PRIVACY POLICY & COOKIES
1. GENERAL
The present General Terms and Conditions of Sale ("GTCS") apply to any sale of products (frames and/or lenses and/or parts and/or accessories) and to any provision of services (together the "Products") by MMC'EYEWEAR. Any order issued by a reseller or a centralized purchasing structure (together "Distributor") or any acceptance of a sales offer from MMC'EYEWEAR by a Distributor implies adherence to these GTC and waiver by the Distributor of its own general terms and conditions of purchase or any other unilateral document of the Distributor, unless expressly agreed by the parties. The fact that MMC'EYEWEAR does not avail itself of any provision of these GTC at a given time shall not be interpreted by the Distributor as a waiver of its right to do so at a later date. As part of the dematerialisation policy, a certain number of documents and information are communicated to the Distributor by posting on the https://www.stevemcqueen-eyewear.com website (in particular, price lists). The Distributor therefore undertakes to visit the site regularly in order to take note of the information and documents published there and their updates.
2. Changes
The GTC may change over time. In particular, they are reviewed each year, failing which the current terms shall remain applicable. Any modification that MMC'EYEWEAR may make to the GTC shall be brought to the Distributor's attention by mailing or posting on the https://www.stevemcqueen-eyewear.com website, which it is the Distributor's responsibility to consult on a regular basis.
3. Controls
3.1 All orders must be sent to MMC'EYEWEAR: by e-mail adv@mmceyewear.com; by telephone: +33 (0)4 91 33 40 52; at trade fairs/showrooms or through our sales agents.
3.2 Orders placed by the Distributor are firm upon confirmation by MMC'EYEWEAR. In the absence of any express confirmation by MMC'EYEWEAR within four (4) working days, orders placed shall be deemed firm. Presentation for delivery shall in all cases constitute confirmation of the order by MMC'EYEWEAR. Firm orders cannot be modified or cancelled by the Distributor. Goods must be received and corresponding invoices paid. The fact that MMC'EYEWEAR accepts in certain cases cancellations or modifications of orders for commercial reasons does not create a right to cancellation or modification of orders for the Distributor. MMC'EYEWEAR's offers are only binding upon MMC'EYEWEAR in the event of confirmation by MMC'EYEWEAR of the order placed.
4. Mmc'eyewear tools for distributors
MMC'EYEWEAR has set up various tools for Distributors, which vary according to their annual order volume. A description of these tools is available on the https://www.stevemcqueen-eyewear.com website in the space dedicated to Distributors.
5. Prices and discounts
5.1 The Products are invoiced at the price in force on the day of the order, except in the case of a manifestly anticipated order.
ou inhabituelle par rapport à la date de livraison demandée par le Distributeur, cas dans lequel les Produits seront facturés selon le prix en
vigueur au jour de la livraison des Produits. Les tarifs pratiqués par MMC’EYEWEAR peuvent être modifiés à tout moment. Le Distributeur
pourra obtenir à tout moment auprès des agents commerciaux de MMC’EYEWEAR ou en se rendant sur le site :
//www.stevemcqueen-eyewear.com the current price list.
5.2 Prices are quoted in euros excluding tax for mainland France, including packaging and excluding delivery costs.
5.3 Any discounts or rebates granted by MMC'EYEWEAR on any purchase of Products shall only be granted subject to the following conditions
full payment of the invoice(s) to which they relate, it being stipulated that discounts or rebates are granted
only to Distributors who have not had any late payments or other payment incidents in the last 12 months
who have strictly complied with the obligations arising from the selective distribution agreements applicable to certain brands.
If this is not the case, MMC'EYEWEAR will be entitled to cease the application of the agreed discounts or rebates, or even suspend or cancel the contract.
interrupt the supply, upon notification by registered letter with acknowledgement of receipt. This notification may be given
fifteen (15) days after formal notice to perform has remained without effect, even partially, or without formal notice in the event of non-performance
repeated breaches of its obligations by the Distributor. Discounts already earned will therefore be retained. On the other hand, purchases made after the
notification will not be eligible for discounts and will not be taken into account when calculating the rebate trigger threshold; and
will not be included in the rebate base.
