Cochlear™ Store Conditions of Sale

Welcome to the Cochlear Store

Cochlear Limited and its subsidiaries and affiliates (collectively, the "Cochlear Group") welcome you to the Cochlear Store.

The member of the Cochlear Group that operates the local Cochlear Store you access is the entity identified in the “Contact Us” or (where applicable) the “Legal Information” section of our respective local Website(s) and is the contracting entity for that local Cochlear Store under these Conditions of Sale (“Cochlear”, "we," "us," and "our").

The Cochlear Store is an online store where you can browse Goods and Services which are advertised by Cochlear. We do not guarantee the availability of products advertised on the Cochlear Store. Not all products are available in all countries, and you will only be able to select and order Goods and Services (if any) sold by Cochlear in your country. Please contact your local Cochlear representative for product information.

Our Goods and Services come with any guarantees that cannot be excluded under applicable Consumer Laws. The warranties and product support that we offer and provide are in addition to the consumer warranties and guarantees under applicable Consumer Laws. Nothing in these Conditions of Sale is intended to exclude or limit the rights you have under Consumer Laws, except to the extent allowed under such laws.

Your Consent

Please read these Cochlear Store Conditions of Sale (Conditions of Sale) carefully before accessing or purchasing Goods or Services from the Cochlear Store. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Cochlear Store. 

Your access to and use of the Cochlear Store, including any order you place for Goods or Services through the Cochlear Store (Order), 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 or Services 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; and
• when using the Cochlear Store to place an Order for Goods or Services 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 and confirmed in an Dispatch Confirmation, 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.

Definitions

In these Conditions of Sale:

• Business Day means any day which is not a Saturday, Sunday or declared public holiday in your country.
• Consumer Laws means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), the Consumer Rights Act 2015 (UK), the Directive on Consumer Rights (Directive 2011/83/EU) and any analogous mandatory consumer laws applicable in any jurisdiction from time to time.
• Customer or you means the person who has agreed to these Conditions of Sale and registered an account to place an Order for Goods or Services.
• Customer Service means our customer service call center for your country which can be contacted here.
• Delivery Address means the address specified by you at the time of placing your Order for the delivery of Goods or Services that we will supply to you under these Conditions of Sale.
• Dispatch Confirmation means the notification to the Customer either orally or in writing that Cochlear has accepted and dispatched the Order on these Terms and Conditions.
• Goods means the goods described in the Order Confirmation issued by Cochlear to the Customer.
• GST has the meaning it has in the Australian A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• GST-affected Supplies means any Goods or Services supplied pursuant to these Terms of Sale for which we are or become liable to pay GST.
• Login means the "login" that you provided to us as part of the registration process to use the Cochlear Store.
• Order means any request made electronically by a registered user of the Cochlear Store by which the Customer requests Goods or Services to be supplied by Cochlear.
• Order Confirmation means the notification to the Customer either orally or in writing by Cochlear that it has received the Order.
• Package Labelling means the labelling affixed to the packaging of Goods.
• Services means the services described in the Order Confirmation issued by Cochlear to the Customer.
• Tax means any duty, import, sales tax (such as GST or VAT) or other levy, impost, charge, rate or tariff which is levied, imposed, demanded or collected under any legislation or by any government or tax authority.  

Registration

You must complete the registration process to use the Cochlear Store before placing an Order for Goods or Services 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 unless you are both a recipient and a carer of another recipient of our products, and your account(s) is/are non-transferable. If you are shopping through 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.

Information

In order to offer you Goods and Services 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 and Services

Prior to placing an Order for Goods or Services 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 or Services that you wish to order are compatible with your particular Cochlear implant system.

Prior to placing an Order for Good that is a sound processor, you represent and warrant that you:

• have consulted a hearing health professional to confirm that the sound processor is right for you; and
• you will seek assistance from a qualified hearing professional to ensure the sound processor is fitted and adjusted to your requirements.

Cochlear will attempt to ensure that any Goods or Services which you have ordered through the Cochlear Store are compatible with your particular Cochlear implant system prior to issuing a Dispatch Confirmation to you. If, in Cochlear's absolute discretion, Cochlear determines that a Good or Service 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 or Service that is compatible with your particular Cochlear implant system; or
• may cancel your Order by notice in writing.

After the Goods or Services which you have ordered have been delivered to you, Cochlear recommends you to read the product documentation and/or consult a hearing health professional to ensure that, where necessary, a qualified professional installs the Goods or Services.

