Legal Notice / GTC / Terms of Use

Definitions

Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the website subject to these general conditions.
Services: https://otaaki.fr provides clients with:
Content: All elements constituting the information present on the site, including texts, images, and videos.
Customer Information: Hereinafter referred to as "Information(s)," which corresponds to all personal data that may be held by https://otaaki.fr for the management of your account, customer relationship management, and for analysis and statistics purposes.
User: Internet user connecting to and using the aforementioned site.
Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978). The terms "personal data," "data subject," "processor," and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the website.

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://otaaki.fr are informed of the identity of the various contributors involved in its creation and monitoring:

Owner: SAS OTAAKI
Share capital: €20,000
VAT number: FR08888748175
5 Passage Piver, 75011 Paris
Publication Manager: SAS OTAAKI – contact@otaaki.fr
The publication manager can be a natural person or a legal entity.
Host: O2Switch – 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, 04 44 44 60 40
Data Protection Officer: SAS OTAAKI – contact@otaaki.fr

2. General conditions of use of the site and services offered.

The Site is a work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit, for its own account, all or part of the elements or works of the Site.

The use of the site https://otaaki.fr implies full and complete acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time; therefore, users of the site https://otaaki.fr are invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://otaaki.fr, which will strive to communicate the dates and times of the intervention to users in advance. The website https://otaaki.fr is regularly updated by the responsible party. Likewise, legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of any changes.

3. Description of the services provided.

The website https://otaaki.fr aims to provide information about all the activities of the company. https://otaaki.fr strives to provide information on the site https://otaaki.fr as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by it or by third-party partners who provide this information.

All information on the site https://otaaki.fr is given for indicative purposes and may evolve. Furthermore, the information on the site https://otaaki.fr is not exhaustive. It is given subject to changes that may have been made since it was posted.

4. Contractual limitations on technical data.

The site uses JavaScript technology.

The website shall not be liable for any material damages related to the use of the site. Additionally, the site user agrees to access the site using recent hardware, free of viruses, and with an updated, latest-generation browser.

The website https://otaaki.fr is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.

https://otaaki.fr and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://otaaki.fr owns the intellectual property rights and holds the usage rights for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, by any means or process, is prohibited without the prior written authorization of https://otaaki.fr.

Any unauthorized use of the site or any of its elements will be considered as constituting infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability.

https://otaaki.fr acts as the publisher of the site. https://otaaki.fr is responsible for the quality and truthfulness of the Content it publishes.

https://otaaki.fr cannot be held responsible for direct and indirect damages caused to the user's equipment when accessing the website https://otaaki.fr, resulting either from the use of equipment that does not meet the specifications indicated in point 4 or from the occurrence of a bug or incompatibility.

https://otaaki.fr cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://otaaki.fr. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://otaaki.fr reserves the right to delete, without prior notice, any content deposited in this space that violates the applicable legislation in France, particularly regarding data protection. If necessary, https://otaaki.fr also reserves the right to engage the civil and/or criminal liability of the user, especially in the case of messages of a racist, injurious, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

The Client is informed of the regulations regarding marketing communication, the Law of June 21, 2014, on confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data collection controllers

For Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the data controller for Personal Data is: OTAAKI. https://otaaki.fr represented by Ludovic GUILLAUME, its legal representative.

As the data controller for the data it collects, https://otaaki.fr undertakes to comply with the framework of the legal provisions in force. It is the responsibility of the Client, in particular, to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing activities that is in line with reality.

Each time https://otaaki.fr processes Personal Data, https://otaaki.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://otaaki.fr processes them.

7.2 Purpose of the collected data

https://otaaki.fr may process all or part of the data:

• to enable navigation on the Site and the management and traceability of services ordered by the user: connection and usage data of the Site, billing, order history, etc.
• to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
• to improve navigation on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://otaaki.fr: email address
• to conduct communication campaigns (sms, email): phone number, email address

https://otaaki.fr does not commercialize your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and opposition

In accordance with current European regulations, Users of https://otaaki.fr have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data right to lock or erase personal data of Users (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, or storage is prohibited
• right to withdraw consent at any time (Article 13-2c GDPR)
• right to limit the processing of Users' data (Article 18 GDPR)
• right to object to the processing of Users' data (Article 21 GDPR)
• right to data portability that Users have provided, when these data are the subject of automated processing based on their consent or on a contract (Article 20 GDPR)
• right to determine the fate of Users' data after their death and to choose to whom https://otaaki.fr should (or should not) communicate their data to a third party they have designated beforehand

As soon as https://otaaki.fr becomes aware of the death of a User and in the absence of instructions from them, https://otaaki.fr undertakes to destroy their data, unless their retention proves necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://otaaki.fr uses their Personal Data, request their correction, or oppose their processing, the User can contact https://otaaki.fr in writing at the following address:

OTAAKI – DPO, SAS OTAAKI
5 Passage Piver, 75011 PARIS.

