Summary

General Conditions for Using Giroptic's Services

Confidentiality policy

Legal notices

General Conditions for Using the Site

General Conditions for Using Applications

Terms and Conditions of Sales

Information sur les cookies

Regulations

General Conditions for Using Giroptic's Services

1. Relations between the Parties

When you use our Site, our products and services, our applications, our hosting services, our application programming interface (hereinafter the "Services"), you hereby submit to all or part of the present General Conditions for Using Giroptic's Services.

Said Conditions form a contract between you and Giroptic SAS, a simplified joint-stock company with a capital of €179,433.00, with registered office at 165, avenue de Bretagne in Lille (59000), France, registered in the Lille Métropole RCS (business and trade register) under no. 503 979 967, intra-Community VAT no. FR 61 503 879 967 (hereinafter "Giroptic" or "We/Us").

The Conditions for Using Giroptic's Services (hereinafter the "Conditions") comprise:

    • Our confidentiality policy
    • Legal notices
    • General conditions for using the Site
    • General Conditions for Using Applications
    • General Terms and Conditions
    • Information about cookies
    • Regulations

    Giroptic products must be used in accordance with associated relevant user guide. You can find all of the user guides in the Support section on our Site.

    Any natural or legal person using Giroptic products and services must guarantee to Giroptic:

    • that it/he has read the conditions applicable to the product and/or service used;
    • that it/he has saved them on a durable medium, including by printing them out in hard copy. A durable medium should be understood as any instrument which enables the consumer or trader to store information addressed personally to it/him in order to later refer to it for a period of time adequate for the purposes for which the information is intended and which allows the stored information to be reproduced;
    • that it/he has capacity under the law;
    • that it/he enjoys all of the rights enabling it/him to access the Services;
    • that it/he has no reservations regarding the provisions of the General Conditions for Using Giroptic's Services;
    • that the use of all or part of Giroptic's Services and Products shall be interpreted as unconditional acceptance of the General Conditions for Using Giroptic's Services;

    If you have the slightest reservation or objection regarding the General Conditions for Using Giroptic's Services, we must interpret such reservation or objection as refusal to agree to the General Conditions for Using Giroptic's Services. You must then stop using this product and/or Service.

    2. Modifications to the General Conditions for Using Giroptic's Services

    Unless stated otherwise, we hereby inform you that we reserve the right to amend at any time all or part of the present General Conditions for Using Giroptic's Services without any prior notice other than placing the new Conditions online.

    Any new General Conditions for Using Giroptic's Services shall replace the previous Conditions in full. However, any amendment to the present General Conditions for Using Giroptic's Services will require your agreement. We hereby deem that you agree to terminate with immediate effect the former Conditions and accept the new Conditions and to comply with the terms for accepting the new Conditions.

    Without prejudice to the above provisions, we recommend that you frequently consult the General Conditions for Using Giroptic's Services and save them on a durable medium.

    3. General

    a. Invalidity 

    The invalidity of any given contractual clause shall not entail the invalidity of the General Conditions for Using Giroptic's Services unless said clause is an essential and decisive clause that prompted one of the Parties to conclude the contract. Any such contractual clause considered null and void shall be deemed not have been written.

    b. Survival

    Any provision of the present General Conditions for Using Giroptic's Service which, by its very nature, can be exercised after the termination date shall be extended until full execution thereof and shall apply to the Parties' respective assigns and successors.

    c. Non-waiver

    Failure by Giroptic to insist on the strict application of any stipulation set out in the present General Conditions for Using Giroptic's Services shall not be construed as a waiver by Giroptic to subsequently invoke said stipulation, or to take action in respect of any failing by the other Party to comply with said stipulation.

    d. Proof – Electronic communication

    Any notification or communication between you and us shall be effected by any electronic means. Accordingly, you are hereby informed that Giroptic may send you information by any electronic and paperless means that may be directly or indirectly connected to your account.

    e. Applicable law

    Unless otherwise provided by law, the present General Conditions for Using Giroptic's Services are subject to French law.

    f. Jurisdiction - Dispute settlement

    Unless otherwise provided by law, any dispute not resolved via amicable proceedings arising between you and Giroptic shall be brought before the Commercial Court of Lille Métropole, which shall have jurisdiction, even in the event of interlocutory proceedings, an impleader or a plurality of defendants.

    We wish to inform you that, in respect of any amicable proceedings to which any dispute must be submitted prior to bringing the matter before the competent courts, we may deploy by mutual agreement the means allowed under Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and those set out in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

    Update: 12/12/2016

    Summary

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    Confidentiality policy

    We wrote our Confidentiality Policy to transparently explain how we, at Giroptic, process your personal data.

    Giroptic is a French company with registered office at 165 avenue de Bretagne, Lille (59000), France. It is represented by Mr Richard Ollier.

    If you cannot find answers to your questions, please contact us by e-mail: privacy@Giroptic.com.

    1. What data are collected?

    The use of Giroptic's products and services entails the collection of data that identify you directly or indirectly.

    The data that identify you can be your last name or first name, your e-mail, an image of you, etc. Accordingly, we can collect data which do not make it possible to identify you instantly. Such indirectly identifying data can include your age, your postal code, etc.

    Our Confidentiality Policy focuses on protecting all such data and we undertake to apply an optimal level of security to such data.

    2. What ressources are at your disposal to maintain control of your personal data?

    At Giroptic, we are of the opinion that we must support you and protect your personal data as best we can by guaranteeing the following rights:

    Right to access your data

    Your personal data are and must remain easily accessible. Accordingly, we give you the option to access your data. Simply contact our Customer Service department.

    Right to correct your data

    You may at any time correct, supplement, delete and/or update your personal data. This can be done directly in the application or on request.

    Right to oppose the processing of your data

    You may oppose, for legitimate reasons, the processing of your personal data. Simply contact our Customer Service department. Such action can have an impact on your use of Giroptic's products and services.

    Right to protect your data

    At Giroptic, we use various methods to secure your data. Accordingly, to access your data you must have a password-protected account.

    Right to be forgotten: deletion of your account

    At Giroptic, you are entitled to delete the data which identify you. Simply contact our Customer Service department

    3. What data are collected and when?

    Giroptic objects and services collect data when you use them. Accordingly, you send us data:

    • When you visit and use our sites and services
    • When you create a Giroptic account
    • When you use our applications
    • When you activate and use a Giroptic product
    • When you contact our Customer Service department

    We wish to detail and explain to you these different examples so that you are informed about how data are collected.

