TERMS OF USE

updated on May 14th, 2020

Introduction

About us

The address of our website is: https://audiogramme.fr.

Company Audiogramme
87 rue de Goprez
54240 Joeuf 
France

Siret number: 81057348500010

Customer service

Monday to Friday from 09:00 to 12:30 / 13:30 to 18:00
e-mail: info@audiogramme.fr

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Audiogramme or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Audiogramme/Cap’Entreprendre, with copyright authorship for this collection by Audiogramme, and protected by international copyright laws. Reproduction in whole or in part is strictly prohibited and may constitute a forgery.

1. TERMS OF USE

The following terms and conditions (the “Terms of Use” or “Terms”), including the terms and conditions of any other policies the Terms link or refer to, govern your access to and use of audiogramme.fr (or any subdomains thereof), or one of our other websites, applications or other services from which you are accessing these Terms (individually and collectively referred to herein as a “Site” or the “Sites”). The Sites are made available by Audiogramme (collectively, “Company,” “we” or “us”). The terms “you,” “your,” and “user” refer to anyone who accesses or visits a Site. ​

These general terms of use will prevail over all other terms appearing in any other document, except prior exemption. These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on the Terms of Use page of the audiogramme.fr website.

By accessing or using the Site, you acknowledge that you have read and understood these terms of use, and that you accept these terms of use without reservation.

2. PRODUCTS

Audiogramme and their associates attempt to be as accurate as possible. However,The photographs illustrating the products do not enter the contractual field. Audiogramme does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Audiogramme itself is not as described, your sole remedy is to return it in unused condition.

3. ORDER

The order can only be registered on the website if you are clearly identified by your user code (his personal email address) and your password which are strictly personal.

Automatic registration systems are considered proof of the nature, content and date of the order. Audiogramme confirms your order by sending you an email to the email address that you have communicated to us. The order will be placed and confirmed only after the payment has been accepted.

Audiogramme  reserves the right to cancel any order from a customer with whom there has been a dispute over the payment of a previous order. In some cases, including erroneous address, payment default or any other problem relating to the order, Audiogramme, reserves the right to block the order, until resolution of the problem. You are responsible for the information e.g. the information you give us when placing an order: in case of error in the wording of the recipient’s details, Audiogramme can not be held responsible for the impossibility of delivering the product.

Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. In that case, Audiogramme will inform you as soon as possible and will refund the unavailable item.

4. PRICE

The prices displayed on the Site are expressed in euros. The prices indicated on the product sheets do not include transport. In addition, if you are based outside France, you bank may charge you conversion fees or other types of fees because you are making a purchase outside your country of residence. You may want to check with your bank about these fees before purchasing on The Site.

The prices are displayed excluding taxes (HT) because Audiogramme is a micro-entreprise and according to article 293 B of the CGI, micro businesses do not collect VAT.

Prices displayed on the Site or during the final calculation of the order do not include customs fees or other taxes. Any customs and other taxes must be paid by the Customer directly to the carrier.

Prices can not be changed once the order has been validated. The price charged to the customer is the price indicated on the order confirmation sent by Audiogramme. The price of the products are due on the day of the actual order.

5. CUSTOMS DUTIES AND TAXES

Orders placed on audiogramme.fr in a country outside the European Union may be subject to taxes and customs duties that are imposed in the country of destination.

These customs duties and taxes are your responsibility. Audiogramme is not required to inquire about these potential customs duties or taxes or to inform you. If the you refuse to pay the customs duties, the order will be canceled and refunded but the shipping costs and any customs clearance fees will be deducted from the refunded amount.

6. PAYMENT

To process payments, we use Paypal as our payment platform. For each order, an invoice will be sent to you by email after the payment has been accepted.

Your bank details will be encrypted and will not circulate in any case in the clear on the Internet.

You can pay with a PayPal account or by credit cards via Paypal. Paypal guarantees the security of your payment. Your card number will never be communicated to us. The exchanges are encrypted and secured thanks to the SSL 3 (Secure Socket Layer) protocol on the Internet, a protocol that has become a worldwide standard and is usable by the main browsers. You will find all information on the Paypal website: www.paypal.com.

We recommend that you follow the following security tips to protect yourself on the internet:

• Never reply to emails asking you to enter personal and confidential information and do not click on the links they contain. Audiogramme will never ask you for this kind of information by email.

• Use an up-to-date antivirus and firewall and regularly update to fix security vulnerabilities in your operating system.

• Do not open email attachments that you may receive unless you know and trust the sender.

Audiogramme/Cap’Entreprendre reserves the right to make a notice of fate with your financial institution to ensure the guarantee of the payment.

7. DELIVERY

Please note that with the current events resulting from the Covid 19 situation, the delivery times mentioned below may be longer than usual.

7. 1 General

Orders are shipped to the address indicated on the order form that you will have filled in and which can only be in the agreed geographical area. Audiogramme can not be held responsible for any errors in the customer’s input and the consequences that may result from it(e.g. errors or delays in delivery). In this context, the costs incurred for the return of the order would be charged to you.

When your order is placed, it will be processed and prepared manually with the greatest care to ensure a perfect condition of the product upon arrival. It is your responsibility to check the condition of the items and, in case of damage, to refuse the package and to note a reservation on the delivery note.

