PREAMBLE
The company "AURIS" SA with a capital of 225 000 € registered at the RCS of SAINT ETIENNE under the number SIREN 404 750 572.
HEAD OFFICE :
RUE FRANCOIS DURAFOUR
ZAC PARC DES MURONS
42163 ANDREZIEUX BOUTHEON CEDEX.
AURIS :
BP 90146 - 42163 ANDREZIEUX BOUTHEON CEDEX
Tel : 04 77 92 30 90
Fax : 04 77 92 30 99
VAT number : FR05 404750572
Represented by its current president, hereinafter referred to as "AURIS", and on the other hand any non-trading and non-professional individual, hereinafter referred to as "the client", making a purchase from AURIS alone or collectively and/or using the services of this company. Any order for an AURIS product or any use of an AURIS service implies the client's unreserved adherence to and acceptance of the present conditions, of which he acknowledges having been informed. The relationship between AURIS and the client shall be governed exclusively by these conditions, which exclude and replace any other conditions.
OBJECT
The present conditions apply in metropolitan France and DOM TOM to the sale of AURIS products and the use of AURIS services by mail, telephone and fax.
PRESENTATION OF THE PRODUCTS
The products and materials presented in the commercial documents, catalogs and other brochures distributed by AURIS as well as on the AURIS website are subject to change without notice by the manufacturers, for which AURIS cannot be held responsible. AURIS reserves the right to complete and modify this information at any time and without notice.
PRODUCT CHARACTERISTICS AND PRECAUTIONS FOR USE, IMPORTANT WARNING
AURIS magnetic products have an active magnetic principle, often involving prolonged contact with the skin. AURIS invites the customer to meet with his or her physician before using the products sold to confirm the absence of contraindications and to advise him or her on the basis of his or her medical situation. In particular, the use of magnets is not recommended for people with pacemakers or for pregnant women during the first three months of pregnancy. Furthermore, AURIS products are not a substitute for medical treatment. AURIS declines all responsibility for the medical consequences of the products sold, the customer being solely responsible for their use. Magnets should not be knocked together as they may break and splinter. Be careful when handling the magnets, they can cause severe pinching. Do not place the magnets near electronic or computer equipment, bank cards, magnetic strips, watches... and any other device likely to be disturbed by a magnetic field. The magnetic north is marked according to international standards. Magnets are not toys and must be kept out of reach of children. The nickel undercoating required for plating neodymium magnets may cause allergies. This disclaimer releases AURIS from any liability. Unless otherwise stated, all items meet CE standards.
PRICES OF PRODUCTS AND SERVICES
The products and services are sold at the price in effect at the time the order is registered and accessible on the AURIS paper catalog or via its website at the address "http://www.aurismagnetic.com/catalogue/catalogue-produits_1.html". The prices are indicated in euros, all taxes included, and are valid until the date mentioned on the commercial document or the website, unless modified, of which the client is informed as soon as possible. They take into account the VAT applicable on the day the order is registered. The prices can be modified at any time, in particular to take into account an increase of the charges or a modification of the VAT rate. The costs of postage, packaging and/or insurance are claimed in addition. The amount of these costs mentioned on the commercial documents, order forms or the website only concerns sales delivered in metropolitan France. For other destinations, the client must consult AURIS to know the applicable rate.
OFFER AND AVAILABILITY OF PRODUCTS
Product offers are valid only within the limits of available stocks. If a product is not available after the order has been placed, AURIS will inform the customer as soon as possible and indicate the waiting period. The client may then, at his discretion, either wait for delivery of the product ordered, or request a replacement article with identical characteristics under conditions to be specified by AURIS, or request cancellation of his order and reimbursement of the sums collected by AURIS.
OCCASIONAL PROMOTIONAL OFFERS
In the event of a promotional offer, this is limited to the prices and/or products indicated on AURIS' commercial documents, on its paper catalog or on its Internet site and within the limits of available stocks. The promotional offer is subject to the specific conditions governing it, particularly concerning its duration, which is always limited in time. After the deadline, AURIS cannot guarantee the availability of the products in these offers.
ORDERS
The client places an order either by telephone on 04 77 92 30 90, or by order form included in the catalog or attached to it and sent to AURIS by post (AURIS - BP 90146 - 42163 ANDREZIEUX BOUTHEON CEDEX), by fax on 04 77 92 30 99 or by any other electronic means. The order is only valid if it contains all the correct and legible information necessary for its processing and conforms to the model of the order form appearing in the catalog, in particular concerning the designation of the products and the delivery address. AURIS shall not be liable for any errors made by the customer when ordering. The contract of sale is only formed if the valid order is registered by AURIS. The order is registered after receipt and full payment. It is hereby made clear that AURIS will not apply any discount. AURIS reserves the right not to register an order if a previous order by the customer remains totally or partially unpaid or if the customer does not comply with the above order placement procedure. Each order implies acceptance of the prices, the descriptions of the products presented and the general conditions of sale. In any case the catalog can be considered as a contractual document. Any sum not paid at the due date appearing on the invoice entails by right from the day following the date of payment mentioned on the said invoice the application of penalties of an amount equal to the legal interest rate from the day following the date of payment mentioned on the invoice.
PAYMENT
The payment is made at the order in euros by check, credit card or money order.
RETENTION OF TITLE CLAUSE
The goods delivered remain the property of AURIS until full payment of the price. The risks are transferred as soon as the customer takes possession of his order.
