Neurelec Conditions of Sale
1. Preamble
These General Terms and Conditions of Sale ("T&Cs") apply exclusively to any order for goods, (hereinafter referred to as "the Products") or provision of services of any kind (hereinafter referred to as "the Services") issued by any non-commercial natural person of legal age established with a NEURELEC device or equivalent, wishing to acquire the Products for his or her personal and non-professional needs (hereinafter referred to as "the Customer") via the website https://www.cochlear.com/ciom/order-accessories of NEURELEC SAS, located at 2720 Chemin Saint Bernard, 06220 Vallauris, France, registered in the Antibes Trade and Companies Register under number 487 829 574 (hereinafter "NEURELEC").
These T&Cs may not be set aside in any way whatsoever and constitute the basis of the commercial relationship.
Unless otherwise agreed, any order automatically entails the Client's acceptance of these T&Cs.
2. Ordering
To be valid, all orders must be placed electronically through the online order form on the https://www.cochlear.com/ciom/order-accessories website.
The order must mention the Products and/or Services ordered, the delivery address.
The customer must accept these T&Cs before validating their order.
As soon as the order is validated by the Customer, which takes place after he/she has confirmed his/her order on the https://www.cochlear.com/ciom/order-accessories website, NEURELEC will acknowledge receipt of the order during French business hours, from 9:00 AM to 5:00 PM CET, Monday to Friday and by electronic means.
The acknowledgement of receipt will include the following information:
- The name and telephone number of the contact person within NEURELEC ;
- The amount of the delivery costs to be borne by the Client;
- The terms of payment;
- The delivery methods and in particular the indication of the delivery date;
- The mention of the right of withdrawal;
- The essential characteristics of the Product and/or Service as well as their price(s), all taxes included;
- Information relating to after-sales service and commercial guarantees.
Any order for which the Customer has chosen to pay by credit card will only be considered final after the payment center concerned has given its approval. In the event of a refusal of the said centre, the order is automatically cancelled.
NEURELEC reserves the right not to accept an order due in particular to the abnormality of the order placed or the existence of a dispute relating to the payment by the Client of a previous order.
E-commerce sites clearly and legibly indicate, at the latest at the beginning of the order process, the means of payment accepted by the trader and any delivery restrictions.
The order registration systems implemented through the website www.cochlear.com/frsont considered to be proof of the content, date and nature of the order, as well as the date of the acknowledgement of receipt of this order.
The photographs in the catalogue are non-contractual. Although as faithful as possible, they cannot ensure perfect similarity with the Product offered, especially with regard to size or color.
3. Product Availability
Orders are valid while stocks last. NEURELEC reserves the right to refuse an order for Products that are no longer available.
In the event that the Product is unavailable after the order has been confirmed, NEURELEC will inform the Customer by e-mail, and may offer the Customer the choice between refunding the Product or exchanging it with a product of equivalent quality and price.
If the Customer requests a refund, the order will be automatically cancelled and any amount already paid will be refunded in full, at the latest within fourteen (14) days from the date on which NEURELEC is informed of the Customer's decision.
In such a case, NEURELEC will be entitled to defer reimbursement until the goods have been recovered or until the consumer has provided proof of shipment of these goods.
4. Price
The applicable prices are those in force on the day of the order as indicated on the https://www.cochlear.com/ciom/order-accessories website.
The prices indicated on the https://www.cochlear.com/ciom/order-accessories website are expressed in euros and are inclusive of all taxes, excluding the costs of processing the order and shipping costs, which are also payable by the Customer.
The total price, including VAT, indicated in the order confirmation issued by NEURELEC is the total price of the order, which includes VAT, handling, and transport costs. Please note that if you are ordering from outside the EU, additional import duties and taxes may apply, which are the responsibility of the recipient and are not included in the price.
5. Payment Terms
Once the Customer has submitted their order form, NUERELEC will send the Customer a payment link by email to process payment. Orders can be paid for by credit or debit card. If the Customer opts for payment by credit or debit card, he/she provides NEURELEC with his/her bank details in order to authorise the payment.
NEURELEC ensures a secure payment system via the Cyber Source payment platform and guarantees the confidentiality of the bank details communicated by the Customer.
The Customer's bank account will be debited for the full price during French business hours, from 9:00 AM to 5:00 PM CET, Monday to Friday.
NEURELEC reserves the right to block an order for non-payment by the Customer.
6. Terms of delivery
In the order confirmation, NEURELEC will indicate the delivery time of the Products and/or Services.
In the event of a delay in delivery, delivery will take place no later than thirty (30) days from the day following the date of the order, subject to full payment of the price.
In any event, in the event of a delay of more than fourteen (14) days from the date indicated by NEURELEC, the Customer may cancel the order by registered letter with acknowledgement of receipt.
Therefore, if the Customer receives the Product after cancelling the order, NEURELEC will refund the full price of the Product as soon as the Product has been returned to it.
7. Warranties
NEURELEC undertakes to provide Services and/or deliver Products in accordance with the order, the specified technical characteristics and the use for which they are intended, and in any event free from any defects or defects. Specific information relating to the after-sales service or the contractual warranty is, where applicable, presented on the Product sheet.
If at the time of delivery, the external appearance of the package containing the Product appears to be damaged, it is recommended that the Customer open it in the presence of the carrier in order to check the condition of the Product.
In the event of damage to the Product, the Client is required to detail it in the delivery note signed and given to the carrier.
In the event of non-conformity or latent defects discovered later, the Customer must inform NEURELEC detailing the reasons for the non-conformity or latent defects in the Product, and at the same time returning the disputed Product to NEURELEC.
The Customer benefits from the legal guarantees of conformity and hidden defects in accordance with the legal provisions in force.
