Cochlear™ Store Conditions of Sale (Republic of Ireland)
Welcome to the Cochlear Store
Cochlear Limited and its subsidiaries and affiliates (collectively, the "Cochlear Group") welcome you to the Cochlear online store (Cochlear Store).
Cochlear Deutschland GmbH & Co KG (“Cochlear”, "we," "us," and "our") operates the local Cochlear Store site you access. Our registered company number is HRA 201323, and our registered office is at Cochlear Deutschland GmbH & Co. KG., Karl-Wiechert-Allee 76A, 30625 Hannover, Deutschland.
The Cochlear Store is an online store where you can browse goods which are advertised on the Cochlear Store by Cochlear. We do not guarantee the immediate availability of products advertised on the Cochlear Store - please see the Availability of Goods and Incorrect Pricing section below for more details.
We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law. The warranties and product support that we offer and provide are in addition to the consumer warranties and guarantees under applicable consumer laws. For detailed information on your legal rights under consumer law, please visit the Citizens Advice website www.citizensinformation.ie in Ireland.
Please read these Cochlear Store Conditions of Sale (Conditions of Sale) carefully before accessing or purchasing goods from the Cochlear Store. If you are under 18 years of age, then you must not use the Cochlear Store.
Your access to and use of the Cochlear Store, including any order you place for goods through the Cochlear Store, is subject to the Cochlear Website Terms and Conditions and these Conditions of Sale. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR PURCHASE FROM THE COCHLEAR STORE.
Compliance with these Conditions of Sale
Cochlear will supply to you the goods on these Conditions of Sale. You agree to be bound by, and comply with, these Conditions of Sale:
- by completing the registration process to use the Cochlear Store; or
- when using the Cochlear Store to place an order for goods from Cochlear.
Changes to these Conditions of Sale
We may change these Conditions of Sale from time to time. If you have an order that has been accepted by us, the Conditions of Sale that will apply to the order are the Conditions of Sale that applied at the time you placed your order. You may access the current version of these Conditions of Sale at any time by clicking on the link marked "Conditions of Sale", available on the Cochlear Store.
You must complete the registration process to use the Cochlear Store before placing an order for goods through the Cochlear Store. Any personal information that you give us will be held and used by us in accordance with our Privacy Notice.
You may not have more than one active account, and your account is non-transferable. If you have a carer account linked to the account of another person that is a recipient of our products, you may shop on the Cochlear Store on behalf of that person only. You may update, edit or terminate your account at any time through the Cochlear Store or by contacting Customer Service.
If you choose to use a workplace email address for your account or to access the Cochlear Store, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
In order to offer you goods that are compatible with your particular Cochlear implant system, you must ensure that any information provided to us from time to time is current and accurate.
Compatibility of Goods
Prior to placing an order from the Cochlear Store, Cochlear recommends you refer to existing product documentation (as applicable) and/or consult with a hearing health professional to determine whether any goods that you wish to order are compatible with your particular Cochlear implant system.
Cochlear will attempt to ensure that any goods which you have ordered through the Cochlear Store are compatible with your particular Cochlear implant system prior to shipping. If, in Cochlear's absolute discretion, Cochlear determines that a good is not compatible with your particular Cochlear implant system then Cochlear will contact you during business hours and Cochlear:
- may offer you an alternative good that is compatible with your particular Cochlear implant system; or
- may cancel your order by notice in writing.
After the goods which you have ordered have been delivered to you, Cochlear recommends you read the product documentation and/or consult a hearing health professional to ensure that, where necessary, a qualified professional installs the goods.
Placing an Order for Goods
You may order goods by selecting the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us, by checking the checkbox acknowledging that you agree to these Conditions of Sale and clicking the "Buy now” button on the checkout page. You acknowledge that by taking these actions, you enter into an obligation to pay for the goods in accordance with these Conditions of Sale in the event that your order is accepted by us.
Cochlear will only sell you goods that it is allowed to under the laws of your country of residence and Cochlear cannot be held responsible for any use of such goods in any country other than your country of residence.
Any order placed through the Cochlear Store for a good is an offer by you to purchase the particular good for the price notified at the time you place the order.
