Giroptic account
US Expedition and language
Giroptic account
Expedition and language
Buy now

Terms and Conditions of Sale

The parties agree that the French language version of this Agreement shall prevail and be binding on the parties. The English language translation is provided for convenience purposes only and will have no binding effect on the parties. 

Only executed, French-language agreements will govern the relationship between Giroptic SAS (and it affiliated companies) and Customer. In the event of any conflict between the French version and the English version, the French version will prevail and control. 

General points

websites published by Giroptic, in particular at www.Giroptic.com

  1. These terms and conditions of sale govern the sale of Giroptic products (the "Products") made on the websites published by Giroptic, in particular at www.Giroptic.com (the « Site ») between Giroptic SAS, a simplified joint stock company with a registered capital of €179,433.00, whose registered office is located at 165, avenue de Bretagne, Lille (59000), France, registered in the RCS trade and companies register of metropolitan Lille under No. 503 979 967, intra-Community VAT No. FR 61 503 879 967 ("Giroptic"), and the nonprofessional end user (the "Consumer") or the professional purchasing the products for his business activity (the "Professional"), the Consumer and the Professional being referred to hereinafter collectively as the "Customer".
  2. The sale to professionals (distributors, wholesalers, retailers, pure players, etc.) of Products intended for resale is governed by specific categorical conditions.
  3. The Customer's purchase of a Product on the Site implies the Customer's full adherence to the present terms and conditions of sale.

 

Price – Terms of Payment

  1. Products are invoiced at the rate in effect on the date of the order. Prices displayed on the Site include applicable VAT. Prices displayed do not include any duties or taxes claimable by the customs authorities of the country where the order will be delivered.
  2. Shipping charges are specified before the order is placed and, depending on the Products and/or the price of the order, are either invoiced additionally or borne by Giroptic, as specified before the order is placed.
  3. Giroptic provides various methods of payment, allowing customers to pay for their orders. Such methods are shown during the order process. 
  4. Orders can be paid for example by bank transfer or payment cards and/or bank cards. Transactions are processed through payment transaction platforms allowing payments to be processed by Master Card, Visa Inc or American Express.
  5. It is also possible to pay for orders through PayPal. To make a payment through this service, the Customer may have to possess a personal account.
  6. Such methods of payment are publicized and conducted by third parties. Giroptic thus never has access to the bank data. Therefore, in order to combat fraud, Giroptic has implemented order verification procedures. These methods can make it possible to block and, if necessary, to cancel an order if fraud is detected. 
  7. Products remain the property of Giroptic until full payment of the price. It is recalled that from the moment the Customer takes physical possession of the ordered Products, the risks of loss or damage to the Products are transferred to him.

Ordering and shipping

  1. Ordering implies acceptance of the Product price. The sale is completed upon confirmation of the order, subject to payment of the Product price by the Customer in accordance with the provisions hereinabove.
  2. The Customer is invited to carefully complete, using Roman characters, the fields concerning his identification, the billing address and the shipping address.
  3. Delivery in a country other than those authorized on the Site where the order is placed is not possible.
  4. Billing and shipping addresses may differ.
  5. Shipping will occur once the payment is validated.
  6. Shipments originate from Giroptic's storage sites in France or are carried out abroad by Giroptic's carrier within 1 to 15 working days, depending on the shipping addresses and unless otherwise stated on the Sites. To track his order, the Client is invited to use the tracking number and link received by e-mail as soon as the package ships.
  7. Prior to shipment, the Customer may cancel an order upon request via the "Customer Service" section of the Site.
  8. If the package is damaged upon delivery, the Customer must refuse the package, tell the carrier why, and contact Giroptic via the "Customer Service" section of the Site.
  9. If the Product delivered is not the one ordered, the Customer must return said Product using the return voucher and prepaid shipping voucher supplied by Giroptic upon request by the Customer via the "Customer Service" section of the Site. The Product must be returned in its original package with all its accessories and documentation and in a new and intact condition.
  10. If the delivery address is incorrect, Giroptic will contact the Customer to obtain the correct address. If the Customer cannot be reached, the package will be returned to Giroptic by Giroptic's carrier, in which case the Customer will be reimbursed the order amount initially charged by Giroptic within 5 working days from receipt of the package by Giroptic.

