GENERAL TERMS AND CONDITIONS OF SALE

SkyGear - Sports Protective Glasses

Last updated: November 2024

ARTICLE 1 - LEGAL INFORMATION

Company name: Sylvain ONOFRI - Micro-entrepreneur

Trademark: SkyGear (registered trademark at INPI No. 174395558, registered under the name Skyairsoft)

SIRET: 795 341 213 00010

RCS: Melun 795 341 213 (registered on 25/11/2015)

Status: Self-employed individual not subject to VAT according to article 293 B of the French General Tax Code (CGI)

Address :

280 A Dublin Street

77550 Moissy-Cramayel

France

Contact :

Telephone: 06 89 43 85 05

Email: contact@skygear.fr

Website: https://skygear.fr

Website host:

OVH SAS

2 rue Kellermann - 59100 Roubaix - France

RCS Roubaix Tourcoing 424 761 419 00045

Telephone: 1007 (from France)

ARTICLE 2 - PURPOSE AND SCOPE

These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relationship between:

  • The Seller : Sylvain ONOFRI, operating the SkyGear brand
  • The Customer : any individual or legal entity making a purchase on the website skygear.fr

These terms and conditions apply to all orders placed on the website https://skygear.fr.

All orders imply unreserved acceptance of these Terms and Conditions. The applicable Terms and Conditions are those in effect on the date the order is placed.

SkyGear reserves the right to modify its Terms and Conditions at any time. Modifications do not apply to orders already confirmed.

ARTICLE 3 - PRODUCTS

SkyGear markets:

  • Sporty and urban sunglasses (full frames)
  • Interchangeable replacement screens
  • Custom branches (classic or flag designs)
  • Accessories (cases, microfiber cloths, etc.)

The products are described as accurately as possible. The photographs and descriptions on the website are as faithful as possible but cannot guarantee a perfect reproduction of colors and details.

ARTICLE 4 - ORDER

4.1 Ordering Process

To place an order, the Customer must:

  1. Select the desired products
  2. Add them to cart
  3. Complete the identification form (all fields are mandatory):

    First and last name
    E-mail address
    Phone number
    Billing address
    Delivery address (if different)

  4. Choose the delivery method
  5. Proceed to payment
  6. Confirm the order

4.2 Order Validation

Order confirmation results in:

  • Acceptance of these Terms and Conditions
  • The Client's firm commitment to pay the stated price
  • The formation of a sales contract

The Customer immediately receives an order confirmation email summarizing:

  • The products ordered
  • The total price (including VAT)
  • The delivery address
  • The estimated delivery time

4.3 Product Availability

Products are sold while stocks last.

If a product becomes unavailable after an order has been placed, SkyGear will inform the Customer as soon as possible by email and offer the following alternatives:

  • A substitute product of equivalent quality and price
  • Order cancellation with full refund within 14 days

ARTICLE 5 - PRICE

5.1 Product Prices

Prices are shown in euros (€) inclusive of all taxes (TTC) , including applicable French VAT.

The prices shown do not include shipping costs , which are added at the time of basket validation and clearly indicated before payment.

SkyGear reserves the right to change its prices at any time. The applicable prices are those in effect at the time the order is validated.

5.2 Shipping costs

Shipping costs vary depending on:

  • The delivery destination
  • The weight of the package
  • The chosen delivery method

Free delivery in mainland France for all orders over €80.

For international deliveries, shipping costs are calculated automatically during the ordering process.

5.3 Taxes and customs duties (international deliveries)

For deliveries outside the European Union, customs duties, local taxes, and clearance fees may be payable upon receipt of the package. These charges are the sole responsibility of the customer and are the responsibility of the customs authorities of the destination country.

SkyGear cannot be held responsible for delays or costs related to customs formalities.

