Sergetti | Legal notices

header-balle-raquette_2 Legal notices tennis string tension

TERMS OF USE FOR CONCEPTS SERGETTI INC. WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY.

By using this website (the “Website”), exclusively owned by CONCEPTS SERGETTI INC. (“Sergetti”), you expressly acknowledge to have read and agreed to the following terms and conditions which govern your use of the Website (the “Terms of Use”). If you do not agree to the Terms of Use, please leave the Website immediately and do not take into account the information contained therein. Sergetti reserves the right to modify the Terms of Use at any time.

USE RESTRICTIONS AND JURISDICTION

The information and images on the Website may not be used by any person in any country under any law when such use could constitute a violation of applicable national legislation. In such case, you are forbidden from using or accessing any information or image, of any nature whatsoever, on this Website.

GDPR (EU-General Data Protection Regulation): As the operator of the website http://www.sergetti.com/, the protection of your personal data is a matter we take very seriously. If you are a resident within the European Union, we collect and process your personal data on the basis of legal regulations (EU-General Data Protection Regulation GDPR, Federal Data Protection Act FDPA). Below, in the PRIVACY POLICY section, we will inform you about the most important aspects of data processing on our website.

This Website is designed for users accessing it from Canadian territory. Moreover, these Terms of Use are governed exclusively by the applicable laws of the province of Quebec and of Canada, without regard to the conflicts of law provisions therein. Any litigation, recourse or claim arising from or in relation to these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

DISCLAIMER

This Website is provided “as is” and “according to availability”, without any warranty of any kind, express or implicit, including, without limitation, any warranty of merchantability or suitability for a user’s particular need, any warranty regarding the Website’s content or operation, third-party links or other communications, any warranty in case of errors, corrections or defects, interrupted or intercepted transmissions, data loss, virus or any other potentially harmful element.

Under no circumstances can Concepts Sergetti Inc. or any of its subsidiaries or entities be held liable towards any person for any fee or damages, including direct, indirect, consecutive or intangible damages, damages related to access to or use of this Website. Furthermore, Sergetti or any of its subsidiaries or entities cannot be held liable for any person’s inability to access the Website or use its functions and services, including browsing or downloading any information, data, text, image or any other material available on the Website or via another website linked to by this Website or linking to this Website.

It is the responsibility of users of this Website, with the total exclusion of any liability from Sergetti, to evaluate the accuracy, completeness, reliability and relevance of the opinions given, services offered or any other information provided. Information included and presented on this Website should not be interpreted and relied upon as if it were professional advice or advice on a specific situation.

INTELLECTUAL PROPERTY

Unless otherwise specifically stated, any trademark, registered or not, and any logo displayed on the Website, any information, any graphic image, any feature or any service, any layout (including the “look and feel”) and any text on this Website are the sole property of Sergetti or are duly used under license by Sergetti and are protected by applicable intellectual property laws or any provisions included in any other relevant law, in Canada and abroad. They may not be copied or broadcast, in whole or in part, without Sergetti’s prior written consent.

In addition, you acknowledge that you are not allowed to (i) create derivative work based on this Website or any material and/or content included on or integrated to the Website; (ii) use the Website or any included material and/or content for commercial purposes; (iii) remove any notice regarding copyright or other ownership notices from the Website and/or its content; (iv) circumvent any encryption or other security tool used anywhere on the Website; (v) use any data mining tool, robot or similar tool to collect and extract data from the Website; or (vi) decompile, reverse engineer, modify or disassemble any part of this Website.

However, you may download or print any page on this Website for personal and non-commercial use only, provided that you keep all notices regarding the intellectual property of Sergetti or any assigns involved.

HYPERTEXT LINKS

The Website may contain hypertext links leading to other websites. These links are provided for information purposes only and as a service. On this matter, Sergetti disclaims any liability or obligation, of any nature whatsoever, regarding these third-party websites to which the Website links (or any link to this Website on another website), including the content and operation of these third-party websites. Sergetti does not review nor control these links. Certain websites may be hosted outside your country and therefore be governed by different laws and regulations.

