terms-and-conditions
Terms of service
Copyright and intellectual property
The website is edited by the company blacksheep.io.
blacksheep.io can be accessed freely and is open to every internet user. The purpose is the online sale of eyeglasses or sunglasses to non-trading individuals.
Acceptance of the terms and conditions of sale
These General Terms and Conditions are agreed by you from the moment you make a purchase.
That indicates you agree to the Terms and Conditions. That will have the same value as a handwritten signature. If you do not agree to these Terms and Conditions, you cannot use this Site and/or/to purchase any products or services through this Site. There might be instances in which changes to these Terms and Conditions or the Site or specific policies and conditions of the Site and sales that occur from the hereunder website, it is your responsibility to read through these Terms and Conditions upon each interaction with the Site to be certain you fully understand the rules and regulations governing usage of this Site and purchases on this Site and post-purchase protocols. Your continued access or use of the Site shall be deemed to be your acceptance of any changes to the Terms and Conditions.
The acceptance of these terms and conditions implies from the internet users that they are of legal age and have the legal ability to do so, if not they must name a curator or a tutor to act on their behalf.
Other rights or Modification of the general conditions
The hereunder general terms can be modified anytime by the website editor or his authorized representative. The general conditions applicable to the website user are the ones effective on the day of his order or his connection on the hereunder website. The editor commits full engagement to keep all of the former general terms and send them to any user requesting them.
Orders
In order to pass the order, you will have the possibility to choose one or several items and add them to their cart. The process of selecting the glasses presents itself in three steps and will appear as an estimate in the form of a recap:
1° Selecting a frame.
2° Choosing the lenses among the different options offered
3° Information about the medical prescription (correction, pupillary distance, etc.) through different forms.
When the order is complete, you can access their cart by clicking on the button meant for that purpose.
When checking the cart, you will have the possibility to verify the numbers of items as well as the type of the object they have chosen. You can also check the unit price as well as the total price of the order. You will be able to remove one or several objects from their cart and modify their options.
On the recap all the articles will be indicated. If you are satisfied with their order and they wish to confirm it, the internet users could click on the button “order now”,you will directly access the payment form. It will not be necessary for you to create a customer’s account.
From then on, you will be invited to control or modify their billing and delivery contact details, choose a means of payment then you will be invited to make their payment by being re-directed on the secured payment interface. Once the payment is received by the website editor, the latter one undertakes to acknowledge receipt of said reception to the customer through e-mail. The editor undertakes to send an e-mail with the recap of the order to the customer, confirming the process and including the information related to the order, the products purchased and their delivery.
Prices
All prices include the applicable VAT (where applicable). All prices are exclusive of delivery charges. These prices can be modified at any time by the editor, the prices shown are only available the day of the order and have no coincidence for the future. The delivery costs will be indicated to the customer before any payment. A voucher and/or discount code cannot be applied on promotional offers (Sale or other). Two discount codes cannot be applied on one single order.
Above the amount of 150E for European customers the custom fees and VAT are at the responsibility of the customer upon reception.
If a flaw is detected by the customer when receiving the order, they need to contact the customer service at [email protected].
5. Communications
5.1 You consent to receive communications from us electronically, such as emails, texts, mobile push notices, and notices and messages on or through the Services (“Push Messages”), and where required by law, we will obtain your opt-in consent to deliver such Push Messages. You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of Push Messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.”
5.2 You agree that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your Account; (ii) troubleshoot problems with your Account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding order, payment and delivery updates; (vii) send you authentication texts; or (viii) as otherwise necessary to service your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreement we may have with you. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.
5.3 If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. By signing up, you acknowledge that we may send you promotional messages or other mobile messages from or on behalf of us, including one-time passcodes, notifications regarding your orders, our promotional messages, and abandoned cart reminders (enabled by using cookies we collect as described in these Terms) at the mobile number you provide us. Opting in for a program does not entail automatic opt-in for another. Message frequency varies and carriers are not liable for any delays or undelivered messages. Message and Data Rates may apply. You acknowledge that you are not required to consent to receive marketing texts as a condition of using the Services. If you wish to opt out of SMS texts from us, you can reply STOP to the corresponding number from your mobile device receiving the messages.
5.4 If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.
5.5 Our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our Privacy Policy, your communications with us, our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your and our interests.
Title retention clause
The products and articles remain the property of the seller until complete payment of said products is made, in accordance with this title retention clause. The risks are nevertheless transferred to the buyer as of the delivery of the products.
