The Seller is defined below as Mundaka Optic, a website managed by the company Mundakaoptic, headquartered at Avenue de Migron, Domaine de Migron, B.D.3, 64200 BIARRITZ, SIREN number 443330444. The Buyer is defined below as any individual or legal entity, company, association, or private individual using the Mundaka Optic website and accepting these general terms and conditions of sale. These terms and conditions apply exclusively to all sales concluded by Mundaka Optic. Any other terms only bind the Seller after written confirmation.
The information provided on the Mundaka Optic website, including catalogues, photographs, price lists, and other materials, is given for informational purposes only and may be modified by the Seller without prior notice. Placing an order or accepting an offer from the Seller constitutes unconditional acceptance of these general terms and conditions of sale. Mundaka Optic may modify these conditions at any time without prior notice, with changes applicable to orders placed after the modification date.
The Buyer acknowledges that their agreement to the content of these terms does not require a handwritten or electronic signature, as long as the Buyer places an order for the products available on the Mundaka Optic online store. The Buyer is deemed to fully and unconditionally accept these terms and conditions.
Offers are valid while stocks last. In the case of a quote, the offer remains valid for seven full days unless otherwise specified. French is the only language offered for placing orders. We take great care to provide essential product information and characteristics online, including technical descriptions from our suppliers and product photographs. However, the information and photographs on the website are non-contractual and may contain errors. The key characteristics of the products are indicated on the product sheet, which typically includes a photograph and details about the product. The photographs illustrating the products alongside the text are not contractually binding. In case of errors, Mundaka Optic cannot be held liable. The detailed product sheet is the only contractual source. Mundaka Optic reserves the right to update, enhance, or remove products from sale at any time. If a product ordered is unavailable, the Buyer will be informed as soon as possible and can choose to cancel the order. The Buyer may then request a refund of the amounts paid within a maximum of 30 days, either by cheque or by waiting for the product to become available and be delivered. When placing a first order on Mundaka Optic, every new Buyer must create a "customer account." A username and password of at least six alphanumeric characters will be required. Each time an order is validated, you will be directed to your account via a secure connection that will remind you of your order details. Your order will only be definitively recorded after providing the necessary information and final validation. Orders placed on our website, www.mundakaoptic.com, are automatically canceled if payment is not received within eight full days. Once the Buyer has validated their order, they are considered to have accepted, with full knowledge, and unreservedly adhered to these general terms and conditions of sale. The order must be confirmed by Mundaka Optic via email. The sale will only be considered final upon the issuance of this confirmation email and the receipt of full payment. Mundaka Optic recommends that the Buyer retains these details in paper or electronic form.2-1: PRODUCT DESCRIPTION
2-2: PRODUCT AVAILABILITY
2-3: ORDER PROCESSING STEPS
When you confirm the order by selecting a payment method, the sale is deemed concluded. The Buyer’s validation of the order constitutes an electronic signature equivalent to a handwritten signature. (Law No. 2000-230 of March 13, 2000, on adapting proof law to information technologies and related to electronic signatures, Article 1316-1 of the Civil Code). Mundaka Optic reserves the right to cancel or refuse any order from a Buyer involved in a payment dispute for a previous order.2-4: ORDER CANCELLATION
The prices listed on the Mundaka Optic website are displayed inclusive of all taxes (VAT) in euros (€), excluding delivery charges and any applicable technical fees, which will be indicated prior to order validation.
The prices shown on your order after validation and registration are firm and final. If prices decrease after your order is placed, no compensation for the difference will be provided. If prices increase, we commit to delivering at the price set on the day of the order.
Payment of the full price must be made when the order is placed. At no time can the amounts paid be considered as deposits or down payments. The full order amount will be collected at the time of order validation or, in the case of cheque or bank transfer payments, upon receipt.
Products are delivered to the address specified by the Buyer at the time of order. The Buyer must ensure the completeness and accuracy of the provided information.
Delivery times are given in business days as an estimate and are calculated from the time the order is validated. Delays in delivery do not entitle the Buyer to any compensation or penalty.
We encourage you to report any delivery delay exceeding seven days so we can initiate an investigation with the carrier. Investigation times may vary from one to three weeks, depending on the carrier. If the package is located during the investigation, it will be immediately forwarded to your delivery address. During this investigation period, no reimbursement, credit, or replacement shipment will be made.