A link from this Website to another website (or to this Website from another website) does not in any way constitute a recommendation, endorsement, approval, advertisement, offer or solicitation with regard to the other website, its content or its products and services advertised or provided on this other website. Sergetti assumes and believes that links provided to other websites and accessible by all, to web pages, discussion forums and any other sources are allowed under the law and comply with Internet users’ normal and usual expectations.

CONFIDENTIALITY OF INFORMATION PROVIDED TO CONCEPTS SERGETTI INC.

Sergetti takes all reasonable measures to ensure the integrity and security of information obtained from Internet users through the Website and to avoid any non-authorized access to or use of this information. To this end, Sergetti regularly reviews its security measures.

You should never, under any circumstances, send any information that is confidential or that you own to Sergetti via the Website. Any information sent to Sergetti through the Website, other than your personally identifiable information, is presumed non-confidential. Personally identifiable information is only used to answer your questions or to market Sergetti’s products and services.

Sergetti cannot, under any circumstances, be required to monitor the data provided or sent through this Website, as is the case for any website linked to on this Website or linking to this Website. Sergetti has under no circumstances any obligation, of any nature whatsoever, resulting from such data or transmission, which do not constitute in any way a confidentiality agreement, express or implied, between a user and Sergetti.

USER BEHAVIOUR

When you access and use any part of this Website, you undertake not to:

Write or send illegal, threatening, abusive, libelous, obscene, pornographic, blasphemous or reprehensible information, in any way whatsoever, including without limitation messages showing or promoting a behaviour that could constitute a breach of a law or violating a national or international right;
Write or send data or software infected with a virus (worm or Trojan horse) or any other harmful element;
Interfere with the operation of this Website or hinder or prevent another person from using this Website;
Write, publish, send, reproduce, distribute or use information, software or any other material obtained through this Website for commercial purposes without Sergetti’s prior written consent.

In case of violation of these Terms of Use, Sergetti reserves the right to sue the offender for damages to the full extent of the law.

BREACH AND INDEMNITY

Subject to any provisions of any applicable law, you accept to indemnify and hold harmless Sergetti and its employees, officers, directors and agents should you violate these Terms of Use. This indemnity shall cover all expenses, payments, losses, losses of profit or any direct or indirect damage, monetary or not, incurred by Sergetti, its employees, officers, directors and agents.

You can contact us by email at the following address service@sergetti.com for any question. We will make every effort to process your request quickly.

Last update: July 23^rd, 2018

PRIVACY POLICY

This privacy policy (the “Policy”) informs you of our privacy policy practises. It explains why and how we collect your data and information and how it is stored and used.

Sergetti takes all reasonable measures to ensure the integrity and security of information obtained on Internet users through the Website and to prevent any non-authorized access or use of this information. To this end, Sergetti regularly reviews its security measures.

L’organisme responsable de la collecte, du traitement et de l’utilisation des données personnelles selon la Loi sur la Protection des Données est Concepts Sergetti Inc. Vous pouvez nous contacter aux coordonnées suivantes :

Concepts Sergetti Inc.

Managing Director and Privacy Officer: Serge Thibodeau,

Quebec Enterprise Register: NEQ 1163826796

483 rue Esther-Blondin Vaudreuil-Dorion (Quebec) J7V2R6 Canada

E-Mail : service@sergetti.com

DATA COLLECTED BY AUTOMATIC MEANS

Several tools may be used on our Website to improve its efficiency and usability and for marketing and statistical purposes. These tools may include collection and automatic storage of data by us or by third parties on our behalf. In general, this data does not include users’ personal information. These tools include, without limitation, cookies, Adobe Flash cookies, web beacons (also called “pixel tags” or “clear GIFs”), tracking URLs or similar tools and web analytics software.

Collected data may include, without limitation:

Visitors’ IP addresses;
Date and time of visit;
Referral URL (the website from which the visitor came);
Pages visited on our Website;
Information on the browser used (type and browser version, operating system, etc.).