In this case, the User must specify the Personal Data they would like https://otaaki.fr to correct, update, or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://otaaki.fr by law, particularly regarding the conservation or archiving of documents. Finally, Users of https://otaaki.fr can file a complaint with the supervisory authorities, in particular, the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://otaaki.fr refrains from processing, hosting, or transferring the Information collected about its Clients to a country located outside the European Union or recognized as "not adequate" by the European Commission without informing the client beforehand. However, https://otaaki.fr remains free to choose its technical and commercial subcontractors provided they offer sufficient guarantees in accordance with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://otaaki.fr undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of https://otaaki.fr, it must promptly inform the Client and communicate the corrective measures taken. Furthermore, https://otaaki.fr does not collect any "sensitive data."

The Personal Data of the User may be processed by subsidiaries of https://otaaki.fr and subcontractors (service providers), exclusively to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of Users of https://otaaki.fr are primarily the agents of our customer service.

8. Incident notification

Despite all efforts, no method of transmission over the Internet and no electronic storage method is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we would notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all security-related matters concerning their account and providing them with all the necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://otaaki.fr is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the acquisition of https://otaaki.fr and its rights would the transmission of such information to the potential acquirer be allowed, who would, in turn, be bound by the same obligation of data conservation and modification towards the user of the site https://otaaki.fr.

Security

To ensure the security and confidentiality of Personal Data and Health Data, https://otaaki.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://otaaki.fr takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks, "cookies," and internet tags

The site https://otaaki.fr contains a number of hyperlinks to other sites, established with the authorization of https://otaaki.fr. However, https://otaaki.fr does not have the ability to check the content of the sites visited in this way and will, therefore, assume no responsibility for this.

Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge through the deactivation options offered and mentioned below, knowing that this may reduce or prevent access to all or part of the services offered by the site.

9.1. "COOKIES"

A "cookie" is a small information file sent to the user's browser and stored on the user's terminal (e.g., computer, smartphone) (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, as well as the date and time of access. Cookies pose no risk to the User's terminal.

https://otaaki.fr may process information about the User's visit to the Site, such as the pages viewed, the searches performed. This information allows https://otaaki.fr to improve the content of the Site and the User's navigation.

Cookies that facilitate navigation and/or the provision of services offered by the Site can be configured by the User's browser to allow the User to decide whether or not to accept them, so that Cookies are either stored on the terminal or rejected, either systematically or according to their sender. The User can also configure their browser software to prompt them to accept or refuse Cookies on a case-by-case basis, before a Cookie is likely to be stored on their terminal. https://otaaki.fr informs the User that, in this case, certain features of their browser software may not be available.

If the User refuses to store Cookies on their terminal or browser, or if the User deletes those that are stored there, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when https://otaaki.fr or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal seems to be connected to the Internet.

In this case, https://otaaki.fr disclaims any responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by https://otaaki.fr, resulting (i) from the User's refusal of Cookies (ii) the impossibility for https://otaaki.fr to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will provide information on how the User can modify their Cookie preferences.

At any time, the User can choose to express and modify their Cookie preferences. https://otaaki.fr may also call on external service providers to help collect and process the information described in this section.

Finally, by clicking on the dedicated icons for the social networks Twitter, Facebook, Linkedin, and Google Plus on the Site of https://otaaki.fr or in its mobile application, and if the User has accepted the deposit of cookies by continuing to browse the Internet Site or the mobile application of https://otaaki.fr, Twitter, Facebook, Linkedin, and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only deposited on your terminals if you consent to it, by continuing your navigation on the Internet Site or the mobile application of https://otaaki.fr. However, the User can withdraw their consent to https://otaaki.fr depositing this type of cookie at any time.

Article 9.2. INTERNET TAGS

https://otaaki.fr may occasionally use Internet tags (also called "tags" or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialized web analytics partner who may be located (and therefore store corresponding information, including the User's IP address) in a foreign country.