At the time you place the order, Cochlear will notify you in an order acknowledgement that it has received your order. The order acknowledgement does not confirm our acceptance of your offer to buy the goods ordered. We only accept your offer, and enter into a sale contract for the goods ordered by you, on the earlier of when we send the ordered goods to you or provide you with a shipping confirmation. After entering into the contract, we will be under a legal duty to supply you with goods that are in conformity with the contract. The contract will relate only to those goods whose despatch we have confirmed in the shipping confirmation. We will not be obliged to supply any other goods which may have been part of your order until the despatch of such goods have been confirmed in a separate shipping confirmation.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Cochlear Store.
You agree to provide Cochlear with current, complete and accurate details when asked to do so by us through the Cochlear Store.
You may also place an order by telephone, which will be subject to these Conditions of Sale and follow the same order process.
Acceptance or Rejection of an Order
We reserve the right to accept or reject any order, including if the requested item is not available, if there is an error in the price or the product description posted on the Cochlear Store or in your order.
If we reject an order placed through the Cochlear Store, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order and we will refund any money you have paid in respect of that order.
Delivery of Goods
We will only deliver goods ordered through the Cochlear Store to a delivery address in the UK or Ireland and that is not a PO box or similar address. All orders are shipped using UPS Standard service and require a signature upon delivery. Products comprised within the same order cannot be delivered to different addresses.
Please check your delivery details carefully before placing your order. We may not be responsible in the event of a lost or missing shipment due to inaccurate information you provide to us in your order, including but not limited to customer account information or shipping information.
All delivery dates we quote or provide are estimates only. However, your order will be fulfilled within 30 days after the date of shipping , unless there are exceptional circumstances.
If our supply of your goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact Customer Service to end the contract and receive a refund for any products you have paid for, but not received.
Please choose your goods carefully because, as set out below in further detail, we may not be obliged to cancel an order after it is placed.
If we need to cancel your order:
We may cancel any part of an order after it is accepted if:
- the requested goods in that order are not available;
- there is an error in the price or the product description posted on the Cochlear Store in relation to the relevant good in that order;
- we are not allowed to supply the goods to you under applicable law; or
- that order has been placed in breach of these Conditions of Sale.
If Cochlear does cancel any part of an order, then we will endeavour to provide you with reasonable notice of that cancellation, and we will refund to you any money you have paid in respect of that order.
If you want to cancel your order:
- Except in relation to certain goods set out below, you may change your mind and cancel an order by contacting Customer Service at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you have received the last goods you ordered. In this case, you will receive a full refund of the price paid for the goods, including standard delivery costs. You may choose to use the Model Cancellation Form.
- You must return the goods to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the goods and make sure they conform to your order). You must take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the goods, from the refund to which you are otherwise entitled.
- You will not have any right to cancel an order for hygiene-sealed items where the sealed packaging has been opened, unless such goods were damaged or faulty when delivered to you or have been incorrectly delivered (please see the Damaged, Faulty or Misdescribed Goods section below for more information).
You are responsible for the costs and risks of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Cochlear recommends using a traceable postage method and ensuring you have enough postal/carriage insurance to cover the value of the contents. Please ensure you package your return to prevent any damage to the goods or their packaging and save your proof of posting/despatch and tracking information until your refund has been processed.
We will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the goods back or, if earlier, the day on which we receive evidence that you have sent back the goods to us. We will refund the price of the goods in full (subject to any deduction we are entitled to make due to your use of or damage to the goods), including the cost of standard delivery. However, we will not refund your cost of returning the goods to us. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
If you have elected to exchange the goods rather than a refund, the exchange will only be made for like goods only and subject to goods' availability. The replacement goods will only be shipped after the returned item has been received in our warehouse.
In-clinic purchases cannot be returned for a refund or exchange to us. You will need to contact your clinic directly. We are not responsible for any goods that are returned to us in error.
Our Cancellations Policy does not limit other rights and remedies you have under the consumer laws - more details are set out under the Damaged, Faulty or Misdescribed Goods section below.