5.4 Any claim concerning a discount, rebate and the provision of or payment for a service must be notified by the Distributor to
to MMC'EYEWEAR within a period of twelve (12) months from the due date, after which date any claim shall be barred.
5. Categories of Persons with Access to Information:
6.1 It is the Distributor's responsibility to facilitate delivery and, in the event that the Distributor or its agents are absent at the time of delivery, to collect the Products from the carrier at the Distributor's expense as soon as possible and, in any event, within the time limit set for this purpose by the carrier,
MMC'EYEWEAR will charge the cost of transport, without prejudice to all
other costs, and in particular the cost of returning and resending the Products to MMC'EYEWEAR which shall be borne entirely by the
Distributor. In addition, in the event of failure to take delivery or to collect the products 15 days after the first presentation of a formal notice sent by MMC'EYEWEAR to the Distributor by registered letter with acknowledgement of receipt, MMC'EYEWEAR shall be entitled to cancel the order for the Products concerned by the failure to take delivery to the exclusive detriment of the Distributor. The amount of the corresponding invoice will then be due by the Distributor and MMC'EYEWEAR may retain any advance payments made, as a penalty clause, in addition to compensation for all losses suffered as a result. 6.2 Delivery times indicated by MMC'EYEWEAR to the Distributor are given for information only. In the event of late delivery in relation to the time indicated, the Distributor shall not be entitled to refuse to accept delivery of the Products and to cancel the order as a consequence in the event that MMC'EYEWEAR has expressly agreed to a firm deadline, (i) the delay exceeds
5 working days with respect to the date indicated and the Distributor, having been informed of the possible delay in delivery, has not expressed its (ii) in the event that delivery is not made 5 days after the Distributor has sent a formal notice to deliver to MMC'EYEWEAR. Penalties or compensation may only be claimed if they have been expressly agreed between the parties.
6.3 MMC'EYEWEAR may make partial deliveries of Products ordered, without increasing the shipping costs for the Distributor.
6.4 The unloading of delivered Products and the opening of packages are carried out by the Distributor's reception services and under its sole
responsibility.
6.5 Deliveries are made free of charge to a single location for Distributors who have purchased more than 20,000 euros in the previous calendar year
and/or for all orders placed on the website https://www.stevemcqueen-eyewear.com. Otherwise, a flat-rate charge of 4.90
euros are charged per order.
6.6 Upon delivery, the Distributor must ensure that the Products delivered to it comply with the order, in particular
the absence of products and the condition of the packages. Given the nature of the Products, particular attention must be paid to these
checks must be carried out in the presence of the carrier when the packages are handed over. In order to exercise the right of recourse to
With regard to the carrier referred to in Article L 133-3 of the French Commercial Code, the Distributor must confirm its reservations and protests with the carrier
from the carrier, by extrajudicial act or by registered letter with acknowledgement of receipt, within 3 (three) days, not including public holidays,
following the day on which the Products are received, and send a copy to MMC'EYEWEAR the same day by registered post or by email to the following address
adv@mmceyewear.com subject to the Distributor ensuring that the information has been received. The Distributor must then
MMC'EYEWEAR by email doubled on the same day by sending a registered letter with acknowledgement of receipt if the Distributor
has not received from MMC'EYEWEAR an acknowledgement of receipt of his complaint by email. If no complaint is made within
conditions above, the Distributor will be deemed to have definitively and irrevocably accepted all of the Products delivered and will have to pay
the corresponding invoice.
6.7 Requests to return Products must be submitted to MMC'EYEWEAR's prior written consent. In case of return
for delivery that does not conform to the order or for an apparent defect in the products, and unless otherwise indicated in the return authorisation, the customer will not be entitled to any compensation.
Distributor will have a maximum of 8 (eight) days after approval of the return to actually return the products, unless he informs MMC'EYEWEAR.
difficulty in organising the return within this period for serious reasons Failing this, the return will not be accepted and the invoice will be cancelled.
due in full.