    When you visit and use our sites and services

    We collect certain data when you use our site, when you take part in our events and/or when you answer our questionnaires. Certain information is collected, even if you do not have a Giroptic account. This can happen when you view web pages, take part in surveys, competitions or events, write a comment on our site, share a page on a social network, order a product, etc.

    When you order a product on our site, we must keep certain data pertaining to your order, such as your delivery address or billing address, even if you opt to place an order without creating an account. However, we can never know your bank details since payment operations are effected via our partners.

    We also use cookies on our site. For more information about cookies, please see our Policy on Cookies.

    When you create a Giroptic account

    Creating a Giroptic account enables you to use Giroptic's services and applications. You must then provide us with certain data to identify yourself. Your Giroptic account is the central element in our services. It enables you to access and check your personal data. Accordingly, data are collected and used when creating an account and/or user profile, when logging in to your account, when ordering a product from your account, etc.

    When you use our applications

    You must create an account to use our applications. Applications enable you to use Giroptic's products and services, interact with them and access all functionalities offered by Giroptic.

    To that end, certain data are communicated to us when you download, install and use the application's functionalities. Accordingly, it is via the application that your data are sent to us when you install and synchronise your Giroptic product.

    With the application, you can activate certain optional functionalities such as geolocation via your telephone.

    Accordingly, we never save your contacts: the application accesses it to facilitate sharing, but we do not have access to any data. 

    When you activate and use a Giroptic product

    Giroptic's products, services and applications collect data to enable gradually increasing monitoring. When you activate a Giroptic product, you will be asked to download the Giroptic application and create an account. Certain functionalities are only accessible via a connection between your product and application.

    Your data are transmitted to our servers when you synchronise your product with our applications. 

    When you contact our Customer Service department

    When you contact our Customer Service department, you provide us with information enabling us to identify you. The transmitted information shall remain confidential when you contact us via our site.

    With a view to answering your support request, some of your data may be temporarily transmitted to our personnel until the issue is resolved. We take care to ensure that our personnel comply strictly with our confidentiality policy.

    4. Under which circumstances do you authorize us to share your personal data?

    You may share your personal data freely. However, we must obtain your consent ahead of time when data making it possible to identify you are shared.

    At your initiative

    You can share your data on social networks: You can share your data or site pages you like via social networks. Sharing is effected in accordance with the terms and conditions for using the social network you use.

    When such sharing is necessary to provide you with certain services

    Certain services require the intervention of other companies. This is the case, for example, with online payments on our site www.Giroptic.com. To ensure the service works, we send them certain data making it possible to identify you.

    When we are required to do so by law

    Certain legislation, regulations, administrative decisions or legal decisions can force us to divulge certain personal data to third parties. Unless we are prohibited from doing so, we will inform you as soon as possible if we have to divulge some of your data.

    5. How long do we keep your personal data?

    Unless a specific duration is required by law, we keep your personal data for a period that does not exceed the duration needed for the purposes for which it was collected and processed. Accordingly, we keep your personal data connected to your account provided you have not deleted your account. 

     

    6. At what age can Giroptic's products and services be used? 

    You must be older than thirteen (13) years of age to create an account and use our products and services.

    You must be aware that if you are a minor, your parents or legal guardians (hereinafter your "Parents") must give us their agreement by contacting our Customer Service department. Our personnel will answer any questions you and your Parents have regarding the use of our products and services and will explain the rules on collecting personal data.

    If we come into possession of data for individuals under thirteen (13) years of age, or a minor who has used our products and services without the agreement of his/her Parents, we will be required to permanently delete the data from our servers when we are so informed.

    7. How do we protect your data?

    Your data are mainly stored on servers equipped with advanced security devices as well as advanced security technologies and procedures. Access is strictly restricted and requires passing through multiple security checks comprising security personnel, security portals and biometric readers. Remote access to these servers is highly restricted and controlled.

    8. How can I delete my Giroptic account?

    We allow you to delete your user profile directly from our applications.

    To delete your account, contact our Customer Service department.

    Any data which identify you directly will then be deleted from our production servers. However, such data may be kept in the backups we create regularly. That is why your data may remain on our servers after your request.

    To ensure you have free access to your data, we will give you the opportunity to save your data locally before your account is deleted. We do this via a secure procedure.

    9. Can the confidentiality policy change ?

    We can change our Confidentiality Policy to adapt it to your needs, changes in the law and/or when there are changes in our products and services. We will inform you in the event of any such changes.

    Update: 12/12/2016

    Summary

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    Legal notices

    Registered office

    Giroptic SAS

    165 avenue de Bretagne

    Euratechnologies, 59000 Lille

    France

    Statutory information

    SIRET: 503 879 967 00027

    VAT no.: FR615039879967

    CNIL no.: 1647809 v0 NS 48

    Company registered with the Lille Métropole Commercial Court.

    You can contact us

    By telephone: +33 (3) 59 39 10 00

    Switchboard open from 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. on weekdays. Closed on weekends.

    Online: contact@giroptic.com

    Publication director

    The Site's publication director is Mr Richard Ollier in his capacity as chairman of the company.

    Hosting service

    The Site is hosted by Amazon Web Services Inc, with registered office at 410 Terry Avenue North, Seattle WA 98109-5210, United States of America. 

    Update: 12/12/2016

    Summary

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    General Conditions for Using the Site

    1. Relations between the Parties - Scope

    Logging in to the websites published by Giroptic, specifically at the address www.Giroptic.com (hereinafter the "Site") and the use thereof, shall be deemed to be unconditional acceptance of the General Conditions for Using the Site binding the web user and Giroptic SAS, a simplified joint-stock company with a capital of €179,433.00, with registered office at 165, avenue de Bretagne in Lille (59000), France, registered in the Lille Métropole RCS (business and trade register) under no. 503 61 879, intra-Community VAT no. FR 967 967 503 979 (hereinafter "Giroptic" or "We/Us").

    The General Conditions for Using the Site are a subset of the General Conditions for Using Giroptic's Services available on the Giroptic website at the following address: www.Giroptic.com. With respect to their purpose, they take precedence over any other document in the General Conditions for Using Giroptic's Services.

    Any natural or legal person logging in to and browsing the Site (hereinafter "the Web User"or "You") recognises and guarantees:

    • that it/he has read the General Conditions for Using the Site;
    • that it/he has retained them on a durable medium, specifically by printing them out in hard copy;
    • that it/he has reached the age of majority or has capacity under the law;
    • that it/he enjoys all of the rights enabling it/him to access the Site from its/his place of connection and navigation on the website.