ARTICLE 6 - PAYMENT

6.1 Accepted payment methods

SkyGear accepts the following payment methods:

  • PayPal (PayPal account or bank card via PayPal)
  • Bank card (via Payplug: Visa, Mastercard, American Express)
  • Bank transfer (on request, details provided by email)

6.2 Payment Security

All credit card payments are secure. Bank details are transmitted in encrypted form (SSL protocol) and are never stored by SkyGear.

6.3 Payment Validation

The order is only considered final after confirmation of payment by the bank or PayPal.

In case of payment refusal, the order is automatically cancelled.

ARTICLE 7 - DELIVERY

7.1 Delivery Area

SkyGear delivers worldwide.

7.2 Delivery times

Metropolitan France:

  • Shipping within 24-48 hours after payment confirmation (orders placed in the morning = same-day shipping; afternoon orders = next-day shipping)
  • Delivery within 2 to 5 business days after dispatch

Overseas and international:

  • Delivery times vary depending on the destination (generally between 5 and 15 working days)

These delivery times are given as a guide and may vary during periods of high activity (sales, end-of-year holidays).

7.3 Shipping Method

Orders are shipped via Colissimo Tracking (La Poste) with tracking number provided by email.

7.4 Order Receipt

IMPORTANT: Upon receipt of the package, the Customer must check the condition of the package and the products in the presence of the delivery person .

In case of damaged packages or deteriorated products:

  • Refuse the package OR
  • Accept the package WITH WRITTEN AND Detailed RESERVATIONS on the delivery slip (specify the damage observed)

⚠️ The phrase "subject to unpacking" has no legal value.

Any claim regarding a damaged package must be made:

  • By email to contact@skygear.fr within 48 hours of receipt
  • By registered letter with acknowledgment of receipt within 14 days of receipt, accompanied by photos of the damage and the annotated delivery slip.

7.5 Failure to deliver

If the package is not received within the expected timeframe, the Customer must contact SkyGear by email at contact@skygear.fr or by phone at 06 89 43 85 05.

SkyGear is committed to handling all complaints as quickly as possible and finding a suitable solution (return, refund).

7.6 Force majeure

SkyGear is released from its delivery obligation in the event of force majeure or events beyond its control: strikes (internal or by carriers), natural disasters, epidemics, popular movements, acts of war, transport blockages, etc.

ARTICLE 8 - RIGHT OF WITHDRAWAL (14 DAYS)

In accordance with Articles L221-18 et seq. of the Consumer Code, the Customer has a period of 14 days to exercise their right of withdrawal without having to justify reasons or pay penalties.

8.1 Right of withdrawal

The 14-day period begins from the day of physical receipt of the products by the Customer (or a third party designated by him, other than the carrier).

8.2 Exercising the right of withdrawal

To exercise their right of withdrawal, the Customer must notify SkyGear of their decision by:

  • Email to : contact@skygear.fr
  • Postal mail to :

    SkyGear - Sylvain ONOFRI

    280 A Dublin Street

    77550 Moissy-Cramayel

    France

The Customer may use the withdrawal form below or any other clear statement expressing their wish to withdraw.

8.3 Product Returns

The Customer has 14 days from the notification of their withdrawal to return the products.

Return conditions:

  • Products must be returned in their original condition.
  • Unworn, unused, undamaged
  • In their complete original packaging (case, inner packaging, instructions, accessories)
  • Accompanied by a copy of the invoice

Return address:

SkyGear - Sylvain ONOFRI

280 A Dublin Street

77550 Moissy-Cramayel

France

⚠️ Returns sent "postage due by recipient" or "cash on delivery" will be refused.

8.4 Return costs

Return shipping costs are the responsibility of the Customer , unless SkyGear agrees to cover them or failed to inform you that these costs were your responsibility.

SkyGear recommends using Colissimo Tracked shipping with insurance to secure the return.