These tags are placed in online ads that allow users to access the Site, as well as on various pages of the Site.

This technology allows https://otaaki.fr to assess visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of this Site.

The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the Site's activity for https://otaaki.fr, and provide other services related to its use and the Internet.

10. Applicable law and jurisdiction.

Any dispute related to the use of the site https://otaaki.fr is subject to French law. Except where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Paris.

OTAAKI
SAS with a capital of €20,000, registered with the Paris Trade and Companies Registry under the number 888 748 175, with its registered office located at 5, Passage Piver, 75011 Paris
VAT FR 08888748175 – contact@otaaki.fr
("OTAAKI") –
May 26, 2021

PREAMBLE

All commercial actions of OTAAKI are subject to these general terms and conditions of sale (hereinafter referred to as the "GTC"), which express the entirety of the agreements between the parties. These GTC aim to define the conditions under which OTAAKI sells, through the website www.otaaki.fr (hereinafter referred to as the "Site"), retail optical-eyewear products (hereinafter referred to as the "Products"), to consumers or professionals (hereinafter referred to as the "Client"). The list and description of goods offered by OTAAKI can be consulted on the aforementioned site. In this capacity, OTAAKI is a duly declared and registered professional.

Article 1 – Acceptance of the GTC

Any purchase of Products via the Site implies, on the part of the Client, an unconditional acceptance of the GTC. They are available for consultation at any time on the Site and are provided upon first request. Any stipulation deviating from these GTC must be confirmed in writing by OTAAKI to be applicable. The Client formalizes their acceptance of these GTC by entering the personal data required by the Site when purchasing a Product.

The order confirmation made by the Client constitutes the electronic signature of these GTC. OTAAKI reserves the right to modify these GTC at any time and without notice, with such modifications being applicable to all subsequent orders. The Client declares to have the full legal capacity to commit to these GTC.

Article 2 – Products

The essential characteristics of the goods and their prices can be consulted by the Client on the Site. OTAAKI only sells Products complying with the current French regulations. OTAAKI cannot be held responsible for minor errors that may affect the description of the Products. The illustrations or photos of the Products have no contractual value.

The Client is informed that Regulation (EU) 2016/425 determines specific criteria to be respected to preserve ocular health and user safety. The Products comply with current European standards, and OTAAKI's liability cannot be incurred for the use of the Product that does not comply with these standards or is not in accordance with its intended purpose.

Polarized and Non-Polarized Sunglasses:

• OTAAKI sunglasses comply with Regulation (EU) 2016/425
• Product conforms to standards EN ISO 12312-1:2013 / A-1:2015 and ANSI 3: 2018

ZEISS polarized lenses – Category 3 – with high optical precision and impact resistance according to US FDA regulation 21 CFR 801.410

It is reminded to the Client that:

• Products cannot be used as eye protection;
• Only regular consultation with an ophthalmologist allows for adapting your lenses and checking the good health of your eyes;
• Products should not be used for direct observation of the sun;
• Products are not suitable for protection against artificial light sources, such as a solarium;
• Products are not suitable for eye protection against mechanical risks such as impact;
• Products are not suitable for nighttime driving or in low-light conditions.
• Products must be cleaned with a dry cloth and without specific products.
• The product should not be used if damaged.
• Your glasses should be stored in their case after use.

Anti-Blue Light Glasses without Prescription (for screens):

• OTAAKI screen glasses comply with Regulation (EU) 2016/425
• Non-prescription Anti-Blue Light lenses are designed to protect the wearer against the harmful effects of Blue Light. OTAAKI anti-blue light glasses also meet the criteria of standard ISO 12312-1:2013/A-1:2015 and ANSI 3:2018, and the ANSI Z80.3 standard.
• ZEISS lenses – Category 0 – with high optical precision and impact resistance according to US FDA regulation 21 CFR 410.

It is reminded to the Client that:

• Products cannot be used as eye protection;
• Only regular consultation with an ophthalmologist allows for adapting your corrective lenses and checking the good health of your eyes;
• Products should not be used for direct observation of the sun;
• Products are not suitable for protection against artificial light sources, such as a solarium;
• Products are not suitable for eye protection against mechanical risks such as impact;
• Products must be cleaned with a dry cloth and without specific products.
• The product should not be used if damaged.
• Your glasses should be stored in their case after use.