    If you have the slightest reservation or objection regarding the General Conditions for Using the Site (hereinafter "Conditions"), we must interpret such reservation or objection as refusal to agree to the present Conditions. You must then leave the Site and stop using it and browsing on it.

    2. Amendments to the General Conditions for Using the Site

    We hereby inform you that we reserve the right to amend at any time all or part of the present Conditions without any prior notice other than placing the new Conditions online.

    Any new General Conditions for Using the Site shall replace the previous Conditions in full. However, any amendment to the General Conditions for Using the Site will require your agreement. We hereby deem that you agree to terminate with immediate effect the former Conditions and accept the new Conditions and to comply with the terms for accepting the new Conditions.

    Without prejudice to the above provisions, we recommend that you frequently consult the General Conditions for Using Giroptic's Services and save them on a durable medium.

    3. Purpose

    The present General Conditions for Using the Site apply when you log in to and use the Site.

    The use of the various functionalities of the Site can result in your being subject to multiple contractual Conditions depending on the functionalities you use, specifically:

    • When you use Applications, even when said Applications are accessible from the Site. In such case, you can also be subject to the General Terms and Conditions for using the Applications. 
    • When you place one or more orders on the Site. In this example, you can also be subject to the General Terms and Conditions.

    4. User login and Use of the Site

    In logging in to and using the Site, you may become aware of and use all the functionalities and data made available to you by Giroptic or third parties authorised by Giroptic under normal conditions of use. However, we reserve the right to modify all or part of the Site at any time.

    In using the Site, you shall refrain from:

    • Using the Site in a manner which is contrary to the applicable legislation or which infringes the rights of third parties, including intellectual property rights and the right to privacy;
    • Any activity that could entail any prejudice in respect of Giroptic and/or the Users of the Applications and/or Giroptic's Products and/or Services;
    • Fraudulently introducing any data on the Site or via the Site;
    • Fraudulently introducing any data in Applications or Giroptic's servers;
    • Harming, hindering or distorting the correct operation of the Site, or making use thereof in any manner whatsoever in order to impair the rights of third parties or Giroptic;
    • Taking any action and/or applying any method enabling the extraction of data, specifically data scraping, data harvesting or web crawling targeting the Giroptic's Site, servers or databases that would directly or indirectly enable the migration and/or duplication of a significant part of the data and services accessible via the Site;
    • Polling, scanning or technically analysing the Site;
    • Testing the vulnerability, performance of functionalities of the Site for any reason other than those needed for using the Site;
    • Circumventing the resources deployed by Giroptic to ensure the security of the Site;
    • Using any means making it possible to circumvent the login techniques deployed by Giroptic and required for logging in to the Site and/or to the purchasing module;
    • Accessing and staying, without authorisation, in areas normally accessible via login.

    5. Login and Connection

    Before accessing certain Site functionalities, you may be requested to log in ahead of time via a personal account in your own name.

    We request that you perform a sequence of steps needed to prevent third parties from accessing your account. You must check that your password is sufficiently secure (comprising a sufficient number of characters, upper and lower case characters, a variety of alphanumeric characters, etc.) and log out of your session when you exit the Site. You alone are responsible for access to your account and /or for any other resource made available so you can log in to the Site. We remind you that access to your account can enable access to personal data.

    Any login to your account by a third party with your consent is effected at your sole discretion. We may not be held responsible in the event personal data is divulged to one or more third parties owing to any express or implicit authorisation you have assigned to said third party. Exiting the Site without logging out shall be deemed to be implicit authorisation.

    To facilitate electronic communication, we remind you that logging in may be automated via the use of cookies.

    6. Intellectual property pertaining the Site

    By logging in to and using the Site, you are granted by Giroptic or any third party designated for that purpose a personal licence which is non-transferable, non-assignable, non-sublicensable and non-exclusive, limited to a usage compliant with the present Conditions, limited to the country where you are physically logging in and for the duration strictly needed for your use of the Site, enabling you to log in to and download in your browser all or part of the Site in order to browse the Site and to use all the functionalities made available to the online public by Giroptic or third parties authorised by Giroptic. 

    The Site comprises a combination of texts, interfaces, photographs, graphics, images, navigation resources, trade marks, trade names, service marks, logotypes, drawings and models, musical works, computer codes, software, fonts and any other element marked by intellectual property rights which we hold or which were licensed to us by third parties in order to incorporate them directly or indirectly on and/or in the Site (hereinafter the "Components").

    You are hereby informed that the present licence does not give you any right allowing you to undertake any reverse engineering, extraction, code decompilation, improvement, modification, commercialisation, rental or translation of the Site and of all or some of the Components.

    Any use of all or part of the Components, other than those strictly permitted by the present Conditions, require our express prior agreement.

    7. Use of the marks and images pertaining to Giroptic's products and services by third parties

    We authorise all publishers of a website and/or user of a social network (hereinafter the "Licensed Publishers") to use (1) our marks (2) images and media available on the Press page (3) hypertext links to our Site (hereinafter the "Licensed Elements"). Such use is limited to online public information purposes in order to enable the direct or indirect presentation of, communication of, sharing of or commenting on our Products and Services (hereinafter the Information"). The Licensed Elements may only be used with the prior written agreement of Giroptic.

    You must comply with the following restrictions in order to use the Licensed Elements:

    • You must not distort the Licensed Elements, including through cropping or incomplete citation, and you must meet the standards for presenting the Licensed Elements;
    • We may, for any reason whatsoever, at any time and without prejudice for you, demand and obtain the removal of the Licensed Elements within a maximum of twenty-four (24) hours as of our request for removal;
    • Under no circumstances may the Licensed Elements be used in such a way that users could believe there is an affiliation between Giroptic and you. The Licensed Elements may not be used in any way that could create confusion between Giroptic's Products and Services and your media, products and services. Accordingly, and without this list being exhaustive, the Licensed Elements may not be used for all or part of a mobile application title, a social network page title, a presentation where a Licensed Element dominates the other elements, a domain name, etc.;

    8. Hypertexts links

    We authorise you to implement reference systems making it possible to move directly from one part of a document to another, or from one document to other documents ("Hypertext Links") to the Site or any other related URLs under all of the following conditions:

    • The Hypertext Link must enable the Site to be displayed;
    • The Hypertext Link may not, under any circumstances, prejudice us;
    • The Hypertext Link may not, under any circumstances, make it possible to establish that we, Giroptic, have a direct or indirect legal connection with the site providing a Hypertext Link to Our Site;
    • The Hypertext Link may not, under any circumstances, enable the infringement of the intellectual property rights we hold;

    The hypertext links deployed by the Licensed Publishers may constitute deep links.

