Terms & Conditions M'eye eStore Essilor
TERMS OF USE
(EFFECTIVE AS OF January 1, 2024)
IMPORTANT - this is a legal agreement between you ("You") and Essilor International SAS and its subsidiaries and affiliates (collectively, "EI”,"Essilor International”, "We" or "Us"), as owner of www.M’Eye e.Store.com (the “Website”). Essilor International SAS, a company incorporated in France, number of registration at the Companies Register of Creteil 439769654, with headquarters at 147 rue de Paris, Charenton-le-Pont, France.
You should read carefully the following terms of use ("TOU") as they govern your use of the Website. These TOU are subject to change by EI at any time by publishing the amended TOU to the Website. By using the Website, You accept the TOU in effect at the time of such use. Your use of this Website is expressly conditioned upon your agreement to these TOU.
LICENSE GRANT. In consideration of You agreeing to comply with these TOU, EI hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for (i) purchasing optical equipment, (ii) communicating with your local sales representatives provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy (save for back-up purposes), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
PURCHASING PRODUCTS FROM EI. This Website is mainly intended at ordering and purchasing products from your local EI representative. As a professional, You are expected to have entered into contractual arrangements with your local EI representatives for the purchasing of lenses, frames and any other optical equipment (“the Agreements”). The Agreements are exclusively applicable to Your purchases on this Website. The application of the Agreement, is exclusive of any other contractual terms (including but not limited to purchases terms and conditions) that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
In the event of conflict between these TOU and any Agreement or terms of sale:
in respect of the sale then the Agreement or terms of sale shall prevail.
in respect of the use of the Website then these TOU shall prevail
Suggested retail prices (SRP) potentially mentioned are for indicative purpose only and are not binding in any way.
We may update these TOU at any time on notice to you. Your continued use of the Website shall constitute your acceptance to any change to these TOU from time to time. If You do not wish to accept these TOU (as varied) you must immediately stop using and accessing the Website on our notice to You that these TOU have changed.
USER REPRESENTATIONS. By accessing or using the Website, You represent that You have the full authority to make purchases on behalf of Your company. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website.
PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that EI transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by EI. M’Eye E Store or Essilor International logo(s), and all other names, logos, and icons identifying M’Eye E Store are proprietary trademarks of EI and/or its subsidiaries and affiliates and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
CONTENT SUBMITTED BY YOU. From time to time We may ask you to feed the Website with some content, which may include personal and/or health information.
RESTRICTIONS. You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Websute, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. Interfering negatively with the Website's operation and performance is strictly forbidden. This license does not allow any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.
You undertake to supervise and control use of the Website and ensure that the Website is used by your employees and staff in accordance with these TOU.
You must not provide or otherwise make available the Website in whole or in part), in any form to any person other than your employees and staff without prior written consent from us;
DISCLAIMER & SEVERABILITY.
ESSILOR INTERNATIONAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE WEBSITE. THE WEBSITE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ESSILOR INTERNATIONAL DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR USE OF THE WEBSITE. ESSILOR INTERNATIONAL DOES NOT WARRANT THAT THE OPERATION WITH THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. ESSILOR INTERNATIONAL MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK. USERS ARE REQUIRED TO FOLLOW THE USER INSTRUCTIONS.
AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that EI reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, and/or (ii) disable any access to the Website.
LINKS TO OTHER SITES. The Website may facilitate access to other websites or on-line networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by EI and are maintained by third parties over which EI exercises no control. Accordingly, EI expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
INDEMNITY. By using this Website, You agree to defend, indemnify and hold harmless EI and its parent and affiliates, and their directors, employees and agents, against any claim, loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising, directly and indirectly from: (i) your use of and access to the Website (or any part thereof); (ii) any posted content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights; (iv) your violation of any applicable law or regulation. This indemnity shall survive the duration of your use of the Website.
ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to EI, such injury would not be quantifiable in monetary damages, and EI would not have an adequate remedy at law. You therefore agree that EI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these TOU that is caused by an Event Outside Our Control. An Event Outside Our Control which means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these TOU:
our obligations under these TOU will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under these TOU may be performed despite the Event Outside Our Control.
You acknowledge that the Website has not been developed to meet your individual requirements. We only supply the Website for internal use by your business, and You agree not to use the Website for any re-sale or other purposes.
We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
wasted expenditure;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation;
any special, indirect or consequential loss, damage, charges or expenses.
Our maximum aggregate liability under or in connection with these TOU under each order submitted via the Website whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the value of that order submitted to the Website.
Nothing in these TOU shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation;
any other liability that cannot be excluded or limited by French law.
These TOU set out the full extent of our obligations and liabilities in respect of the supply of the Website. Except as expressly stated in these TOU, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Website which might otherwise be implied into, or incorporated in, these TOU whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
TERM AND TERMINATION. These TOU will terminate immediately and automatically, upon our notice, if You fail to comply with the terms of these TOU.. You may also terminate this TOU at any time by ceasing all use of the Website. Your obligations contained herein will survive the termination of this TOU for any reason.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of these TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of France without regard to its conflict of laws provisions, and without prejudice to your rights under other applicable law, which cannot be otherwise excluded. We both irrevocably agree to the exclusive jurisdiction of the courts of France
INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and EI as a result of these TOU or your utilization of the Website.
NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of EI.
HEADINGS. Headings are for convenience only.