Reading Glasses - Anti-Blue Light (with prescription):

• OTAAKI reading glasses (known as magnifying glasses) comply with Regulation (EU) 2016/425
• Product conforms to standards EN ISO 12312-1:2013 and European standards for ready-made spectacles NF EN 14139 / and ANSI 31:2017
• EVERYOUNG reading lenses with anti-blue light treatment – Category 0 – with high optical precision and impact resistance according to US FDA regulation 21 CFR 410
• OTAAKI reading glasses are available with the following powers (diopters):
• +LOO/ +1.50 / +2.00 / +2.50 / +3.00
• The power of your lenses is indicated inside the left temple of your glasses.

It is reminded to the Client that:

• Products cannot be used as eye protection;
• Only regular consultation with an ophthalmologist allows for adapting your corrective lenses and checking the good health of your eyes;
• Products should not be used for direct observation of the sun;
• Products are not suitable for protection against artificial light sources, such as a solarium;
• Products are not suitable for eye protection against mechanical risks such as impact;
• Products must be cleaned with a dry cloth and without specific products.
• The product should not be used if damaged.
• Your glasses should be stored in their case after use.

Article 3 – Orders

In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to formalize an order electronically:

• Information on the essential characteristics of the Product;
• Selection of the Product;
• Indication of the Client's contact details;
• Acceptance of the General Terms and Conditions (GTC);
• Verification of the elements of the order (double-click formalities) and, if necessary, correction of errors.

The Client acknowledges having received details of the delivery charges as well as the payment, delivery, and execution terms of the contract, as well as detailed information about the identity of OTAAKI, its postal, telephone, and electronic contact details, and its activities in the context of this sale. OTAAKI undertakes to fulfill the Client's order only within the limits of the available Product stocks.

The archiving of information related to the order, as well as invoices, is carried out on a reliable and durable medium in order to constitute a faithful and durable copy, which can be produced as evidence of the contract between OTAAKI and the Client. For the proper execution of the order, the Client undertakes to provide truthful identification details.

During the order, the Client must follow an account creation procedure, which involves accurately providing personal information such as first name, last name, date of birth, delivery address, and email address. The Client must also choose a password.

The Client undertakes to keep confidential the elements related to his account and not to disclose them to a third party.

In case of forgetting, loss, theft, or any fraudulent act regarding, in particular, his password, the Client must inform OTAAKI as soon as possible by sending an email to contact@otaaki.fr. OTAAKI will study the request as soon as possible and may, as a security measure, suspend the Client's access to its services.

The Client guarantees that all information provided in the registration forms is accurate, up-to-date, sincere, and not misleading. If the provided data were to be inaccurate, incomplete, or deceptive, OTAAKI reserves the right to suspend access to its services until the Client corrects the errors.

The Client is informed and accepts that the entered information is proof of his identity. The information entered by the Client commits him upon validation.

The validation of the payment method formalizes the sale of the Product(s) between the Client and OTAAKI. The Client is immediately informed by the sending of a confirmation email of the order. OTAAKI reserves the right to freeze an order until the resolution of any problem that may affect the Client (incorrect address, payment default, etc.).

OTAAKI has implemented an anti-fraud procedure applied to any order placed on the Site. As part of this procedure, OTAAKI may contact the Client at the contact details provided. OTAAKI may ask the Client to prove his identity and postal address.

In the event of total or partial unavailability of products after the order has been placed, the buyer will be informed by email as soon as possible of the unavailability of the product and the cancellation of his order. The customer's bank account will be credited with the amount of the canceled order.

OTAAKI's Customer Service will contact the Client by phone and email to inform them of the cancellation of the order and propose to renew it.

Article 4 – Delivery of Orders

Delivery times are given for information purposes only but will not exceed 30 days, failing which the Client, if a consumer, in accordance with the provisions of Article L.216-1 and following of the Consumer Code, may choose not to proceed with the sale and be reimbursed the full amount paid, without being able to demand a price reduction or any compensation. In principle, any shipment of an order takes place within a period of between 5 and 14 days. Any risk of loss or damage to the Products is transferred to the Client when the latter or a third party designated by him, other than the carrier, physically takes possession of the Products. For all useful purposes, it is specified that OTAAKI retains full ownership of the delivered Products until the effective and integral collection of the invoiced price.

The geographical delivery area includes metropolitan France, including Corsica, as well as the Overseas Departments and Territories (DOM-TOM) and Europe (European Union).