    We cannot be held responsible for the content to which the Hypertext Links on the Site point. However, you can report inappropriate links so we can remove the Hypertext Link in question within a reasonable period.

    9. Protection of personal data

    Protecting personal data is critical to Giroptic. You can find our Confidentiality Policy on our Site.

    If you are a natural person, we hereby inform you that browsing on the Site and creating an account enable us to obtain and keep some of your personal data. Personal data means any information pertaining to a natural person who is identified or who 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 all the resources with a view to enabling his or her identification at the disposal of or to which the processing officer or any other person may have access (hereinafter "Personal Data").

    The collection of personal data and the use thereof under the present Conditions are subordinate to your consent.

    The processing of the personal data we keep in connection with the present General Conditions for Using the Site was the subject of a statement on the existence of a file used to manage customers and prospects (statement no. 1647809 v0 NS 48) with the Commission Nationale Informatique et Libertés (CNIL). You are entitled to access, rectify and oppose information pertaining to you. You may exercise your rights at any time by contacting us directly:

    By post: Giroptic – 165 avenue de Bretagne, Lille (59000) - France

    By e-mailprivacy@Giroptic.com.

    You may also, for legitimate reasons, oppose the processing of your Personal Data.

    10. Liability – Guarantees

    The present provisions apply:

    • To the Site;
    • To the Applications;
    • To any improvements thereto and updates thereof.

    The present provisions do not apply:

    • To the Products

    10.1. Disclaimer of warranty 

    The Site, Applications, improvements thereto and updates thereof (hereinafter the "Resources") are provided on an "as is" and "if available" basis. Apart from the statutory guarantees to which no exception is permitted, we will not give any express or implicit guarantee of any kind whatsoever. Accordingly, we are not required to guarantee you that the Resources are of marketable quality, suitable for a particular use or available, that the Resources are secure or that the rights pertaining thereto are available, that the Resources function correctly, that the Resources are free of errors, anomalies, inaccuracies, faults and bugs, or that such can be corrected, that the Resources are compatible with any type of equipment, including computer hardware, that there will be no interruption of any type or duration, or that the Resources are reliable, accurate or complete.

    Consequently, any activity directly or indirectly linked to the use of the Resources is performed at your sole risk and according to your own consideration. The following activities are considered direct or indirect activities:

    • downloading all or part of the Resources;
    • accessing the services via one or more Resources;
    • temporarily or permanently storing all or part of the Resources;
    • providing Products or Services requiring the use of one or more Resources.

    10.2. Limitation of liability

    Unless otherwise provided by law, Giroptic may not be held liable for any damage directly or indirectly connected to the use of the Resources due to direct or indirect, material or immaterial damage, including loss of profit, loss of opportunity, loss of customer, loss of data, loss of reputation and/or any immaterial damage that you might suffer.

    Under the same conditions you may not hold personally liable the executives, managers or employees of Giroptic for any fault committed by them which is serious enough that they can incur liability.

    However, any expenses incurred by Giroptic due to any action by a third party due to your use of the Resources, including lawyer's fees, court costs, sentencing and/or any other costs incurred by Giroptic or which Giroptic must lawfully incur in connection therewith, may be invoiced to you in full by Giroptic.

    11. General

    a. Entirety of agreement 

    The present Conditions form one of the elements comprising the Conditions for Using Giroptic's Services. With respect to their purpose, they take precedence over any other provisions. The present Conditions cancel and supersede any previous commitment by the Parties pertaining to the purpose and constitute the entirety of the agreement between the Parties in view of the purpose of the present Conditions.

    b. Invalidity 

    The invalidity of any given contractual clause shall not entail the invalidity of the General Conditions for Using the Site unless said clause is an essential and decisive clause that prompted one of the Parties to conclude the contract. Any such contractual clause considered null and void shall be deemed not have been written.

    c. Survival

    Any provision of the present Conditions which, by its very nature, can be exercised after the termination date shall be extended until full execution thereof and shall apply to the Parties' respective assigns and successors.

    d. Non-waiver

    Failure by Giroptic to insist on the strict application of any stipulation set out in the present Conditions shall not be construed as a waiver by Giroptic to subsequently invoke said stipulation, or to take action in respect of any failing by the other Party to comply with said stipulation.

    e. Proof – Electronic communication

    Any notification or communication between You and Us shall be effected by any electronic means. Accordingly, you are hereby informed that Giroptic may send you information by any electronic and paperless means that may be directly or indirectly connected to your account.

    f. Applicable law

    Unless otherwise provided by law, the present General Conditions for Using the Site are subject to French law.

    g. Jurisdiction - Dispute settlement

    Unless otherwise provided by law, any dispute not resolved via amicable proceedings arising between you and Giroptic shall be brought before the Commercial Court of Lille Métropole, which shall have jurisdiction, even in the event of interlocutory proceedings, an impleader or a plurality of defendants.

    We wish to inform you that, in respect of any amicable proceedings to which any dispute must be submitted prior to bringing the matter before the competent courts, we may deploy by mutual agreement the means allowed under Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and those set out in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

    Update: 12/12/2016

    Summary

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    General Conditions for Using Applications

    1. Relations between the Parties – Scope

    The connection and use of the Applications published by Giroptic are considered unconditional acceptance of the General Conditions for Using Applications binding the web user and Giroptic SAS, a simplified joint-stock company with a capital of €179,433.00, with registered office at 165, avenue de Bretagne in Lille (59000), France, registered in the Lille Métropole RCS (business and trade register) under no. 503 967 61, intra-Community VAT no. FR 879 979 967 503 (hereinafter "Giroptic" or "We/Us").

    The General Conditions for Using Applications are a subset of the General Conditions for Using Giroptic's Services available on the Giroptic website at the following address: www.Giroptic.com. With respect to their purpose, they take precedence over any other document.

    The Application Interfaces and the Application Hardware (hereinafter the "Application") are subject to the present General Conditions for Using Applications.

