Mentions Légales Dernière mise à jour : 1er décembre 2017
Conformément aux dispositions de l'article 6 III-1 de la loi n°2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique, nous vous informons que le présent site www.eye-lights.com est la propriété exclusive de la société EYELIGHTS.
Company: EYELIGHTS is a joint-stock company with a capital of 91 685 €, registered under the number 819 514 118 at the RCS of TOULOUSE, having as an intra-community VAT number FR57819514118 and whose head office is located at 425 rue Jean Rostand in LABEGE ( 31670).
Company Contact Information:
Siège social : 201 rue Pierre et Marie Curie, 31670 - Labège
Customer Service: [email protected]
Responsible for publication: Mr. Duflot Romain and Thomas de Saintignon
CNIL declaration: EYELIGHTS performs automated processing of personal data declared at the National Commission of Computing and Liberties (receipt n ° 2117819).
Host: The Website is hosted by OVH, a simplified joint-stock company with a capital of € 10,174,560.00, registered under number 424,761,419 at the RCS of LILLE METROPOLE, having its registered office at 2 RUE KELLERMANN 59100 ROUBAIX and having as telephone number 09.72.10.10.07.
These General Conditions constitute the basis of the commercial relationship between the parties and strictly and in their entirety govern all online sales carried out in France or abroad, by the company EYELIGHTS, Société par Actions Simplifiées, with capital of € 148,233, registered under number 819 514 118 at the RCS of TOULOUSE, having its registered office at 201 rue Pierre and Marie Curie in LABEGE (31670) represented by Mr. Romain DUFLOT and by Mr. Thomas DE SAINTIGNON (hereinafter referred to as "EYELIGHTS "), Which designs, manufactures and sells head-up accessories for motorcycle helmets and motor vehicles.
EYELIGHTS and the Customer are hereinafter individually referred to as a "Party" and together with the "Parties".
Any order with EYELIGHTS implies the full acceptance of all these Terms and Conditions. The acceptance of these by the Customer is materialized by the fact for the Customer to check the box adjacent to the mention "I have read the Terms and Conditions of Sale and I adhere to it without reservation. (Read the general conditions of sale) "when placing an order or when communicating the product activation code by email. This approach is equivalent to the Client acknowledging that he has fully understood and that he approves, without exception or reservation, all provisions.
Article 1 – Definitions
"Customer" means any natural person, having the legal capacity to contract, wishing to acquire a Product, and acting for purposes that are not part of his commercial, industrial, artisanal, liberal or agricultural activity.
"Order" means any online purchase by the Customer of any Product offered for sale by EYELIGHTS on its Website.
"Internet" refers to different server networks located in different locations around the world, interconnected by means of communication networks, and communicating using a specific protocol known as TCP / IP.
"Delivery" means the delivery of the Products ordered either to the Customer or to a third party or a carrier designated by the latter.
"Product" means head-up accessories for motorcycle helmets offered for sale by EYELIGHTS on the Website.
"Website" means the infrastructure developed by EYELIGHTS according to the computer formats usable on the Internet including data of different natures, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted by Internet users as part of free access to www.eye-lights.com.
The essential features of the Products are available, legibly and understandably, on the Website and in the summary, email sent to the Customer by EYELIGHTS.
3.1. The Parties expressly agree that the data recorded by EYELIGHTS in the context of the Orders constitute proof of all the commercial transactions concluded between them.
3.2. EYELIGHTS is bound by the commitments that may be made by its representatives or employees only subject to a written and signed confirmation from itself, represented by a duly authorized person.
3.2. Orders are placed by the Customer on the Website in French or in English. In order to place an Order, the Customer must access the "Buy" section on the Website. As a result of this process, the Customer must provide certain information regarding the Delivery and the desired method of payment. Until validation of the Order, the Customer may abandon or modify the Order at any time.
3.3. Upon validation by the Customer of the Order, an email confirmation of the Order and its payment is sent as soon as possible to the email address of the Customer entered during the placing of the Order concerned.
3.4. Unless expressly agreed otherwise and indemnification by the Customer of the costs already incurred by EYELIGHTS, no modification, suspension or cancellation of an Order shall be binding on EYELIGHTS from the date of the placing of the Order by the Customer. Any modification of an Order subsequent to its validation by the Customer requires the prior written consent of EYELIGHTS. EYELIGHTS reserves the right to review the price and the deadlines initially proposed accordingly.
3.7. In order to fight against fraud, EYELIGHTS reserves the right to ask the Customer for any document necessary to verify his identity, the authenticity of his means of payment and/or his home.
3.8. Subject to informing the Client concerned as soon as possible, EYELIGHTS reserves the right to refuse any Order:
- for legitimate reasons and, more particularly, if the quantities of Products ordered are abnormally high for buyers who are consumers;
- if the Order emanates from a Customer who has not paid in full a previous Order or with whom any dispute is in progress;
- if the Delivery is to be made in a country other than those mentioned herein.
