General Terms and Conditions of Sale
Acousticians, Hearing Aid Specialists, Health Professionals
In effect on 26/06/2019
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ON THIS WEBSITE.
ATLINKS Europe, a simplified joint stock company with a capital of 500 000 Euros, whose registered office is located at 147 avenue Paul Doumer 92500 Rueil Malmaison - France and registered with the Nanterre Trade and Companies Register under number 508 823 747, EU VAT number FR04508823747 (hereinafter referred to as “ATLINKS” or “we”), is the publisher and operator of the website www.okonect.com (the “Website”) on which any acoustician, hearing aid specialist, health professional (the “Customer” or “you”) may purchase Products sold by ATLINKS and whose description, specifications, illustrations and indications of dimensions or capacity are presented on the Website (“The Products”).
If you disagree with the terms of these General Terms and Conditions of Sale (the “GTCs”), you may not purchase Products on the Website.
The validation of the order by the Customer constitutes unreserved acceptance of these General Terms and Conditions of Sale.
These general terms and conditions of sale constitute, in accordance with Article L 441-1 of the French Commercial Code, the sole basis for commercial negotiations between the Parties and govern the conditions under which ATLINKS provides the Products bought via the Website to Customers in the category of health professionals referred to above.
These GTCs constitute the entire agreement between the Parties as to the subject matter, with the exclusion of any other prior or concurrent documents or commitments and prevail, in particular, over any unilateral purchase conditions that may have been communicated by the Customer to ATLINKS.
Any order for Products implies the unrestricted and unreserved acceptance of these GTCs by the Customer, unless otherwise agreed by mutual agreement between the Parties, as well as the conditions of use of the Website for online sales.
ATLINKS reserves the right to change these General Terms and Conditions at any time, but the version applicable to the Customer's purchase is the one in force on the Website on the date of placing the order.
.The information contained in the catalogues and leaflets of ATLINKS and the prices are provided for information purposes only and are subject to revision from time to time. ATLINKS is entitled to make any changes that it deems necessary.
The Customer hereby confirms that they have read these GTCs and that they have received from ATLINKS all the necessary information on the Products to allow them to assess how the Products fit their requirements.
The Products presented on the Website are offered for sale for the following territories: France, Spain, Portugal, Italy, England, Ireland, Germany.
II. OFFERS AND ORDERS
2.1 Product offers are valid as long as they are visible on the Website, within the limits of available stock, excluding promotional operations, for which Product offers will only be valid for the duration of the promotion.
2.2 Orders are placed directly on the Website. The Products are sold new.
The Customer may learn about the main characteristics of the Products before placing an order.
It is the Customer's responsibility to select on the Website the Products they wish to order by using the home page. The Customer is responsible for setting up, at his own expense, and operating the IT and telecommunications resources necessary to access the Website.
The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and artworks presented on the Website are non-binding and ATLINKS cannot be held responsible for them. The Customer is required to refer to the description of each Product in order to get acquainted with its properties and main features.
ATLINKS is free to change the range of Products offered for sale at any time.
2.3 Any order for a Product placed on the Website is subject to the prior creation of a user account by the Customer at the time of the first order. Following the validation of the creation of this account, the Customer will receive an e-mail confirming their registration and providing them with their personal login details.
The Customer is invited to regularly track their order on the Website by accessing the “My Account” page; to do so, they only need to log in using their e-mail address and password. The Customer can contact us at firstname.lastname@example.org if they have any questions or problems.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
2.4 An order is registered on the Website when the Customer accepts these GTCs by ticking the box provided for this purpose and validates their order. The Customer can check the details of their order, its total price and correct any errors before confirming their acceptance (Article 1127-2 of the French Civil Code).
It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
The sale will only be considered final after the Customer has been sent a confirmation of acceptance of the order by ATLINKS via e-mail. Unless proven otherwise, the data recorded by ATLINKS constitutes proof of all transactions between ATLINKS and its Customers.
2.5 ATLINKS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, in the event of unavailability of the Product, or in the event that it is impossible to withdraw the amount of the order from the Customer's bank account, or in the event that the price displayed on the Website on the date of the order has been affected by a material error.