8.5 Reimbursement

After receiving and verifying the conformity of the returned products, SkyGear will reimburse the Customer for all sums paid (price of the products + standard delivery charges), within a maximum of 14 days from:

  • Receiving the returned products, OR
  • Receipt of proof of shipment of the products by the Customer (the date most favorable to the Customer being retained)

The refund will be made using the same payment method as the one used for the order, unless the Customer expressly agrees to another payment method (which must not incur any costs for the Customer).

⚠️ SkyGear reserves the right to defer the refund until the products have been received or until the Customer has provided proof of shipment.

8.6 Exceptions to the right of withdrawal

The right of withdrawal does not apply to the following products:

  • Unsealed, worn or used
  • Damaged or deteriorated due to the Client
  • Customized or made to measure (if applicable to certain branches customized upon specific request)

STANDARD WITHDRAWAL FORM

(To be completed and returned only if you wish to withdraw from the contract)

To the attention of:

SkyGear - Sylvain ONOFRI

280 A Dublin Street

77550 Moissy-Cramayel

France

Email: contact@skygear.fr

I/We ( ) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods listed below:

Order number: ....................................

Ordered on: ....../....../......

Received on: ....../....../......

Product(s) concerned: ....................................

Customer Name: ....................................

Customer Address: ....................................

....................................

Signature (only in the case of paper notification):

Date : ....../....../......

(*) Delete as appropriate.

ARTICLE 9 - GUARANTEES

9.1 Legal guarantee of conformity

In accordance with articles L217-4 et seq. of the Consumer Code, SkyGear guarantees the conformity of the products sold.

Duration: 2 years from the date of delivery of the goods.

The Client can obtain:

  • Product repair
  • Product replacement
  • Failing that, a price reduction or cancellation of the sale with a refund

The property conforms to the contract if:

  • Is fit for the purpose for which similar goods are normally used
  • Matches the description given by the seller
  • Presents the advertised qualities (sample, model, advertisement)
  • It exhibits the characteristics defined by mutual agreement.

9.2 Warranty against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the Client may request:

  • Full refund (return of the price and reimbursement of expenses)
  • A price reduction (product retained with partial refund)

Time limit: Warranty claim must be filed within 2 years of discovering the defect.

9.3 SkyGear Commercial Warranty

In addition to the legal guarantees, SkyGear offers a 2-year commercial guarantee from the date of delivery.

This guarantee covers:

  • Manufacturing defects
  • Material defects
  • Assembly or mounting defects

Exclusions from the commercial warranty:

  • Normal wear and tear of the products
  • Damage resulting from abnormal, abusive, or improper use, or use not in accordance with instructions
  • Damage caused by a fall, impact, or accident
  • Scratches on the screens (normal wear and tear)
  • Modifications made by the Client

9.4 Implementation of the guarantee

To activate the warranty, the Customer must:

  1. Contact SkyGear by email (contact@skygear.fr) or phone (06 89 43 85 05)
  2. Describe the problem observed (photos appreciated)
  3. Provide proof of purchase (invoice, confirmation email)

SkyGear examines each request and offers a suitable solution: repair, exchange, refund.

The customer is responsible for the return shipping costs for exchange or repair under warranty.

9.5 Warranty extension in case of immobilization

In accordance with Article L217-28 of the Consumer Code, any period of immobilization of at least 7 days for repair under warranty is added to the remaining warranty period.

ARTICLE 10 - RETENTION OF TITLE

In accordance with the law of May 12, 1980, SkyGear retains ownership of the products sold until full payment of the price .

In the event of total or partial non-payment, SkyGear reserves the right to demand the immediate return of the delivered products, at the Client's expense, risk and peril.

ARTICLE 11 - PERSONAL DATA (GDPR)

11.1 Data Controller

Sylvain ONOFRI, operator of SkyGear, is responsible for the processing of personal data collected on the website skygear.fr.