Article 4.1. Price
4.1.1. The prices of the Products are displayed, legibly and understandably, when placing the Order and in the summary, email sent to the Customer by EYELIGHTS. Prices may be updated at any time without notice, but the Products are charged based on the current price displayed at the time of order registration. Prices are due in full after confirmation of the Order.
4.1.2. All prices are in Euros or English Pounds taxes and packaging included; taxes are borne by the Customer. The taxes applied shall be those provided for by the regulations in force and, should the latter be amended, the resulting price variations shall take effect as from the day of their implementation. The price including all taxes is indicated before the validation of the Order and on the corresponding invoice.
4.1.3. Rates quoted do not include access to the Internet and/or the Website or the cost of telephone lines. The connection to the Internet is the responsibility of the Customer. EYELIGHTS cannot be held responsible for the quality of the line proposed by the ISP.
4.1.4. The Customer may benefit from price reductions, discounts, rebates, and rebates, depending on the number of Products ordered, at one time and only one place or the regularity of its Orders under the terms and conditions provided for in these Terms and Conditions.
Article 4.2. Payment terms
4.2.1. The payment of the Products is made entirely during the Order by Paypal accounts, credit cards or bank cards (Visa, Eurocard, Mastercard, Virtual bank cards, etc.). The Website is equipped with an online payment security system enabling the Customer to encrypt the transmission of his bank details.
4.2.2. The Parties expressly agree that the payment thus made of the Products cannot be considered as a deposit within the meaning of article 1590 of the Civil Code. The Order being firm and final, the Customer cannot deduct from it, with the exception of the exercise of his right of withdrawal within fourteen (14) days of Delivery.
4.2.3 All invoices are sent to the email address indicated by the Customer when placing an Order on the Website. As such, EYELIGHTS disclaims any liability if the Customer provides an incorrect address whether physical or electronic.
4.2.4. EYELIGHTS reserves the right to suspend or cancel any execution of an Order, whatever its nature and level of execution, in the event of default of payment or partial payment of any sum that would be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the payment of an Order or the use of the Website.
4.2.5. The Customer guarantees to EYELIGHTS that he has the necessary authorizations to use the method of payment he has chosen from those available.
5.1. Place of Delivery
5.1.1. The delivery area of EYELIGHTS covers the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Spain Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland, Iceland, Liechtenstein, Norway.
5.1.2. The Products are delivered to the address indicated by the Customer when placing the Order and appearing in the summary email addressed to him by EYELIGHTS. No delivery will be assured in case of address mentioning a post office box. It is up to the Customer to verify that the Order is according to his choice and that his personal data, mode and place of Delivery, options, and place of billing are accurate.
5.2. Terms and Delivery Times
5.2.1. Unless expressly stated otherwise in the confirmation email of the Order, the delivery periods for the Products are set at six months maximum. Delivery times are expressly indicated to the Customer when placing his Order in accordance with the provisions of Article L.216-1 of the Consumer Code. As such, the Customer expressly agrees to the delivery periods.
5.2.2. These important delivery times are justified by the initiation of design of each Product from their Order. The delays in supplying raw materials, being high and not dependent on EYELIGHTS, significantly delay delivery times for products ordered by the Customer up to a maximum of six months.
5.2.3. Nevertheless, EYELIGHTS undertakes to make its best efforts to reduce as much as possible the delivery times. In the event of a reduction in delivery times, EYELIGHTS undertakes to keep the Customer informed.
5.2.4. Delivery costs are the responsibility of the Customer. They are mentioned when placing the Order and, in the summary, email sent to the Customer by EYELIGHTS.
5.2.5. As provided in Article L.216-4 of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the moment when the latter or a third party designated by him physically take possession of the Products.
5.2.6. Any delay or default attributable to the Customer or to a third-party result in delays in execution and the assumption by the Customer of any additional costs.
5.2.7. In case of late delivery, EYELIGHTS agrees to notify the Customer as soon as possible, by any means of communication, and to indicate the length of the estimated delay.
5.2.8. In case of Delivery abroad, the Customer undertakes to carry out all necessary formalities and declarations with the authorities and administrations of the country concerned, and to pay all taxes, customs duties or any other sum of any kind whatsoever would be required of him for the purpose of importing the Products into the country.
5.2.9. EYELIGHTS cannot be held responsible in case of failure of the Customer in the performance of its obligations and which would lead to a lack of Delivery of the ordered Product.
Product. Article 5.3. Incorrect order / Damaged order
5.3.1. Despite all the care EYELIGHTS takes in the preparation and shipping of packages, some Orders may contain missing, damaged or non-conforming Products.
5.3.2. At the Delivery of the Order, a Delivery Note must be signed by the Customer who must verify upon receipt the conformity and packaging status of the Product. If the Customer considers that the delivered Products are defective, defective or non-compliant, it will be his responsibility to refuse the Delivery or to send to EYELIGHTS or the carrier, motivated reservations describing the failure or non-compliance of the Order. The Customer will have a period of fifteen (15) clear days from the Delivery to address his claims to EYELIGHTS. EYELIGHTS will not make any refund or exchange if the complaint is communicated to him after this period.