Expressly, cases of force majeure preventing delivery cannot be attributed to Mundaka Optic. Events deemed force majeure or exceptional under the law include, but are not limited to, strikes, work stoppages at Mundaka Optic or its suppliers/service providers, epidemics, wars, requisitions, fires, floods, transportation interruptions or delays, and legal or administrative measures preventing, restricting, delaying, or prohibiting the manufacture or import of goods.
The Seller is released from all delivery responsibilities under such circumstances but will inform the Buyer promptly. Delivery within the specified time can only occur if the Buyer is up-to-date with their obligations to the Seller, regardless of the cause.
Unless otherwise agreed, Mundaka Optic freely selects the carrier. Mundaka Optic assumes the risks associated with transport up to delivery, meaning until the goods are physically handed over to the recipient at the designated delivery address or to their representative who accepts the goods, provided that the Buyer checks the goods upon receipt in the presence of the carrier and records any discrepancies in writing on the transport document.
Exceptionally, the risks and perils of transportation, including loss, damage, or theft, are the responsibility of the Buyer if they are a professional.
The Buyer must refuse delivery if the package or goods are damaged, missing, or if the package has been opened or resealed. In the case of loss or damage, the Buyer must immediately record precise and detailed reservations on the transport document. The Buyer must then send a registered letter with acknowledgment of receipt to the carrier within three days of delivery.
To assist with these procedures, we invite you to contact us at: contact@mundakaoptic.com. Goods accepted without reservations by the Buyer at the time of delivery, or failure to send a letter to the carrier within three days, are deemed to have been received in good condition, and no claim will be accepted by Mundaka Optic.
We have built our reputation on quality and performance. Mundaka Optic sunglasses are guaranteed against manufacturing defects for the entire lifetime of the product. Ski goggles, clothing, and other accessories are guaranteed against manufacturing defects for one year from the date of purchase. The receipt must be provided as proof of purchase.
Mundaka Optic’s sole obligation will be the replacement or repair of products deemed defective by Mundaka Optic's after-sales service. All returns must be sent to the Mundaka Optic warranty center in the respective country. Mundaka Optic will cover the return shipping costs if the product is considered defective.
Repairs or replacements under this limited warranty do not cover wear and tear, ordinary deterioration (such as scratches or paint chips), or damage caused by misuse, abuse, unauthorized modifications or repairs, accidents, heat, improper maintenance, or poor care.
If the product is deemed defective by our after-sales service, it will be replaced or repaired free of charge. If the product is not considered defective, we will offer to repair or replace it at a reasonable price.
Complete the warranty form available below and print it out. Then, send the defective product along with your receipt and the completed warranty form in an appropriate box to protect the product during transport. You can return the products by post (registered) or via UPS, FEDEX, or DHL.
In accordance with Articles L121-20 and following of the French Consumer Code, as amended by Law No. 2005-841 of July 26, 2005 – art. 3 JORF July 27, 2005, and within the context of distance selling, the Buyer has a fourteen-day withdrawal period. This period starts from the receipt of the goods or acceptance of the offer for services.
If the withdrawal period ends on a Saturday, Sunday, or public holiday, it is extended until the next business day.
The Buyer must return the goods in their original condition and packaging. Any return of goods requires authorization, which can be obtained free of charge by contacting us at the following address: contact@mundakaoptic.com. Returns are at the Buyer’s expense, risk, and peril. This right of withdrawal is exercised without penalty, except for the return shipping costs mentioned above.
In the event of exercising the right of withdrawal, the Buyer may choose either a refund of the amounts paid or an exchange of the products. In the case of an exchange or refund, the re-shipment must be made at the Buyer’s expense within seven days after receiving the return authorization. After this period, the return will be refused, and the goods will be returned at the Buyer’s expense. Mundaka Optic will make every effort to refund the Buyer within 15 days by cheque. No right of withdrawal can result in any compensation or penalty.
The right of withdrawal is exclusively reserved for consumers and does not apply to professionals or individuals with a SIREN number, in accordance with the law.
Under Law No. 80-335 of May 12, 1980, regarding the effects of reservation of title clauses in sales contracts, the goods delivered and invoiced to the Buyer remain the property of Mundaka Optic until full payment of their price. Failure to pay may result in the reclamation of the goods by Mundaka Optic.
From delivery until the transfer of ownership, the risks of loss, theft, or destruction, as well as any damage caused by the Buyer, remain the responsibility of the Buyer. In the case of judicial recovery affecting the Buyer’s company, the Buyer agrees to participate actively in establishing an inventory of goods in stock that the Seller claims ownership of. If not, the Seller may arrange for an inventory to be carried out by a bailiff at the Buyer’s expense. The Seller may also prohibit the Buyer from reselling, transforming, or incorporating the goods in the event of delayed payment.
