Terms and Conditions/M – myHeaEyes

Terms and Conditions/M

`These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by Mohamed Badreddine Cherni & Mohamed Belghith, trading as MEDIARATI - a sole partnership, operating the website www.heaeyes.com

. This sole partnership is registered Mediarati LLC  and has its head office at 30N Gould St Ste R Sheridan Wy 82801 USA (here-after SELLER”).

THE SELLER offers, via its website heaeyes.com (hereinafter the "Site"), a product (hereinafter the "Products and Services").

Each customer acknowledges having read, in a legible and understandable manner, these CGUV as well as all the information necessary for their execution, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, before placing the order and before the conclusion of any contract with MEDIARATI LLC. 

The present CGUV apply to any use of the Site as well as to any order of Products and services by any customer, natural person, acting for purposes which do not enter within the framework of his professional activity or any customer, natural person or moral, acting within the framework of its commercial, industrial, artisanal or liberal activity (hereinafter the "Customer") exercised on the Site, from January 13, 2020.

The purpose of these General Conditions is to define the conditions for ordering Products and services, and to determine the respective rights and obligations of each of the parties in connection with the supply of Products.

Unless otherwise agreed in writing by the parties, these T & Cs prevail over any contrary clause arising from the general conditions previously established and therefore apply to the exclusion of any other agreement.

These general conditions must be considered as an integral and essential part of the contract concluded between Heaeyes™ and each of its customers.

These GTC are systematically notified to the Customer when creating their personal account on the Site and placing their order on the Site. Each Customer must read and accept them in order to validate their order on the Site. This acceptance consists of ticking the box corresponding to the sentence of acceptance of these CGUV, such as for example "I acknowledge having read and accepted all the general conditions of sale published on the Site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Client.

In the event of modification and / or adaptation of these T & Cs by Heaeyes, only the version in force on the day of the Customer’s order on the Site will be validly applicable. The Customer will be informed of any changes made to these, when he subsequently connects to the Site, by a notification published on the Site.

The fact that Heaeyes™ does not avail itself, at any given time, of any of the provisions of these CGUV cannot be interpreted as a waiver of its right to avail itself of it later.

Heaeyes™ invites each Customer to read these CGUV carefully, to print them and / or save them on any durable medium, before ordering any Product or service on its Site.

    Heaeyes™ offers free access to its Site, the Customer in any event remaining responsible for its IT equipment and its connection to the Internet, the costs of which are at its expense.

Access to the Site can be achieved:

• from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and navigation software on the Internet network (such as Internet Explorer, Mozilla Firefox, etc.) ;

• a telephone terminal with access to a telecommunications network allowing access to the Internet network (3G, 4G connection, Edge, wifi, etc.).

Heaeyes™ makes its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance,  MEDIARATI LLC HeaEyes™ cannot be held responsible for the possible impact of this unavailability on the Customer’s activities.

The Customer is warned of the technical vagaries inherent in the Internet and the interruptions of access that may result. Consequently,Heaeyes.COM cannot be held responsible for any unavailability or slowdown of the Site.

The Customer is informed that the Heaeyes servers are hosted by the company shopify.

Any breach by the Client of its obligations under these GTCUS may result in the suspension or prohibition of the Client’s access to the Site.

Orders for Product (s) or service (s) are made via the Site. Having a personal user account is a necessary and mandatory prerequisite for ordering Products and services on the Site.

The creation of a user account is done using the following mandatory fields: Last name, first name, address, email. The user account allows you to access a personalized interface, to manage your profile and your orders. However, in case of information.

The Customer chooses directly on the Site the Product (s) or service (s) that he wishes to order. HeaEyes™ strives to provide the most faithful visuals and descriptions possible for the Products and services. However, these visuals and illustrative texts are not contractual, the Customer cannot engage the responsibility of HeaEyes™ for this reason.

The Customer is required to provide certain information concerning him in order to validate his order. All orders must be duly filled and must contain this information strictly necessary for the order. The Customer is responsible for the veracity, accuracy and relevance of the data provided.

The Customer can make changes, corrections, additions or even cancel his order, and this, until validation of it on the summary page of the order, before payment.

Access to the Site and to the presentation of Products and services is free for the Customer. Only the order of one or more Products and services will be subject to payment of the latter.

The prices of the Products and services are mentioned on the Site in euros and all taxes included. The applicable prices are those in force on the day of the order on the Site by the Customer. The prices of the Products delivered and the services provided may vary depending on the place of delivery, the prices of the Products to destinations outside the European Union are not subject to VAT.

The prices of the Products and services and any additional costs related to the order are indicated, in a clear and understandable manner, on the summary of the order. Before placing the order, the Customer is required to confirm this summary.