5.3.3. Any return of Products must be the subject of a written agreement of EYELIGHTS. The Product must be returned in the condition it was in at the time of delivery, in its original packaging, accompanied by all documents, notices and accessories, as well as the invoice of the Order sent by EYELIGHTS. The costs and risks of return will be borne by the Customer.
5.3.4. EYELIGHTS will inform the Customer of the return of the Product, the latter will then have the possibility:
- to obtain the Delivery of a Product identical to the defective Product within the limits of available stocks;
- obtain a full refund of the price of the ordered Product within fourteen (14) days.
5.3.5. No exchange of Product or refund will be made if it is revealed that the fault is attributable to the Customer and in particular, if it results from the transport, use not in accordance with its normal use, modification or adaptation of the Product to the Customer. Customer's initiative or prolonged use by the Customer.
6.1. In accordance with Articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of fourteen days (14) days to exercise his right of withdrawal. This period runs from the date of receipt by the Customer or a third party other than the carrier designated by him, the Product ordered.
6.2. In order to exercise his right of withdrawal, the Customer must inform EYELIGHTS of his decision to withdraw by sending him by registered mail with acknowledgment of receipt, before the expiry of this period, the withdrawal form below. The exercise of the right of withdrawal terminates the obligation for EYELIGHTS to execute the Order in question
6.3. From the date of communication of the decision to retract, the Customer will be reimbursed within fourteen (14) days by EYELIGHTS of the price of the Order concerned.
6.4 In the event of withdrawal, the Customer bears at his own expense the direct costs of returning the Products concerned to EYELIGHTS. The Customer will have a period of fourteen (14) days, from the date of communication of the decision to retract, to return the Products concerned to EYELIGHTS. The Product must be returned in the condition it was in at the time of delivery, in its original packaging, accompanied by all documents, notices, and accessories, as well as the invoice of the Order sent by EYELIGHTS. If the product requires a refurbishment, EYELIGHTS will charge a refurbishment fee of a minimum of 50 € inclusive of VAT.
In the application of the legislative and regulatory provisions and except contractual guarantee granted by EYELIGHTS, all Orders are subjected to the legal guarantee of conformity of articles L.217-4 and following of the Code of the Consumption and the guarantee of the hidden defects of the Civil Code, provided for in articles 1641 and following.
7.1. Legal guarantee of conformity
Article L.217-4 of the Consumer Code:
"The seller delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery.
It also responds to the lack of conformity resulting from the packaging, the assembly instructions and the installation when it was charged to it by the contract or was carried out under its responsibility. "
Article L.217-5 of the Consumer Code:
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good, and if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling.
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
Article L.217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Article L.217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question if this provision is subsequent to the request for intervention. "
7.2. Guarantee of hidden defects
Article 1641 of the Civil Code:
"The seller is bound by the guarantee on the ground of the defects of the thing sold which renders it unfit for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them. "
Article 1644 of the Civil Code:
"In the case of items 1641 and 1643, the buyer has the choice to return the thing and get the price back or keep the thing and get a part of the price."
Paragraph 1 of Article 1648 of the Civil Code:
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "
7.3. Exclusion of guarantee
The Customer can not avail himself of any legal or contractual guarantee if
- the damage or defect is apparent (and without complaint by the latter under the conditions of his right of withdrawal);
- the damage or the vice is the fact of the transport of the Product when the Customer entrusts the Delivery of the Product to a carrier other than that proposed by EYELIGHTS (in accordance with articles L.216-4 and L.216-5 of the Code of the consumption );
- the damage or the vice results from abnormal use of the Product by the Customer;
- the Product has undergone a modification, adaptation or repair that has not been authorized by EYELIGHTS.
In accordance with Article L.111-4 of the Consumer Code, the period during which the spare parts required for the use of the Products are available is posted on the Website and in the summary email sent to the Customer by EYELIGHTS.
Article 9 - Liability
9.1. Any claim, to be taken into account, must be made in writing within fifteen (15) days after the purchase of the Products by registered letter with acknowledgment of receipt.
9.2. The information required to fulfill the Order shall meet the specifications of EYELIGHTS. The Customer is responsible for the accuracy, truthfulness, and veracity of the contact information he provides to EYELIGHTS. EYELIGHTS cannot be held responsible for an error in entering these details.
9.3. In addition, EYELIGHTS cannot be held liable for damages of any kind, whether material, immaterial, direct or indirect that may result from the misuse of the Product or adaptation or modification made at the sole initiative of the Customer.
9.4. As such, the Customer is solely responsible for the use and exploitation of the ordered Product. EYELIGHTS cannot be held responsible for any infringement of the law or the rights of third parties in the context of such use and exploitation.
9.5. EYELIGHTS is not responsible if any malfunction of the Website, beyond its control, prevents the Customer from placing or validating an Order.