The payment method is via Paypal, and we have no access to your banking data. You will find more information about data protection by PayPal here: https://www.paypal.com/ca/webapps/mpp/ua/legalhub-full?locale.x=en_US

We may also use cookies to identify the owner of a user account and to put items in the virtual basket while you shop. The cookies that we use in these cases are generally session cookies, which are automatically erased when you close your browser. You can manage your browsing preferences at all times directly in your Web browser. By default, browsers allow the use of cookies, but this feature can be disabled. However, if cookies are disabled, certain services may not be available. You can also manually delete cookies after use through your Web browser.

Web beacons, tracking URLs or similar tools and cookies are primarily used for statistical analysis. These tools may also be used to follow traffic patterns on websites or to know if an email has been received, opened or answered.

Web analytics software gathers data on and analyzes the behaviour of visitors of websites or mobile applications. It analyzes traffic patterns, for example, to determine how often certain parts of a website or a mobile application are viewed or which information or services interest our visitors. To this end, we mostly use clickstream data and other techniques described above. The web analytics services used on our Website and our mobile applications are provided by Google Analytics or other service providers.

This means that when you visit our Website, a Google Analytics cookie is stored on your computer or mobile device, provided that your browser settings allow such cookies, as mentioned above. Furthermore, when you visit our Website, the web analytics data described above (including clickstream data, data provided by web beacons and tracking URLs and information stored in Google Analytics cookies) is sent to Google Analytics to be analyzed for Sergetti.

Google Analytics acts as Sergetti’s agent, which means that Sergetti determines the purposes for which the data is used and Google Analytics may not disclose this information to third parties (except in cases where the law or a court order forces such disclosure). With regard to privacy, this means that Sergetti is the “guarantor” and Google Analytics is the “data processor”.

If you do not want that information regarding your visits to our Website be gathered and analyzed by Google Analytics, you can opt out. This means that Google Analytics will anonymize the information gathered (but will continue to gather it) or will stop gathering information on your visit, depending on the type of opt-out that you choose. To opt out, you have to accept that a cookie be stored on your computer by Google Analytics. You may request to opt out by clicking on the relevant link in the Google Analytics website section that includes the privacy policy (https://tools.google.com/dlpage/gaoptout).

For more information regarding Google Analytics and its privacy policy, please read the privacy policy at http://www.google.com/intl/fr/policies/privacy/.

Geolocation Services

We offer geolocation services on our Website, particularly through Google Maps.

If you use mobile applications, these applications may receive information regarding your current location (similar to the GPS signals sent by mobile devices) or other information that can be used to determine your location. You can authorize the activation of the geolocation service. You can also prohibit at any time an application from using the geolocation service.

For more information regarding Google Maps and its privacy policy, please the privacy policy at http://www.google.com/intl/en/policies/privacy/.

Retargeting Tools

Our Website uses Internet retargeting tools. Visitors who are interested by our products can see our ads on partner websites. We believe that personalized advertising, based on users’ interests, is more interesting than advertising without any connection to the consumer.

We collaborate with companies that use tracking tools. These companies broadcast ads on our behalf on the Internet. They may gather non-personally identifiable information on your visits to our Website and your interaction with our communications, particularly ads.

Retargeting tools analyze your cookies and display ads according to your behaviour on the Internet. This technology does not store any of your personal information.

If you do not wish this, you can set your browser so that it informs you about the setting of cookies and you can decide in individual cases whether you allow the setting or not. You can also set up your browser in such a way that the storage of cookies is generally excluded.

The data processed by cookies is required for the above-mentioned purposes in order to safeguard our legitimate interests pursuant to Art. 6 para. 1 lit. f) GDPR.

You may deactivate the use of cookies by Google through its Ads Settings. You may also deactivate the use of cookies by third-party providers on the Network Advertising Initiative opt-out page or the DoubleClick opt-out page.