DELIVERY
When ordering, the customer must indicate legibly and precisely the place of delivery. The shipping costs of 5€90 are fixed for metropolitan France except for special offers from AURIS for which the shipping costs are indicated in the offer in question. The sales conditions and prices published by AURIS are valid for deliveries from ANDREZIEUX to metropolitan France. For deliveries outside metropolitan France, the customer must consult AURIS. The methods of shipment are determined by AURIS to best satisfy the customer. AURIS undertakes to deliver to the customer as soon as possible, i.e. in most cases and except for stock shortages, within 3/4 working days and at the latest within 30 days following registration of the order, which is usually the day of its receipt by AURIS. However, in the event of a delay in delivery exceeding the above-mentioned period, the consumer has the right to cancel the contract under the conditions of Article L 138-2 of the Consumer Code. In any case, the delivery within the deadline can only occur if the buyer is up to date with his obligations towards the seller.
OPTION OF RETRACTION
Upon receipt of the product, the customer must check the number, the condition and the conformity to his order. If the customer is not satisfied with the product he has received, he has a period of fourteen clear days from receipt to return it to AURIS - BP 90146 - 42163 ANDREZIEUX BOUTHEON CEDEX and obtain either the exchange of the product or its refund.
EXCHANGE OR REFUND
The request for exchange or refund must accompany the returned product and will be processed only after receipt by AURIS of the original product in good condition, complete, without traces of use and preferably in its original packaging in good condition. However, the original packaging is essential if it contains a serial number allowing the product to be identified. The customer is also reminded that, in accordance with the provisions of Article L 121-21-8, 5° of the Consumer Code, the right of withdrawal can not be exercised for the supply of goods that have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection. When a customer returns an item that he has paid for and requests a refund, the following terms and conditions will apply:
The product is returned of the customer's will: refund of the product and shipping costs, return shipping costs at the customer's expense.
The product is returned because of the responsibility of AURIS: reimbursement of the product, shipping costs and possible return costs (on the basis of the tracked colissimo). If the product requested in exchange is of a higher price than the returned product, the exchange will only be carried out after payment of the remaining price by the customer. Conversely, if the product requested in exchange is of a lower price than the returned product, the customer will receive a refund of the amount of the price difference or a credit note valid for one year. Gifts subject to a purchase amount can only remain the property of the customer if the amount of his order remains equal to or higher than the minimum required following the refund of one or several items.
WARRANTY
No conventional warranty is attached to the products with the exception of electrical products or products with a mechanism for which a three-month warranty is offered by AURIS from the time of receipt by the customer. This warranty includes repair or replacement at the expense of AURIS if the product proves to be defective after examination by AURIS technicians and if the defect was not caused by misuse by the customer. The client is informed that the products marketed by AURIS are accompanied by instructions for use which must be scrupulously observed. In accordance with the provisions of Article L 133-3 of the French Consumer Code, AURIS reminds customers of the existence of the following guarantees:
LEGAL GUARANTEE OF CONFORMITY
Article L211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility." Article L 211-5 of the Consumer Code: "To be in conformity with the contract, the goods must :
Be fit for the purpose usually expected of similar goods and, where appropriate :
Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L 211-7 of the French Consumer Code: "Defects of conformity that appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise."
Article L 211-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.
Article L 211-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between repairing or replacing the good."
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In such a case, he is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L 211-10 of the French Consumer Code: "If repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good and have part of the price returned."
Article L 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Legal guarantee of hidden defects:
Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, had he known of them."
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The Vendor shall replace as soon as possible and at his own expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Client.
AURIS's warranty is limited to the reimbursement of the products actually paid by the Customer and the Seller shall not be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
LIABILITY
AURIS shall not be held liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damage or expenses.
SERVICES
AURIS offers its clients additional information services available by telephone at the number indicated on the commercial documents and the website. These services make it possible to identify the client's needs and to inform him/her about the evolution of the products. In no case do these services replace medical advice. Apart from the cost of the telephone call, these services are currently free. However, AURIS reserves the right to modify the conditions of access and use of these services at any time.
INTELLECTUAL PROPERTY
All elements of the commercial documents and the AURIS website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of AURIS or its suppliers, who do not grant any license or any other right than that of consulting the website. The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes are expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property Act, except with the prior written authorization of AURIS.
PERSONAL DATA
Auris SA reserves the right to collect data concerning the client. For commercial reasons, AURIS may pass on this data to a partner. The client may expressly object to the disclosure of data concerning him/her by writing to AURIS - BP 90146 - 42163 ANDREZIEUX BOUTHEON CEDEX, by fax to 04 77 92 30 99 or by e-mail (contact us section). Moreover, in accordance with the law of January 6, 1978, the customer has a right of access and of correction of the personal data concerning it.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Auris SA reserves the right to modify these general terms and conditions of sale at any time and without prior notice. The modified general terms and conditions of sale will apply to orders placed after the new terms and conditions have been made public, in particular on the website. Before placing an order, the client is invited to consult the website or to call AURIS (04 77 92 30 90) to check the current sales conditions.
INDEPENDENCE OF THE PROVISIONS
If one or more of the provisions of the present general terms and conditions should be cancelled or invalidated, the other provisions shall retain all their force and scope.
LEGAL CAPACITY
It is hereby recalled that no order placed by a minor shall be accepted by "AURIS". Under no circumstances shall "AURIS" be held responsible for any harmful consequences resulting from the placing of an order by a minor. By placing an order and consequently accepting these General Terms and Conditions of Sale, the Customer declares that he/she is in full legal capacity.
APPLICABLE LAW AND JURISDICTION
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not have been solved amicably between the salesman and the customer, will be subjected to the competent courts under the conditions of common law. The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. art. L 534-7) or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of contesting.
MEDIATION
In the event of a dispute between the professional and the consumer, they shall endeavour to find an amicable solution. If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional. The referral to the consumer mediator must be made : - either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; - or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS. Mediation concerns: disputes between the professional and the consumer concerning the execution of a sales or service supply contract.