10.1. If one of the Parties fails to fulfill its obligations without repair within fifteen (15) days of receipt of the registered letter with acknowledgment of receipt notifying the breach, the other Party may terminate immediately and full right the Order.
10.2. Termination shall be without prejudice to any other right or action that the Defaulting Party may claim against the Defaulting Party.
10.3. In the event of termination of the Order, the Customer shall remain liable for the payment of all previous Orders executed by EYELIGHTS until the effective date of termination and, more generally, the payment of all invoices due to EYELIGHTS and remained unpaid despite the taking effect of the termination.
11.1. In no case shall the Parties be held responsible for any failure or delay in the execution of the Order due to any of the cases of force majeure or fortuitous events commonly found in the case law of French courts and tribunals.
11.2. The occurrence of a case of force majeure suspends the execution of the Order, except for the obligation for the Customer to pay the sums due until the day of the occurrence of the case of force majeure.
11.3. If a case of force majeure continues beyond a period of thirty (30) days, the Order may be terminated immediately and automatically, without judicial formalities, by either of the Parties, subject to the sending a registered letter with acknowledgment of receipt.
12.1. In case of non-payment by the Customer of all or part of the price of the Order, EYELIGHTS reserves, until full payment, a right of ownership of the Products. Any deposit paid by the Customer will remain with EYELIGHTS, without prejudice to any other actions that he would be entitled to bring against the Client.
12.2. In the case of payment by installments, failure to pay one of the due dates may result in EYELIGHTS claiming the Products. The Customer undertakes to inform EYELIGHTS immediately of any incident that may affect the ownership of the Products.
13.1. All intellectual property rights and other rights relating to the Products and the Website, including copyrights, trademarks, designs, database rights, and any other intellectual property rights or rights others, are and remain the exclusive property of EYELIGHTS and, for technologies or licensed goods, of their authors and/or owners.
13.2. The Customer acknowledges the existence of these proprietary and intellectual property rights, and will not take any action to infringe upon, limit or in any way restrict the ownership or rights of EYELIGHTS with respect to the Products. and the Website.
13.3. In accordance with and within the limits of article L.342-1 of the Intellectual Property Code, EYELIGHTS prohibits the extraction or reuse of all or part of the content of its Website.
13.4. If the Customer wishes to use in another frame, and/or to diffuse data, information and/or contents of the Web Site, it will have to make beforehand the written request to EYELIGHTS.
13.5. Customer agrees not to use the Website for commercial purposes, not to rent, lend, sell, publish, license or sublicense, distribute, assign or otherwise transfer all or any part of the Website to any third party without the express prior written consent of EYELIGHTS which may condition it to a financial counterparty.
14.1. EYELIGHTS undertakes to respect the privacy of its Customers, as well as the security and confidentiality of the data and information communicated to it by them. As such, EYELIGHTS undertakes to implement all the means at its disposal to ensure the security and confidentiality of the information and data provided by the Clients on its Website. EYELIGHTS undertakes in particular not to disclose the confidential information that may be communicated to it by its Customers.
14.2. The Customer expressly acknowledges that any personal data concerning him, collected by EYELIGHTS is subject to automated processing declared to the National Commission of Computing and Freedoms
14.3. The information collected by EYELIGHTS is the information needed to process and track the Order, as well as the sales and marketing follow-up of the Customer's file. As such, the personal data of Customers are collected for these purposes only.
14.4. The personal data collected on the Website has been obtained in accordance with Article 6 of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, either directly with the Customer, it is specified that, in such a case, his consent to processing of such data is collected expressly and in advance (Article 6.1.a); or indirectly, provided that in such a case, the processing of such data is necessary for the use of the Website and/or the placing of the Order (Article 6.1.b).
14.5. When using the Website, certain personal data of the Customer are collected automatically via the use of tracers. EYELIGHTS nevertheless draws the attention of the Customer to the possibility of deleting, at any time, the registration of said chart plotters, or those already registered, by setting the privacy protection options of its Internet browser, in accordance with the information available on the website. website: http://www.cnil.fr.
14.6. All information collected indirectly will be used only to track the volume, type and configuration of traffic using the Website, to develop the design and layout and for other administrative and planning purposes, and more generally to improve the services offered by EYELIGHTS.
14.7. As a general rule, EYELIGHTS undertakes never to disclose the Customer's personal data, except with its express authorization or in very specific circumstances, such as those contemplated below:
- EYELIGHTS may be brought - by law, in the context of legal proceedings, litigation and / or a request from the public authorities of the country of residence of the Customer or other - to disclose personal data aforementioned;
- EYELIGHTS may also disclose such data if disclosure is necessary for national security, law enforcement or other public purpose purposes;
- EYELIGHTS may also disclose Customer data if such disclosure is reasonably necessary to enforce compliance with these Terms and Conditions or to protect its business or Customers;
- In the event of restructuring or transfer, EYELIGHTS may transfer any personal data that it retains to the third party concerned.
