Auris, terms and conditions of sale

RECITALS

The present terms and conditions have been agreed between :

— of the one part : The company "AURIS SAS" with a capital of 222 600 € and registered in the RCS in Montbrison under the number 404 750 572 00046.

Head office

11 RUE FRANCOIS DURAFOUR - PARC DES MURONS - 42163 ANDREZIEUX BOUTHEON CEDEX - FRANCE.
Correspondence should be addressed to :

AURIS SAS
4TH FLOOR - LINCOLN HOUSE - 300 HIGH HOLBORN - LONDON WCIV 7JH
Tel : 020 7092 6681
fax : 04 77 92 30 99

represented by its general manager, here in after referred to as "AURIS",

— of the other part any non-trading and non-professional natural person, hereinafter referred to as "the customer", making a purchase alone or collectively from the company AURIS and/or using the services of this company. Any order for a AURIS product or any use of a AURIS service shall be considered as agreeement and acceptance without reserve by the customer of the present terms and conditions which he has read and understood. The relationship between AURIS and the customer shall be exclusively governed by the present, excluding and replacing any other conditions. The company AURIS is a member of the Fédération des Entreprises de Vente à Distance (FEVAD) and respects it Professional Code and its Quality Charter.


SUBJECT MATTER
The present conditions are applicable in metropolitan France to the sales of AURIS products and to the use of AURIS services, by Internet, by mail, by telephone or by fax.


PRESENTATION OF PRODUCTS

The products and material presented in the commercial documents, catalogues and/or other brochures distributedby AURIS as well as the 'AURIS website may be modified without notice by the manufacturers and AURIS can in no way be held responsible for this. The photographs of these products distributed by AURIS are not contractual and are for information only, AURIS undertaking to deliver a similar product to that ordered by the customer. AURIS shall endeavour to inform the client, to the best of his abilities, of any changes in information concerning the products and services and for this reason AURIS reserves the right to complete or modifiy this information at any time and without prior notice. The exactitude, accuracy and exhaustiveness of the information published are not guaranteed by AURIS who declines all responsibility.

PRODUCT SPECIFICATIONS AND SAFETY INSTRUCTIONS, IMPORTANT WARNING

1 - AURIS magnetic products have an active principle which often involves extended contact with the skin. AURIS advises the customer to consult his/her doctor before using the products sold in order to confirm the absence of contra-indications according to his/her medical condition. The use of magnets is not recommended for people equipped with a heart pacemaker or to pregnant women during the first three months of pregnancy. Furthermore, AURIS products are not a substitute for medical treatment. AURIS declines all responsibility concerning the medical consequences of the products sold, the customer alone being responsible for their use.

2 - Avoid knocking magnets against one another as they may break and and project splinters. Magnets should be handled with care as they can cause serious pinching. Do not place magnets near electronic or IT equipment, bank cards, magnetic tapes, watches or any other equipment likely to be disrupted by a magnetic field. The magnetic north is indentified according to international standards. Magnets are not toys and should be kept out of reach of children. By the present warning, AURIS disclaims all responsibility.


3 - Unless otherwise stated, all articles comply with CE standards.


PRICE OF PRODUCTS AND SERVICES
The products and prices are sold at the price in force at the time of recording of the order. Prices are given in euros, including VAT and are valid until the date mentioned on the sales document or the website, except in the case of change of which the customer is promptly informed. Prices include VAT applicable at the date of recording the order. Prices may be modified at any time, in particular to include an increase in costs or a change in the rate of VAT. There is an extra charge for carriage, packing and/or insurance.

The amount of these costs stipulated on the sales documents, order forms or website concerns only goods delivered in metropolitan France. For other destinations, the customer should consult AURIS for the applicable rates.

OFFER AND AVAILABILITY OF PRODUCTS

Product offers are valid only while stocks last. If a product becomes unavailable once the order has been recorded, AURIS shall promptly inform the customer and indicate the waiting time. The customer can then choose either to wait for delivery of the ordered product or to ask for a replacement article offering identical features according to the conditions which AURIS has indicated, or ask for cancellation of his/her order and the refund of the amount received by AURIS.


PROMOTIONAL OFFERS

In the case of a promotional offer, this is limited to the price and/or products indicated and while stocks last. The promotional offer is subject to special conditions, concerning in particular the duration which is always limited. Promotional offers are always limited in time and after the final date Auris cannot guarantee the availability of the products of these offers.

ORDERS

The customer places an order either on the website www.aurismagnetic.com, or by phone using the special number N° AZUR 0810 12 26 36 (local call rate), or by order form sent to AURIS by mail (AURIS SAS - 4TH FLOOR - LINCOLN HOUSE - 300 HIGH HOLBORN - LONDON WCIV 7JH), by fax to 04 77 92 30 99 or by any other electronic means. In order to be valid, an order must include, correctly and legibly, all the information needed to process it, in particular concerning the identification of the product and the delivery address. AURIS is not responsible for mistakes made by the customer when ordering. A sales contract exists only if the valid order is recorded by AURIS. The order is registered after receipt and full payment, except when the customer opts for cash on delivery. AURIS reserves the right not to register an order, particularly in the case of exceptional difficulties in obtaining supplies or when a previous order of the customer is partially or wholly outstanding. Each order is considered as acceptance of prices, product descriptions and terms and conditions of sale. In no case can the catalogue be considered a contractual document.


PAYMENT

Payment is made at the time of order in euros by bank card on the secure server CyberMut of the Crédit Mutuel, by cheque or by money oder. The customer may however choose cash on delivery, in which case he must pay the charge for this service according to the rates shown on the order form or the current postal rate if this is higher. Products remain the entire property of AURIS until full payment has been received by AURIS.