6.8 If MMC'EYEWEAR agrees to the return of the goods, MMC'EYEWEAR will assign an authorisation number (AUT) to the goods.
which will identify the number of Products to be returned. Without this AUT number, parcels sent to MMC'EYEWEAR will be refused and the transport of the Products will be refused.
these will be re-invoiced to the sender. The Distributor must return the authorised Products in accordance with the conditions indicated on
the authorisation itself.
6.9 The equivalent value of Products returned to MMC'EYEWEAR following the issue of the Authorisation Number (AUT), (and excluding cases of return of
for lack of conformity or defect of the products), and subject to prior express acceptance of this return by MMC'EYEWEAR, will be refunded.
compensated by the provision to the Distributor of a credit note equal to the purchase price of the Products less 10% if the invoice is less than 12
months, 30% if delivery is more than 13 months but less than 24 months, 80% if delivery is more than 25 months and up to 36 months,
100% if delivery is more than 37 months.
The fact that MMC'EYEWEAR accepts returns for commercial reasons in certain cases does not create a right of return for the
distributor.
7. Facturation et paiement
7.1 As part of the dematerialisation policy, invoices are drawn up in PDF format and sent to the Distributor by e-mail. (However, paper invoices are also sent in parcels, to be reviewed).
7.2 MMC'EYEWEAR's invoices must be paid within 30 (thirty) days end of month from the date of issue of the invoice. In the case of a periodic invoice within the meaning of article 289, paragraph 3 of the French General Tax Code, this period may not exceed the legal maximum of 45 (forty-five) days net from the date of issue of the invoice.
7.3 Payments, with the exception of those made in cash before shipment of the Products, will be made by default by SEPA direct debit in the name of Steve McQueen Eyewear via GoCardless SAS on the basis of prior authorisation given by the debtor, evidenced by a mandate and notified by e-mail before direct debit. (To be reviewed)
7. 4 Cash payment prior to shipment may be required in the following circumstances: (i) for the Distributor's first orders, unless a guarantee is accepted in writing by MMC'EYEWEAR, (ii) if the Distributor's outstanding balance exceeds the outstanding amount applicable to the Distributor, (iii) in the event of payment incidents during the previous 12 months, (iv) in the event of orders for specific Products, (v) if the Distributor is the subject of a procedure for settling company difficulties under Book VI of the French Commercial Code, in compliance with the applicable mandatory provisions.
7.5 Except in the cases referred to in the above article, in the event of payment of the total amount of the invoice in cash or within fifteen days after the date of issue of the invoice, MMC'EYEWEAR shall grant the Distributor a flat-rate discount of 0.5% on the amount of the invoice thus paid, provided that the Distributor has no outstanding amounts in arrears.
7.6 In the absence of MMC'EYEWEAR's prior written agreement, the Distributor shall not benefit from any deferment of the invoice payment date.
7.7 Payments must correspond exactly to the invoices issued. Any claims or disputes shall not justify suspension of payments, and/or unilateral deductions or compensation at the initiative of the Distributor without the prior written consent of MMC'EYEWEAR, but shall be analysed on a case-by-case basis by MMC'EYEWEAR and shall be discussed with the Distributor. Unilateral suspensions, deductions or compensations constitute abusive practices within the meaning of article L.442-1 of the French Commercial Code and shall be considered as a default of payment.
8. Late or non-payment
8.1 Any delay in payment will automatically, from the day following the payment deadline indicated on each invoice until the complete payment of the latter, result in the application of a late payment interest on the total amount including taxes (VAT) at the legal rate corresponding to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 (ten) percentage points. Any delay in payment will also automatically trigger the application of a flat-rate recovery fee of 40 euros per invoice and the reimbursement of expenses incurred for the recovery, upon presentation of supporting documents, if they exceed this flat-rate fee.