14.8. When placing an Order, the Customer may choose to send commercial information and proposals to EYELIGHTS and/or its business partners. At any time, the Customer may refuse to receive them by clicking on the link at the bottom of the newsletter or by making a request by e-mail or by post.
14.9. In the application of the legal and regulatory provisions in force, the Customer has a right of access, a right of rectification and a right to the erasure of his personal data, as well as a right to the limitation of the treatment, a right the portability of its data and the right to oppose treatment. To exercise all these rights, the Customer must send EYELIGHTS a request either by post, email or phone to the addresses and numbers as indicated in the legal notice of the Website.
15.1. EYELIGHTS may modify these Terms and Conditions at any time, including to comply with a legal provision. The Customer will be informed of the changes made according to the terms and conditions below.
15.2. In the event of modification, the General Conditions applicable are those in force on the date of the Order of which a copy dated to date can be given to the Customer at his request.
15.3. The new version of the Terms and Conditions will be available on the Website in the relevant section. The Customer must accept the General Conditions when placing his Order.
16.1. If any provision of these Terms and Conditions, or any part of them, is found void by regulation, law or following a final judicial decision, it will be deemed unwritten, but will not result in the nullity of the Terms and Conditions as a whole, or that of the clause only partially concerned.
16.2. The fact that either Party has not required, temporarily or permanently, the application of a stipulation herein shall not be considered as a waiver of the rights held by that Party.
17.1. These General Terms and Conditions, as well as all the contractual relationships that may result from them, are subject to French law.
17.2. If a dispute arises between the Customer and EYELIGHTS, the Parties undertake to seek an amicable solution, considering the interests of each of them before taking any legal action.
17.3. If a dispute arises between the Parties, the Customer has the right to free use of a consumer mediator for the amicable resolution of the dispute with EYELIGHTS. As such, EYELIGHTS guarantees the Customer the effective use of a consumer mediation system.
17.4. By default, EYELIGHTS proposes to the Client the recourse to the Mediator of the National Council of the professions of the automobile (CNPA)
Address: 50 rue Rouget de Lisle in Suresnes (92150)
Contact: [email protected]
17.5. The Parties agree that the dispute cannot be examined by the consumer mediator when:
- the Customer does not justify having tried, beforehand, to resolve his dispute directly with EYELIGHTS by a written complaint sent by registered letter 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 been previously examined or is under consideration by another mediator or by a court;
- the Client 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 competence of the mediator.
Please complete and return this form only if you wish to withdraw from your order.
To the attention of:
201 rue Pierre and Marie Curie
31670 LABEGE E
mail: [email protected]
I, the undersigned Sir / Madam _ ______________ residing at _________________________________________________________________________________________, hereby give notice to me of my cancellation of the order _____ made on ___ __________ _____ relating to the sale of ___ headlamp electronic display (s) motorcycle.
Signature (only in case of notification of this paper form):
Information for the consumer wishing to retract:
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the property. For the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration. As such, you can use the model withdrawal form but it is not mandatory. You can also fill out and submit the model withdrawal form or other unambiguous declaration on our website www.eye-lights.com. If you use this option, we will send you an acknowledgment of receipt of the withdrawal without delay. on a durable medium by email.
Effects of retraction:
If you withdraw from the order, we will refund all payments received from you, including delivery charges (with the exception of additional charges arising from the fact that you have chosen, if delivery other than the less expensive standard delivery method proposed by us) without undue delay and, in any case, no later than fourteen days from the day we are informed of your decision to withdraw from this contract.
We will refund using the same means of payment as you used for the original transaction unless you expressly agree otherwise. In any case, this refund will not cause any costs for you. We may defer repayment until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earlier.
You must return or return the property to us without undue delay and, in any case, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This period is considered respected if you return the good before the expiration of the period of fourteen days.
You will be responsible for the direct costs of returning the property.
These 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, Société par Actions Simplifiées, with a capital of 148 233 €, registered under the number 819 514 118 at RCS of TOULOUSE, having its registered office at 201 rue Pierre et Marie Curie 31670 Labège in LABEGE (31670) represented by Mr. Romain DUFLOT and by Mr. Thomas DE SAINTIGNON (hereinafter referred to as "EYELIGHTS"), whose activity is design, manufacture and sale of head-up accessories for motorcycle helmets and for cars.
EYELIGHTS and the User are hereinafter individually referred to as a "Party" and together with the "Parties"
Any use of the Products implies the full and unreserved acceptance of all these Terms and Conditions.
This approach is equivalent to the User acknowledging that he has fully acknowledged and that he approves, without exception or reservation, all the Terms and Conditions indicated below.
"Application" means the mobile application developed by EYELIGHTS according to the computer formats usable on the Internet including data of different types, and in particular text, sound, still or moving images, videos, databases, intended to be consulted by Application users available on mobile phones with IOS 10.1 or later operating systems and Android OS 4.4 or later.
"Optical Module" means the Head-Up Display of the Product, which projects the navigation information into the User's field of vision.