    An Application Interface (hereinafter "Application Interface") is software published by Giroptic which comprises a graphical interface, accessible via your smartphone and web browser and through which you interact with the various functionalities deployed by the Application Interface, and making it possible, where appropriate, to save and access data, some or all of which may be personal data. The Application Interfaces published by Giroptic are:

    • iO360
    • iO Ping
    • 360Cam

    Application Hardware (hereinafter "Application Hardware") is software published by Giroptic, integrated within a Giroptic product and enabling Giroptic to perform the functionalities for which it is intended, to interconnect with the Application Interfaces, and to enable, where appropriate, the user to save data, some or all of which may be personal data, within the Product.

    Any natural or legal person connecting to and making use of an Application (hereinafter "the User"or "You") recognises and guarantees Giroptic:

    • that it/he has read the General Conditions for Using Applications;
    • that it/he has retained them on a durable medium, specifically by printing them out in hard copy;
    • that it/he has reached the age of majority or has capacity under the law;
    • that it/he enjoys all of the rights enabling it/him to access the Applications from its/his place of connection and navigation on the website.

    If you have the slightest reservation or objection regarding the General Conditions for Using Applications (hereinafter "Conditions"), we must interpret such reservation or objection as refusal to agree to the present Conditions. You must then close the Application(s) you are using, stop any use thereof and, where appropriate, uninstall it/them.

    2. Amending the General Conditions for Using Applications

    We hereby inform you that we reserve the right to amend at any time all or part of the present Conditions without any prior notice other than placing the new Conditions online.

    Any new General Conditions for Using Applications shall replace the previous Conditions in full. However, any amendment to the General Conditions for Using Applications will require your agreement. We hereby deem that you agree to terminate with immediate effect the former Conditions and accept the new Conditions and to comply with the terms for accepting the new Conditions.

    Without prejudice to the above provisions, we recommend that you frequently consult the General Conditions for Using Giroptic's Services and to save them on a durable medium.

    3. Purpose

    The present General Conditions for Using Applications apply to any download, installation and/or use you make of one or more Application(s) via inter alia one or more Product(s) or after you have downloaded one or more Application(s).

    The use of the various functionalities of the Applications can result in you being subject to multiple contractual Conditions, specifically:

    • When you use the Site. In such case, you can also be subject to the General Terms and Conditions for using the Site.
    • When you place one or more orders on the Site. In such case, you can also be subject to the General Terms and Conditions.

    4. Prerequisties for using, downloading and updating the Applications

    a. Application Interface

    Prior to your use of an Application Interface, you can download it to your device. The device can be your personal smartphone or your personal computer, specifically via your browser (hereinafter "Device"). Downloading Application Interfaces and sharing data between the Application Interface and Giroptic's servers require an Internet connection, which you must provide. However, the Application Interfaces can be used in part without an Internet connection. The quality of the Internet connection and the processor speed of the Device in question are elements critical to a high-quality for Users of the Application Interfaces. You can consult the Site or contact our Customer Service to determine whether your Device is compatible with the prerequisites of an Application Interface.

    The fact that you can download an Application Interface cannot be construed to mean that your Device is compatible with the Application and/or a Giroptic Product. It is up to you to check that your Device is compatible with Giroptic's Products and/or Application Interfaces.

    Application Interfaces must be downloaded and delivered in accordance with the contractual conditions of the download platform linked to your Device.

    The Application Interfaces will be updated in accordance with the update policy published by the manufacturer of your Device and/or the supplier of your Device's operating system. We hereby inform you that updates to the Application Interface can include substantial modifications of the (1) Application Interface and/or (2) functionalities available via the Application Interface. We cannot guarantee that the functionalities will always remain available via the Application Interface. Said functionalities may vary according to your place of download and/or connection to the Application Interface.

    b. Application Hardware

    • The use of Application Hardware is inherent to the use of a Giroptic Product as soon as said Product is powered up.

      The Application Hardware is updated regularly automatically via the application interface. You will not necessarily be informed of such updates. If you do not wish your Application Hardware to be updated, then it is possible that some or all functionalities of the Product or application interface will not be available. 

      You are hereby informed of the following:

      • Updates to the Application Hardware may include substantial modifications to the Application Hardware and/or functionalities of the Product available via the Application Hardware.
      • Giroptic may opt not to update the Application Hardware for any reason, specifically technical, legal or contractual reasons.
      • We do not guarantee you that the functionalities will always be available via the Application Hardware. Said functionalities may vary according to the place of download and/or the User's connection.

    5. Use of Applications by Users

    Users must comply with the present Conditions when downloading and/or installing and/or using the Applications.

    The data presented by the Applications may include errors of interpretation resulting specifically from measurement faults arising from the non-compliant use of Products, Devices or Applications. 

    When using the Applications, you shall refrain from:

    • Using the Applications in a manner which is contrary to the applicable legislation or which infringes the rights of third parties, including intellectual property rights and the right to privacy;
    • Any action that could entail any prejudice in respect of Giroptic and/or the Users of the Applications and/or Giroptic's Products and/or Services;
    • Fraudulently introducing any data in Applications or via Applications;
    • Harming, hindering or distorting the correct operation of the Applications, or making use thereof in any manner whatsoever in order to impair the rights of third parties or Giroptic;
    • Taking any action and/or applying any method enabling the extraction of data, specifically data scraping, data harvesting or web crawling targeting Giroptic's Applications, Sites, servers or databases that would directly or indirectly enable the migration and/or duplication of a significant part of the data and services accessible via the Applications;
    • Polling, scanning or technically analysing the Applications;
    • Testing the vulnerability, performance of functionalities of Applications for any reason other than those needed for using the Applications;
    • Circumventing the resources deployed by Giroptic to ensure the security of the Applications;
    • Using any means making it possible to circumvent the login techniques deployed by Giroptic and required for logging in to the Application and/or to the purchasing module;
    • Accessing and staying, without authorisation, in areas normally accessible via login.

    If you fail to comply with your commitments, we may deactivate your account in order to prevent you from using the Applications and may do so without prejudice to any other recourse that we might take against you.

    6. Login and connection

    Users may be required to create an account in order to log in to, access and use an Application.

    The link between an Application Interface and a Product enables you to log in as a Product User. Said link enables you:

    • to connect the data from the Product to your account;
    • to have access to your data via the graphical interface of the Application Interface;
    • to save your personal data on Giroptic's servers in accordance with our rules for protecting personal data.

    We request that you perform a sequence of steps needed to prevent third parties from accessing your account. You must check that your password is sufficiently secure (comprising a sufficient number of characters, upper and lower case characters, a variety of alphanumeric characters, etc.) and log out of your session when you exit the Application. You alone are responsible for access to your account and /or for any other resource made available so you can connect to the Applications. We remind you that access to your account can enable access to personal data. By the same token, we advise you to activate the functionality making it possible to access the Application Interface via a password.