Placing an Order for Goods or Services

You may order Goods or Services 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 "Place order” button on the checkout page. You acknowledge that by taking these actions, you enter into an obligation to pay for the Goods or Services in accordance with these Conditions of Sale in the event that your Order is accepted by us.

Cochlear will only sell you Goods or Services that it is allowed to under the laws of your country of residence and Cochlear makes no representation, warranty or guarantee in respect of any use of such Goods or Services in any jurisdiction other than your country of residence.

Any Order placed through the Cochlear Store for a Good or Service is an offer by you to purchase the particular Good or Service for the price notified (excluding the delivery and other charges and Taxes) at the time you place the Order.

At the time you place the Order, Cochlear will notify you in an Order Confirmation that it has received your Order. The Order Confirmation does not confirm our acceptance of your offer to buy the Goods or Services ordered. We only accept your offer, and conclude the contract of sale for the Goods or Services ordered by you, when we send the ordered Goods or Services to you and provide you with a Dispatch 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 or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods or Services which may have been part of your order until the dispatch of such Goods or Services have been confirmed in a separate Dispatch 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.

Acceptance or Rejection of an Order

We reserve the right to accept or reject any Order for any reason, 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 endeavor to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

Delivery of Goods or Services

We will only deliver Goods or Services ordered through the Cochlear Store to a Delivery Address that is within your country of residence and that is not a PO box or similar address. If your delivery address is geographically remote, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your Order. Products comprised within the same Order cannot be delivered to different addresses.

We are not 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 the Dispatch Confirmation, unless there are exceptional circumstances. We will promptly notify you of any delay or failure to produce or deliver the Goods or Services. You will not be relieved of any obligation to accept or pay for the Goods or Services the subject of an Order by reason of delay in delivery or dispatch.

In the event of a delay in production or delivery of Goods, or for any other reason, we may in our absolute discretion:

• extend the approximate delivery or collection date for such period as is reasonably necessary, in which case you are bound to accept and pay for the Goods and Services notwithstanding any such delay; or
• cancel any agreement on these Conditions of Sale for delivery of the Goods or Services in question and refund to you any money you have paid in respect of that Order.

Risk and Title

Risk in the Goods and Services passes to you on the date and time of delivery to the Delivery Address. Title to any Goods and Services passes to the Customer on the later of the date and time of:

• payment for those Goods or Services; and
• delivery of those Goods or Services to the Delivery Address.

Cancellations Policy

Please choose your Goods carefully, as we may not be obliged to cancel an Order after it is placed unless we agree to such cancellation in writing. If we agree to accept your cancellation, cancellation charges may apply.

We may cancel any part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

• the requested Goods or Services 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 or Service in that Order;
• we are not allowed to supply the Goods or Services 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 endeavor 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.

Notwithstanding the foregoing, if you are a consumer and reside in the European Union, the following right of withdrawal terms apply:

• Except in relation to certain Goods set out below, you may 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 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 have a legal obligation to 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 the supply of any of the following Goods:
• audio and/or visual recordings or computer software or hygiene-sealed items, in each case, where the sealed packaging has been opened; or
• Goods that have been personalised or made to your own bespoke specifications (if we offer such options);

unless such Goods were damaged or faulty when delivered to you or have been incorrectly delivered.

Our Cancellations Policy does not limit other rights and remedies you may have under the Consumer Laws.

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 Confirmation (“Purchase Price”);
• any applicable Tax in relation to the Goods or Services;
• the handling and delivery fee of each Good or Service that you have ordered through the Cochlear Store and which is provided to you in the Order Confirmation (“Delivery Fee”); and
• any other fees and charges set out in these Conditions of Sale.

At the time you place your Order, we will quote the total price of the Goods or Services inclusive of applicable Taxes, handling and delivery fees and 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.

Notwithstanding any other provision in these Conditions of Sale, if we are or become liable to pay GST in connection with any GST-affected Supplies, we may add to the price of all GST-affected Supplies the amount of GST for which we are or become liable in respect of those GST-affected Supplies as calculated by us in accordance with the GST Law.

If, for any reason, our GST liability in respect of Goods or Services supplied in accordance with these Conditions of Sale is varied from the additional amount paid by you pursuant to these Conditions of Sale, we will repay to you any excess paid by you above our GST liability or you will pay the deficiency in the amount previously paid by you to us in respect of our GST liability for those Goods or Services as appropriate.