8.2 In addition, in case of default in payment of an invoice on its due date, MMC'EYEWEAR shall be entitled, without prior notice:
- to declare the forfeiture of the term and consequently the immediate demandability of all sums remaining due to MMC'EYEWEAR, even if not yet due,
- and/or to claim the restitution of unpaid Products at the expense (transport, inspection, etc.) and risk of the Distributor,
- and/or to declare the resolution of the sale automatically due to the Distributor's non-performance,
- and/or to suspend and/or waive the performance of ongoing sales, orders, and/or deliveries,
- and/or to set off the amounts due against any sum owed to the defaulting Distributor for any reason,
- and/or to demand cash payment for future sales or the provision of a guarantee,
- and/or to exclude the amount of unpaid invoices from the calculation of triggering thresholds and the basis for discounts, rebates, and other service remunerations;
This is without prejudice to any other recourse provided for in these Terms and Conditions or by law.
9. Product distribution
9.1 Certain brands of the products marketed by MMC'EYEWEAR are governed by selective distribution contracts, and as a result, resellers are subject to approval. The distribution of these products (in physical retail outlets and/or online) requires special attention and is conditioned upon the acceptance and adherence to the guidelines set by the brands and the terms of the selective distribution contract. In all cases, the products offered by MMC'EYEWEAR must be marketed under conditions that respect their technical characteristics, design, and image, and, in any case, in compliance with the graphic standards of the various brands. Similarly, communication elements related to MMC'EYEWEAR products or brands must be used appropriately, for the purposes for which they were designed and only during the periods for which they were intended. The Distributor undertakes these commitments and acknowledges that MMC'EYEWEAR may refuse to deliver products if marketing conditions contradict these principles or in the absence of the signing of a selective distribution contract.
9.2 The Distributor undertakes to respond to any request for information regarding the marketing modalities of the products and to allow any investigation in this regard by any agent designated by MMC'EYEWEAR or by an intellectual property rights holder for the products marketed by MMC'EYEWEAR.
10. Force majeure and unforeseen circumstances
MMC'EYEWEAR is committed to safeguarding user information. The password serves as one of the mechanisms for account protection; hence, users are encouraged to use a sufficiently secure password, store it securely, limit access on their personal computers and browsers, and log out after visiting the site. MMC'EYEWEAR is dedicated to ensuring the security of information received from users. All provided personal data is stored on secure servers and within its internal systems. Appropriate security measures are employed by MMC'EYEWEAR to protect information against unauthorized access, modification, circulation, or distribution. To prevent unauthorized access, maintain data accuracy, and ensure the proper use of information, MMC'EYEWEAR implements suitable physical, electronic, and managerial procedures to safeguard and protect the information and data stored in its system. The handling of this information is guided by the purposes for which it was collected, user consent, and applicable privacy protection regulations.
11. Garantie
11.1 MMC'EYEWEAR exclut toute garantie pour les défauts visibles que le Distributeur n'a pas invoquée conformément aux dispositions des présentes Conditions générales.
11.2 Hidden defects are guaranteed by MMC'EYEWEAR for the duration of the consumer warranty rights against their seller under mandatory French legal provisions, provided that MMC'EYEWEAR is informed of the warranty claim or the risk of a warranty claim immediately after the Distributor becomes aware of it. It is understood that the warranty can only take effect if the product is affected by a defect and not in cases where the defect results from another cause, such as improper storage or handling, normal wear and tear not carried out in accordance with industry standards, or the use of inadequate or poor-quality parts.
11.3 In any case, the warranty provided by MMC'EYEWEAR covers only the replacement and repair of defective parts or, if for any reason this proves impossible, the exchange for an identical or similar product in the absence of available stock, or the refund of the paid price, excluding the repair of any direct or indirect damage. MMC'EYEWEAR and the Distributor will, however, cooperate to ensure the best service to consumers, particularly in cases where a change of frame would involve a change in corrective lenses.