Twitter

We use Twitter, a service of Twitter Inc., for target audience based online advertising and conversion tracking. For this we have implemented a Twitter tag on our website. Through this tag, when you visit the website, a direct connection is made with Twitter’s servers and transmits that you have visited our site and whether you have made an inquiry or other action. Twitter assigns this information to your personal Twitter account. That way, we can target ads based on your recent page views and activities (remarketing). The data processed by Twitter does not allow us to identify you. This pseudonymous information will not be combined with other information about you. For more information about the collection and use of data by Twitter, as well as your related rights and ways to protect your privacy, please refer to the Twitter’s privacy policy at https://twitter.com/privacy?lang=en.

Facebook

Our website uses social media plug-ins from Facebook to make the user experience more personalized. For this we use the Facebook button. This is an offer from Facebook.

Facebook is a service of Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA.

When you visit a page of our website that contains such a plug-in, your browser connects directly to the Facebook servers. The content of the plug-in is transmitted by Facebook directly to your browser and integrated by the latter into the website.

By integrating the plug-in, Facebook receives the information that your Browser has accessed the corresponding page of our website, even if you don’t have a Facebook profile or are not currently logged in. This information (including your IP address) is transmitted by your browser directly to the Facebook servers and stored there.

If you are logged in as a member of Facebook, Facebook can assign the visit to your Facebook profile. When using plug-in functions (for example, pressing the “LIKE” button or leaving a comment), this information is also transmitted directly from your browser to Facebook and stored there. The information will also be published on your Facebook profile and displayed to your Facebook friends.

Facebook may use this information for the purpose of advertising, market research and tailor-made Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, for example, to evaluate your use of our website with regard to the advertisements displayed on your Facebook, to inform other Facebook users about your activities on our website, and to further inform you about the use of Facebook related services.

To learn more about the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in relation to this matter and setting options for the protection of your privacy, please refer to Facebook’s privacy policy:
https://www.facebook.com/about/privacy/

If you are a Facebook member and do not want Facebook to assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website.

You may deactivate the use of cookies by Facebook through its Cookies Policies.

USE AND STORAGE

Data gathered through our Website and other information provided in any other way to Sergetti may be used to improve our Website’s content, for marketing research purposes, for statistics purposes, to improve our services or to provide you with interest-based information.

We only use data for the purposes for which they were collected. Your consent is required to use your personal information for marketing purposes other than the ones mentioned above. You may opt out from such use of your data, ask that your data be deleted or be modified.

Sergetti stores the information for a reasonable period of time to achieve its objectives or in accordance with legal provisions. Following this period, the information shall be deleted or anonymized.

RIGHTS OF THE PERSON CONCERNED: GDPR (EU-General Data Protection Regulation)

You have the following rights:

Right of opposition to the processing of personal data
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, insofar as there are reasons for this arising from your particular situation. If the objection is directed against direct advertising, you have a general right of objection, without there having to be reasons from a particular situation.
Right to free information about the personal data stored on your person in accordance with Art. 15 GDPR
Right to correct inaccurate personal data
In accordance with Art. 16 GDPR, you have the right to immediately demand the correction of incorrect or complete personal data stored by us.
Right to cancellation (right to “oblivion”)
In accordance with Art. 17 GDPR, you have the right to request the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
Right to limitation of processing
According to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data if
– the correctness of the personal data is denied by you,
– the processing is unlawful, but you refuse to delete the personal data and instead request that the use of the personal data be restricted,
– we no longer need your personal data, but you do need it to assert, exercise or defend legal claims,
– you have lodged an objection against the processing pursuant to Art. 21 GDPR, as long as it is not yet clear whether our justified reasons outweigh yours.
Right to data transferability
In accordance with Art. 20 GDPR, you have the right to receive the personal data you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible.
Right to revoke consent given
You may revoke your consent once given to us at any time in accordance with Art. 7 Para. 3 GDPR. The legality of the data processing on the basis of the consent until the notification remains unaffected.
If you are of the opinion that the processing of your data violates data protection regulations, you can complain to a supervisory authority pursuant to Art. 77 GDPR

You can contact us by email at the following address service@sergetti.com for any question regarding this Policy or any request regarding your data. We will make every effort to process your request quickly.