In the event of unavailability of the Product after placing your order, or if ATLINKS has to cancel or refuse an order in the cases mentioned herein, we will notify you by e-mail. Your order will then be automatically canceled and you will be refunded within thirty (30) days of this notification if your bank account has been debited.
In the event that ATLINKS is unable to process the order for any reason whatsoever, ATLINKS undertakes to refund the Customer whose bank account has been debited within thirty (30) days following the notification of the inability to process the order, in accordance with Article 5 below.
2.6 ATLINKS does not intend to sell the Products in large quantities on the Website. Consequently, ATLINKS reserves the right to refuse an order for more than ten (10) units of the same Product, either per order or within a period of thirty (30) consecutive days.
2.7 In the event of cancellation of the order by the Customer after its acceptance by ATLINKS less than 1 day before the scheduled delivery date of the Products ordered, for any reason other than Force Majeure, an amount corresponding to 20% of the total amount of the order will be paid to ATLINKS by the Customer, as compensation for the damage thus suffered.
3.1 The Products purchased by the Customer on the Website will be delivered in metropolitan France, Corsica, Monaco, excluding the French overseas departments and territories, according to the method chosen by ATLINKS, within an average period of 72 hours from the date of the dispatch of the order.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Products. It is the responsibility of the Customer to check with the local authorities concerning the importation and use of the Products he intends to order.
The processing and delivery times add up to the shipping time indicated on the Product sheet. Delivery is made to the address indicated by the Customer when ordering on the Website.
The Products are delivered to the delivery address indicated by the Customer during the ordering process. ATLINKS is not responsible for defects or delays in delivery due to an error by the Customer in indicating the delivery address or consequences of such defects or delays.
3.2 Delivery consists of the transfer to the Customer of the physical possession or control of the Product. NO PRODUCT INSTALLATION WILL BE PERFORMED.
In the case of partial deliveries, only the products effectively shipped will be debited.
3.3 ATLINKS undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information purposes only and ATLINKS will not be held liable in the event of late delivery.
However, if the Products ordered have not been delivered within ten (10) calendar days after the specified delivery date, for a reason attributable solely to ATLINKS, the Customer may request the cancellation of the sale. The amounts paid by the Customer will be refunded to them, excluding any compensation or deduction.
3.4 Deliveries are made by an independent carrier, to the address specified by the Customer when they placed the order and to which the carrier will have easy access. In the event of the recipient's absence, the carrier issues a transit advice note. Such notice will allow the Customer to pick up the order at the carrier's agency within 15 days. It is the Customer's responsibility to arrange a new delivery appointment with the carrier. In the event that delivery is not made within this 15-day period, the package will be returned to ATLINKS, who will automatically refund the order.
For an order with a value of less than €99.99 VAT included, a contribution to the processing and shipping costs of €9.90 VAT included is invoiced and mentioned in the order.
For any order over €99.99 VAT included, shipping costs are free.
3.5 IT IS THE CUSTOMER'S RESPONSIBILITY TO CHECK THE PHYSICAL CONDITION AND CONTENT OF THE PACKAGE(S) UPON DELIVERY, IN THE PRESENCE OF THE CARRIER, BEFORE SIGNING THE DELIVERY ORDER.
The mention on the transport receipt “subject to unpacking” is not considered as allowing the Customer to later dispute the conformity of the delivered Product(s).
The Customer must notify the carrier of any reservation on the Product(s) delivered. AFTER SIGNING THE DELIVERY ORDER, THE CUSTOMER WILL NO LONGER BE ABLE TO REPORT ANY FURTHER DAMAGE OR MISSING PARTS.
3.6 When unpacking the product if the Customer finds a defect, if the package is damaged, or if some items are missing, they must notify ATLINKS within 48 hours at email@example.com so that a prepaid parcel label can be sent to them and the Product can be exchanged or refunded as appropriate. Customer must also specify the nature of the damage (defects, missing parts) and the reference of the damaged or missing Product. Request lacking the details requested above will not be taken into account.
3.7 The transfer of ownership of the Products to the Customer shall only take place after full payment of the price by the latter, regardless of the date on which the risks of loss and deterioration relating thereto are transferred.
IV. PRICES AND PAYMENT
The prices of our Products are indicated in Euros, either excluding taxes or all taxes included, eco-tax included, excluding any contribution to processing and shipping costs.