12. Reservation of ownership
12.1 MMC'EYEWEAR retains ownership of the products delivered to the distributor until the amount of the corresponding invoices has been fully settled, both in principal and interest. However, all risks associated with the products are transferred to the distributor upon delivery, and the distributor assumes the responsibility for risks and custody of the products from that moment, despite the retention of ownership. 12.2 In case of non-payment, total or partial, of an invoice, MMC'EYEWEAR reserves the right to immediately demand, at the distributor's expense, the return of all products specified in the relevant invoice. In such a case, the sale associated with it will be automatically terminated, and MMC'EYEWEAR will permanently retain the advances already paid by the distributor.
12.3 In the event that products subject to this retention of ownership clause have been resold, the distributor shall be deemed to have made these sales on behalf and for the account of MMC'EYEWEAR. Consequently, the distributor must remit to MMC'EYEWEAR the portion of the selling price of the products in question corresponding to the unpaid purchase price.
12.4 In the event that the distributor becomes subject to any insolvency proceedings, MMC'EYEWEAR reserves the right to automatically reclaim all products that have not been paid for by the distributor and are still in stock with the distributor as of the date of the commencement of the insolvency proceedings.
13. Personal data
13.1 Data relating to holders
It is the responsibility of the Distributor (hereinafter referred to as 'the Buyer') and MMC'EYEWEAR to comply with the provisions of Law No. 78-17 of January 6, 1978, as amended, known as the 'Data Protection Act,' the Regulation (EU) No. 2016/679 of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, and any other rules, standards, codes, references, and guides applicable to data processing (hereinafter collectively referred to as 'Personal Data Regulations'). For example, this compliance may involve facilitating the transmission of personal data related to the wearer to MMC'EYEWEAR, particularly for the fulfillment of its contractual obligations. The Buyer is qualified as the 'data controller,' and MMC'EYEWEAR as the 'processor' within the scope of the Personal Data Regulations.
MMC'EYEWEAR commits to:
Process personal data only on documented instruction from the Buyer, including regarding the transfer of personal data to third countries outside the European Union. Unless otherwise specified, documented instructions are deemed to be the purchase orders provided by the Buyer to MMC'EYEWEAR.
Promptly notify the Buyer if, in its opinion, an instruction violates Personal Data Regulations.
Ensure that its personnel processing personal data are under a legal or contractual obligation of confidentiality and are adequately trained on the Processing and technical and organizational security measures.
Take all necessary measures to ensure a level of security for the Processing appropriate to the risks that may affect personal data, including protecting personal data against destruction, loss, alteration, unauthorized disclosure, or access, as well as against any other form of unlawful processing.
Inform the Buyer in writing of any Personal Data Breach affecting or concerning the entrusted Personal Data, as soon as it becomes aware of it, and provide the Buyer, without undue delay as it becomes aware, with all necessary elements (i) for the fulfillment of the Buyer's legal or regulatory obligations regarding the notification of Personal Data Breaches to the Supervisory Authorities and/or the Data Subjects, and (ii) to remedy the Personal Data Breach or limit its consequences.
Assist the Buyer, through appropriate technical and organizational measures, in fulfilling its obligation to respond to requests from Data Subjects exercising their rights under the Personal Data Regulations (rights of access, modification, rectification, deletion, objection to processing, etc.).
Assist the Buyer in fulfilling its obligation to assess the risks related to the processing of personal data (impact assessments).
At the end of the data retention period, delete all personal data unless it is required to comply with a legal obligation to retain a copy of the personal data.
Provide the Buyer with all strictly necessary information to demonstrate compliance with the obligations set forth in the Personal Data Regulations and to allow for audits, including inspections, by the Buyer or another auditor appointed by the Buyer, and contribute to these audits (after the prior signing of specific confidentiality commitments submitted by MMC'EYEWEAR).