Last update: July 23^rd, 2018

PURCHASING POLICY

STRING CATEGORY

The strings in Sergetti’s list are broken down into 5 categories, which are from 1 to 5, in accordance to Sergetti’s very specific parameters. Each string category is listed between brackets at the end of each string model figuring on Sergetti’s string models list. This then allows each client who has already purchased a Sergetti tension sheet to use this same sheet ONLY if the new string model (mains and cross) you wish to use are in the same categories as the strings (mains and crosses) of the purchased sheet. The string categories absolutely has to be in the same order, meaning the same category for the mains and the same category for the crosses. All other sheet information must also be the same regarding the make and model of the racket, the tension and the owner of the sheet.
The use of the same sheet with other strings of the same category as that sheet cannot guaranty that the tension of the new strings (mains and crosses) will be Sergetti’s ideal tension since every string is different and can provide a somewhat different sensation even when the mains and crosses categories are the same. If that is the case, the purchase of a new Sergetti tension sheet will be necessary in order to maximize your Sergetti experience with these new strings.
The information contained in the customized tension sheets are to be kept confidential and are strictly for personal use. The information and the content of the sheets may not be copied, distributed, amended or made accessible to third parties for commercial purposes.

PRICES AND SALES TAXES

Prices on the Website are in Canadian dollars (CAD), do not include taxes, and may change without prior notice. You will be provided with the official amount of your order, including taxes, with the confirmation of the order placed on the Website.

PAYMENT AND DELIVERY

We only accept payments through PayPal and the alternative methods offered on their platform.

Delivery is free. Please allow at least 24 hours before your request for a sheet in the PDF format is completed. For any other product, allow 5 to 10 business days to receive your order. If your product requires more time due to its availability, we shall inform you by email of any delay.

TRANSACTION CONFIRMATION

Within 15 days of completing a transaction on the Website, we shall send you an order confirmation email including the order’s total price as well as the detailed terms and conditions applicable to the transaction. Otherwise, please check your spam folder and make sure that your e-mail box is not full. We reserve the right to cancel your transaction without any obligation to provide a reason. If we cancel your transaction, we shall notify you by email at the provided address. We reserve the right to limit or prohibit orders which, at our sole discretion, seem to have been placed by dealers, resellers or retailers. In general, when we cancel a transaction, we do not charge you the amount to your credit card. If we did, we shall refund you the amount or a corresponding credit shall be applied on your credit card.

PRODUCT AVAILABILITY

Product prices and availabilities are subject to change without notice and stock availability. If a product ordered is out of stock after the conclusion of the transaction, we shall notify you by email, the out-of-stock product shall be removed from the order, and you shall be refunded for this product price. Sergetti disclaims all liability in case of stock shortage and for any damage that may result from or be caused by any delay in delivery.

REFUNDS AND EXCHANGES

No refund or exchange shall be made for the purchase of customized tension sheets.

For all other products, you have 21 days to request a refund. For a refund, the product must be in the same state than it was initially. It cannot have been worn or washed. Delivery fees for refunds are at your expense.

Online exchanges shall be subject to product availability. Delivery fees for refunds are at your expense.

ERRORS ON WEBSITE

Although we check regularly the product information on our Website, display errors (price, description, etc.) may occur from time to time. SERGETTI RESERVES THE RIGHT TO CORRECT THESE ERRORS WITHOUT ANY OBLIGATION TO DELIVER THE GOODS IN ACCORDANCE WITH THE TERMS DISPLAYED BY MISTAKE.

If such a situation occurs, we will correct the erroneous information as soon as possible and will communicate with you if you already ordered the item.

You can contact us by email at the following address service@sergetti.com.

Last update: October 25^th, 2022