Legal Right of Withdrawal

  1. The Consumer may withdraw from his order without providing a reason, within fourteen (14) days. The withdrawal deadline expires fourteen (14) days after the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, takes physical possession of the package or, if the order was delivered in several packages, after the day on which the Consumer takes physical possession of the last package to arrive.

To exercise the right of withdrawal, the Consumer must notify Giroptic (Giroptic SAS – 165, avenue de Bretagne, Lille (59000), France – Phone number: +33 (0) 825.000.360) of his decision to withdraw from his order by means of an unambiguous statement (for example, in a letter sent by mail). The Consumer may use the withdrawal template appended to these terms and conditions of sale, but doing so is not required. The Consumer may also fill in and send to Giroptic the withdrawal template or any other unambiguous statement via the "Customer Service" section on the Site. If the Consumer uses this option, Giroptic will immediately send an acknowledgment of receipt by e-mail.

To meet the withdrawal deadline, the Consumer has only to send his withdrawal request before the withdrawal period expires.

  1. In the event of withdrawal by the Consumer, Giroptic will refund all payments received from the Consumer, including shipping charges (except for additional charges arising from the Consumer having chosen, if applicable, a shipping method other than the less costly standard shipping method proposed by Giroptic) without undue delay and in any case no later than fourteen (14) days from the day on which Giroptic is informed of the Consumer's decision to withdraw. Giroptic will process the refund using exclusively the same payment method employed by the Consumer for the initial transaction. Under no circumstances will this payment any charges to the Consumer. Giroptic may defer the refund until Giroptic has received the Product concerned or until the Consumer has provided proof of the Product's shipment, whichever date is the soonest.
  1. The Consumer must return the Product(s) concerned to Giroptic without undue delay and in any case no later than fourteen (14) days after the Consumer has communicated his decision to withdraw his order. This deadline is considered met if the Consumer returns the Product(s) concerned before expiration of the fourteen (14) day period. THE PRODUCT MUST BE RETURNED IN ITS ORIGINAL PACKAGE WITH ALL ITS ACCESSORIES AND DOCUMENTATION AND IN A NEW AND INTACT CONDITION.

Giroptic does not assume the costs of returning the Product(s) concerned. It is therefore the Consumer's responsibility to bear the costs of returning the Product(s) concerned. Should the product(s) concerned be returned in a state that is neither new nor intact, Giroptic shall resend the product to the customer at the customer's expense, only after effective receipt of the payment in the bank account of Giroptic.

The Consumer may also directly refuse delivery in the presence of the carrier upon delivery of the package and notify Giroptic of his decision to withdraw from the order in accordance with the provisions indicated in article 18 of the present terms and conditions of sale.

  1. Articles 21 to 23 apply to Professionals who do not employ more than five (5) employees and for whom the order does not fall within the scope of their primary activity.

Our 30-days return policy

  1. Without prejudice to the rights afforded him by law, the Consumer may return any Product ordered via the Site within thirty (30) days of receipt for any reason. To do so, the Consumer must contact Giroptic via the "Customer Service" section of the Site. Giroptic will immediately send an acknowledgment of receipt by e-mail. To meet the withdrawal deadline, the Consumer has only to send his withdrawal request before the aforementioned thirty (30) day period expires.
  2. In the event  that the Product is returned, Giroptic will refund all payments received from the Consumer, including shipping charges (except for additional charges arising from the Consumer having chosen, if applicable, a shipping method other than the less costly standard shipping method proposed by Giroptic) after receipt of the returned Product. Giroptic will process the refund using the same payment method employed by the Consumer for the initial transaction, unless the Consumer expressly agrees on a different method.
  3. The Consumer must return the Product concerned to Giroptic without undue delay and in any case no later than eight (8) days after the Consumer has communicated his decision to return the Product. THE PRODUCT MUST BE RETURNED IN ITS ORIGINAL PACKAGE WITH ALL ITS ACCESSORIES AND DOCUMENTATION AND IN A NEW AND INTACT CONDITION.

Giroptic does not assume the costs of returning the Product(s) concerned. It is therefore the Consumer's responsibility to bear the costs of returning the Product(s) concerned. Should the product(s) concerned be returned in a state that is neither new nor intact, Giroptic shall resend the product to the customer at the customer's expense, only after effective receipt of the payment in the bank account of Giroptic. 

Statutory Guarantees

  1. Statutory Guaranty of Compliance Consumers residing in the European Union may call upon Giroptic to apply the legal guarantee of compliance referred to in articles L.217-4 et seq. of the French consumer code (Code de la consommation) when the purchased Product includes a compliance defect.  