We will use reasonable endeavors to determine whether as a result of the abolition or reduction in the rate of any Tax (other than income tax), we realise a reduction in the cost of supplying you Goods and Services under these Conditions of Sale. If we determine that we do realize such a reduction we may reduce the amounts payable by you for Goods or Services in order to pass on the benefits of those cost reductions to you.

You will pay to Cochlear any costs that we reasonably incur in recovering any amounts which are owed to us by you under these Conditions of Sale.

Unless we otherwise agree in writing, the purchase price of each Good or Service is shown on the Cochlear Store at the time you place your Order and will be confirmed by Cochlear in an Order Confirmation. Subject to these Conditions of Sale, once we have acknowledged your Order by providing you with an Order Confirmation, we will not change any prices that apply to the Goods or Services in that Order except as otherwise set out in these Conditions of Sale.

Payment Methods

You may pay the purchase price and delivery fee online on the Cochlear Store, using any payment method specified on the Cochlear Store.  We will not charge or invoice you until we dispatch your Order.

If we are unable to successfully process payment for your Order that is acknowledged by us in an Order Confirmation, then we may:

• notify you of that cancellation and provide you with the opportunity to use another method of payment; or
• cancel 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. If you are a minor and you are accessing the Cochlear Store with your parent or guardian's consent, then prior to paying for any Goods and Services, the price of which are notified in an Order Confirmation, you must gain a separate and independent consent from your parent or guardian to use their credit card and you can only use their credit card whilst they are in your immediate presence.

Cochlear will provide you with an email receipt following placement of the Order which specifies the total fees and charges for the Goods or Services in that Order.

Our Refund and Returns Policy

Please choose your Goods carefully, as we may not be obliged to provide refunds for Goods where you have simply changed your mind or where you have simply selected the wrong Goods.

If the Goods delivered to you are found to be faulty on delivery or were not the Goods that you ordered or as described, in addition to your rights under Consumer Laws and any more specific policies we may choose to implement for your particular country or region, you can return the Goods up to 90 days from the date your Good(s) were received, by contacting Cochlear Customer Service and following the processes notified to you.

If you are a consumer and reside in the European Union, you have additional warranty rights for a period of two years from the delivery of the Goods and may request the repair or replacement of Goods that are defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or a reduction in the purchase price. In the case of used goods, the warranty period can be shorter than two years.

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 taking out 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/dispatch and tracking information until your refund has been processed. 

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.

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 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.

Our Refund and Returns Policy includes, and does not seek to exclude or limit, the rights you may have under applicable Consumer Laws.

Faulty Goods

If the Goods are damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe Goods were delivered damaged or faulty, you must inform us within 90 days (by contacting Customer Service), giving us your name, address, order reference and as much detail as possible about the problem with the Goods. Nothing in this section affects your legal rights.

Online Representation

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 color, 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. 

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 dispatch 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 dispatching the Good, or reject your order and notify you of such rejection.

As we process your Order, we will inform you as soon as possible if any products you order are unavailable and you will either not be charged for those products or refunded the payment price.

Your General Obligations

You:

• If you believe that the Goods are not fit for their stated purpose or do not accord with those described to you by us, you must comply with our Refund and Returns Policy (detailed above). If you do not comply with the Refund and Returns Policy, you will be deemed to have accepted the Goods;
• 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 unauthorized 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 or Services that have been ordered using your Login and password through the Cochlear Store and confirmed by us in a Dispatch Confirmation;
• assume all risk, responsibility and consequence for any improper use or theft of your Login and/or password details by unauthorized third parties, except where such unauthorized third parties have become aware of such data due to the fault of Cochlear; and
• notify us immediately if you become aware of any matter that may give rise to a prosecution or legal proceedings by third parties in relation to the Goods or Services supplied by us to you and you must co-operate with us in the defence of such prosecution or legal proceedings.

Suspension of Account

We may:

• lock, suspend or delete your account or access to the Cochlear Store at any time without prior notice to you, for example:
• (a)  if you fail to comply with any other of these Conditions of Sale; or
• (b)  if you do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardizing the provision of the Services or the operation or fitness for purpose of the Goods; or
• (c)   we are required to do so to comply with legal requirements;
• (d)  to protect the security, integrity or operation of the Cochlear Store;
• (e)  we believe, in our sole discretion that there has been conduct that creates (or could create) liability or harm to any user, other third party, or the Cochlear Group.
• cease providing the Cochlear Store or any other Goods or Service that may be available through the Cochlear Store at any time, for any reason, including where we believe, in our sole discretion, that that the provision of the Cochlear Store of the Goods or Service is no longer commercially viable.