In case of damage during transportation, you must notified the carrier AND Audiogramme within three days from the delivery.

All claims relating to a defect in the delivered goods, an inaccuracy in the quantities or to their erroneous reference must be transmitted to Audiogramme within 48 hours upon receipt of the parcel. Otherwise, the right to claim will cease to be acquired.

7.2 – Delivery time

Processing time to validate the order: 24 to 72h (working days)

Orders are considered valid upon receipt of payment.

The delivery times vary depending on the delivery area:

– Delivery time for France: 2 to 3 working days via La Poste, 3 to 7 working days via parcel points.

– Delivery time for the European Union, Switzerland and DOM-TOM: 4 to 5 working days.

– International delivery time (outside EU): 5 to 15 working days.

Delivery times are only indicative; if they exceed thirty days from the order, the contract of sale may be terminated and you may be refunded.

You will have the possibility to follow your parcel thanks to the tracking number which will be communicated to you by email during the sending of the order.

In case of delivery outside France, Audiogramme can not be held responsible for a blockage by the customs in the country of destination. No compensation can be asked to Audiogramme/Cap’Entreprendre in case of seizure or blocking.

7.3 Delivery time of pre-orders:

We offer you to purchase pre-order items for which you will have manufacturing options such as the color of the belt, etc. In order for the manufacturing factory with which we work to start production, we must reach a minimum quantity of orders.

Hence a wait of several weeks may be expected for the product to be available and sent to you. In all cases, we strive to give as much information as possible on the dates of availability. Delivery times for pre-orders are only indicative.

A pre-order is taken into account only once paid in full, during the payment of your order.

If your order contains a pre-ordered item as well as items already available, you will receive the whole once the pre-ordered item available. We recommend that you order the items in stock separately.

7.4 – Delivery costs

Shipping costs are charged in addition to the selling price of the products and they vary according to the amount of the order, the country of delivery, the kind of carrier service you will have chosen , and the weights and volume of the articles to be delivered.

In Metropolitan France, delivery shipping costs are free for orders of or over 200 euros.

To know the delivery costs, you must be registered on the Site and have added your products to your cart and the calculation will be done automatically.

8. RETURN OF ARTICLES

In accordance with Article L. 121-1 of the Code of consumption, you have a period of 14 working days maximum from the date of receipt of his order (as attested to by postmark), to return any item that may not suit him and ask for a refund. However, because of the current events resulting from the Covid 19 situation, you will have a maximum of 30 days to return the items. This measure will be applied exceptionally until further notice.

Audiogramme does not exchange items, we only do refunds. For any exchange of size or color, you must return the product to be reimbursed and place a new order on the Site.

The return costs are free for shipments in France. In other countries, the cost of return are the responsibility of the customer.

To make a return, you must request a return form and authorization number by contacting Audiogramme ‘s customer service by email : info@audiogramme.fr.

We reserve the right to refuse any damaged article which would not have been the object of remarks or reserves expressed by you from the reception. To be accepted by Audiogramme, items must be returned with all original tags attached, in any original packaging, unwashed, unworn and unaltered.

The refund of returned items will be made according to the payment method of the items, by crediting your bank account corresponding to the credit card used for payment or via Paypal. This refund will be made by Audiogramme within 30 days of receipt and acceptance of returned items.

9. ANTI-FRAUD CONTROL

Audiogramme/Cap’Entreprendre, controls all orders that have been validated on the Site. These controls aim to protect Audiogramme against abusive practices operated by thieves.

As part of these procedures, Audiogramme or any person authorized by it, also reserves the right to request from you the necessary documents for the execution of the order: proof of address, a copy of the Exhibit d identity and a copy of the credit card used for the purchase by hiding all the figures except the last 4. These requests will be made by mail with acknowledgment of receipt.

Information related to your order is processed in order to define a level of analysis of a transaction and to fight against credit card fraud.

The occurrence of an unpaid due to the fraudulent use of a credit card without the authorization of its owner will result in a complaint to the police of Nancy, France.

10. DISPUTES

This contract is subject to French law. Audiogramme can not be held responsible for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any modifications of the products resulting from the manufacturers. The responsibility of Audiogramme will, in any case, be limited to the amount of the order and can not be blamed for simple errors or omissions that could have remained despite all the precautions taken in the presentation of products. In case of difficulties in the application of this contract, you have the possibility, before taking any legal action, to seek an amicable solution by contacting the Audiogramme client service by email at info@audiogramme.fr.

Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who may want to explain their situation. In case of dispute, the user will first contact the company to obtain an amicable solution. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the user honors their financial commitments to Audiogramme.

Otherwise, the Commercial Court of VAL DE BRIEY is the only competent, whatever the place of delivery and accepted method of payment are.

11. WARRANTY

In all cases Audiogramme can not be held responsible for non-compliance with the regulations and laws in force in the country of reception, the responsibility of Audiogramme is systematically limited to the value of the product in question, value to its date of sale and without recourse to the brand or company that made the product.

In any case, you benefit from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). Provided that you prove the hidden defect, Audiogramme must legally repair all the consequences (art.1641 and following of the civil code); if the customer goes to court, they must do so in a “short time” from the discovery of the hidden defect (art.1648 of the civil code).