Fees, Charges and Taxes
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each item that you have ordered through the Cochlear Store and which is provided to you in the order acknowledgement;
- any applicable tax in relation to the goods, which is included in the purchase price; and
- the shipping cost of each good that you have ordered through the Cochlear Store and which is provided to you in the order acknowledgement.
At the time you place your order, we will quote the total price of the goods inclusive of applicable taxes, shipping costs and any other fees and charges, where these can reasonably be calculated in advance. Where such taxes or charges cannot reasonably be calculated in advance, we will notify you of the fact additional charges may be payable.
If you live in the Republic of Ireland, all purchases will be subject to VAT except for rechargeable batteries and battery packs which are zero-rated..
You may pay the purchase price and shipping cost online on the Cochlear Store, using any payment method specified on the Cochlear Store. We will not charge you until we despatch your order.
If we are unable to successfully process payment for an order which has been acknowledged by us in an order acknowledgement, then we may:
- notify you of that payment processing issue and provide you with the opportunity to use another method of payment; or
- reject your order by notice in writing.
You must not pay, or attempt to pay, for products through any fraudulent or unlawful means. This includes, but is not limited to, using a credit card that is not in your name or you do not have permission to use.
Cochlear will provide you with an email acknowledgement following placement of the order which specifies the total fees and charges for the goods in that order.
Damaged, Faulty or Misdescribed Goods
If the goods are damaged, faulty or misdescribed, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.
If goods are damaged, faulty or misdescribed, please contact Customer Service, giving us your name, address, order reference and as much detail as possible about the problem with the goods.
Whilst we have taken reasonable steps to depict goods as accurately as possible through the photographs and other images featured on the Cochlear Store, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of the goods when you receive them.
Any information on the Cochlear Store regarding sizing of goods is included as a guide only. If you are in any doubt as to the size of any goods you require, we recommend that you contact Customer Service prior to placing an order.
Availability of Goods and Pricing Errors
The Cochlear Store contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on the Cochlear Store may be incorrectly priced or may become unavailable.
We will normally verify prices as part of our despatch procedures so that, where a good’s correct price is less than our stated price, we will charge you the lower amount. If a good’s correct price is higher than the price stated on the Cochlear Store, we will normally, at our discretion, either contact you for instructions before despatching the good, or reject your order and notify you of such rejection.
Your General Obligations
- must ensure that your login and password that are used to access the Cochlear Store and the details of your account are kept confidential and in a safe and secure manner;
- must promptly notify us through our Customer Service if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
- must promptly advise us of any changes to the information you provided to us;
- are responsible for any costs associated with your access to or use of the Cochlear Store, including Internet access fees;
- acknowledge that, unless you expressly notify us otherwise, we will assume any order placed through your login and password details have been placed or authorized by you, and you therefore agree that, unless you expressly notify us otherwise, we may charge you for all goods that have been ordered using your login and password through the Cochlear Store; and
- assume all risk, responsibility and consequence for any improper use or theft of your login and/or password details by unauthorised third parties, except where such unauthorised third parties have become aware of such data due to the fault of Cochlear.
Limitation of Liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the goods.
We are not liable for business losses. We only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please note that we only provide our site to you for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Although we make reasonable efforts to update the information used on our website, we make no representations, warranties or guarantees, whether express or implied, that the information is accurate, complete or up to date.
Our Customer Service Team will do their best to resolve any problems you have with us or our goods and we encourage you to contact us in the first instance if you have an issue.
As an alternative to resolution of disputes through the courts, if you live in Ireland you may refer your complaint to the European Online Dispute Resolution (ODR) Platform.
You may also go to court. If you live in the EU, when acting in your capacity as consumer, you may bring proceedings in the courts for the place where you (as the consumer) are domiciled, or where the other party to the consumer contract is domiciled.
Questions about these Conditions of Sale
If you have any questions regarding these Conditions of Sale, please contact us by email at firstname.lastname@example.org, by telephone on +441932 263620 between the hours of 9am to 5pm, Monday to Friday, or write to us at: Customer Service UK, Cochlear Deutschland GmbH & Co KG, C/o Cochlear Europe Limited, 6 Dashwood Lang Road, Bourne Business Park, Addlestone, Surrey, KT15 2HJ.
These Conditions of Sale were last updated on 13 September 2022.