If there is a dispute between us in relation to these Conditions of Sale, we may stop supply of the Goods or Services until the dispute has been resolved.

Warranties

You warrant that:

• all information and data provided by you to us through the Cochlear Store (including as part of the registration process) or otherwise is true, accurate, complete and up to date;
• the person receiving the Goods or Services at the Delivery Address is authorized by you to do so; and
• you have and will comply with all relevant laws relating to your use of the Cochlear Store and your placement of any Order to us.

Cochlear warrants that:

• any Goods we supply will be of merchantable quality and reasonably fit for the purpose for which they are supplied;
• we will perform the Services with due care and skill, and any materials which we supply in connection with the Services will be reasonably fit for the purpose for which they are supplied; and
• any Goods we supply will be supplied in accordance with the description and warranties set out on the package labelling.

Limitation of Liability

Subject to the Consumer Laws, all other terms, warranties and conditions whether statutory or otherwise, express or implied or oral or written, in regard to the Goods or Services and their state, quality, fitness or otherwise for purpose, merchantability and correspondence with sample are expressly excluded except terms, conditions and warranties implied by law and which cannot be excluded or modified.

Subject to these Conditions of Sale, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Cochlear Store. You acknowledge that the Cochlear Store is provided “as is” and that we do not make any warranty or representation as to the suitability of the Cochlear Store for any purpose.

Subject to the Consumer Laws, we will not be liable to you or any other persons under any circumstances for any indirect, unforeseeable, incidental or consequential loss or damage (except loss or damage caused by the gross negligence or wilful misconduct or default of Cochlear, its employers or agents) whatsoever arising from a breach of any of these Conditions of Sale or any other implied warranty, term or condition in relation to the Goods or Services.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions of Sale that is caused by events outside our reasonable control.

Subject to the Consumer Laws, our obligations to you in respect of a breach of any term, warranty or condition of these Conditions of Sale (whether implied by statute or otherwise) shall, at our option be limited to:

• in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement of the Goods; and
• in the case of Services, the resupply of Services or paying for the cost of resupplying the Services.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these Conditions of Sale is intended to limit or exclude any liability for fraud or fraudulent misrepresentation, gross negligence, death or personal injury to the extent caused by our negligence, or for any other liability that cannot be excluded by law.

Dispute Resolution

In the event that a conflict between you and Cochlear should arise out of or in connection with this Website or these Terms of Use, you agree to negotiate in good faith and undertake reasonable efforts, in cooperation with Cochlear, to achieve the most beneficial outcome for both parties.

As an alternative to resolution of disputes through the courts, consumers who reside in the European Union may refer his/her complaint to the European Online Dispute Resolution Platform (European ODR Platform). Consumers may obtain further information by visiting the EU’s Online Dispute Resolution site at https://ec.europa.eu/consumers/odr. However, Cochlear does not participate in the aforementioned dispute resolution mechanism or any other alternative.

Governing Law, Jurisdiction and Venue

If you access the Cochlear Store from:

• North America, these Conditions of Sale are governed by the laws of the State of Colorado, USA;
• Latin America, the Website is governed by the laws of the Republic of Panama;
• Europe, the Middle East or Africa, these Conditions of Sale are governed by the laws of England; or
• Asia, Australia or elsewhere in the South Pacific, these Conditions of Sale are governed by the laws of the State of New South Wales, Australia,

without regard to its conflicts of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Conditions of Sale.

You agree to submit to the non-exclusive jurisdiction of the courts and courts of appeal from them in the jurisdiction of the governing law applicable to you above and you agree that you will not object to the exercise of such jurisdiction by those courts on any basis.

Notwithstanding the above, if you are a consumer, your right to enforce the Consumer Laws (if any) applicable at your place of residence remain unaffected by the foregoing choice of law and venue.

Questions about these Conditions of Sale

If you have any questions regarding these Conditions of Sale, please contact us by email at enquiries_intl@cochlear.com, or by contacting the relevant Cochlear Group entity providing the local Cochlear Store you access as listed under the “Contact Us” or (where applicable) the “Legal Information” section of the respective local website.

 

These Conditions of Sale were last updated on 15 June 2021.