The Buyer is informed and agrees that MMC'EYEWEAR may use production sites constituting subcontractors within the meaning of the Personal Data Regulations. When MMC'EYEWEAR hires another subcontractor to carry out specific processing activities on behalf of the Buyer, the same data protection obligations as those set out in these General Terms and Conditions are imposed on this other subcontractor by MMC'EYEWEAR through a contract. This other subcontractor may be located outside the European Union (including, notably, group production sites that MMC'EYEWEAR may occasionally use for logistical and supply management reasons). In this case, MMC'EYEWEAR commits to verifying the existence of appropriate safeguards for the protection of personal data or to implement such safeguards in accordance with the Personal Data Regulations. When this other subcontractor fails to fulfill its obligations regarding data protection, MMC'EYEWEAR remains fully responsible to the Buyer for the performance by the other subcontractor of its obligations. As part of the order processing, MMC'EYEWEAR may share the data transmitted by the Buyer with other subsidiaries of the Group and external providers to the Group.
A cet égard, MMC’EYEWEAR s’engage à : Ne traiter les données personnelles que sur instruction documentée de l’Acheteur, y compris en ce
qui concerne les transferts de données personnelles vers des pays tiers situés en dehors de l’Union Européenne. Sauf précisions contraires,
lesinstructions documentées sont réputées être les bons de commande fournis par l’Acheteur à MMC’EYEWEAR ; Aviser sans délai l’Acheteur
si, selon lui, une instruction enfreint la Réglementation Données Personnelles ; Veiller à ce que ses personnels amenés à traiter les données
personnelles soient soumis à une obligation légale ou contractuelle de confidentialité et soient correctement formés aux Traitements et aux
mesures de sécurité techniques et organisationnelles ; Prendre toutes les mesures requises pour garantir un niveau de sécurité du traitement
adapté aux risques susceptibles de peser sur les données personnelles, notamment en protégeant les données personnelles contre la
destruction, la perte, l’altération, la diffusion ou l’accès non autorisés, ainsi que contre tout autre forme de traitement illicite ;
Informer par écrit l’Acheteur de toute Violation de données personnelles affectant ou concernant les Données personnelles confiées, dans les
meilleurs délais après en avoir pris connaissance, et à lui communiquer, sans délai injustifié, au fur et à mesure qu’ il en prend connaissance,
tous éléments nécessaires (i) pour l’exécution des obligations légales ou réglementaires de l’Acheteur en matière de notification des
Violations de données personnelles aux Autorités de contrôle et/ou aux Personnes concernées, et (ii) pour remédier à la Violation de données
personnelles ou limiter ses conséquences ; Aider l’Acheteur, par des mesures techniques et organisationnelles appropriées, à s’acquitter de
son obligation de donner suite aux demandes dont les personnes concernées le saisissent en vue d’exercer leurs droits prévus par la
Réglementation Données Personnelles (droits d’accès, de modification, de rectification, de suppression, de s’opposer au traitement, etc.) ;
Aider l’Acheteur à respecter son obligation d’évaluer les risques afférents au traitement des données personnelles (analyses d’impact) ;
A l’expiration de la durée de conservation des données, supprimer toutes les données personnelles, sauf à se conformer à une obligation
légale lui imposant de conserver une copie des données personnelles ; Mettre à la disposition de l’Acheteur toutes les informations
strictement nécessaires pour démontrer le respect des obligations prévues par la Réglementation Données Personnelles et pour permettre la
réalisation d’audits, y comprisdes inspections, par l’Acheteur ou un autre auditeur que l’Acheteur a mandaté, et contribuer à ces audits (après
signature préalable d’engagements de confidentialité spécifiques soumis par MMC’EYEWEAR).
L’Acheteur est informé et accepte que MMC’EYEWEAR recourt à des sites de production constitutifs de sous-traitants au sens de la
Réglementation Données Personnelles. Lorsque MMC’EYEWEAR recrute un autre sous-traitant pour mener des activités de traitement
spécifiques pour le compte de l’Acheteur, les mêmes obligations en matière de protection de données que celles fixées dans les présentes
CGV sont imposées par MMC’EYEWEAR à cet autre sous-traitant par contrat.