    Any login to your account by a third party with your consent is effected at your sole discretion. We may not be held responsible in the event personal data is divulged to one or more third parties owing to any express or implicit authorisation you have assigned to said third party. Exiting the Application without logging out shall be deemed to be implicit authorisation.

    To facilitate electronic communication, we remind you that logging in may be automated via the use of cookies. 

    7. Intellectual property pertaining to the Applications

    The Applications contain information, elements and codes protected by Intellectual Property.

    a. Application Interface

    By downloading, installing and using an Application Interface, you, in your capacity as a User of the Application Interface, are granted by Giroptic or its assigns a personal licence pertaining to the Application Interfaces, and to updates and developments thereof, which is non-transferable and non-exclusive, for a usage compliant with the present General Conditions for Using Applications, limited to the country in which you are physically connecting and for the duration strictly needed for your use of the Application in question, enabling you, via the Application Interface, to benefit from the various functionalities made available to you by Giroptic and its partners. Consequently, you acknowledge that the Application Interfaces are not sold to you and that you have no right of ownership over said Application Interfaces.

    You acknowledge that the present licence prohibits you from undertaking any reverse engineering, extraction, code decompilation, improvement, modification, commercialisation, rental or translation of the Application Interfaces.

    Unless stated otherwise, the present rights are granted to you for updates to and developments of said Application Interfaces. However, certain functionalities can be accessible via a special licence, in particular if said functionalities are published by third parties but integrated within the Application Interface. (hereinafter "Third-Party Functionalities")

    b. Application Hardware

    In using a Giroptic Product, you, in your capacity as a Product User, are granted by Giroptic or by its assigns a personal licence pertaining to the Application Hardware of your Giroptic Product, to any updates thereto and developments thereof, assigned to your Product (identified via a unique serial number), accessible only to a new User of your Product, which is non-exclusive, for a usage the objectives of which correspond to a normal usage of the Product, limited to the country in which you use the Product and the Application Hardware attached thereto and for the duration strictly need for your use of the Product. Consequently, you acknowledge that the Application Hardware is not sold to you and that you have no right of ownership over said Application Hardware.

    You acknowledge that the present licence prohibits you from undertaking any reverse engineering, extraction, code decompilation, improvement, modification, commercialisation, rental or translation of the Application Interfaces.

    c. Graphical Elements of the Applications

    The Applications comprise a combination of texts, interfaces, photographs, graphics, images, navigation resources, trade marks, trade names, service marks, logotypes, drawings and models, musical works, computer codes, software, fonts and any other element marked by intellectual property rights which we hold or which were licensed to us by third parties in order to incorporate them directly or indirectly on and/or in the Applications (hereinafter the "Components").

    You acknowledge that the present licence prohibits you from undertaking any reverse engineering, extraction, code decompilation, improvement, modification, commercialisation, rental or translation of the Components.

    Any use of all or part of the Components, other than those strictly permitted by the present Conditions, require our prior agreement.

    8. Third-party functionalities

    Certain third-party functionalities can be integrated in the Applications in order to provide you with additional functionalities. Said third-party functionalities shall be used via a contractual commitment between you and said third party and distinct from the present document. In its capacity as a third party to said agreement, Giroptic will not be liable in connection with the direct or indirect use of said functionality.

    9. Protection of personal data

    The protection of personal data is critical to Giroptic. You can find our Confidentiality Policy on our Site.

    If you are a natural person, we hereby inform you that the use of the Applications and the use of all of the functionalities of the Applications and Products enable Giroptic to obtain and to maintain - including via its hosting service - some of your personal data. Personal data means any information pertaining to a natural person who is identified or who 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 all the resources with a view to enabling his or her identification at the disposal of or to which the processing officer or any other person may have access (hereinafter "Personal Data").

    The collection of personal data and the use thereof under the present Conditions are subordinate to your consent.

    You are fully informed that the personal data that you submit directly or indirectly to Giroptic will be the subject of automated processing. You have right of access, right of rectification and right of opposition in respect of information pertaining to you. You may exercise your rights at any time by directly contacting:

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

    By e-mail: privacy@giroptic.com

    You may also, for legitimate reasons, oppose the processing of your Personal Data.

    10. Hosting

    In using the Application Interfaces, you authorise Giroptic, or third parties designated by Giroptic, to store the data arising from the use of the Products and/or Applications and/or functionalities permitted by the Products and Applications. Your data may not be accessible and we cannot guarantee that your data will be accessible forever. Consequently, you must regularly make copies of your data. 

    11. Liabilities - Guarantees

    The present provisions apply:

    • To the Site;
    • To the Applications;
    • To the Hosting Services;
    • To any improvements thereto and updates thereof.

    The present provisions do not apply:

    • To the Products

    11.1. Disclaimer of warranty 

    • The Site, Applications, hosting services and any data, as well as improvements thereto and updates thereof (hereinafter the "Resources") are provided on an "as is" and "if available" basis. Apart from the statutory guarantees to which no exception is permitted, we will not implement any express or implicit guarantee of any kind whatsoever. Accordingly, we are not required to guarantee you that the Resources are of marketable quality, suitable for a particular use or available, that the Resources are secure or that the rights pertaining thereto are available, that the Resources function correctly, that the Resources are free of errors, anomalies, inaccuracies, faults and bugs, or that such can be corrected, that the Resources are compatible with any type of equipment, including computer hardware, that there will be no interruption of any type or duration, or that the Resources are reliable, accurate or complete.

      Consequently, any activity directly or indirectly linked to the use of the Resources is performed at your sole risk and according to your own consideration. The following activities are considered direct or indirect activities:

      • downloading all or part of the Resources;
      • accessing the services via one or more Resources;
      • temporarily or permanently storing all or part of the Resources;
      • providing Products or Services requiring the use of one or more Resources.

    11.2. Limitation of liability 

    Unless otherwise provided by law, Giroptic may not be held liable for any damage directly or indirectly connected to the use of the Resources due to direct or indirect, material or immaterial damage, including loss of profit, loss of opportunity, loss of customer, loss of data, loss of reputation and/or any immaterial damage that you might suffer.

    Under the same conditions you may not hold personally liable the executives, managers or employees of Giroptic SAS for any fault committed by them which is serious enough that they can incur liability.

