Terms of sale
ARTICLE 1 - OBJECT AND SCOPE
These General Terms and Conditions of Sale (hereinafter "Terms") govern the contractual relationships between Audiome, a simplified joint stock company with a share capital of €6,000, registered with the Nanterre Trade and Companies Register under number 808 752 109, VAT number FR92808752109, and headquartered at 60 rue de Fontenay - 92350 Le Plessis-Robinson, France ("Audiome"), and the professional, non-professional, or consumer customer ("Buyer"), for any order of products sold on the website www.myspokeo.com (hereinafter the "Products"). Audiome and the Buyer are collectively referred to as the "Parties". These Terms are accessible on the website www.myspokeo.com and shall prevail over any other version or conflicting document. Audiome reserves the right to modify these Terms at any time. However, the applicable Terms are those accepted by the Buyer at the time of placing the order. These Terms constitute the entire agreement between the Parties. By accepting them, the Buyer is deemed to have accepted them unconditionally. The Buyer acknowledges having been provided with, prior to placing the order and concluding the contract, in a legible and understandable manner, these General Terms and all the information listed in Article L.221-5 of the French Consumer Code. The Buyer also acknowledges having accepted these General Terms before making the purchase or placing the order. In this regard, the Buyer agrees that these General Terms are binding on them in accordance with Article 1119 of the French Civil Code. Furthermore, the Buyer declares that they have acquainted themselves with the essential characteristics of the Products, their availability, delivery terms, and financial conditions related to their delivery.
ARTICLE 2 - PRODUCTS
The Products marketed by Audiome are SPOKEO hearing assistants and other communication aids. They are listed on the website www.myspokeo.com and offered within the limits of available stocks. It is noted that the Products are not hearing aids or, in general, medical devices. The precise characteristics of the Products are indicated on the website, on the "Products" page. The Products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, Audiome cannot be held responsible. Product photographs are not contractual. The Products comply with current French legislation, as well as the standards of the delivery countries.
ARTICLE 3 - ORDER
The Buyer places their order online from the online catalog using the form provided, for any Product, subject to availability. For the order to be validated, the Buyer must accept these Terms by clicking where indicated, acknowledging that they have previously read and fully approve them without reservation. To place an order, the Buyer must complete the various fields in the form, including the delivery address and method, and validate the payment method. Fields marked with an asterisk are mandatory. In the absence of a response or if the information provided is incorrect, Audiome will be unable to process the Buyer's order. The sale will be considered final after Audiome sends the Buyer an email confirming acceptance of the order and after Audiome has received full payment. Every order implies acceptance of the prices and descriptions of the Products available for sale.
ARTICLE 4 - PROOF OF TRANSACTION
Computerized records kept in Audiome's computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the Parties. Order forms and invoices are archived on a reliable and durable medium and can be produced as evidence.
ARTICLE 5 - PRICES
Audiome reserves the right to modify its prices at any time but undertakes to apply the rates in effect as indicated at the time of the order, subject to availability on that date. Prices are indicated in euros (or US Dollars for orders outside the European Union), excluding delivery charges. Delivery charges are indicated before order validation. Prices include VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the Product prices. For deliveries to countries other than metropolitan France, the Buyer is considered the importer of the Product concerned. For all Products shipped outside the European Union and French overseas departments and territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are the responsibility of the Buyer and fall under their full responsibility. It is the Buyer's responsibility to make declarations and payments to the competent authorities and organizations of the concerned country.