If the Product presents a compliance defect, the Consumer may choose between repair and replacement without charge of the Product concerned, in accordance with article L. 217-9 of the French consumer code. The Consumer has the right to receive a lower price or obtain the resolution of the order in the following cases:

    1. If repair or replacement of the Product is not possible;
    2. If repair or replacement of the Product cannot be effected within a reasonable period of time; or
    3. If repair or replacement of the Product cannot be effected without major inconvenience to the Consumer.

A minor defect for which repair or replacement is unfeasible or unduly expensive does not warrant resolution of the order.

The statutory guarantee of compliance covers compliance defects occurring within two (2) years of delivery of the Product purchased from Giroptic.

To benefit from the statutory guarantee of compliance, the Customer must notify Giroptic in writing of the compliance defect either by mailing his claim to Giroptic SAS – 165 avenue de Bretagne – 59000 Lille – France or via the Site's "Customer Service". In the absence of proof to the contrary, compliance defects appearing within six (6) months from the date of the Product's delivery are presumed to have existed at the time of delivery, except where such a presumption is incompatible with the nature of the Product or the nature of the compliance defect. This period shall be extended to twenty-four (24) months as of March 18, 2016.  

The statutory guarantee of compliance applies independently of the commercial warranty mentioned in articles 28 to 35 of the present terms and conditions of sale.

  1. Latent Defects Warranty. Customers residing in France may call upon Giroptic to apply the latent defects warranty referred to in articles 1641 to 1648 of the French civil code (reproduced in part in Appendix 2) when the purchased Product has a latent defect that makes it unsuitable for use or which so impairs its use that the Customer would not have acquired it or would have given it a lower price had he known of it.

If the Product has a latent defect, the Customer may choose either to return the Product to Giroptic and obtain reimbursement for the price and expenses incurred from the purchase (such as shipping charges), or to keep it and receive a partial refund of the price in accordance with article 1644 of the French Code Civil (civil code).

The warranty claim for latent defects must be brought within two (2) years of the discovery of the defect. In accordance with article 2232 of the French civil code, postponement of the starting point, the suspension or the interruption of the statute of limitations cannot have the effect of postponing expiration of the statute of limitations beyond twenty (20) years as of the date that the right is first invoked.

To benefit from the latent defects warranty, the Customer must notify Giroptic in writing of the latent defect either by mailing his claim to Giroptic SAS – 165, avenue de Bretagne, Lille (59000)– France or via the Site's "Customer Service", and furnish proof that the Product was damaged the said latent defect at the time of the sale.

Commercial warranty

  1. Without prejudice to the application of the statutory guaranty of compliance and the abovementioned latent defects warranty, the Products are contractually guaranteed in terms of parts and labor against any noncompliance or against any malfunction for a period of twenty-four (24) months from the date of purchase by the Customer as represented by the date of invoice (with the exception of wear parts -- batteries for example -- guaranteed for six (6) months).
  2. The commercial warranty does not cover the following defects or damages:
  • damages resulting from improper use or mishandling, misuse, alteration or deterioration of the product caused by an accidental fall or impact; faulty installation; humidity; inadequate temperature; oxidation; the infiltration of liquid, dust or sand; breaking or cracking; the use of the wrong electrical current;
  • defects due to installing spare parts in a manner inconsistent with the recommendations or instructions provided by Giroptic in the user manual or on the website at www.Giroptic.com; personalization of the product by the user;
  • defects due to a repair effected by the user or an unauthorized third party, barring the replacement of spare parts provided by Giroptic;
  • defects due to any cause other than a material or manufacturing flaw;
  • A gradual weakening in the capacity of the Giroptic rechargeable battery (if any) that does not constitute an equipment defect or manufacturing flaw;
  • any use of unlicensed spare parts and/or software not developed by Giroptic;
  • products returned incomplete, partially repaired or with the serial number removed;
  • replacement of parts due to normal wear and tear;
  • software programs and their updates (see www.Giroptic.com for update procedures by the user);
  • modifying a product in order to comply with technical or security standards or specifications particular to a country or in order to comply with any specifications having changed since the product was purchased; any damage resulting from a product's noncompliance with the standards or specifications in effect in a country other than the country of purchase;
  • any inadequate packaging when returning the product to the Giroptic logistics hub;
  • any accidents or natural disasters beyond the control of Giroptic, including but not limited to lightning, floods, fire, public disorder or inappropriate ventilation;
  • any installation or service associated with the installation or deinstallation of the Product.
  1. In the event of a failure, the Customer is invited contact Giroptic Customer Service at 0825 000 360, Monday to Friday from 9 AM to 6 PM (local phone number with no surcharge) or at www.Giroptic.com to verify whether the failure is covered under the warranty.

