Terms and Conditions of Sale
• Purpose of the site
The site www.seriniti.fr is freely accessible to all Internet users. Its purpose is the online sale of hearing aids, hearing assistants, hearing aids, batteries and eartips, accessories and all offers of products or services intended for the operation of hearing assistants and hearing aids designed or manufactured by SERINITI or by major brands existing on this market, for natural persons or merchants.
• Acceptance of the general conditions of sales
The order on the present site supposes the acceptance of the present general conditions. The Internet user recognizes of 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 case corresponding to the following sentence "I acknowledge having read and accepted the general conditions of sale and use of the site". This checking of the case will be deemed to have the same value as a handwritten signature. The Internet user is aware of the value of proof of the Publisher's automatic recording systems and, unless he/she provides proof of the contrary, he/she 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.
The availability of products is mentioned 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 shopping cart. When their order is complete, they can access their shopping cart by clicking on the button provided for this purpose. By consulting their shopping cart, the Internet users will be able to check the quantity as well as the nature of the items they have chosen and will be able to check the unit price as well as the global price of the order. They will be able to remove one or more items from their shopping cart. On this summary will also be indicated to the Internet users the faculty of which they have or not to exercise their right of retractation as well as the time limits which apply to it. If they are satisfied with their order and wish to validate it, they 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 themselves. Once they are connected, or after they have fully completed the form, customers will be invited to check or modify their delivery and billing 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 Site 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 summarizing the order and confirming its processing, including all information relating to the order, the products ordered, their delivery and the terms and conditions for exercising their right of withdrawal.
The prices indicated on the site are in euros (€), all taxes included, excluding delivery costs. These prices may be changed at any time by the Publisher, the prices displayed are valid only on the day of the order and are not effective for the future. Delivery charges will, in any case, be indicated to the customer before payment.
For all orders less than or equal to 2 000€ TTC, the Internet user can place an order on the present site and make his/her payment in different ways :
- France : credit card, Paypal, PayPal 4 times free of charge, bank check ;
- Outside of France : credit card, Paypal, PayPal 4 times free of charge.
For orders over 2,000€, the customer must contact the Publisher's customer service department. Payments by credit card are made through secure transactions provided by Crédit Lyonnais. In the case of credit card payments, the Publisher does not have access to any data relating to the User's means of payment. The payment is made directly to the banking institution Le Crédit Lyonnais.
• Carriers and prices
All orders over 50€ including VAT are sent with the following delivery services :
- France : Colissimo Expert or Chronopost.
Price : 0€
- Outside France : Chronopost or UPS.
Price : 0€.
All orders under 50TTC are sent with the following delivery services :
- France : National tracked letter.
Price : 0€
- Outside of France : international tracked letter.
Price : 3€.
• Delivery time
The orders are delivered within two to five working days from the perfect collection of the price corresponding to the order. Certain products or certain volumes of orders may nevertheless justify a longer delivery time, this will be expressly mentioned to the consumer when the order is validated.
• Error of delivery and apparent defect
The customer undertakes to check the conformity of the product to his/her order upon delivery. Any error of delivery compared to the order or apparent defect will have to be the subject of a complaint within three clear days as from the delivery. After this period, the product will be deemed to have been received in conformity by the customer, who will no longer be able to claim a delivery error or an apparent defect.
• Damage and partial loss
In case of delivery of a package obviously and visibly deteriorated, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The user must also inform the Publisher without delay so that a new parcel can be prepared and sent to the customer upon receipt of the damaged parcel. Likewise, the customer must refuse any incomplete package or package with damaged items. In accordance with article L 133-3 of the French Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following the day of receipt, the recipient has not notified the carrier, by registered letter, of his justified protest. In the absence of proceeding to this formality, the customer will not be able to be compensated.
The products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the customer upon delivery.
• Customer service
The customer service of this site is accessible from Monday to Friday by e-mail at email@example.com or by phone at (+33)9 72 58 43 52. The Publisher undertakes to provide a response within two working days.