    However, any expenses incurred by Giroptic due to any action by a third party due to your use of the Resources, including lawyer's fees, court costs, sentencing and/or any other costs incurred by Giroptic or which Giroptic must lawfully incur in connection therewith, may be invoiced to you in full by Giroptic.

    12. General

    a. Entirety of the agreement

    The present Conditions form one of the elements comprising the Conditions for Using Giroptic's Services. With respect to their purpose, they take precedence over any other provisions. The present Conditions cancel and supersede any previous commitment by the Parties pertaining to the purpose and constitute the entirety of the agreement between the Parties in view of the purpose of the present Conditions.

    b. Invalidity

    The invalidity of any given contractual clause shall not entail the invalidity of the General Conditions for Using the Applications unless said clause is an essential and decisive clause that prompted one of the Parties to conclude the contract. Any such contractual clause considered null and void shall be deemed not have been written.

    c. Survival

    Any provision of the present Conditions which, by its very nature, can be exercised after the termination date shall be extended until full execution thereof and shall apply to the Parties' respective assigns and successors.

    d. Non-waiver

    Failure by Giroptic to insist on the strict application of any stipulation set out in the present Conditions shall not be construed as a waiver by Giroptic to subsequently invoke said stipulation, or to take action in respect of any failing by the other Party to comply with said stipulation.

    e. Proof – Electronic communication

    Any notification or communication between You and Us shall be effected by any electronic means. Accordingly, you are hereby informed that Giroptic may send you information by any electronic and paperless means that may be directly or indirectly connected to your account.

    f. Applicable law

    Unless otherwise provided by law, the present General Conditions for Using Applications are subject to French law.

    g. Jurisdiction - Dispute settlement

    Unless otherwise provided by law, any dispute not resolved via amicable proceedings arising between you and Giroptic shall be brought before the Commercial Court of Lille Métropole, which shall have jurisdiction, even in the event of interlocutory proceedings, an impleader or a plurality of defendants.

    We wish to inform you that, in respect of any amicable proceedings to which any dispute must be submitted prior to bringing the matter before the competent courts, we may deploy by mutual agreement the means allowed under Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and those set out in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

    Update: 12/12/2016

    Summary

    ***

    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.

    Update: 12/12/2016

    Formulaire de rétractation (FR)

    Withdrawal form (EN)

    Summary

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    Information sur les cookies

    Lors de votre consultation des sites www.Giroptic.com, http://share.360.tv, et  http://account.360.tv (ci-après « les sites Giroptic »),  des cookies sont déposés sur votre ordinateur, votre tablette ou votre téléphone mobile (Terminal). Ce fichier - appelé Cookie - a pour finalité de collecter des informations relatives à votre navigation et nous permet dès lors d’être attentifs à vos besoins et attentes. Nous faisons usage de cookies afin par exemple de vous identifier et accéder à votre compte et gérer votre panier de commande.

     Cette page vous permet de mieux comprendre comment fonctionnent les cookies et comment utiliser les outils actuels afin de les paramétrer.

      

    Qu'est-ce qu'un cookie ?

    Un cookie est un petit fichier texte déposé sur votre Terminal lors de la visite d'un site ou de la consultation d'une publicité. Ils ont notamment pour but de collecter des informations relatives à votre navigation sur les sites et de vous adresser des services personnalisés.

    Dans votre Terminal, les cookies sont gérés par votre navigateur internet.

     

    Différents émetteurs

    Les cookies Giroptic

    Il s’agit de cookies déposés par Giroptic sur votre Terminal pour répondre aux besoins de navigation sur notre site internet, l’optimisation et la personnalisation de nos services sur le site. 

    Les cookies provenant de tiers

    Il s’agit des cookies déposés par des sociétés partenaires de Giroptic, mais qui peuvent également être déposés lorsque vous cliquez sur des bannières publicitaires de notre site internet.

    Il s'agit des cookies déposés par des sociétés tierces (par exemple des régies publicitaires ou par des partenaires) afin d'identifier vos centres d'intérêt au travers des produits consultés ou achetés sur notre site et personnaliser l'offre publicitaire qui vous est adressée sur notre site ou en dehors de notre site. Ils peuvent être déposés à l'occasion de la navigation sur notre site ou lorsque vous cliquez dans les espaces publicitaires de notre site. Nous n'avons pas la maîtrise des cookies déposés par les régies publicitaires qui agissent pour leur propre compte. Dans le cadre des partenariats publicitaires nous pouvons être amenés à transmettre aux partenaires qui agissent pour notre compte des données concernant vos achats et les produits consultés sur notre site. Nous veillons à ce que les sociétés partenaires acceptent de traiter les informations collectées sur les sites Giroptic exclusivement pour les besoins de Giroptic et conformément à nos instructions, dans le respect de la loi « Informatique et Libertés » du 6 janvier 1978 modifiée et s'engagent à mettre en œuvre des mesures appropriées de sécurisation et de protection de la confidentialité des données.

     

    Cookies utilisés

    Les cookies strictement nécessaires

    Notre site utilise des cookies nécessaires au fonctionnement de notre site. Ils vous permettent d'utiliser les principales fonctionnalités de notre site (par exemple utilisation du panier d'achat ou l'accès à votre compte). Sans ces cookies, vous ne pourrez pas utiliser notre site normalement. Il s'agit de cookies déposés par Giroptic qui ne concernent que le fonctionnement de notre site.

    Nos cookies sont chiffrés.

    Les "cookies essentiels" à l'utilisation de notre site sont notamment les suivants:

    NOM COOKIE

    FONCTION

    [date_add]

    Date d'ajout du cookie

    [id_lang]

    ID de la langue de l'utilisateur

    [id_currency]

    ID de la devise du client

    [last_visited_category]

    ID de la dernière catégorie visitée par le client

    [country_choose]

    Drapeau spécifiant si l'utilisateur a explicitement choisi son pays d'expédition ou non

    [token]

    Jeton d'authentification Giroptic

    [checkedTOS]

    Drapeau spécifiant si l'utilisateur a accepté les conditions générales d'utilisation du site

    [iso_code_country]

    Code ISO de pays sélectionné par l'utilisateur

    [id_guest]

    Identifiant du visiteur lorsqu'il n'est pas authentifié

    [id_connections]

    ID de la connexion de la session ouverte par l'utilisateur

    [id_cart]

    ID du panier du client

    [id_customer]

    ID du client

    [customer_lastname]

    Nom du client

    [customer_firstname]

    Prénom du client

    [logged]

    Drapeau spécifiant est identifié ou non

    [is_guest]

    Drapeau spécifiant si l'utilisateur n'est pas identifié

    [checksum]

    Champ permettant de vérifier l'intégrité du cookie

    [gironster]

    ID de l'utilisateur Giroptic

    [giro_lang]

    Code iso de langue de l'utilisateur Giroptic

    [g-oa-at]

    Access token pour l'API Giroptic

    [g-oa-rt]

    Refresh token pour l'API Giroptic

    [g-oa-ru]

    Adresse de redirection après authentifications sur l'API Giroptic

     

    Les cookies analytics

    Il s’agit des cookies qui nous permettent de connaître l’utilisation et les performances de notre site et d’en améliorer le fonctionnement (par exemple, les pages les plus fréquemment consultées). Il s’agit principalement de cookies Giroptic.