ARTICLE 6 - PAYMENT METHOD
The price payment is made in full at the time of ordering. To pay for their order, the Buyer can choose from all the payment methods made available by Audiome and listed on Audiome's website. The Buyer guarantees Audiome that they have the necessary authorizations to use the chosen payment method when validating the order. Audiome reserves the right to suspend any order and delivery in case of refusal of payment authorization by the officially accredited card issuer or in case of non-payment. Audiome reserves the right, in particular, to refuse to make a delivery or honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
ARTICLE 7 - PRODUCT AVAILABILITY - DELIVERY TIMES - REFUND - RESOLUTION
Except in cases of force majeure or during periods of site closure, which will be clearly announced on the homepage of the site, the shipping times will, within the limits of available stocks, be as indicated below. Shipping times start from the date of order registration indicated in the order confirmation email. For deliveries within metropolitan France, the maximum delivery time is 30 working days from the day following the Buyer's order. For deliveries outside metropolitan France, delivery will occur within the specified times on the website. In case of non-compliance with the agreed delivery date or time, the Buyer must, before terminating the contract, request Audiome to perform within a reasonable additional period. In the absence of performance at the expiration of this new period, the Buyer may freely terminate the contract. The Buyer must fulfill these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract shall be deemed terminated upon receipt by Audiome of the letter or writing informing them of such termination, unless Audiome has performed in the meantime. However, the Buyer may immediately terminate the contract if the above dates or deadlines are essential conditions for them. In case of contract termination, Audiome will refund the Buyer the full amount paid, no later than 14 days following the date on which the contract was terminated. In accordance with Article L. 242-4 of the Consumer Code, if Audiome fails to refund the amounts paid by the Buyer, the amounts due shall automatically be increased by: the legal interest rate if the refund occurs no later than 10 days after the expiry of the 14-day period mentioned above; 5% if the delay is between 10 and 20 days; 10% if the delay is between 20 and 30 days; 20% if the delay is between 30 and 60 days; 50% between 60 and 90 days; and an additional five percentage points for each new month of delay up to the amount of the product price, then the legal interest rate. In case of unavailability of the ordered Product, the Buyer will be informed as soon as possible and will have the option to cancel their order. The Buyer will then have the choice to request either a refund of the sums paid within 30 days of their payment, or exchange the Product.
ARTICLE 8 - DELIVERY
Delivery refers to the transfer to the Buyer of physical possession or control of the Product. It is only made after confirmation of payment by Audiome's bank. The ordered Products are delivered by the carrier chosen by Audiome, of which the Buyer will be informed at the time of ordering. Any package returned to Audiome due to an incorrect or incomplete delivery address will be resent at the Buyer's expense. At the Buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. When a Product is returned to Audiome because it was unclaimed by the Buyer or marked "NPAI" (does not live at the indicated address), Audiome contacts the Buyer by email to propose to resend the Product to a new address or correct any errors in the address or recipient's name. The costs of re-delivery are then borne by the Buyer. If the Buyer refuses to pay the delivery charges, Audiome reserves the right to cancel the order and proceed with a refund (excluding delivery charges). The Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature, any anomaly related to the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered as done as soon as the Buyer, or a person authorized by them, signs the delivery note. The Buyer must confirm these reservations with the carrier, by registered letter, no later than two working days following receipt of the Product, and send a copy of this letter by email or regular mail to Audiome at the address indicated in the legal notices of the site. In case of delivery without issuance of a delivery note, the Buyer must send their reservations to the carrier within two working days following the delivery of the Product and send a copy of this letter by email or regular mail to Audiome at the address indicated in the legal notices of the site. If the Products need to be returned to Audiome, a return request must be made to Audiome within 7 days of delivery. Any claim made after this period cannot be accepted. Upon receipt of the claim, Audiome will assign an exchange number for the concerned Product and communicate it by email to the Buyer. The exchange of a Product can only take place after the exchange number has been assigned.
ARTICLE 9 - TRANSFER OF OWNERSHIP AND RISK
Ownership of the Products shall not transfer to the Buyer until full payment of the total price has been received. Any risk of loss or damage to the Products shall transfer to the Buyer upon their delivery.
ARTICLE 10 - RIGHT OF WITHDRAWAL
Audiome shall provide the Buyer, prior to the conclusion of the contract, a withdrawal form, which is annexed to these General Terms and Conditions and available on the website www.myspokeo.com. In accordance with the provisions of the consumer code, the Buyer has a period of 14 (fourteen) working days from the date of delivery of their order to return any Product that does not meet their satisfaction and request an exchange or refund without penalty, except for return costs which are borne by the Buyer. In the case of an order comprising multiple Products delivered separately, with delivery spread over a defined period, this 14-day period runs from the date of receipt of the last Product sold and dispatched by Audiome. Products must be returned within 15 (fifteen) days following notification to Audiome of the Buyer's decision to withdraw, to the following address: Audiome, Sales Administration Service, 60 rue de Fontenay, 92350 Le Plessis-Robinson, France. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) enabling their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted. The right of withdrawal may be exercised online using the withdrawal form available on the website www.myspokeo.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Buyer. Any other method of withdrawal declaration is accepted, provided it is unambiguous and expresses the intent to withdraw. Exchange (subject to availability) or refund will be processed within 14 (fourteen) days from receipt by Audiome of the returned Product by the Buyer under the conditions specified above.
ARTICLE 11 - WARRANTIES
All Products benefit from legal warranties against hidden defects and non-conformities, as provided by the civil code and the consumer code.
