General Terms and Conditions

General Terms and Conditions of Sale

Preliminary remarks

• Purpose

www.www.seriniti.fr is freely accessible to all Internet users. Its purpose is the online sale of hearing aids, listening assistants, hearing aids, batteries and eartips, accessories and all offers of products or services intended for the operation of listening assistants and hearing aids designed or manufactured by SERINITI or by major brands existing on this market, for natural persons or traders.

• Acceptance of the general conditions

Ordering on the present site implies the acceptance of the present general conditions. The Internet user recognizes by the same fact to have taken fully knowledge of it and to give up its own conditions. This acceptance will consist in the fact, for the Internet user, of checking the box corresponding to the following sentence "I acknowledge having read and accepted the general conditions of sale and use of the site". This fact of checking the box will be deemed to have the same value as a handwritten signature. The Internet user is aware of the value of the Publisher's automatic recording systems as evidence and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute. Acceptance of these terms and conditions assumes that the user has the legal capacity to do so, or if not, that he/she has the authorization of a guardian or curator if he/she is incapable, or of his/her legal representative if he/she is a minor.

How to subscribe and description of the purchase process

The availability of products is indicated on the site, in the description of each item. In order to place an order, users can select one or more items and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. When consulting their basket, users will be able to check the number and nature of the items they have chosen and will be able to check the unit price as well as the total price of the order. They will be able to remove one or more items from their basket. On this summary will be also indicated to the Internet users the faculty of which they have or not to exercise their right of retraction as well as the deadlines which apply to it. If they are satisfied with their order and wish to validate it, Internet users can click on the validate button, they will then access a form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with personal information about them. Once they are connected, or after they have completed the form, customers will be invited to check or modify their delivery and invoicing details and will then be invited to make their payment by being redirected to the secure payment interface of the service provider LCL. Once the payment has been received by the Website Editor, the latter undertakes to acknowledge receipt of the payment to the customer electronically within a maximum of 24 hours. Similarly, and within the same period of time, the Publisher undertakes to send the customer an e-mail summarising the order and confirming that it has been processed, including all information relating to the order, the products ordered, their delivery and the procedures for exercising their right of withdrawal.

Price

The prices indicated on the website are in euros (€), including all taxes, but excluding delivery costs. These prices are subject to change at any time by the Publisher. The prices shown are valid only on the date of the order and are not effective for the future. Delivery charges will, in any case, be indicated to the customer before payment is made.

Retention of title clause

The products sold remain the property of the Publisher until full payment of the price, in accordance with this retention of title clause. The risk passes to the customer upon delivery.

The "Satisfied or 20-days money-back guarantee"

The SERINITI company has set up the "Satisfied or 20-days money-back guarantee", allowing any person who has purchased at least one Orison hearing aid on the website www.www.seriniti.fr or by mail order, to have a period of twenty (20) clear days from the date of purchase, to request a refund. In order to obtain a refund, it is up to the purchaser to return, at his own expense, the package to the following address :

SERINITI SAS - 18 place de l'Iris - 92 400 Courbevoie La Défense, FRANCE.

All returns must be accompanied by a letter explaining the reason for the request to execute the offer. The SERINITI company commits itself to reimburse any product that has been returned complete (original packaging, instructions, accessories, copy of the purchase invoice) and the returned products will have to be in perfect condition for resale, they will not have to be soiled, washed, or damaged (due to their use). Consumers will not be able to claim the "Satisfied or 20-days money-back guarantee" offer for orders of all products clearly personalized or made according to their specifications or for any return made beyond the period of twenty (20) clear days.

Guarantees for products purchased on this site

In case of defect of a product bought on the present site, the customers have, in accordance with the provisions of the civil code as regards legal guarantee of the hidden defects, a two years deadline as from the date of discovery of the defect of the aforementioned product to ask for the exchange or the refunding of it and, pursuant to Article L211-5 of the Consumer Code, they will have a period of two years from the date of receipt of the said product to request an exchange or refund, in the event that the goods delivered do not conform, in the sense given to this word by the aforementioned article. In order to exercise any of these rights, they should contact the Publisher's customer service department. As a latent defect is a defect in the product which, under normal conditions of use, renders it unfit for the purpose for which it was intended, and as the obligation to conform is understood to mean the delivery of the contractually agreed product, the Publisher is not liable for, among other things, normal wear and tear of the products, poor maintenance of the products, accidental damage or damage resulting from abnormal use of the products.

Personal account

• Creation of a personal account

The creation of a personal account is a prerequisite for any order from an Internet user on this site. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information or the contract will be terminated by the Publisher and the account deleted. Certain information will be deemed essential to the conclusion of the contract and its collection will be indispensable for the creation of the personal account and the validation of the conclusion of the contract. The refusal by a user to provide such information will prevent the creation of the personal account and, incidentally, the validation of the order.

• Functioning

This account allows the customer or member to consult all his orders made on the site and also allows him to follow the delivery of the goods purchased. If the data contained in the account were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the Publisher cannot be held liable, as this information has no evidential value but is solely informative. The Publisher undertakes, however, to keep in a secure manner all contractual elements which are required to be kept by the law or by the regulations in force. The Publisher reserves the sole right to delete the account of any member who has breached these terms and conditions (including, but not limited to, where the user has knowingly provided false information during registration and the creation of the personal area) or has been inactive for at least one year. The said deletion shall not constitute damage for the excluded user who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the member, when the facts justify it.