In the event that the failure is covered under the commercial warranty, the return procedure will be indicated to the Customer.

A Product is deemed defective within the meaning of this commercial warranty when the defect announced by the Customer is confirmed by Giroptic in reference to normal conditions of use.

  1. The commercial warranty is expressly limited to the free replacement of Products or parts recognized as defective by the the relevant Giroptic departments, excluding all indemnities, whatever the reason may be, particularly for losses or damages of any kind. Products may be replaced with refurbished Products or spare parts.
  2. Replacements effected under the commercial warranty may only extend the original warranty period if the defective Product is out of commission for more than seven (7) calendar days.
  3. Products or items replaced under the warranty become the property of Giroptic.
  4. In the event that a failure is not covered under the commercial warranty, a paid repair service may be offered based on acceptance of an estimate.
  5. The total or partial inability to use the Products on account of equipment incompatibility or the like is not grounds for any compensation, reimbursement or calling into question the liability of Giroptic.

 

Liability and Exclusions

  1. The provisions set forth in the present article, "Liability and Exclusions", shall apply within the bounds of applicable law and any provisions of a public nature.             
  2. Giroptic shall not be liable for any damage caused directly or indirectly by any equipment or component not purchased from Giroptic and used with the Products.
  3. GIROPTIC'S LIABILITY FOR DAMAGES CAUSED BY THE PRODUCTS IS ENGAGED ONLY FOR:
    1. DAMAGES TO LIFE, BODILY INTEGRITY OR HEALTH CAUSED BY THE DEFECT OF A PRODUCT; AND
    2. FOR ALL OTHER TYPES OF DAMAGES, ONLY IN THE EVENT OF FRAUD OR GROSS NEGLIGENCE.

ANY LIABILITY FOR TANGIBLE OR INTANGIBLE DAMAGES (CONSECUTIVE OR NONCONSECUTIVE), AS WELL AS FOR UNJUSTIFIABLE CHARGES, IS EXCLUDED, INCLUDING IN THE EVENT OF SIMPLE NEGLIGENCE. GIROPTIC'S LIABILITY SHALL SUBSIST ONLY IN THE EVENT OF A VIOLATION OF THE ESSENTIAL OBLIGATIONS OF THE PRESENT TERMS AND CONDITIONS OF SALES.

  1. Giroptic is not liable in the event that the Customer is unable to place an order due to the Site's unavailability or, if the entry of an order is interrupted, in the event that the Product is no longer available when the connection is restored.
  2. Giroptic is not liable for the loss of any data that may have been stored in connection with the use of the Products, for example during exchange or repair of the Products. It is the Customer's responsibility to make regular backups of the data contained in the Products.
  3. Giroptic cannot be held liable for any losses whatsoever resulting from a professional activity. Likewise, under no circumstances can Giroptic be held liable for damages resulting from misuse of the device by the Professional.
  4. The present terms do not affect provisions relating to liability for defective products or any other mandatory legal provisions.

Intellectual Property 

  1. Giroptic is and remains the owner of all intellectual property rights over the Products, and no provisions of the present terms and conditions of sale shall be construed to imply the transfer of any intellectual property rights for the benefit of the Client or a third party.
  2. The Products, including their packaging, are sold under the Giroptic brand or under a trademark belonging to one of the companies in the Giroptic group.
  3. Giroptic SA is and remains the owner of the Giroptic trademark and logo and any other trademarks or logos belonging to it.

  

Personal datas

  1. For Giroptic, the protection of personal data is essential. You can find our Site our Privacy Policy.
  2. Please be advised that browsing the Site, creating an account and/or placing an order allows us to collect and retain some of your personal data. Personal data is any information relating to a natural person who is or can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him. To determine whether a person is identifiable, it is advisable to consider every relevant means possessed by or accessible to the data controller or any other person (Hereinafter "Personal Data").
  3. The collection of personal data and their use under these Terms are subject to your consent.
  4. The processing of personal data retained by us under the present Terms and Conditions of Use has notably been the subject of a statement submitted to the National Commission on Informatics and Liberty (CNIL) regarding the existence of a file on the management of current and prospective customers (declaration No. 1647809 v0 NS48). You have the right to access, rectify or object to information pertaining to you. You may exercise your rights at any time by contacting us directly. 