4.2 Payment terms
The prices will be invoiced on the basis of the tariffs in force at the time of the order. An invoice summarizing all the Products and services ordered by the Customer as well as their respective costs will be systematically sent to the latter.

The Customer will pay the price, directly on the Site, and imperatively before any realization by HeaEyes ™, and this, according to the procedure provided for this purpose.

Payment by the Customer is a prerequisite for the validation of his order.

Failure to pay by the due date will automatically lead, without prior notice, to the suspension or invalidation of the Customer's order, without prejudice to any other course of action.

The delivery costs related to his order are indicated to the Customer before any payment of his order and only concerns deliveries made in Europe. For any other place of delivery, it will be up to the Customer to contact customer service.

Unless otherwise indicated on the Site during the ordering process or in the description of the Products ordered, HeaEyes™ undertakes in all cases to deliver the Products within a maximum period of for fifteen (15days) after the conclusion of the contract .

The Customer can refuse a package at the time of delivery if he finds an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken or damaged Products, etc.).

If the Customer's package is returned by post or by other postal service providers, HeaEyes ™ will contact the Customer upon receipt of the returned package to ask them to follow up on their order. If the Customer has mistakenly refused the package, he may request its return by paying in advance the shipping costs for the new shipment. Shipping costs must be paid even for orders whose shipping costs were offered when ordering.

Any delay in delivery compared to the date or time indicated to the consumer Client when ordering or, if no date or time is specified when ordering, greater than fifteen (15days )from the Conclusion of contract may result in the termination of the sale on the initiative of the Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having instructed HeaEyes ™ to make the delivery, it has not been executed. The Client will then be reimbursed, at the latest within ninety (90) days following the date of termination of the contract, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to force majeure.

The Consumer Customer has a period of ninety (90) days from delivery of the Products to exercise their right of withdrawal under the conditions in force referred to in the Consumer Code, without having to justify the reason or pay penalties . .

If he intends to exercise his right of withdrawal, the consumer Customer must inform HeaEyes™ of his decision to terminate the contract, either:
• Using the form available on the Site.
• by submitting any other explicit and unequivocal declaration to this effect (for example, a letter sent by registered mail with acknowledgment of receipt).

In any event, the Customer must indicate his willingness to retract unambiguously and unambiguously.

In the event of a withdrawal made on the Site by the online transmission of the withdrawal form, HeaEyes™ will send the Customer, without delay, an acknowledgment of receipt on a durable medium, to the email address indicated when ordering.

The Customer bears the direct costs of returning the Products, unless the Customer's withdrawal results from an error in the Product sent, in which case HeaEyes™ will bear the costs of return. The Customer is expressly informed that the Product concerned must be returned to HeaEyes™ in its original packaging, including the instructions transmitted and / or any accessory.

In case of exercise of the right of withdrawal by the Customer, all sums paid by the Customer will be reimbursed to him by HeaEyes™ within forty (40) days from the date on which he is informed of the decision of the Customer to retract. This reimbursement may be deferred until the date of recovery of the Products or until the consumer has provided proof of the shipment of these Products. The reimbursement will be made to the Customer's bank account directly via the Site by bank transfer or by any other means agreed between the parties.

When acting as a legal guarantee of conformity, the consumer has a period of two years from delivery of the product to act; he can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; with the exception of second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. It has two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of bringing the limitation period to lapse beyond twenty years from the date of birth of the right in accordance with article 2232 of the Civil Code.

All Products acquired on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:

7.1 Legal warranty of conformity
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have bought the Produced or would not have bought it at such a price if he had known the defect).

Complaints, requests for reimbursement for a non-conforming Product must be made by post or email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the reimbursement procedure (in particular the cost of returning the Product) will be borne by HeaEyes™.

7.2. Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have bought the Produced or would not have bought it at such a price if he had known the defect).

Complaints, requests for reimbursement for a non-conforming Product must be made by post or email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the reimbursement procedure (in particular the cost of returning the Product) will be borne by HeaEyes™.

Each party assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.

8.1 Customer responsibility
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order. HeaEyes™ cannot be held responsible for this.

The Customer is thus solely liable towards HeaEyes™ and, where applicable, third parties, for any damage, direct or indirect, of any kind whatsoever, caused by information or any other publication communicated, transmitted or disseminated to on the occasion of these, as well as any failure on his part to these contractual stipulations.

The Customer is, moreover, solely responsible for the choice of Products and services that he has ordered through the Site.

Any Customer agrees not to use the Site in contravention of all the laws, rules and regulations in force.

8.2 Responsibility of the SELLER

HeaEyes implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of Quality Products and Services. It assumes full responsibility for the Products and services it offers and sells to Customers through the Site and will only deal with potential complaints relating to said Products and services.

HeaEyes™ cannot however be held responsible for any damage, which would be attributable either to the Client, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure.