"Installation" means the assembly and configuration by the User of the Product sold by EYELIGHTS.
"Delivery" means the delivery to the User or a third party or carrier designated by the latter of the Product sold by EYELIGHTS.
"Bluetooth Kit" means the Product Bluetooth Kit, consisting of audio input (microphone) and an audio output (headphones), which enables
mobile phone communications supporting A2DP * and HFP * profiles (warranty for range limited to ten (10) meters).
* Mobile phones that do not support the Bluetooth profile could prevent the user from using the redial and call rejection features.
"Product" means head-up accessories for motorcycle helmets sold by EYELIGHTS and used by the User. The Product is not a toy.
"Control Unit" means the electronic device placed outside of the helmet, which allows various features 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 mobile phone of the User on which the Application is downloaded and the Product connected via Bluetooth.
Upon delivery of the Products, the User or the third party or carrier designated by the latter must verify that the ordered Product is complete and, as such, that the Product contains the following:
One (1) Control Unit
One (1) Optical Module
Five (5) supports of different thicknesses
One (1) wall charger:
One (1) USB Cable
One (1) shutter of jack plug
One (1) Bluetooth kit with an audio input (microphone) and an audio output (headphones)
Two (2) Pre-Cut Dual Lock Mounting Kits:
Warranty forms and these Terms and Conditions.
3.1. The User acknowledges that the Product requires 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 for the use of another mobile application with the Product.
3.3. Use of the Application requires an Internet connection of the mobile phone, which may lead to over-billing according to the offer and operator of the user (for more information, the user can consult his mobile operator). EYELIGHTS will not be responsible for any roaming charges or surcharges 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, connections with the Product, and more generally the use of the Product.
3.5. As such, the User declares that he is familiar with the Internet, its characteristics and its limits and recognizes in particular:
- that data transmissions on the Internet only benefit from relative technical reliability, these circulating on heterogeneous networks with various technical characteristics and capacities that are sometimes saturated at certain times of the day;
- that the Users of the Products are likely to be located anywhere in the world;
- that the data circulating on the Internet are not protected against possible diversions and that the communication of any sensitive information is carried out by the User at his own risk.
3.6. The Product does not improve the vision of the User. As such, the User can not use the Product in case of visual impairment.
IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with the vision correction devices.
IMPORTANT: EYELIGHTS excludes all liability in case of loading, reloading or maintenance of the Product not in accordance with the detailed instructions below. As such, the User agrees to comply with all instructions herein regarding the loading, reloading or maintenance of the Product.
4.1. Loading and reloading the Product
4.1.1. To load and reload the product, the user:
- Connect the wall charger to the USB cable
- connect the USB cable to the charging connector of the control unit (located on the side);
- Plug the wall charger to an electric plug
IMPORTANT The User must not use a charger other than that provided by EYELIGHTS, as this may damage the Product. Conversely, the Product Charger may only be used for Products supplied by EYELIGHTS.
4.1.2. Before any use, the User must check the complete loading of the Control Unit, corresponding to approximately three (3) hours of charge (the orange LED turns green as soon as the charging is complete).
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 a 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. Likewise, the weather conditions affecting the Product, the User must not expose it to excessively low or excessively high temperatures.
IMPORTANT: No products based on acid, acetone or corrosive solutions can be used on the products without damaging them.
IMPORTANT: EYELIGHTS excludes any liability in case of installation of the Product that does not comply with the instructions and steps detailed below. As such, the User agrees to comply with all instructions herein regarding the Installation of the Product.
IMPORTANT: EYELIGHTS provides users with simplified editing tutorials on its website at https://eye-lights.com/pages/support and in the app EYELIGHTS
IMPORTANT: The two jacks on the Control Unit must be permanently blocked. For this, they can be obstructed by the elements provided (Optical module and Bluetooth Kit) or by using the shutter provided by EyeLights. The jacks must be tightly closed to prevent moisture and dust from entering the unit.
IMPORTANT: The User must not install the Control Unit, the Bluetooth Kit, the Optical Module, as well as the supports in areas other than those specified below.
IMPORTANT: The User must not drill, paste or open the Product. Similarly, it must not cut, tear, wrap or tie the wires and cables of the Product.
IMPORTANT: The User acknowledges that the uninstallation of the Product could lead to the damage of the motorcycle helmet on which it was installed. As such, EYELIGHTS cannot be held responsible in the case 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 various 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 on the back of the Control Unit.
5.1.2. Then, the User must affix the Control Unit to the outside left of the motorcycle helmet (clutch side) by placing the audio jacks towards the back of the helmet and the charging plug down.
IMPORTANT: The LED on the Control Unit has only one color and only switching frequency, each corresponding to a particular situation:
- Blue LED on the product is on
- Blue LED off: the product is off
5.2. Step Two: Installing 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, then remove the brown adhesive parts located on each earpiece.
5.2.2. Then, the User must affix the earphones directly on the inner cap (polystyrene) of the helmet. Most helmets have housings designed to accommodate this type of equipment with light spaces dug in the inner cap of the helmet.