The Products are provided at the current rates indicated on the Website when the order is registered by ATLINKS. ATLINKS reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of the validation of orders.
For all Products shipped outside the European Union and overseas department and territory, the price will be automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and the sole responsibility of the Customer.
Payment for your purchases is made either by bank transfer, to the bank account of ATLINKS specified in the website, or by credit card: Visa, MasterCard & Carte Bleue. To this end, you must provide all your personal details when placing your order.
ATLINKS will not provide you with the Products or services until the bank has authorized payment by credit card for the Products and/or services ordered. ATLINKS reserves the right to verify the identity of the credit card holder by requesting the appropriate documents.
The card is only debited when the order is shipped.
Payment data is exchanged in encrypted mode using the 3DSecure protocol
www.okonect.com allows you to pay for your order via CIC bank's servers in a secure environment.
Your credit card number is therefore directed to the bank's servers, your payment is made directly to a bank in a secure environment without going through the server of the shop on our Website, which guarantees that your credit card numbers are known only by our banking partner CIC.
The order validated by you will only be considered effective when the bank payment centers concerned have given us their consent. In the event of a refusal by these centers, the order will be automatically canceled and you will be notified by e-mail.
In the event of a refusal of payment by the banking centers, the order will be automatically canceled and you will be notified by e-mail.
ATLINKS shall not be required to deliver the Products ordered by the Customer if the latter does not pay the full price in accordance with the conditions stated above.
Payments made by the Customer will only be considered final after ATLINKS has actually collected the amounts due.
By communicating their bank details, the Customer accepts in advance and unconditionally that ATLINKS will proceed with the secure transaction. The Customer therefore authorizes their bank to debit their account for the records or statements sent by ATLINKS or by any company designated by ATLINKS, even in the absence of invoices signed by the account holder.
The invoice for the order will be sent in a subsequent e-mail, confirming ATLINKS' final acceptance of the order. Invoices will be sent to the Customer in electronic format (PDF) and must be kept by the Customer.
4.3 Refund terms and conditions
Any refund provided for herein shall be made on the proposal of ATLINKS by crediting the bank account of the Customer who placed the order. It is, however, specified in the case of a total or partial payment by gift cards, that these cannot be refunded either in cash, by check or by credit card. The refund of purchases made with gift cards will be made exclusively in the form of gift cards for an amount identical to that paid in this form.
No cash on delivery will be accepted for any reason whatsoever.
The benefits obtained when purchasing a product will be canceled if the product is returned against a refund
5.1 Returns of Products
In all cases of product return: the Customer must return the entire Product in its original packaging together with the original invoice stating the product reference and the date of purchase. Otherwise, the Products will be refused and will remain at the Customer's disposal on the carrier's premises.
Before any product return, the Customer must also have an RMA number (Return Material Authorization) that the Customer must create and edit from the website http://www.atlinks.anovo.com and attach it to the shipment.
The Product shall be returned within 8 days of the RMA number being assigned to the Authorized Service Center whose address is:
ANOVO-ATLINKS– Route de Beyssac - 19390 Saint Augustin / Tel. 0555 721 787, with, if possible, a description of the defect or the reason for the return.
No returns made after this deadline will be accepted.
For more information, please consult the “Warranty & After-Sales Service” section on our Website.
5.2 Customer service
For any information or questions, our customer service is at your disposal at firstname.lastname@example.org.
Our Call Center provides technical assistance and user support (open service 6/7 days) by phone: 0820 820 217. (Cost of a call: €0.15 per minute plus the cost of a local call).
5.3 Legal warranty
Products purchased on the Website may give rise to a contractual warranty in addition to the applicable legal warranties, the characteristics and duration of which are indicated on the Product specification sheet appearing on the Website. In order to learn the steps to follow regarding after-sales service for any problem or defect on a Product, please refer to the “Warranty & After-Sales Service”section on our Website.
To be able to benefit from the contractual warranty of the Products and assert their rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform ATLINKS, in writing / on the Website by specifying the order confirmation information appearing on the Website and accessible from the “My Account” page, of the defects within a maximum period of ten (10) calendar days after the defects have been found. The Customer must be able to present the purchase invoice for the product. The effective date of the warranty is the date on the purchase invoice.
