‘MEYE’, a public limited company under Belgian law, with its registered office at Leuvenstraat 3, B11, 2000 Antwerp, Belgium and with VAT number BE 0685 952 227.
‘the optician’ or in the plural ‘the opticians’, MEYE NV’s customer.
You become MEYE NV’s customer as soon as you order one or more services and/or products from MEYE NV, after approval of the quotation(s).
THE FOLLOWING HAS BEEN AGREED:
ARTICLE 1 – OBJECT
MEYE is the partner in optics which, with the right strategic concepts, expertise, content and passion, strives continuously to help you grow as a high-quality optician while maintaining your own identity. To this end, MEYE offers services including MEYE CLUB, MEYE CONTENT, MEYE À LA CARTE, MEYE PROFILE, MEYE START-UP PLAN and MEYE LENSES PLAN, and products including MEYE PRINT, MEYE COMFORT, MEYE MAIL, MEYE CLOUD, MEYE SOCIAL and MEYE LENSES.
ARTICLE 2 – PROCEDURE
As an optician, you can choose between 2 formulas:
– Formula 1: MEYE CLUB
You will receive ongoing coaching, and you can use all the services and products offered by the MEYE UNIVERSITY and MEYE CONTENT.
You will be guided by a MEYE COACH on the basis of a strategic marketing plan, the MEYE START-UP PLAN, and a personal file for your MEYE PROFILE store.
After drawing up your personal MEYE START-UP PLAN, MEYE will implement all the MEYE NV services and products to the extent possible, depending on the different generations of consumers.
Goal: as an optician, you support your customers with service and a guarantee system, and your customers follow you as “the eyewear influencer”.
You pay a monthly fee, which includes the MEYE UNIVERSITY and MEYE CONTENT.
– Formula 2: MEYE À LA CARTE
You choose and pay per service and/or product without using the strategic marketing plan MEYE START-UP PLAN or the MEYE CLUB (MEYE UNIVERSITY and MEYE CONTENT).
You do not pay a monthly fee. The services offered are limited!
ARTICLE 3 – PRODUCTS AND SERVICES
MEYE COMFORT, which is among the services and products offered by MEYE, allows you to support your customers with MEYE SERVICE and/or a MEYE WARRANTY guarantee system.
MEYE COMFORT ensures that you can follow up your customers and thank them for their purchase in a structured and concrete way, for 3 years immediately following the sale. The optician uses the intelligent database program MEYECOMFORT.COM for this.
This software enables you to determine which cards your customers will receive (for example: thank you cards, call cards for maintenance, end of warranty cards, reminders to come for an eye test after 3 years and cards for specific promotions).
We produce luxury cards that are customised to include the optician’s information and reflect their choices. They are individually addressed and sent to the optician’s customers.
As an optician, you pay a fixed fee per month for the use of this unique software system, MEYECOMFORT.COM.
The monthly fee for MEYE COMFORT includes: guidance and advice from the MEYE COACH, adjustments to the cards according to the offer from MEYE NV, software development and updates, hosting of the data, development of links with your own database system for the use of an automatic data push system (linking to a limited number of software programs) and the use of the system itself.
This fee is paid monthly by direct debit, along with the bill for the cards sent.
You pay a fixed fee for each card sent, according to MEYE’s current annual price list, which includes organisation of the printing work, the printing itself, the customised design of the cards and shipping by post.
If, as the optician, you want to automate MEYE COMFORT, you agree to establish a link between the software that you use in the shop to manage customers and the MEYE COMFORT software, in order to provide the services of MEYE COMFORT to your benefit. MEYE will send you a list in advance containing the data that MEYE will request.
ARTICLE 4 – PRIVACY
4.1. Processing the optician’s customers’ personal data:
The optician determines the purpose for which the personal data submitted by the customers is processed and the means of doing so. The optician is therefore considered to be the controller responsible for the processing of this data.
4.2. MEYE has the following obligations as the personal data processor for the optician’s customers using MEYE COMFORT:
MEYE is responsible for the processing of personal data in accordance with the General Data Protection Regulation of 2016/679. In the context of MEYE COMFORT, we process consumers’ personal data, i.e. data belonging to our customers’/the opticians’ customers. This means that MEYE is solely responsible for compliance with the legal requirements related to the processing of data using MEYE COMFORT.
4.3. Purposes of the processing:
MEYE will process the consumers’ personal data and include it in a file. The purpose of the personal data processing is to be able to fulfil the contract with our customers/the opticians so that they can offer their customers (consumers) the following services:
– follow up the consumer with a loyalty program, MEYE COMFORT.
– inform the consumer about relevant products and services.
– send one or more emails regarding relevant products and services.
– send a newsletter, information or promotions for advertising and/or marketing purposes on behalf of the opticians.
ARTICLE 5: QUOTES AND PAYMENTS
MEYE NV’s invoice is paid by direct debit to MEYE NV.
The offer is valid for 1 month.
Prices exclude VAT (21% in Belgium).
The prices for door-to-door distribution do not include any municipal taxes.
– The quotation is an overview of projects that have been reviewed with the customer and can therefore still be changed based on mutual agreement.
– This offer is only binding once it has been approved by e-mail by both parties.
– The price may vary if further customisation is requested, once this has been approved by both parties.
– When the quotation is approved, the design is created and forwarded. If the customer subsequently cancels the project, these design costs will still be charged.
– The final total number of letterboxes will only be clear once the distributor has confirmed.