When the Client acts as a consumer, the Client has in particular the rights described below in this box.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
- The professional refuses to repair or replace the property;
- The repair or replacement of the property takes place after a period of thirty days;
- The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods;
- The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
For the purposes of this section, the terms "professional" or "salesperson" refer to NEURELEC.
Nothing in these T&C’s shall effect or restrict the statutory rights of the Customer in their country of residence.
8. Repair, replacement or refund of the Products under the legal warranty of conformity
Within the framework of the legal guarantee of conformity, the Client shall have the right to refuse Products with non-conformities to the order, specifications or prior indications.
However, NEURELEC may not comply with the Client's choice if this choice entails a cost for NEURELEC that is manifestly disproportionate in view of the value of the good or the extent of the defect. If you have any questions or complaints regarding the Product, please contact Cochlear Vallauris by calling our customer service at +33(0)4.93.95.18.18 or writing to us at emea-info-ic@cochlear.com
If the goods can be returned by post, without causing the Client any major inconvenience or costs disproportionate to their value, the Client sends the goods to the seller by this means. In this case, NEURELEC will reimburse the shipping costs for the purpose of bringing the goods into compliance within fourteen (14) days at the latest from the day on which the Client is informed that the goods have been taken over under the legal warranty.
9. Right of withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal with NEURELEC without having to justify reasons or pay penalties. After this period, any claim based on the right of withdrawal will be deemed null and void.
To this end, the Client must return the Products accompanied by the duly completed return slip, as well as a copy of the invoice, the return being at the Client's expense and risk. The return of the Products will be made to the following address: NEURELEC SAS, Customer Service - 2720 Chemin Saint Bernard, 06220 Vallauris . COCHLEAR will reimburse the Client, using the same means of payment as that used by the Client (unless expressly agreed by the Client), all sums paid within fourteen (14) days of receipt of the withdrawal request, including the standard delivery costs advanced by the Client. We may defer reimbursement until we have received the goods or until you have provided proof that the goods have been dispatched, whichever is earlier.
If the Client exercises his right of withdrawal by means of the form provided for this purpose and available below. NEURELEC will immediately send the employee an acknowledgement of receipt of the withdrawal on a durable medium.
In the case of multiple orders, i.e. if in the course of a single order transaction, the Client validly purchases several products, the withdrawal period will run from the receipt of the last product.
However, NEURELEC will not reimburse Products that are returned incompletely, or that have been damaged, damaged, deteriorated or soiled by the Customer.
In any event, the Client who wishes to exercise his right of withdrawal must return or return the Product(s) to NEURELEC, or to a professional designated by the latter, without undue delay and, at the latest, within fourteen (14) days of the communication of his decision to withdraw.
Appendix 1 contains an example of a form that can be used to exercise the right of withdrawal.
10. Liability
NEURELEC undertakes to provide Services and/or deliver Products in accordance with the regulations in force in France.
NEURELEC shall not be liable for any breach of contractual obligations arising from these GTC if such breach is the result of an unforeseeable event or a case of force majeure.
NEURELEC shall be liable for any direct and foreseeable damage suffered by the Client as a result of the conclusion or performance of these T&Cs.
However, NEURELEC cannot be held liable for any damage related to the use of the Product that does not comply with its specifications.
NEURELEC cannot be held responsible for any risk related to the use of the Internet, such as suspension of the service, intrusion or the presence of computer viruses.
11. Intellectual and industrial property rights
All textual, visual or sound elements of the website https://www.cochlear.com/ciom and remain the exclusive property of NEURELEC and are protected by copyright, trademarks and patents.
The Client shall refrain from reproducing or representing, for any purpose whatsoever, all or part of the elements of the website https://www.cochlear.com/ciom express prior authorisation of NEURELEC.
Any hypertext link to the NEURELEC website and using the framing and in-line linking technique is strictly prohibited, except with the express prior authorisation of NEURELEC.
Any hypertext link to the NEURELEC website will only be authorised within the limits of the general terms and conditions of use of the website available at http://www.cochlear.com/fr/charte-de-confidentialit-en-ligne-cochlear-europe-moyen-orient-et-afrique.
NEURELEC reserves the right to remove any hypertext link that contravenes the above-mentioned general terms and conditions of use without delay and without prior notice. NEURELEC will remain the owner of all intellectual and industrial property rights relating to the Products and/or Services provided as well as all technical information that may be communicated to the Client during the execution of the order.
12. Protection of personal data
NEURELEC will only use Customers' personal information in accordance with the legislative provisions and its Privacy Policy available at the following link: https://www.cochlear.com/privacy.
13. General
Partial Invalidity - If one or more provisions hereof are found to be invalid, illegal or unenforceable in any respect, they shall be deemed unwritten, without affecting the validity of the remaining provisions hereof.
Applicable law - This order and its consequences are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Mediator - the Client is informed that he or she has the possibility of using an alternative dispute resolution method such as mediation, in particular with the Paris Mediation and Arbitration Centre in consommation@cmap.fr mailto:consommation@cmap.fr and/or www.mediateur-conso.cmap.fr. In addition, please note that disputes can be submitted for online resolution to the European Commission's online dispute resolution platform available here: http://ec.europa.eu/consumers/odr.
Minors: NEURELEC reminds that minors do not have the legal capacity to contract. Any person placing an order on the site is deemed to be of legal age.
Changes - We reserve the right to change these T&Cs from time to time by amending them on our Site. However, the changes will not apply to orders already placed on our Site. The latest updated version of our T&Cs dates from 1 April 2025.
Appendix 1. Model withdrawal form and information on exercising the right of withdrawal
MODEL WITHDRAWAL FORM (Article annexed to article R. 221-1 of the Consumer Code)
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts here, his name, geographical address and his e-mail address]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Consumer(s) address:
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete the unnecessary mention.