5.2.3. Finally, the User must run through the wires along the inner cap of the headset and insert the audio jacks into the designated slots of the Control Unit and marked with the logos "headphones" and "headphones". The earpiece with the shortest cable should be glued to the left of the motorcycle helmet, on the external module side. If the supplied Bluetooth kit is not connected to the Control Unit, it is essential to block the jack on the Control Unit with the supplied plug.
IMPORTANT: The User must leave the internal foams removed for the next steps.
IMPORTANT: The User must not use a Bluetooth kit other than that provided by EYELIGHTS as this may damage the Product. Conversely, the Bluetooth Kit can only be used for Products supplied by EYELIGHTS.
IMPORTANT: The Control Unit is water resistant in normal two-wheel operation. However, during use, the jack connectors must be tightly closed to prevent moisture and dust from entering the unit.
IMPORTANT: As the Bluetooth Kit is not waterproof, the User acknowledges that he will not be able to use it in case of degraded weather.
IMPORTANT: EYELIGHTS does not guarantee the accuracy of information broadcast by audio.
5.3. Step Three: Choosing and Installing Media
5.3.1. The Product is delivered with five (5) media of different thicknesses. Each helmet has a different shape, the support must be adapted to the motorcycle helmet model of the User in order to better adjust the optical module.
5.3.2. A non-exhaustive list of correspondences is provided for information below:
- Casque Schubert – supportsn°3 ou n°4 :
Schubert C3 ;
- Marques diverses – supports n°1 ou n°2 :
Schubert M1 ;
AGV K5S ;
Arai QV Pro ;
Arai RX7V ;
HJC RPHA11 ;
HJC IS17 ;
HJC RPHA70 ;
Shark speed air ;
Shark skwal ;
Shark Spartan ;
Shark evo-one ;
Shoei NXR ;
Shoei J-cruise ;
Shoei GT-AIR ;
Shoei Neotec ;
- In case of need and according to the morphologies, the support n ° 5 can be added if the Optical Module is positioned too high (to be added again after the sixth step).
IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with all motorcycle helmets on the market.
IMPORTANT: In some cases, the installation of the Product may condemn the mobility of the helmet's internal solar visor.
5.3.3. The brackets must be installed to the rights of the motorcycle helmet (throttle grip side). There are two cases:
- The helmet has a retractable solar visor:
o The tabs are to slide in the space where the sunscreen retracts. The screen remains mobile and the Installation is safe for sunscreen.
- The helmet does not have a sun 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: Connecting via Bluetooth
5.4.1. For 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 the "power" button for five (5) seconds, a blue LED lights up when it is running.
5.4.3. The User must also look for the Bluetooth devices in his mobile phone by following the instructions on the mobile phone (the user can consult his mobile phone's user guide for more information).
5.4.4. After a few seconds, the phone will list "EYELIGHTS" as a discovered device. The user must select it and follow the instructions of his mobile phone to accept the pairing.
5.4.5 The User will open the EYELIGHTS application, create a user account and then unlock the user account using the codes provided by EYELIGHTS.
5.4.6 The User must open the menu of the EYELIGHTS application and click on "Bluetooth".
5.4.7 The User selects the equipment corresponding to his EYELIGHTS device from the displayed devices.
5.5. Step Five: Installing the Optics Module
5.5.1. Once the device is turned on and connected with Bluetooth, the display in the Optics Module freezes. If the device is not connected in Bluetooth, the Optics Module displays a demonstration with several displays that succeed each other.
5.5.2. To perform this test, the User must put the motorcycle helmet on his head and take into account that in the piloting phase the head is usually tilted forward.
5.5.3. The Optical Module is adapted to the user's vision and morphology when he sees the entire information: speed, pictogram, and distance. The optical module must not interfere with the vision of the user
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 Optics Module should be located at approximately the eyebrow of the user. The connection between the Optics Module and the bracket is done with a Velcro mounting kit so that you can reposition the Optics Module at will.
5.5.6. For the purpose of Optical Module Installation, the User must remove the protective film and then stick the Optical Module on the support.
5.5.7. Two (2) pre-cut Velcro mounting kits are provided, if the chosen media is not suitable and the User decides to change it, he will need to use the second Velcro mounting kit without taking off the first one from the mount.
IMPORTANT: The translucent cube of the Optics Module is a fragile piece. As such, the Optical Module should never be handled by the translucent cube, but only by holding the plastic part.
IMPORTANT: The Product is used visor closed.
IMPORTANT IMPORTANT: EYELIGHTS excludes all liability in case of use of the Product that does not comply with the detailed instructions below. As such, the User agrees to comply with all instructions herein regarding the Use of the Product.
IMPORTANT IMPORTANT: EYELIGHTS excludes all liability for the use of the Product for any activity other than motorcycling.
IMPORTANT IMPORTANT: EYELIGHTS excludes any liability in the event of manipulation of the Product by the User during the operation of his motorcycle.