• Password

When creating a personal account, the user is asked to choose a password. This password guarantees the confidentiality of the information contained in the "My account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorised access to a user's account.

Publisher's Newsletter

By ticking the box provided or by expressly agreeing to this, members agree that the Publisher may send them, at a frequency and in a form to be determined by the Publisher, a newsletter which may include information relating to the Publisher's business. By checking the appropriate box, the user agrees to receive commercial offers from the Publisher for products and services similar to those ordered. Subscribing members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

Information relating to the Data Protection Act of 06/01/1978

• General - Purpose - Duration

Internet users are free to provide personal information about themselves. The provision of personal information is not essential for navigation on the site. On the other hand, registration on this site implies the collection of a certain amount of personal information about users by the Publisher. Users who do not wish to provide the information necessary to create a personal space will not be able to place an order on this site. The data collected is necessary for the proper administration of the services offered on this site and for the Publisher to fulfil its contractual obligations. This data is kept by the Publisher in this sole capacity and the Publisher undertakes not to use it for any other purpose, nor to pass it on to third parties, except with the express consent of the users or in cases provided for by law. The data of all users registered on this site will be stored for a maximum of six months from the termination of the contractual relationship, which is a reasonable period of time necessary for the proper administration of the site and for normal use of the data. These data are kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of 6 January 1978.

• Right of access, rectification, opposition

In accordance with this law, users have the right to oppose, question, access and rectify the data they have provided. To do so, they need only send a request to the Editor of this site, by e-mail to the following address: contact@www.seriniti.fr or by post to the address of the Editor's head office, mentioned at the top of these general conditions. The personal data collected are subject to computer processing and are exclusively reserved for the site editor. The personal data collected is not transferred abroad. CNIL declaration number: 1973929.

• IP address

In addition, the Editor reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be used to enable the proper administration of the services offered on this site. The IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet. The Publisher shall disclose all personal data relating to an Internet user to the Police (upon judicial requisition) or to any person (upon court order). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).

Notice regarding the collection of "cookies

• General - Purpose - Duration

In order to allow all Internet users to optimise their browsing on the present site and to improve the operation of the various interfaces and applications, the Publisher may install a cookie on the user's computer. This cookie allows the storage of information relating to navigation on the site (date, page, time) as well as any data entered by Internet users during their visits (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to one month and may be read and used by the Editor during a subsequent visit by the user to this site.

• Right to object to the installation of the cookie

The user has the option of blocking, modifying the retention period or deleting the cookie via the browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimised. If the systematic deactivation of cookies on the Internet user's browser prevents him/her from using certain services or features provided by the Publisher, this malfunctioning shall in no way constitute damage for the member who shall not be entitled to claim any compensation as a result.

• Deletion of cookies

Internet users may also delete cookies previously stored on their computer by going to the appropriate menu in their browser (generally: tools or options / privacy or confidentiality). Such action has no impact on their navigation on this site, but users lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.

Waiver of the Publisher's liability in the performance of this Agreement

In case of impossibility of access to the site, due to technical problems or of any nature, the customer will not be able to claim any damage or compensation. The unavailability of one or more products, even if prolonged and without any time limit, shall not constitute a prejudice for Internet users and shall not give rise to the awarding of damages by the site or its Publisher. The Publisher shall not be held liable for any failure to perform or improper performance of the contract that may be directly or indirectly attributable to the customer or to a case of force majeure, as defined by the courts of French law. The visual representations of the products published on this site are guaranteed by the Publisher to be perfectly faithful to reality, in order to satisfy its obligation to provide perfect information. However, given the current state of the art, the rendering of these representations, particularly in terms of colour or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. The Publisher shall not be liable for any such variations or differences. The products sold on this site are marketed in accordance with the regulatory and legislative provisions in force in France, and the Publisher cannot therefore be held responsible for non-compliance with the regulatory and legislative provisions in other countries. The hypertext links on this site may lead to other websites and the Editor cannot be held responsible if the content of these sites contravenes the legislation in force. Similarly, the Editor of this site shall not be held liable if the visit of one of these sites by the Internet user causes him/her harm.

Intellectual property rights relating to the elements published on this site

All the elements of this site belong to the Editor and are therefore protected by the legislation relating to intellectual property. Users therefore acknowledge that, in the absence of authorisation, any total or partial copying and any distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings being taken against them by the Publisher or its assignees. This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.

Changes to the General Conditions

These terms and conditions may be amended at any time by the Site Editor or its agent. The terms and conditions applicable to the customer are those in force on the day of the order. The Publisher will, of course, keep all its previous terms and conditions and send them to any user who requests them.

Applicable law and jurisdiction

The present general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French.

Amicable settlement of disputes

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions could, before any legal action, be submitted to the appreciation of the editor of the site in view of an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for legal action.

Divisibility

If one of the clauses of these general conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

Nullity

The Publisher's temporary or permanent waiver of any provision of these terms and conditions shall not constitute a waiver of the remainder of the terms and conditions.