If the goods are sold in the meantime, the Buyer must assign the receivables to us, and any payments made on these receivables must be forwarded to us upon receipt. To guarantee any unpaid amounts, particularly the Buyer’s account balance in the Seller’s records, it is expressly stated that rights related to goods delivered but unpaid will extend to identical goods from the Seller in stock with the Buyer, without the need to allocate payments to a specific sale or delivery.
In the event of the Buyer’s non-compliance with any of their obligations, the sale may be terminated by default, and the goods may be returned to the Seller, if the Seller deems it appropriate, without prejudice to any damages the Seller may claim from the Buyer. This termination may occur within 48 hours after a formal notice remains ineffective. In this case, the Seller is entitled to claim a flat fee of 10% of the sale amount as compensation.
Any payment made to Mundaka Optic cannot be considered as a deposit or down payment. Payments must be made in such a way that the Seller can access the funds on the due date indicated on the invoice. Unless otherwise stated on the Mundaka Optic website or agreed with businesses after reviewing their file, payment must be made at the time of order:10.1: PAYMENT METHODS
All elements of the Mundaka Optic website, including visual or sound elements, text, layouts, illustrations, photographs, documents, and other materials, including underlying technology, are protected by copyright, trademarks, and patents. These elements are the exclusive property of Mundaka Optic. Any reproduction, adaptation, translation, representation, or modification of any part of the website is strictly prohibited without prior written consent from Mundaka Optic. Any partial reproduction of the elements of the Mundaka Optic website without written authorization is prohibited, in accordance with Law No. 57-298 of March 11, 1957, on literary and artistic property, as amended by LAW No. 2009-669 of June 12, 2009 – Article 21 of the Intellectual Property Code. Except in the cases provided for by Article L122-5 of the same Code, any unauthorized reproduction constitutes infringement under the French Penal Code.
The information requested from the Buyer is necessary for processing their order and may be communicated to Mundaka Optic’s contractual partner suppliers involved in the execution of the order. Through our service, you may receive commercial offers from other partner companies. If you do not wish to receive such offers, you can contact us here: contact@mundakaoptic.com, to opt out of such communications, or to exercise your rights regarding the data we hold about you in Mundaka Optic’s files.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms (consolidated version as of May 14, 2009), you have the right to object (Article 26), the right of access (Articles 34 to 38), and the right to rectify (Article 36) your data. You can request to have any inaccurate, incomplete, ambiguous, outdated, or otherwise unlawful information concerning you rectified, completed, clarified, updated, or deleted.
To exercise this right, you simply need to write to us at: contact@mundakaoptic.com.
The Buyer is aware of the characteristics of the internet network, including the possibility of connection interruptions, server failures, electrical issues, or other problems (the list is non-exhaustive). Mundaka Optic cannot be held responsible for the consequences of such events and will be released from all obligations to the Buyer in such cases.
No claim can entitle the Buyer to compensation or penalties of any kind.
If one or more provisions of these general terms and conditions are found to be invalid or declared such under a law, decree, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
These general terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.
The computerized records of Mundaka Optic will be considered as proof of communications, orders, payments, and transactions between the parties, unless proven otherwise.
Any disputes related to the formation, execution, or termination of contractual obligations between the parties that cannot be resolved amicably will be submitted to French courts. The fact that Mundaka Optic does not invoke a provision of these general terms and conditions at any given time does not constitute a waiver of its right to invoke that same provision later.
For all disputes and claims, regardless of their nature or cause, only the courts of Bordeaux will have jurisdiction, even in the case of emergency proceedings, third-party claims, or multiple defendants. The acceptance of orders, drafts, mandates, or transport conditions does not imply novation or derogation from this jurisdiction clause.
In accordance with current regulations regarding Extended Producer Responsibility (EPR), we would like to inform our customers that our company is registered under the following unique identifiers with the accredited organizations approved by ADEME:
1. Household Packaging and Graphic Papers::
2. Textiles, Household Linen, and Footwear (TLC)::
These identifiers ensure our compliance with legal obligations regarding the management of household packaging waste, graphic papers, and textiles. We are committed to adhering to environmental standards and actively participating in the collection, sorting, and recycling systems established by CITEO and Refashion.
For any questions related to these commitments or for more information, please contact us directly.
Thank you for your trust and for supporting responsible and sustainable waste management.