Shipping costs are automatically calculated during the order validation process and according to the choice of delivery methods made by the Client. When validating the order, the Client has the choice between home delivery (Colissimo) and delivery to a Colissimo relay point. Delivery is free for any Colissimo delivery in Metropolitan France, including Corsica, excluding Overseas Departments and Territories (DOM-TOM) and other European countries (European Union).

In case of refusal of the parcel or in case of inability to deliver the Client's order due to an incomplete address and within the framework of the return of the parcel, the delivery rate applied to the order will be deducted from the refund regardless of the reason for this refusal, and even if the delivery was free, the amount of the delivery will be deducted from the amount of the refund.

Upon delivery, the Client is required to check the condition of the Products in the presence of the carrier. In case of difficulties, the Client is required to expressly and exhaustively mention the reservations that affect the delivery. The Client is also required to present his reservations to the carrier by registered letter with acknowledgment of receipt, sent within a maximum period of 48 hours from the delivery. Failing to follow this procedure, the Products received will be deemed compliant. Any complaint about apparent defects or non-conformity of the Products must be explicitly transmitted to OTAAKI with the order number within 48 hours of receipt, accompanied by a mandatory photograph of the Product in question. The Product cannot be returned without the express agreement of OTAAKI. Any item returned damaged or not returned in its original packaging, not meeting the conditions above, cannot be refunded.

Article 5 – Prices, Invoicing, and Payment

Payment is made immediately upon ordering, by credit card, via a secure payment space provided by a service provider. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Client authorizes OTAAKI to debit his card for the amount related to the indicated price. The Client confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error or impossibility to debit the card, the sale is immediately resolved by operation of law, and the order is canceled. The Client is informed that OTAAKI has no access to any confidential information regarding payment methods, as the process is handled by a third-party financial institution.

The prices of the Products are indicated in euros, all taxes included, and excluding specific shipping costs. Any taxes or customs duties due in this regard are the responsibility of the Client and are his responsibility. OTAAKI reserves the right to modify the prices of the Products at any time for the future. The sale prices are those indicated at the time of order validation by the Client.

Subsequently to the order, the Client has access to the invoice:

• Through a confirmation email;
• Through his personal space on the Site, allowing him to consult the order history.

Article 6 – Right of Withdrawal of the Consumer Client

The consumer Client has the right to withdraw from the contract without giving any reason, within the legal period of fourteen days. By way of derogation, OTAAKI grants a conventional withdrawal period of 30 days from the day the Client, or a third party other than the carrier and designated by the Client, physically takes possession of the goods. To exercise his right of withdrawal, the Client must notify OTAAKI of his decision to withdraw from his purchase on its Site by means of an unambiguous declaration (for example, a letter sent by post, fax, or email). (Otaaki – Customer Service – 5 Passage Piver – 75011 Paris / email: contact@otaaki.fr)

The Client can also use the withdrawal form template, but this is not mandatory, by clicking on the following link: Withdrawal Form Template or Annex 1.

For the withdrawal period to be respected, it is sufficient for the Client to transmit his communication regarding the exercise of his right of withdrawal before the expiration of the withdrawal period.

OTAAKI will inform the Client, by email, of the receipt of his withdrawal decision. The return of the Product is at the expense of the Client within fourteen days from the day the Client expressed his intention to withdraw. Once the Product is received by OTAAKI, the refund will be made as soon as possible, by the same means of payment as that used by the Client to pay for his purchase. OTAAKI reserves the right to defer the refund until the effective recovery of the Product.

Any Product returned damaged or not returned in its original packaging cannot be refunded. A depreciation fee will be charged to the Client if the goods have been manipulated other than those necessary for the nature and characteristics of the Product.

Article 7 – Guarantees

OTAAKI assumes the legal guarantees related to hidden defects and the conformity of the Products, allowing the Client to return defective or non-compliant Products, in accordance with articles L.217-4 and following of the Consumer Code and articles 1641 and following of the Civil Code. The Client therefore has a period of two years from the delivery of the goods to take action. He can choose to repair or replace the goods in the event of non-compliance of the Product, and for a price reduction or the resolution of the sale in the case of a hidden defect affecting the Product.

Furthermore, OTAAKI cannot be held responsible for any malfunctions of the Site.