HeaEyes™ ensures the proper functioning of the Site but can in no way guarantee that it is free of anomalies or errors and that it operates without interruption.

HeaEyes™ cannot be held responsible for the non-functioning, impossibility of access or malfunction of the services of the Client’s access provider, to those of the Internet.

    “Force majeure” is defined as any event beyond the control of one of the parties and incapable of being reasonably foreseen at the conclusion of these GTCUS. Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.

Neither party will be held responsible vis-à-vis the other for non-performance or delays in the performance of an obligation arising from these Terms and Conditions which would be due to the fact of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.

The case of force majeure suspends the obligations arising from these GTCUS during the entire duration of its existence, and none of the parties may, during this period, validly claim the existence of such a case of force majeure within the meaning of the article 1218 of the Civil Code in order to justify the end of its contractual relationship with the other party. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would open the right to the automatic termination of these CGUV by one or other of the parties, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of HeaEyes™ or, where applicable, of their respective owners from whom HeaEyes™ has obtained authorizations. operating.

HeaEyes™ remains the holder of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyright relating to any other distinctive sign belonging to it.

Any reproduction and / or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and / or communication, in any form whatsoever, whether commercial or not, of all or part of the brand and / or of a work of the original spirit or data contained on the Site is strictly prohibited. The Client also refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of HeaEyes™.

The Customer is informed that the creation of his personal account on the Site as well as his order of Products and services on the Site gives rise to the collection and automated processing of personal data concerning him by HeaEyes™ whose use is subject to provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms, as amended by Law No. 2016-1321 of October 7, 2016 and European Regulation 2016/679 of April 27 2016 relating to the protection of individuals with regard to the processing of personal data and to the free movement of such data (hereinafter the “GDPR”).

HeaEyes™ makes available to the Client, on its Site, a confidentiality charter specifying all the information relating to the use of the Client’s personal data collected by HeaEyes™ and the rights which the Client has vis-à-vis this personal data.

HeaEyes™ uses “cookies” in order to obtain statistical processing by and to improve the browsing experience of the Client.

HeaEyes™ places a “cookie” on the Customer’s computer with its prior consent. The Customer has an option to refuse cookies when he visits the Site. The shelf life of this information on the Client’s computer is 13 months.

HeaEyes™ undertakes never to communicate the content of these “cookies” to third parties, except in the event of legal requisition.

The Customer can also oppose the registration of “cookies” by configuring their browser software. To do this, the Customer will configure his browser:

For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies

    The Site may include hypertext links to other sites.

HeaEyes™ cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Client would access through the Site. Furthermore, HeaEyes™ cannot therefore bear any responsibility for the content, advertisements, products and services available on or from these sites, mobile applications or external sources.

If, despite the efforts of HeaEyes ™, one of the hypertext links of the Site points to a Site or an internet source whose content was or appears not to comply with the requirements of French law to a Client, the latter s '' undertakes to immediately contact the director of publication of the site, whose contact details appear in the legal notices published on the Site, in order to communicate the address of the pages of the third party site concerned. HeaEyes ™ will then do what is necessary to remove the hypertext link concerned.

These Terms and Conditions are governed by French law.

In the event of a dispute to which these T & Cs (or one of their clauses) may give rise and / or the relations between the parties, the Consumer Client may seize at his choice, in addition to one of the jurisdictions territorially competent under the Code of civil procedure, jurisdiction of the place of residence at the time of the conclusion of the contract or the occurrence of the claim. The Professional Client must seize the Court in the jurisdiction of which the HeaEyes™ has its registered office.

According to article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have free recourse to a consumer mediator with a view to the amicable settlement of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system ”.

In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Application Decree No. 2015-1382 of October 30, 2015, any alleged consumer dispute or dispute, subject to Article L.612-2 of the Code of consumption, may be the subject of an amicable settlement by mediation with the following mediator: Mediator of the Mediation approved mediation center.

To submit his dispute to the mediator, the Client can:

(i) complete the form on the mediator's website: http://www.medicys.fr/index.php/consommateurs/; or,
(ii) send his request by simple or registered mail to the Mediator of the Médicys approved mediation center,
(iii) send an email to contact@medicys.fr.
It is recalled that mediation is not compulsory but only offered to resolve disputes by avoiding recourse to justice.

15. service
customer The customer service of this site is accessible by email to the following address: info@heaeyes.com or by post to the address indicated in the legal notices.

HeaEyes ™ also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted by phone on+1 408 8786953,

Annex 1 - Model customer withdrawal form
Withdrawal form
(Please complete and return this form only if you wish to terminate the contract.)

For the attention of societyMEDIARATI LLC HeaEyes ™ 30N Gould St Ste R Sheridan Wy 82801 USA

I hereby notify you of my termination of the contract relating to the product (s) or service (s) below:

Received on: ___________________