Payment
In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE CUSTOMS, TAXES AND SHIPPING COSTS; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES. We may decline, freeze or hold your transaction for any reason, including for suspected fraud, anti-money laundering and sanctions compliance, or if we believe your transaction poses a risk to us or any third party.
Payment Processors may charge you fees for your purchases made through Blacksheep. Such processing fees will be disclosed to you via Blacksheep. Your use of the Services and the payment processing provided by the Payment Processor is subject to your agreement with the Payment Processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor.
Your payment obligations are fully fulfilled once your payment of the agreed price is received.
Conception and delivery
a) Delivery period
The delays indicated on the Shipping tab are an estimation. Know that our services are working to offer you the best delivery service possible. If your order is not delivered to you within 60 days you can send an email to our customer service at [email protected] .
If the merchant has all the information needed to honour the order (prescription etc.) the customer should count on: 6 days to 15 days to conceive tinted, progressive, photochromic lenses. Once the order is validated by our blacksheep.io team, if the customer has made a mistake choosing his options (tint, lenses, etc) he will carry the responsibility.
When the order is paid no change can be made.
Once the order is ready, an email with shipment information will be sent to the customer.
Once the package is shipped and the shipment email sent to the customer, it will no longer be possible to change the delivery address. In addition, it is the customer's responsibility to track his package on the carrier's website once the shipment email is sent to him. If he hasn't received any delivery notice from the mailman at the end of the delivery period announced on the present website, the customer needs to go to his local post office with the tracking number to pick up the package.
b) Apparent defects
The customer undertakes to check the conformity of the product ordered at delivery. Any delivery mistake regarding the order or apparent defect should be the subject of a claim, within a period of 2 days from the delivery. After this period, the product will be deemed approved by the customer, which will no longer be able to rely on an error of delivery or an apparent defect.
c) Damages and partial losses.
Claims related to the transportation products must be brought and then confirmed to the carrier and to the seller by email with request for acknowledgement of receipt and pictures of the product and packaging within three clear days from receipt of the products.
d) Return to sender
In case the customer has made a mistake on the delivery address or hasn't picked up the package on time at the local post office when delivery failed, the package will be returned to the sender. If the post office no longer has the package, the customer needs to contact the customer service at [email protected].
In this event the customer holds all responsibility and no refund will be given.
Purchasing policy
a) Website
While we strive to provide accurate information on blacksheep.io, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders or parts of orders if any information on blacksheep.io is inaccurate at any time without prior notice, including after your order has been submitted or your receipt of an order confirmation or shipping notice. You should not rely on the strike-through price in your purchase decision. If comparing prices is important to your purchase decision, you should do your own comparison before making a purchase
Please check all descriptions and restrictions regarding the product you are interested in thoroughly before you place your order. If you have any special circumstance (e.g., a medical or health condition and/or special need) that may affect or be affected by the product you wish to purchase, it is solely your responsibility to inform us before you place your order.
b)Customer Service
The Customer Service of the present site is available 7 days a week by email at the following address: [email protected]. In this case, the publisher undertakes to provide a response with a maximum of 10 days.
b) Right of withdrawal
In accordance with the law in force, the consumer has a period of 14 days from the date of delivery of the package to the request for a voucher or refund. The right of withdrawal only extends to the value of the ordered frames plus shipping fees if the order is not customized. If you have ordered a customized product you are not at all eligible for the policy. In order to exercise your retractation right, it is your sole responsibility as the customer to contact the customer service requesting either the exchange, voucher or refund. After the 14 days period is passed no refund - exchange or voucher will be possible.
Please contact the customer service via [email protected] .
c) Refund conditions
If the product was damaged by the customer this warranty is not effective.
If the corrective lenses do not match the prescription originally submitted, the customer needs to contact our optical service at [email protected] and send their prescription and pupillary distances in order for blacksheep.io team to review the issue.
If glasses are damaged during transportation, the customer contacts the customer service within 3 days and provides photos of said damage.
To qualify for these guarantees simply contact our customer service at this email address:[email protected].
In case the lenses received do not suit the customer, detailed verifications are made by our opticians between the customer’s prescription and the optical report. If the corrective values are very well applied blacksheep.io cannot be held responsible.
Refunds:
If a refund is approved by the Blacksheepvision team , the refund will be transferred within about 10 to 20 days once the products are received and processed by our service.
The customer will be reimbursed through the means of payment used when ordering.
d) Corrective lenses
If, following an investigation conducted in collaboration with the customer a manufacturing error is found, this will be the responsibility of the merchant.
In cases where an error was made by the customer when filling out the online form, or when the customer's ophthalmologist or optician has made a mistake in the prescription prescribed, it is up to the customer to take responsibility .