Cet autre sous-traitant peut être situé en dehors de l’Union Européenne, (notamment, des sites de production du groupe auxquels
MMC’EYEWEAR peut avoir recours ponctuellement, pour des raisons logistiques et de gestion de l’approvisionnement). Dans ce cas,
MMC’EYEWEAR s’engage à vérifier l’existence de garanties appropriées pour la protection des données personnelles ou de mettre en place
de telles garanties conformément à la Réglementation Données Personnelles. Lorsque cet autre sous-traitant ne remplit pas ses obligations
en matière de protection des données, MMC’EYEWEAR demeure pleinement responsable devant l’Acheteur de l’exécution par l’autre
sous-traitant de ses obligations. Dans le cadre du traitement de la commande, MMC’EYEWEAR peut être amenée à partager les données
transmises par l’Acheteur à d’autres filiales du Groupe et des prestataires externes au Groupe.
13. Personal data
In accordance with Personal Data Regulations, personal data concerning the Buyer and its representatives are processed by MMC'EYEWEAR, which is qualified as the 'data controller' within the meaning of Personal Data Regulations, for the purpose of managing the current business relationship. This mainly includes the names, first names, and contact details of the Buyer's personnel and optical stores benefiting from MMC'EYEWEAR products. These data are also processed for the organization of training necessary for the sale of certain medical devices provided to the Buyer's representatives. Their data will then be retained for the duration of the training. Furthermore, data concerning the Buyer may also be used for declaring any benefits that may be granted to the Buyer in accordance with Transparency and Anti-Gift regulations. These processes are based on the existence of a contract between the Buyer and MMC'EYEWEAR, allowing the latter to ensure the monitoring and management of its business relationships with its customers. This data is retained by MMC'EYEWEAR for a period of five (5) years from the end of the business relationship. Finally, telephone conversations between the Buyer and MMC'EYEWEAR's commercial agencies may be recorded. Any recordings are used for monitoring the business relationship and training MMC'EYEWEAR's staff. They are based on the legitimate interest of MMC'EYEWEAR and will be retained for a maximum period of thirty (30) days from the date of the telephone conversation. Only the restricted and authorized personnel by LF receive this data. It is required to inform its representatives of the processing of their personal data by MMC'EYEWEAR, as the data controller, within the framework of the purposes specified in this article. MMC'EYEWEAR reserves the right to verify whether information in compliance with the Personal Data Regulations is duly communicated to the representatives. This clause may be modified in case of the publication of a framework by the supervisory authority, constituting a reference framework for the processes described above.
14. Exclusion of all penalties
Notwithstanding any clauses or provisions to the contrary that may appear in the distributor's purchase conditions, referencing contracts, logistics conditions, and specific agreements, etc., no penalty of any kind will be accepted by MMC'EYEWEAR, except for the prior written agreement of the latter. Only the actual damage suffered and previously demonstrated and assessed by the distributor may potentially give rise to compensation, following a request made to MMC'EYEWEAR and negotiation. In this regard, the distributor must provide MMC'EYEWEAR with any document attesting to the actual damage suffered (delivery note, etc.). In the event of a violation of this clause by the distributor, MMC'EYEWEAR may refuse any new product orders and suspend its deliveries. MMC'EYEWEAR also reserves the right to deduct from any rebates or service fees owed any amount that the distributor may have deducted unilaterally.
15. Transparency
MMC'EYEWEAR is obligated to publicly disclose certain benefits it may grant to Distributors. MMC'EYEWEAR may be required to complete certain formalities to declare the benefits granted to Distributors. It is expressly understood by the Distributor that their cooperation within legal deadlines is necessary, and in the absence thereof, no benefit (except for commercial benefits that may be granted within the supplier-distributor relationship) can be partially or fully granted by MMC'EYEWEAR.
16. Applicable law - jurisdiction
The law applicable to any order of Products is French law. All disputes relating, in particular, to the interpretation, application, execution, non-performance, resolution, or termination of agreements or commercial relationships between the parties or sales fall, regardless of the place of delivery and even in the case of multiple defendants or third-party proceedings, within the exclusive jurisdiction of the Commercial Court of Marseille.