The consumer has a period of two years from the delivery of the goods to enforce the legal conformity warranty in case of non-conformity. During this period, the consumer is only required to establish the existence of the non-conformity and not its date of occurrence.
When the sale contract of the good includes the provision of digital content or digital services continuously for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the non-conformity affecting the digital content or digital service and not its date of occurrence
The legal conformity warranty requires the professional, if necessary, to provide all necessary updates to maintain the conformity of the good.
The legal conformity warranty entitles the consumer to repair or replacement of the good within thirty days following their request, at no cost and without major inconvenience to them.
If the good is repaired under the legal conformity warranty, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the good but the seller insists on replacement, the legal conformity warranty is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a price reduction or terminate the contract and obtain a full refund upon return of the good, if:
- The professional refuses to repair or replace the good;
- The repair or replacement of the good occurs after a period of thirty days;
- The repair or replacement of the good causes significant inconvenience to the consumer, particularly if the consumer permanently bears the costs of returning or removing the non-conforming good, or if they bear the costs of installing the repaired or replaced good;
- The non-conformity of the good persists despite the unsuccessful attempt by the seller to bring it into conformity.
The consumer also has the right to a price reduction or contract termination when the non-conformity is so serious that it justifies immediate price reduction or contract termination, without prior request for repair or replacement of the good
The consumer does not have the right to terminate the sale if the non-conformity is minor.
Any immobilization period of the good for repair or replacement suspends the warranty that remained until the delivery of the repaired good.
The aforementioned rights result from the application of Articles L. 217-1 to L. 217-32 of the consumer code. A seller who obstructs in bad faith the implementation of the legal conformity warranty is liable to a civil fine up to a maximum of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the consumer code). The consumer also benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept or to a full refund upon return of the good. The aforementioned warranties do not apply to modified or repaired Products in any way by any person other than the Product supplier. Audiome's liability cannot be engaged in case of misuse, negligence, lack of maintenance, normal wear of the Product, or accident.
ARTICLE 12 - SATISFACTION OR MONEY BACK GUARANTEE
SIf the Buyer is not satisfied with a Product ordered, they may return it within thirty (30) days from the date of receipt of the Product. This guarantee applies only to Spokeo kits. This guarantee applies to a single Product for the corresponding purchase or receipt date. In case of purchases of multiple Products on different dates, this guarantee will start from the respective receipt date of each Product.
To benefit from this guarantee, the Buyer must, within this thirty (30) day period, contact customer service, which will provide a return label for sending back the Product. Once the Product is received by Audiome and provided its condition complies with the requirements mentioned below, the full price paid by the Buyer for the Product order will be refunded within fourteen (14) days from the date of receipt of the Product by Audiome.
The Product and any accompanying accessories must be returned following the instructions of the customer service and in their original packaging, in perfect condition. The original packaging includes the original box, box packaging, carrying case, cable, and chargers delivered with the Product. If the Product serial number or original packaging is missing, or if the Product is damaged, Audiome reserves the right to refuse the refund or to reduce its amount.
If the Buyer has purchased or ordered and had a Product delivered outside the country in which they reside, or if they do not wish to use the carrier proposed by Audiome, or if Audiome believes in good faith and at its sole discretion that the Buyer may be involved in fraudulent activities related to the purchase or ordering of a Product, Audiome reserves the right to request the Buyer to bear all return costs of the Product (shipping costs, return charges, including any customs duties, shipping insurance, and costs related to damage or loss of the Product, etc.).
The Buyer is responsible for the Product until it is properly received at the return center indicated by Audiome. It is understood that the Buyer is at all times responsible for the return of the Product and that Audiome and/or its providers are never responsible for a return that does not include the Product.
ARTICLE 13 - PERSONAL DATA - CONFIDENTIALITY
Audiome is required to collect, use, share, and transfer the personal data of the Buyer.
Data Controller.
The data controller is Audiome, whose contact details are provided in Article 1 herein.
Data Collected by Audiome.
The data collected by Audiome includes identification data of the Buyer: name, first name, gender, address, phone number, email address, IP address, login data, usage data, location data, financial data related to the Buyer's bank account or credit card.
Purpose of the Processed Data.
The aforementioned data is collected as part of Audiome's offering for the purpose of providing website services, processing orders, delivering orders, tracking delivered orders to the Buyer, complying with legal and regulatory requirements, notably for: user access and use of the site; managing the operation and optimizing the website; organizing terms of use for payment services; verifying, identifying, and authenticating data transmitted by the Buyer; providing user support; personalizing services by displaying advertisements based on user browsing history and preferences; preventing and detecting fraud, malware, and managing security incidents; managing potential disputes with users; sending commercial and advertising information based on user preferences. The Buyer is also informed that some of their data may be used for Audiome to communicate newsletters or recommend products and services of interest.