– For flyers/folders, this is 2 weeks before effective distribution.
– For magazines/newspapers, the number is determined when ordering the newspaper/magazine, approximately 2 months in advance.
Services that MEYE offers with regard to print jobs:
MEYE NV offers the complete organisation of the printing work, distribution and the formalities surrounding municipal taxes. MEYE NV is not responsible for the quality of the printing or possible delays by external companies (printing, distribution).
Cancellation of MEYE’s services
All MEYE’s services have a notice period of 6 months. Cancellations can be made by registered mail or by e-mail to email@example.com.
Prices of MEYE NV’s services and products
All the prices of MEYE’s services and products as described above have been made known to you in MEYE NV’s current annual PRICE LIST. This price list is always subject to unforeseen circumstances and price fluctuations among third parties such as printers and copywriters, as well as postage costs, etc.
The amounts are adjusted annually on 1 January to the consumer price index in accordance with the following formula: the new amount is equal to the old amount multiplied by the new index, divided by the base index. The base index is the index of the month of October of the previous year.
ARTICLE 6 – RIGHTS AND OBLIGATIONS OF THE OPTICIAN
During their membership, the opticians may use logos, designs, concepts, photographic materials, slogans, etc. published under the responsibility of ‘MEYE’, provided that the rights and obligations associated with the publication of the designs are respected.
The images from the periodic high-end photo shoots are intended exclusively for MEYE CLUB members and may be used for a maximum of 1 year following receipt of the images in an official communication from MEYE NV. MEYE NV’s photos can be used in high resolution subject to the approval of MEYE NV. It is always mandatory to let us know the medium for which you intend to use the high-resolution material. You are required by law always to add or retain MEYE’s copyright statement and the statement of the production year on the photo, both in printed matter and for digital applications such as websites and social media.
MEYE wishes to maintain a good relationship with its suppliers, photographers, stylists, modelling agencies, models, frame suppliers, glass and contact lens suppliers and copywriters at all times. MEYE NV may request brands that have not been photographed by MEYE NV directly from the supplier at any time. After approval from the relevant supplier, we will use the material for specific assignments. Please note, however, that certain brand production houses have very strict rules for campaign images. This means that we cannot use photos from certain brands in print and/or digital applications. Other messages such as discounts and promotions may never be added to a supplier’s images without permission from that supplier. MEYE always complies strictly with the supplier/partner’s BRAND BOOK.
The optician undertakes not to provide the services referred to in Article 1 to persons who are not MEYE customers.
ARTICLE 7 – DURATION
This contract shall remain in force for an indefinite period.
ARTICLE 8 – WITHDRAWAL
A notice period of 6 months applies to all MEYE’s services such as: MEYE CLUB, MEYE CONTENT, MEYE SOCIAL, MEYE COMFORT and MEYE CLOUD.
Withdrawal is effected by means of notification by registered letter, whereby a notice period of 6 months must be respected that takes effect on the third working day following the postage date of the registered letter.
The contract shall remain fully in force during the cancellation period.
ARTICLE 9 – EXCLUSION – DAMAGES
An optician who infringes the provisions of this contract will be notified of default by registered letter. If the issue is not rectified within 15 days of receiving the registered letter, the contract will be terminated by operation of law at the optician’s expense.
Among other things, infringements include:
– The non-payment of invoices issued by MEYE.
– Deliberate damage to MEYE’s reputation and prestige by the optician.
– The use of services and products mentioned in this contract other than at the location agreed in this contract.
The optician undertakes not to provide services referred to in Article 1 to persons who are not MEYE’s customers. If the optician passes on services, products, images, campaigns, photo material, texts, concepts and other elaborations of MEYE NV, deliberately or otherwise, to parties who are not MEYE CLUB members, the member will be immediately removed as a MEYE NV customer and will be prosecuted through the courts for a fine amounting to at least 1 year of MEYE CLUB membership. This will be done for each user/shop that is not a customer of MEYE NV.
ARTICLE 10 – CONFIDENTIAL CHARACTER
MEYE acknowledges that all information relating to the optician, of which it has become aware during the present contract, is confidential and secret. MEYE agrees not to disclose this information either during the contract or after it has ended.
The URL, QR codes, data and sales made through MEYE CLOUD remain the sole property of the optician/customer.
ARTICLE 11 – LIABILITY
The optician and MEYE are each solely responsible and liable for their own compliance and that of their employees, agents or subcontractors with the duties and obligations to which they have committed themselves in this contract.
As the optician, you are solely responsible and liable towards your customers for all your possible commercial or non-commercial contracts and will ensure that the contracts are fulfilled in accordance with the General Data Protection Regulation (GDPR) and with the agreements made with these customers.
All work and assignments performed by MEYE imply an obligation of means and not an obligation of result. This means that MEYE will always make an effort to carry out the assignment to the best of its ability, without, however, being able to guarantee the result.
ARTICLE 12 – PARTIAL INVALIDITY
The invalidity or unenforceability of one or more clauses in this contract does not affect the validity and enforceability of the remaining provisions.
ARTICLE 13 – TRANSFER
This contract is not transferable, in whole or in part, without MEYE’s prior written consent. Such consent is also required in the context of a merger, sale of shares, trading activities or similar transactions.
ARTICLE 14 – APPLICABLE LAW – COMPETENT COURT
This contract is governed and interpreted in accordance with Belgian law. The courts of Antwerp have exclusive authority to rule on any dispute arising from this contract.