Without prejudice to the provisions contained in the specification sheet of the Products concerned, the contractual warranties do not cover consumables, accessories and batteries, nor the repair or return of terminals showing defects due to abnormal use such as:
VI- Personal data - Intellectual property
6.1 Personal data
In the course of and for the purposes of its activities and the execution of orders, ATLINKS may collect and process personal data of the Customer, within the meaning of the applicable regulations, and in particular the Data Protection Act of 6 January 1978 as amended and the GDPR (General Data Protection Regulation) which came into force on 25 May 2018.
The personal data protection policy and the procedures governing such processing of personal data are defined in the privacy notice on the Website.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to the information concerning them.
This right may be exercised under the conditions and in accordance with the procedures defined on the Website.
For any questions or complaints regarding the processing of personal data by ATLINKS, please contact ATLINKS by post, providing proof of identity, at ATLINKS - 147, avenue Paul Doumer - 92500 RUEIL MALMAISON.
The content of the Website is the property of ATLINKS and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ATLINKS remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, texts, comments, publications, illustrations, works, etc., produced (even at the Customer's request). The Client therefore refrains from any reproduction or use of these without the express, written and prior authorization of ATLINKS, who may accept such against a financial contribution.
The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly prohibited and is subject to prior written authorization of ATLINKS.
The products sold comply with current French legislation and standards applicable in France.
ATLINKS cannot be held liable in the event of non-compliance with the legislation of the country where the product is supplied (for example, in the event of a product ban...).
Unless otherwise provided by law, ATLINKS' total liability, if proven, would be limited, for all types of claims and damages caused by ATLINKS, to the amount excluding VAT paid by the Customer for the supply of the Products.
In any case, ATLINKS shall not be liable for indirect damages, problems with electronic payment, costs related to delay or obtaining substitute products and/or immaterial damages, such as, but not limited to, loss of opportunity, shortfalls, loss of business, profit or turnover, third-party claims against the Customer, loss of customers, loss of data or damage to brand image, which could occur as a result of the purchase or use of the Products, regardless of the cause and regardless of the basis of liability, whether contractual, tortious or other, even if the liable party has been notified of the possibility of such damages. The total or partial inability to use the products, particularly because of the incompatibility of equipment, may not give rise to any compensation or refund and ATLINKS cannot be held liable for it. Our products have performances consistent with professional practices; however, ATLINKS cannot be held liable for any damage whatsoever resulting from a professional activity.
By express derogation from the provisions of Articles 1221 and 1222 of the French Civil Code, in the event of failure by either party to fulfill its obligations, the non-defaulting party may not request forced execution or have the obligation performed by a third party itself, at the defaulting party's expense.
In the event of a serious breach of any of the obligations incumbent upon the other party, the non-defaulting party may notify the defaulting party by registered letter with acknowledgement of receipt of the termination of this agreement thirty (30) days after non-response to a formal notice by registered letter with acknowledgement to take the required action.
IX. Applicable law - Disputes
By express agreement between the Parties, these general terms and conditions of sale and all orders placed within this framework are subject to French law, with the exception of the 1980 Vienna Convention on Contracts for the International Sale of Goods.
ALL DISPUTES ARISING FROM THIS AGREEMENT AND THE AGREEMENTS RESULTING THEREFROM, REGARDING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, IMPACT AND CONSEQUENCES WILL BE THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL OF TRADE OF NANTERRE, to which the Parties agree.
THESE GENERAL TERMS AND CONDITIONS OF SALE AS WELL AS THE ATTACHED PRICES AND RATES ARE EXPRESSLY AGREED AND ACCEPTED BY THE CUSTOMER, WHO DECLARES AND ACKNOWLEDGES THAT HE IS FULLY AWARE OF THEM, AND THEREFORE WAIVES THE RIGHT TO RELY ON ANY CONTRADICTORY DOCUMENT AND, IN PARTICULAR, HIS OWN GENERAL CONDITIONS OF PURCHASE, WHICH WILL BE UNENFORCEABLE AGAINST ATLINKS, EVEN IF HE HAS BEEN INFORMED OF THEM.