     

    Les cookies publicitaires

     Il s'agit des cookies utilisés pour vous présenter des publicités ou vous adresser des informations adaptées à vos centres d'intérêts sur notre site ou en dehors de notre site lors de votre navigation sur Internet. Ils sont notamment utilisés pour limiter le nombre de fois où vous voyez une publicité et aider à mesurer l'efficacité d'une campagne publicitaire.

    Le refus de ces cookies publicitaires n'a pas d'impact sur l'utilisation de notre site. Cependant le fait de refuser les cookies publicitaires n'entraînera pas l'arrêt de la publicité sur notre site ou sur Internet.

    Cela aura seulement pour effet d'afficher une publicité qui ne tiendra pas compte de vos centres d'intérêt ou de vos préférences.

     Ces cookies sont principalement des cookies tiers.

    Ces cookies dépendent principalement des régies publicitaires. Nous ne pouvons pas les lister de manière exhaustive.

    Exemple : udc, acdc, uic, evt, uei, uid

     

    Les cookies et plug-in de réseaux sociaux (boutons sociaux)

    Ces cookies sociaux visent à permettre aux utilisateurs de partager des pages et du contenu via des réseaux sociaux tiers. Ils permettent également de cibler l’offre publicitaire sur les réseaux sociaux. 

    Notre site utilise également des « plug-in » ou boutons sociaux.

    Les plug-ins sociaux permettent notamment de faciliter le partage des pages et contenus de notre site sur les différentes plateformes sociales. Ils vous permettent par exemple d’aimer (« liker ») et de partager des informations provenant de notre site avec vos amis sur les réseaux sociaux.

    A cette fin les plug-in utilisent des cookies permettant de tracer la navigation des internautes que vous soyez utilisateurs de ces plateformes ou non et que vous soyez connectés ou non au réseau social lors de votre navigation. Ces cookies permettent également de cibler les offres publicitaires sur ces plateformes.

    Pour plus d’information sur l’utilisation de vos données personnelles en relation avec les réseaux sociaux vous pouvez consulter les polices de confidentialité des réseaux sociaux tiers concernés.

    Les cookies et identifiants machine aux fins de sécurisation des transactions

     Nous vous informons que lors de votre commande, Giroptic ou ses prestataires agissant pour son compte, peuvent déposer des cookies ou collecter des informations relatives à votre terminal notamment informations (attributs techniques) nécessaires à la reconnaissance du type de Terminal afin de permettre l'identification de votre équipement aux fins de sécurisation des transactions (prévention des risques de fraudes). Des cookies ou identifiants machine de type « empreinte » sont utilisés à cette fin. Vous êtes informés de cette collecte d’informations relatives à votre terminal pour constituer un identifiant machine par un bandeau dès votre arrivée sur le site. En continuant vos achats sur notre site sans paramétrer la collecte de vos identifiants machine, vous acceptez la collecte de ces informations et la création de l’identifiant.

     

    Accepter ou refuser les cookies

    Vous disposez de différents moyens pour gérer les cookies.

    Le paramétrage de votre navigateur internet

    Vous pouvez à tout moment choisir de désactiver ces cookies. Votre navigateur peut également être paramétré pour vous signaler les cookies qui sont déposés dans votre Terminal et vous demander de les accepter ou non. Vous pouvez accepter ou refuser les cookies au cas par cas ou bien les refuser systématiquement une fois pour toutes.

    Nous vous rappelons que le paramétrage est susceptible de modifier vos conditions d'accès à nos services nécessitant l'utilisation de cookies.

    Si votre navigateur est configuré de manière à refuser l'ensemble des cookies, vous ne pourrez pas effectuer d'achats ou profiter de fonctions essentielles de notre site, comme par exemple stocker des articles dans votre panier ou recevoir des recommandations personnalisées. Afin de gérer les cookies au plus près de vos attentes nous vous invitons à paramétrer votre navigateur en tenant compte de la finalité des cookies telle que mentionnée ci-avant.

     

    Voici comment contrôler ou empêcher l'enregistrement des cookies :

    La configuration de chaque navigateur est différente. Elle est décrite dans le menu d'aide de votre navigateur, qui vous permettra de savoir de quelle manière modifier vos souhaits en matière de cookies.

    Vous pouvez désactiver les cookies en suivant les instructions comme suit :

     

    Si vous utilisez le navigateur Internet Explorer

    Dans Internet Explorer, cliquez sur le bouton « Outils », puis sur « Options Internet ».

    Sous l'onglet « Général », sous « Historique de navigation », cliquez sur « Paramètres ».

    Cliquez sur le bouton « Afficher les fichiers ».

     

    Si vous utilisez le navigateur Firefox

    Allez dans l'onglet « Outils » du navigateur puis sélectionnez le menu « Options ».

    Dans la fenêtre qui s'affiche, choisissez « Vie privée » et cliquez sur « Affichez les cookies ».

     

    3/ si vous utilisez le navigateur Safari

    Dans votre navigateur, choisissez le menu « Édition > Préférences ».

    Cliquez sur « Sécurité ».

    Cliquez sur « Afficher les cookies ».

     

    Si vous utilisez le navigateur Google Chrome

    Cliquez sur l'icône du menu « Outils ».

    Sélectionnez « Options ».

    Cliquez sur l'onglet « Options avancées » et accédez à la section « Confidentialité ».

    Cliquez sur le bouton « Afficher les cookies ».

     

    Le paramétrage sur une plateforme de gestion des cookies

    Vous pouvez gérer vos cookies en vous rendant sur des plateformes de gestion des cookies proposées par les professionnels de la publicité. 

    Pour plus d’informations sur les cookies, nous vous invitons le cas échéant à consulter le site de la CNIL.

    Update: 12/12/2016

    Summary

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    Regulations