Recipients of the Data.
The Buyer's personal data may be shared with third-party companies in the following cases:
- qWhen the Buyer uses payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which contracts have been concluded;
- When the Buyer publishes information in free comment areas of the website accessible to the public;
- When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to the Buyer's data as necessary to perform these services and have a contractual obligation to use them in compliance with applicable data protection regulations;
- If required by law, Audiome may transmit data to respond to claims and comply with administrative and judicial procedures;
- If Audiome is involved in a merger, acquisition, asset sale, or judicial reorganization process, it may be required to transfer or share all or part of its assets, including personal data. In such a case, Buyers would be informed before their personal data is transferred to a third party.
Data Retention Period.
All such data will be retained for a period of five years following delivery.
Security and Confidentiality of Data.
AAudiome ensures the security and confidentiality of the Buyer's personal data and ensures that its staff and subcontractors act in accordance with applicable legislation. In particular, Audiome undertakes to comply with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms, supplemented by the law of June 20, 2018, and Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Cookies.
Cookies are used in the operation of the website. Only cookies strictly necessary for the operation of the website will be stored on Buyers' devices. For all other types of cookies, the Buyer's permission is required.
Access Rights.
The Buyer has the rights of access, rectification, erasure, objection, restriction of processing, data portability, definition of directives regarding the management of their data after death, the right not to be subject to automated individual decision-making, which they can exercise either by mail to the following address: Audiome - 60, rue de Fontenay, 92350 Le Plessis-Robinson - France, or by email: infot@myspokeo.com.
ARTICLE 14 - CUSTOMER SERVICE
The Buyer can contact Audiome Customer Service:
- By mail at the following address: Audiome SAS, Service Acheteur, 60, rue de Fontenay, 92350 Le Plessis-Robinson, France
- By email at the following address: info@myspokeo.com
- Through the contact form available on the website www.myspokeo.com
- By phone at +33 1 83 64 72 27 from Monday to Friday from 9am to 5pm (French time).
AIf the Buyer contacts Audiome Customer Service and does not receive a satisfactory response, they may contact the consumer mediator in accordance with Article 16 of these General Conditions.
ARTICLE 15 - MCONSUMER MEDIATOR
In accordance with Article L612-1 of the Consumer Code, Audiome guarantees the Buyer effective recourse to a consumer mediation device. The mediator's mission is to attempt, independently and impartially, to bring the parties together to achieve an amicable solution. After contacting Audiome Customer Service and if no satisfactory response is received within 60 days, the Buyer may contact the Mediator for e-commerce whose contact details are as follows:
CNPM-MEDIATION DE LA CONSOMMATION - 27 avenue de la libération 42400 Saint-Chamond - France. https://www.cnpm-mediation-consommation.eu/.
However, the Buyer remains free to accept or refuse mediation and may refer the matter to the competent courts. The Buyer is also informed of the option to use the European Online Dispute Resolution platform (RLL) to resolve their dispute: www.ec.europa.eu/consumers/odr/. If the dispute is not resolved through this mediation process, it may be brought before the competent courts.
ARTICLE 16 - INTELLECTUAL PROPERTY
The website and its content (technical documents, designs, photographs, etc.) remain the property of Audiome, the sole holder of intellectual property rights over this content. The Buyer agrees not to use this content; any total or partial reproduction of this content without Audiome's express authorization is strictly prohibited and may constitute an infringement.
ARTICLE 17 - PARTIAL INVALIDATION
If one or more provisions of these General Conditions are held invalid or declared as such under any law, regulation, or final decision of a competent court, the remaining provisions shall remain in full force and effect.
ARTICLE 18 - NON-WAIVER
The failure of either party to enforce any breach by the other party of any of the obligations set forth in these General Conditions shall not be construed for the future as a waiver of the obligation in question.
ARTICLE 19 - CONTRACT LANGUAGE
These General Conditions are drafted in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute. The fact that, if applicable, usual exchanges between Audiome and the Buyer take place entirely or partially in a language other than French shall not in any way be construed as a waiver of the application of these General Conditions or any of its provisions.
ARTICLE 20 - APPLICABLE LAW - JURISDICTION
The contractual relations between the Buyer and Audiome are governed exclusively by French law. Any dispute arising from these shall fall under the exclusive jurisdiction of the French courts.
