application to any third party without the express, written and prior authorization of EYELIGHTS which may condition it to a financial consideration.

ARTICLE 10 - General provisions

10.1. EYELIGHTS may modify these General Terms and Conditions at any time, in particular to comply with a legal provision. The User will be informed of the changes made via the Application.

10.2. If any of the stipulations of these General Terms and Conditions, or part of them, are found to be void under a regulation, a law in force or following a judicial decision that has become final, it will be deemed unwritten, but will not result in the nullity of the General Terms and Conditions as a whole, nor that of the clause only partially concerned

10.3.. The fact that one or the other of the Parties has not required, temporarily or definitively, the application of a stipulation of these General Conditions does not requiremay be considered a waiver of the rights held by that Party.

ARTICLE 11 - Applicable law and dispute resolution

11.1. These General Terms and Conditions, as well as all contractual relations that may result from them, are subject to French law.

11.2. In the event that a dispute arises between the User and EYELIGHTS, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before initiating any legal action.

11.3. In the event that a dispute arises between the Parties, the User has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and EYELIGHTS. As such, EYELIGHTS guarantees the User the effective use of a consumer mediation device.

11.4. The Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of these terms and conditions that would oppose him to EYELIGHTS, under the conditions provided for in Articles L611-1 and following and R152-1 and following of the Consumer Code.

For this purpose, he may contact the following consumer mediator:

European Mediation Platform

Postal address: Directorate-General for Justice and Consumers - European Commission - 1049 Brussels/Brussel - Belgium

Phone: +32 2 299 11 11

Email: https://ec.europa.eu/consumers/odr/main/index.cfm

In the event of a complaint, possibly made by a European consumer, who has not found a

Amicable solution with eyelights customer service, said consumer may use the European platform for the settlement of consumer law disputes accessible at the url above.

11.5. The Parties agree that the dispute may not be examined by the consumer mediator when:

- the User does not justify having attempted, beforehand, to resolve his dispute directly with EYELIGHTS by a written complaint sent by letterrecommended with acknowledgment of receipt to EYELIGHTS within fifteen (15) days from the Delivery of the Product;

- the request is manifestly unfounded or abusive;

- the dispute has previously been or is being examined by another mediator or by a court;

- the User has submitted the request to the mediator within a period of more than one (1) year from his written complaint to EYELIGHTS;

- the dispute does not fall within the scope of the mediator's competence.