Access to the account is generally available 24 hours a day, 7 days a week, except in cases of force majeure, technical difficulties, computer problems, or difficulties related to telecommunications beyond the control of OTAAKI. Notwithstanding the foregoing, OTAAKI reserves the right to temporarily close the site or interrupt access to accounts for maintenance reasons.

Article 8 – Intellectual Property

The trademarks, domain names, software, images, videos, texts, or more generally any information subject to intellectual property rights, published by OTAAKI on the Site or any other media, are and remain the exclusive property of OTAAKI or its partners. No transfer of intellectual property rights is made through the acceptance of these GTC. Any total or partial reproduction, modification, or use of these assets, for any reason whatsoever, is strictly prohibited.

Article 9 – Confidentiality and Security – Cookies

OTAAKI implements all means to ensure the confidentiality and security of data transmitted on the web. In this regard, the Site uses a secure payment module such as "SSL" (Secure Socket Layer), as well as a secure payment interface.

When the Client consults the Site, browsing information may be recorded in a file called a "cookie." A cookie is a small tracking computer file. It allows the analysis of user behavior when visiting a website, optimizing navigation, including determining the browser used, and identifying the user during connection, especially to find out the pages already consulted on the Site. Any use of cookies on the Site requires prior and express authorization from the Client valid for 13 months, which the Client may change at any time. The Client is informed that the use of cookies involves the collection of statistical data but does not involve the collection of personal data.

The details of this policy are accessible in the "Cookie Policy" tab.

Article 10 – Virtual Fitting Room

In order to enhance the customer experience, OTAAKI has authorized the company FITTINGBOX, a joint-stock company with a Management Board and Supervisory Board with a capital of 340,647 euros, registered with the RCS of Toulouse under number B 491 452 991, whose registered office is located at 209 rue de l'Innovation, 31670 Labège – France, to provide a virtual fitting room service.

The Client is informed that, during virtual fitting sessions for glasses via the FITTINGBOX solution, taking and sharing a selfie and/or entering their email constitutes personal information that may be used for the needs of FITTINGBOX and/or for commercial communication.

The Client is informed that they have the right to exercise, directly with FITTINGBOX, their rights of access, modification, rectification, correction, updating, and deletion of their data, in accordance with applicable regulations.

The Client is informed and expressly agrees that FITTINGBOX also reserves the right to collect metadata in the context of the virtual fitting room service, and to use them for geolocation and/or statistics and/or qualitative or quantitative analysis, free of charge or for a fee.

The Client can review the terms of use of the FITTINGBOX solution directly on its website https://www.fittingbox.com/fr/information-legales

Article 11 – Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, OTAAKI establishes a personal data processing for the purpose of selling and delivering Products.

OTAAKI may collect personal data relating to the Client or individuals acting on behalf of the Client. The Client is informed of the following:

• The data controller is OTAAKI;
• The processing of data aims to execute the Client's order, as well as to keep statistics, optimize the user experience in the use of the virtual fitting room "Fitting Box," but also, in terms of ergonomics and understanding of your buying habits, to implement targeted commercial offers by email;
• The recipients of personal data are the data controller, its marketing services, the services responsible for computer security, the service responsible for sales, delivery, and orders, subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the personal data in question;
• The Client is informed that no transfer of personal data outside the European Union is planned;
• Personal data is only kept for the time of the five-year prescription;
• The data subject has the right to ask the data controller for access to personal data, rectification or erasure of such data, or limitation of the processing concerning the data subject, the right to object to the processing, and the right to data portability;
• The data subject has the right to lodge a complaint with the National Commission for Information Technology and Liberties (CNIL);
• The information requested during the order is necessary for the establishment of the invoice and the delivery of the ordered goods, without which the order cannot be validated. No automated decision-making or profiling is implemented through the order process.

The Client can review OTAAKI's Privacy Policy, which will help them understand how their personal data is collected, processed, and stored by OTAAKI.

It is the responsibility of the Client to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet. OTAAKI cannot be held responsible for any direct or indirect damage, including any loss or damage that may result from the use or inability to access the Site, as a result of the Client's misuse.

Article 12 – Duration

These GTC apply for the entire duration of the posting of the Products or consultation of the Products.

Article 13 – Force Majeure

OTAAKI's responsibility cannot be sought if the performance of the contract is delayed or prevented due to a case of force majeure or unforeseen circumstances, the fault of the Client or a third party, or external causes such as social conflicts, intervention of civil or military authorities, natural disasters, epidemics, fires, water damage, interruption of a telecommunications network, or the power grid, especially due to computer hacking.