The eye test offered by our partners at polette is provided free of charge as part of your BlackSheep order.
Note that polette is not responsible for creating the Blacksheep order, the product you receive or the accuracy and validity of your final prescription.
For any inquiries related to your order or product, please contact BlackSheep customer support directly on the chat or via email on [email protected].
Product warranty
All the products sold on this website are sold in compliance with the legislative and regulatory provisions in force and benefit from all the approvals needed for their launching. Mandatory displays required by the legislative and regulatory provisions in force will be made on the present site, and especially in the summary quote of the order and the product form of each item.
If you encounter a sight problem with your blacksheep.io glasses, you need to contact us within 14 days after delivery of your package via [email protected]. If this amount of days is exceeded, no solution can be offered.
In the event of the defect of a product purchased on this website, customers enjoy, in accordance with local law, guarantee against vices that are immediately visible at arrival or ‘hidden’ vices. In case of an immediately apparent vice the customer has to inform blacksheep.io customer service thereof within 14 days from the date of arrival. For ‘hidden’ vices this period is extended to two months counting from the date of reception. This right is only granted in case the delivered product does not suffice in the sense of the word ‘hidden’ described in the following paragraph.
The ‘hidden’ defect being a defect of the thing which, under normal operating conditions, makes it unfit for the use for which it was intended and the obligation of compliance is defined as the handing of the contractually agreed thing, the publisher of this site is not responsible, even in the context of the conventional warranty for normal wear and tear of the products, resulting from misuse or accidental damage of the products. The customer is responsible for the care and maintenance of his products.
To exercise the aforementioned right it’s the responsibility of the customer to inform blacksheep.io customer service within 2 months of finding out about the defect via [email protected] In case the 2 months are not respected, the right to refund - exchange or voucher will expire.
YOU ACKNOWLEDGE AND AGREE THAT THE BLACHSHEEPVISION PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BLACHSHEEPVISION PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU ON OR THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.
LIMITATION OF LIABILITY
1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BLACKSHEEP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR (B) YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO ACCESS OR USE THE SERVICES OR THE PURCHASE AND USE OF PRODUCTS OFFERED ON OR THROUGH THE SERVICES, EVEN IF WE OR ANY OTHER PERSON HAS FORESEEN OR BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A BLACKSHEEP PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
2 THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USER OF THE SERVICES.
4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT FOR WHICH THE Blacksheep PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABIITY; (B) $100.00; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILTY SHALL NOT APPLY TO LIABLITY OF A Blacksheep PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT FOR YOU TO PROVE ACTUAL DAMAGES.
5 CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND US.
Cookies
In order to allow all the internet users an optimal browsing on the present site, as well as a better functioning of the different devices and applications, the editor might proceed to implant a cookie on the computer of the user. This cookie is used to store information related to browsing on the site, (date, page, hours) as well as any potential data entered by the internet users during their navigation. (searches, login, email, password).
These cookies are meant to be stored on the internet user’s computer for an unknown duration up to no cookie, and can be read and used by the publisher during a subsequent visit by the user on the present site. The user has the ability to block, modify the retention period, or delete this cookie through its browser’s device. (usually: tools or options / privacy or confidentiality) In such a case, the navigation on the present site will not be optimized. If the systematic disabling of cookies on the internet user’s browser prevents him from using certain services or functionalities provided by the publisher, this malfunction cannot in any way constitute damage to the customer who will not be entitled to any compensation as such.
Intellectual property policy
All the elements establishing this site belong to the editor and are, as such, protected by intellectual property legislation. Therefore, internet users recognize that, in the absence of authorization, any total or partial copy and any dissemination or operating one or several of these elements, even modified, will be likely to give rise to legal action taken against you by the publisher. This protection will be on every contents of the site: texts and graphics but also on its structure, its name and its corporate identity and style guide.
Jurisdiction
These Terms of Service are subject to the application of the local law in the country of delivery and the exclusive authority of its courts. The language of the contract is English. Unless public order provisions, all disputes that may arise in the execution of these general conditions may, before any legal action, be subject to the discretion of the editor of the site in order to settle. It is expressly reminded that claims for settlement shall not suspend open deadlines for instituting legal proceedings.
Void provision and non waiver clause
If one of the clauses of the present general conditions were to be declared void by a court decision, this nullity cannot take away the nullity of all other clauses, which would continue to produce their effect. The fact, for the editor, not to rely temporarily or permanently of one or more clauses of these general conditions prevail any waiver to take advantage of the rest of the General conditions.