DELIVERY

When ordering, the customer should clearly and legibly indicate the delivery address.
The fixed charge for carriage is 6€ for metropolitan France, except in the case of special offers from AURIS in which case carriage is indicated for the offer in question.

The conditions of sale and the prices indicated by AURIS are from SAINT-ETIENNE to metropolitan France. In the case of dispatch from another place,AURIS reserves the possibility of modifying the conditions of sale and price after information and acceptance by the customer. For deliveries outside metropolitan France, the customer shoudl consult AURIS.
The mode of dispatch is decided by AURIS so as to best satisfy the customer. Products are transported at the customer's risk.. AURIS undertakes to deliver to the customer in the shortest possible time, generally speaking and except for stock shortage, within 2/3 days and at the latest within 30 days of recording the order, which usually occurs on the day it is received by AURIS.


EXCHANGE OR REIMBURSEMENT

On reception of the product, the customer must check the quantity, state and conformity of his order. If the customer is not satisfied with the product he/she has received, he/she has fifteen clear days from reception to return it to AURIS SAS - 4TH FLOOR - LINCOLN HOUSE - 300 HIGH HOLBORN - LONDON WCIV 7JH either for exchange of the product or its reimbursement. Any request for exchange or reimbursement must be sent with the returned product and will only be processed after receipt by AURIS of the orginal product in good condition, complete, without traces of use and in its original packing. When a customer returns an article he has paid for and asks for reimbursement, the following rules apply : .

  • - product returned at customer's request : reimbursement of the product, return carriage at his/her expense.
  • - product returned because of AURIS's responsibility : reimbursement of product, of return carriage and possible return to customer (on the basis of express parcel post). If the price of the product requested in exchange is higher than that of the returned article, exchange will only take place after payment of the difference in price by the customer. If the price of the product requested in exchange is lower than that of the returned article, the customer will receive reimbursement of the difference in price or a credit note valid for one year. Failure to return the product within fifteen clear days means that claims made subsequently by the customer will not be opposable to AURIS which will therefore not be liable, except in the case of concealed defects as defined by articles 1641 and following of the Civil Code

GUARANTEE

The products sold by AURIS are covered by the guarantee against concealed defects, in conformity with the provisions of articles 1641 and following of the Civil Code.

However, according to article 1648, paragraph 1 of the Civil Code : Any action resulting from latent defect must be brought by the customer within a period of two years from discovery of the defect.

Furthermore, the purchaser benefits from the legal conformity guarantee according to articles L. 211-4 à L. 211-14 of the Consumers' Code.


RESPONSABILITY

In its relations with customers, the company AURIS is expected to use only its best efforts.

The responsability of AURIS is not involved in the case of non-performance further to stock shortage or the non-availability of the ordered product, to force majeure or any event beyond the control of AURIS such as a partial or complete strike of the postal service or of transport and/or communication means.
The responsiblity of AURIS is not involved for any indirect damages, trading loss, loss of profit, loss of opportunity, damages or expenses.

SERVICES

AURIS puts at the disposal of its customers a complementary information service by telephone to the number given on the sales documents and the website. This service helps to idenity the customer's needs and to inform him/her of the evolution of products. On no account can this service be a substitute for medical advice. Except for the cost of the telephone call, this service is currently free of charge. However, AURIS reserves the possibility to modify the conditions of access to and use of this service at any time.


AFTER-SALES SERVICE

No contractual guarantee is attached to the products except for electrical appliances or products including a mechnism for which a three-month guarantee is assured by AURIS from reception by the customer. In order to benefit from this guaranteee, the customer must return the product to AURIS, the cost of this return being borne by the customer. This guarantee includes repairs or the replacement at the expense of AURIS ifthe product is found faulty after inspection by AURIS 's technicians and if the defect has not been caused by incorrect use.

INTELLECTUAL PROPERTY


All the elements of the AURIS sales documents and websites, both visual and sound, including the underlying technology, are protected by copyright, trademarks and patents. They are the sole property of the company AURIS or its suppliers, the latter granting no licence or right other than that of consulting them, in particular the website. Reproduction or use of any part of these elements is authorised only for the purposes of a personal and private use of information, any reproduction or use of copies made for other purposes is expressly prohibited. Any other use constitutes counterfeiting and is punishable as Intellectual Property, except in the case of prior, written permission from AURIS.

NOMINAL DATA

AURIS reserves the right to collect data concerning its customers. For commercial reasons, AURIS may communicate this data to a partner. A customer can expressly oppose the disclosure of data concerning him/her by writing to AURIS SAS - 4TH FLOOR - LINCOLN HOUSE - 300 HIGH HOLBORN - LONDON WCIV 7JH. Furthermore, in conformity with the law of 6 January 1978, the customer has right of acces to and rectification of personal data concerning him/her.

MODIFICATION OF TERMS AND CONDITIONS OF SALE

AURIS reserves the possibility, at any time and withour prior notice, to modifiy the present terms and conditions of sale. The modified terms and conditions of sale shall apply to orders placed after diffusion to the public of the new terms and conditions, in particular on the website. Before placing an order, the customer is advised to consult the website or telephone AURIS (0810 12 26 36 - local call rate) for the terms and conditions of sale in force.

SEVERABILITY

In the event that one or more provisions of the present terms and conditions of sale are declared void or uneforceable, the balance of the agreement remains in force.

APPLICABLE LAW AND JURISDICTION

The present terms and conditions of sales are subject to French law.
For any claim or dispute, an amicable solution will be proposed or envisaged.
Failing to reach an amicable solution, any dispute concerning the present terms and conditions will be submitted to the court having jurisdiction.