Article 14 – Independence

Each of the provisions of the GTC is independent. As a result, if one of the provisions of these GTC were annulled, this nullity would not result in the nullity of the other provisions, which will remain in force between OTAAKI and the Client.

Article 15 – Tolerance

Any tolerance by OTAAKI regarding the application of the GTC, regardless of the frequency and duration, can never be considered as a modification or waiver to enforce said GTC.

Article 16 – Applicable Law and Jurisdiction

The GTC and the contractual relations between the Client and OTAAKI are exclusively subject to French law.

In the event of a dispute between OTAAKI and the consumer Client, any dispute or claim arising from these GTC or an order, whether on their acceptance, validity, interpretation, execution, or termination, will be submitted to the exclusive jurisdiction of the courts designated by the Consumer Code.

For any complaint regarding a purchase and in general any conflict or dispute related to the execution of these GTC, the Client can contact OTAAKI in writing:

• By sending an email to customer service at contact@otaaki.fr
• By sending a letter to: OTAAKI – E-Commerce Customer Service – 5 Passage Piver – 75011 Paris – France.

Finally, in accordance with the provisions of articles L.611-1 and following of the Consumer Code, the consumer Client is informed that they can resort to a consumer mediator under the conditions provided by law. Furthermore, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Client is informed of the electronic link to the online dispute resolution platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR).

ANNEX 1: Model Withdrawal Form for a Distance Purchase (on the Internet, by correspondence, teleshopping, or phone)

To the attention of the company OTAAKI, 5 passage Piver – 75011 Paris / contact@otaaki.fr

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:

Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.

OTAAKI
Website: https://otaaki.fr
SAS with a capital of €20,000 registered with the Paris Trade and Companies Registry under number 888 748 175, whose registered office is located at 5, Passage Piver, 75011 Paris
VAT FR 08888748175 – contact@otaaki.fr
("OTAAKI")
May 26, 2021

The SAS Otaaki company is concerned about the protection of personal data. We are committed to ensuring the highest level of protection for your personal data in compliance with applicable law and the "General Data Protection Regulation."

Data Controller

The personal data collected on this website is recorded in a computerized database by the data controller:

SAS Otaaki
5 Passage Piver
75011 Paris
France
https://otaaki.fr/

Processing Purposes

The collected personal data is used for order management and shipment, customer and customer support management, display of complementary product purchase proposals, connection to private areas, sending order follow-up emails, sending response emails to contact forms, and sending newsletters by email.

Some data is collected automatically due to your actions on the site to perform audience measurements (the number of pages viewed, the number of site visits, the products viewed, etc.) or is necessary for the prevention and resolution of technical incidents.

Collected Data

The personal data collected and processed include your name, first name, gender, email, password, phone number, IP address, postal address, username, website, order history, and connection data.

No banking data is stored outside of the payment history (order reference and payment status only), necessary for dispute resolution and the prevention and resolution of technical incidents.

We undertake to collect only the minimum data necessary for the proper functioning of the service provided by this website. The mandatory or optional nature of the data collected is indicated to you at the time of entry by a "Mandatory" mention (or any other appropriate visual indicator such as an asterisk or bold element) or "Optional."

Retention Period

The data is kept for the entire duration of the service's use and is then archived for an additional period related to the prescription and legal retention periods for strictly limited and authorized reasons by law (payment, warranty, disputes, etc.). After this period, they are deleted.

Location & Hosting of Collected Data

The collected data is hosted by the following providers:

• o2switch as the web hosting provider (data location: France)
• Google Analytics (analytics.google.com) as an audience tracking tool (data location: Worldwide),
• Google Search Console (search.google.com) as an audience tracking tool (data location: Worldwide),
• Cloudflare (cloudflare.com) as an audience tracking tool (data location: Worldwide),
• Google Inc. (Google Drive) as a data storage and backup tool (data location: Worldwide)

Recipients

The collected data is intended for our sales department, our marketing department, and our technical department.

Withdrawal of Consent

You can withdraw your consent at any time for the use of your non-essential personal data for the proper use of the service provided by this website by writing to contact@otaaki.fr for the withdrawal of data that you may have communicated to us through the forms on the site.

Right of Access

You can exercise your right of access to data concerning you and have it corrected. This right can be exercised electronically at the following email address: contact@otaaki.fr or by logging into your customer account.