IMPORTANT IMPORTANT: Excessive use of the Product at high brightness may impair the view of the User.
6.1. Before using the Product, the User must always check that:
- all connections are well done;
- Both jacks are clogged.
6.2. In order to access all the features of the Product (including geolocation), the User must activate the Internet connection of his mobile phone, as well as the location settings of his mobile phone.
6.3. The Product is water resistant only under normal conditions of use.
6.4. The Product once installed is adapted to the vision of a single User and its morphology. As such, EYELIGHTS excludes any liability in case of Use of the Product by any other user.
6.5. The User agrees not to use flaws, computer bugs or any other form of error to obtain benefits in the use of the Product and/or the Application. Similarly, the User agrees to immediately notify EYELIGHTS when he notices a flaw or an error on the Product and/or the Application.
6.6. The User agrees not to use the Product and/or the Application in a way that may render it inaccessible, damage it or prevent it from working.
EYELIGHTS grants Users a limited license to the use of the Product, for an exclusively private and personal use, non-collective and non-exclusive. Under no circumstances are Users authorized to modify all or part of the Product without the prior written consent of EYELIGHTS. This license does not allow Users to make any commercial use of all or part of the Product.
8.1. User's responsibility
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 the fees charged by the service provider for the use of the network and the sharing of data.
8.1.2. When using the Product, the User is solely responsible for the use he makes of it and the content he communicates. In this capacity, he is notably responsible for:
- the content produced by him through his Account, and in particular the respect of the good morals of said content;
- its adequacy with the laws and the regulations in particular with regard to the protection of the minors, the repression of the apology of the crimes against humanity, the incitement to the racial hatred as well as the child pornography, the incentive violence, including incitement to violence against women, as well as attacks on human dignity and respect for the human person;
- respect for the rights of third parties, particularly in the field 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 cannot be held liable for any damage and/or resulting loss 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 will not be liable for damages suffered or occasioned by the use of the Product whether they are material or immaterial damages, consecutive or not consecutive. 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 solely responsible for the content only produced by it and integrated into the Application, the Product and its functionalities.
8.2.5. EYELIGHTS is exclusively 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.
8.2.6. 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 faulty Mobile Phone of the User.
8.2.7. EYELIGHTS excludes all liability in case of an adaptation, modification or repair carried out by the User. As such, any adaptation, modification or repair must only be carried out by the EYELIGHTS after-sales service.
9.1. All intellectual property rights and other rights related to the Product and the Application, including copyrights, trademarks, designs, rights to databases, and any other rights of intellectual property or other, are and remain the exclusive property of EYELIGHTS and, for the licensed technologies, their authors and/or owners.
9.2. In accordance with and within the limits of the article L.342-1 of the Code of the intellectual property, EYELIGHTS prohibits the extraction or reuse of all or part of the contents of the Product and the Application.
9.3. The User acknowledges the existence of these rights of ownership and intellectual property, and will not take any action to infringe, limit or in any way restrict the ownership or rights of EYELIGHTS with respect to the Product and / or the Application.
9.4. If the User wishes to use in another frame, and/or to diffuse data, information and/or contents of the Product and/or the Application, he must first make a written request to the address of the head office of EYELIGHTS.
9.5. The User agrees not to use the Product and/or the Application for any commercial purpose, not to rent, lend, sell, publish, license or sublicense, distribute, assign or otherwise transfer any or all part of the Product and / or the Application to any third party without the express written permission of EYELIGHTS which may condition it to a financial counterpart.
10.1. EYELIGHTS may modify these Terms and Conditions at any time, including to comply with a legal provision. The User will be informed of the changes made via the Application. The User will be informed of the changes made via an email.
10.2. If any provision of these Terms and Conditions, or any part of them, is found to be void in respect of a regulation, a law in force or following a final judicial decision, it will be deemed unwritten, but will not result in the nullity of the Terms and Conditions as a whole, or that of the clause only partially concerned.
10.3. The fact that either Party has not required, temporarily or permanently, the application of a provision of these General Conditions shall not be considered as a waiver of the rights held by that Party.
11.1. These General Terms and Conditions, as well as all the contractual relationships 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 taking any legal action.
11.3. In the event that a dispute arises between the Parties, the User has the right to free use of a consumer mediator for the amicable resolution of the dispute with EYELIGHTS. As such, EYELIGHTS guarantees the User the effective use of a device for mediating consumption.
11.4. By default, EYELIGHTS offers the User the use of the Mediator of the National Council of Automotive Professions (CNPA)
Address: 50 rue Rouget de Lisle in Suresnes (92150)
Contact: [email protected]
11.5. The Parties agree that the dispute cannot be examined by the consumer mediator when:
11.5. The Parties agree that the dispute can not be examined by the consumer mediator when: - the User does not justify having tried, beforehand, to resolve his dispute directly with EYELIGHTS by a written complaint sent by registered letter 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 been previously examined or is under consideration 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 competence of the mediator.