• Legal right of withdrawal
In accordance with the legislation, consumers have a period of fourteen (14) clear days from the date of receipt of the package to request an exchange or a refund. In order to exercise this right, it is up to them to return (at their own expense) the parcel to the following address :
The SERINITI company has implemented the "Satisfied or Refunded 20 days" offer, allowing any person who has purchased at least one ORISON hearing aid or one AZUR hearing aid on the www.seriniti.fr website, 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 buyer to return the package, at his/her own expense, to the following address :
SERINITI SAS - 18 place de l'Iris - 92 400 Courbevoie La Défense, FRANCE.
Any return must be accompanied by a letter explaining the reason for the request. SERINITI will reimburse any product that has been returned complete (original packaging, instructions, accessories, copy of the purchase invoice) and the returned products must be in perfect condition for resale, they must not be soiled, washed or damaged (due to their use).
Consumers will not be able to claim the "Satisfied or refunded 20 days" 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
For a simplified management of returns, the buyer can use the contact form by choosing the option "I wish to return a product".
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, in application of 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. The Publisher is not liable for normal wear and tear, poor maintenance, accidental damage or damage resulting from abnormal use of the products.
• Creation of a personal account
The creation of a personal account is a prerequisite to any order of an Internet user, on the present site. To this end, the user will be asked to provide a certain amount of personal information. The user agrees 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 to the creation of the personal account and to 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.
This account allows the customer or member to consult all his/her orders made on the site and also allows him/her to follow the delivery of the purchased goods. If the data contained in the account were to disappear as a result of a fortuitous event, a technical failure or a case of force majeure, the Publisher cannot be held liable, as this information has no evidential value but is only informative. The Publisher undertakes, however, to keep in a secure manner all contractual elements whose retention is required by law or regulation. The Publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including, but not limited to, where the user has knowingly provided false information during registration and creation of the personal area) or has been inactive for at least one year. The said deletion will not constitute a damage for the excluded user who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the member, when the facts justify it.
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. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
By checking the case or expressly agreeing to do so, members agree that the Publisher may send them a newsletter at a frequency and in a form to be determined by the Publisher, which may include information about the Publisher's business. By checking the appropriate case, 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.
• 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, by the Editor, of a certain amount of personal information concerning the Internet users. Users who do not wish to provide the information necessary to create a personal account 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 fulfilment of its contractual obligations by the Publisher. 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 are stored for a maximum period 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 January 6, 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 make a request to the Editor of this site, by sending an e-mail to the following address : firstname.lastname@example.org or by post to the address of the Editor's head office, mentioned in the header 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 are 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 in an anonymous way, it will be preserved for the same duration as the personal information and will be intended only to allow a good administration of the services proposed 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).
• General - Purpose - Duration
In order to allow all Internet users an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the Editor may proceed to the implantation of a cookie on the user's computer. This cookie makes it possible to store 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 possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser (generally : tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him/her from using certain services or functionalities 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 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 does not affect 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.
In case of impossibility of access to the site, because of technical problems or of any nature, the customer will not be able to prevail himself of a damage and will not be able to claim any 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 French law. The visual representations of the products, published on this site, are guaranteed by the Publisher as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, given the current state of the art, the rendering of these representations, particularly in terms of color or shape, may slightly vary 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. These variations and differences cannot in any case be attributed to the Publisher, who cannot be held responsible for them. 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.
All the elements of this site belong to the Editor and are therefore protected by the legislation relating to intellectual property rights. Users therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against them by the Publisher or its beneficiaries. This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.
These terms and conditions may be changed at any time by the Site Editor. The terms and conditions applicable to the customer are those in effect 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.
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.
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will be able to be subjected to the appreciation of the editor of the site in view of an amicable settlement before any legal action. It is expressly reminded that the requests for amicable settlement do not suspend the time limits opened to bring legal actions.
If one of the clauses of the present general terms and 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.
The Publisher's temporary or permanent waiver of any provision of these terms and conditions shall not constitute a waiver of any other provision.