By mail: Giroptic – 165 avenue de Bretagne à Lille (59000) - France

Par emailprivacy@giroptic.com.

  1. You may also, for legitimate reasons, oppose the processing of Personal Data pertaining to you.
  2. In accordance with Decree No. 2005-137 of February 16, 2005, invoked for the application of article L.134-2 of the consumer code (Code de la consommation), we will retain certain data in connection with your order for a period of ten (10) years, when this order is for an amount equal to or greater than one hundred twenty (120) euros.

General provisions

  1. Giroptic SAS is a company under French law. Customers who order via the Site conduct their purchase in France. The present terms and the sales they govern are subject to French law.
  1. The present terms and conditions of sale have been drafted in French (France). IN THE EVENT OF DISCREPANCY BETWEEN A TRANSLATED VERSION AND THE FRENCH VERSION, THE LATTER TAKES PRECEDENCE. 
  1. Force majeure ("Force Majeure") consists of any event of an unforeseeable, irresistible and exterior nature.

The following in particular are regarded as cases of Force Majeure by the present Terms and Conditions of Sale: strikes, floods, fires, transportation disruptions or interruptions, difficulties in the supply of raw materials or energy, long-distance communication breakdowns preventing the communication of information required to process an Order or effect delivery.

Obligations resulting from the present Terms and Conditions of Sale will be suspended throughout the duration of the Force Majeure. Normal execution of the Contract shall resume as soon as the event constituting the Force Majeure has ceased.

  1. Entire agreement 

These Terms are one of the constituent elements of the Terms of Use of the Giroptic Services. Where applicable, they take precedence over any other provisions. These Terms supersede any prior relevant obligations of the Parties and constitute the entire agreement between the Parties concerning the subject matter hereof.

  1. Nullity 

The nullity of a contractual clause does not invalidate the Terms and Conditions of Use of the Applications unless the clause was essential and decisive in leading one of the Parties to conclude the contract. The contractual clause regarded as void is deemed unwritten.

  1. Survival 

Any provision of these Terms and Conditions which by its nature extends beyond the date of termination shall be extended until its complete execution and shall apply to the respective successors and assignees of both Parties.

  1. Non-waiver

The fact that Giroptic may not insist on the strict application of one of the stipulations of these Terms and Conditions does not imply that Giroptic waives the right to subsequently invoke said stipulation or to prevail over the other Party's possible default in respect of this stipulation.

  1. Proof – Electronic communication

Any notification or communication between You and Us may be carried out by any electronic means. Thus, you are fully advised that Giroptic may send you information by any electronic or paperless means that can directly or indirectly be linked to your account.

  1. Applicable law

Unless otherwise required by law, these Terms and Conditions of Use of the Applications are subject to French law. 

Notwithstanding any stipulations to the contrary, the Consumer shall not be deprived of the protection afforded by the measures of a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 in respect of consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council, abrogating Council Directive 85/577/EEC of the Council and Directive 97/7/EC of the European Parliament and of the Council, when the contract concluded at a distance or off the premises is closely linked to the territory of this Nation.

As such, the aforementioned law may be discarded in favor of the law of the country of the Buyer, pursuant to regulation No. 593/2008 of June 17, 2008 on the law that applies to contractual obligations.

  1. Jurisdiction - Dispute resolutions

Unless otherwise required by law, any disputes unresolved by mutual agreement, arising  between you and Giroptic, is submitted to the commercial court of metropolitan Lille to which jurisdiction is granted, even in the event of an interim ruling or a plurality of defendants.

  1. Please be advised that under the amicable procedures to which all disputes must be subjected before referral to the courts of competent jurisdiction, we can, by common consent, implement the means permitted by Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013 regarding the out-of-court settlement of consumer disputes and those resulting from (EU) Regulation No. 524/2003 of the European Parliament and of the Council of May 21, 2013 regarding the online settlement of consumer disputes.

Last update: 12/12/2016

Formulaire de rétractation (FR)

Withdrawal form (EN)