11.2 Data collected

SkyGear collects the following data:

  • Identity: last name, first name
  • Contact information: postal address, email, telephone
  • Order details: products purchased, amounts, dates
  • Connection data: IP address, cookies

11.3 Purposes of the processing

The data is used for:

  • Order management and customer relationship management
  • Sending commercial information (with consent)
  • Improving the service and the website
  • Compliance with legal and accounting obligations

11.4 Shelf life

The data is stored:

  • 3 years from the last contact for prospects
  • 10 years from the date of order for accounting obligations
  • 3 years after the end of the business relationship for customers

11.5 Customer Rights

In accordance with the GDPR, the Client has the following rights:

  • Right of access : to obtain confirmation that data is being processed and to access it
  • Right to rectification : correcting inaccurate data
  • Right to erasure : request the deletion of your data
  • Right to restriction of processing : limiting processing in certain cases
  • Right to object : to object to processing for legitimate reasons
  • Right to data portability : to retrieve your data in a structured format

To exercise these rights, please contact: contact@skygear.fr

11.6 Complaint

In case of difficulty, the Client may file a complaint with the CNIL (National Commission for Information Technology and Civil Liberties): www.cnil.fr

ARTICLE 12 - INTELLECTUAL PROPERTY

All elements of the skygear.fr website (texts, images, logos, videos, design, structure) are protected by intellectual property rights.

The SkyGear brand is registered with the INPI (No. 174395558).

Any reproduction, representation, modification, publication or adaptation, in whole or in part, without the express permission of SkyGear is strictly prohibited and constitutes an infringement.

ARTICLE 13 - MEDIATION AND DISPUTE RESOLUTION

13.1 Consumer Mediation

In accordance with Articles L611-1 et seq. of the Consumer Code, in the event of a dispute, the Customer may resort free of charge to a consumer mediator.

Mediator appointed by SkyGear:

SAS Mediation Solution

Registration number: 31056/VA/2111

Contact details :

222 Chemin de la Bergerie

01800 Saint-Jean-de-Niost

France

Telephone: 04 82 53 93 06

Email: contact@sasmediationsolution-conso.fr

Website: https://www.sasmediationsolution-conso.fr

Conditions for referral:

  • An attempt at a prior amicable resolution with SkyGear must have been made.
  • The request must be made within a maximum of one year after the written complaint to SkyGear.
  • The dispute must not have already been examined or be currently being examined by a court.

Documents to be provided:

  • Full contact details of the Client (postal address, telephone number, email address)
  • Name and address of SkyGear + registration number with the mediator
  • A concise and clear statement of the facts and the request
  • Copy of the prior complaint sent to SkyGear
  • All supporting documents (order, invoice, email exchanges, etc.)

13.2 European Online Dispute Resolution Platform

The Customer may also use the European online dispute resolution platform accessible at the following address:

https://ec.europa.eu/consumers/odr/

13.3 Jurisdiction

In the event of failure of mediation, any dispute relating to the interpretation or execution of these Terms and Conditions shall fall under the jurisdiction of the French courts.

The consumer client may choose to enter:

  • The court of the place where he resided at the time the contract was concluded
  • The court of the place of actual delivery
  • The competent court according to the Code of Civil Procedure

Applicable law: French law.

ARTICLE 14 - LANGUAGE AND ACCEPTANCE

These Terms and Conditions are written in French. In the event of a translation, only the French version shall prevail.

Placing an order on the website skygear.fr implies full and complete acceptance of these Terms and Conditions.

ARTICLE 15 - PARTIAL INVALIDITY

If one or more provisions of these Terms and Conditions are declared null and void or unenforceable, the other provisions shall remain in full force and effect.

ARTICLE 16 - CONTACT

For any questions relating to these Terms and Conditions or to an order:

SkyGear - Sylvain ONOFRI

280 A Dublin Street

77550 Moissy-Cramayel

France

Email: contact@skygear.fr

Telephone: 06 89 43 85 05

Website: https://skygear.fr

Done at Moissy-Cramayel, on [Date posted online]

Sylvain ONOFRI

SkyGear Manager

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