Terms and Conditions of Sale

Cochlear™ Online Store Terms and Conditions of Sale (Australia)

These Terms of Sale

Cochlear Limited (Cochlear) and its subsidiaries and affiliates (collectively, "we," "us," "our" and the "Cochlear family of businesses") welcome you to the Cochlear Online Store (Online Store). The Online Store is an online store where you can browse, select and order Goods and Services which are advertised on the Online Store from Cochlear.

Your Consent

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

Your access to and use of the Online Store, including any order you place for Goods or Services through the Online Store (Order), is subject to these Terms of Sale. IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, YOU SHOULD NOT ACCESS OR PURCHASE FROM THE ONLINE STORE.

Compliance with these Terms of Sale

Cochlear will supply to you, the Goods or Services on these Terms of Sale. You agree to be bound by, and comply with, these Terms of Sale:

    • by completing the registration process to use the Online Store; and
    • using the Online Store to place an Order for Goods or Services from Cochlear.

Changes to these Terms of Sale

We may change these Terms of Sale at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Online Store after these Terms of Sale have been modified, you agree to be bound by the changes to these Terms of Sale. If you have an Order that has been accepted by us and confirmed in an Order Confirmation, the Terms of Sale that will apply to the Order, are the Terms of Sale that applied at the time you placed your Order. You may access the current version of these Terms of Sale at any time by clicking on the link marked "Terms of Sale", available on the Online Store.

Definitions

In these Terms of Sale:

    • Business Day means any day which is not a Saturday, Sunday or declared public holiday in New South Wales, AUSTRALIA
    • Corporations Act means the Corporations Act 2001 (Cth).
    • Contact Hours means Customer Service operating hours, Monday to Friday, 7:30am to 6:00pm.
    • Customer or you means the person who has agreed to these Terms of Sale and registered an account to place an Order for Goods or Services.
    • Customer Service means our customer service call centre which can be contacted toll free in Australia on 1800 629 929 during Contact Hours.
    • 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 Terms of Sale.
    • Goods means component parts of Cochlear implant systems described on the Online Store and in the Order Confirmation issued by Cochlear to the Customer before the Customer pays for the Order.
    • GST has the meaning it has in the 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 Online Store.
    • Order means any request made electronically by a registered user of the Online 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 that Cochlear accepts the Order on these Terms of Sale.
    • Package Labelling means the labelling affixed to the packaging of Goods.
    • Receipt of Order means the notification to the Customer orally or in writing by Cochlear that it has received the Order.
    • Services means the services described in the Order Confirmation issued by Cochlear to the Customer before the Customer pays for the Order.

Registration

You must complete the registration process to use the Online Store before placing an Order for Goods or Services through the Online Store. Any personal information that you give us will be held and used by us in accordance with our Asia Pacific Privacy Policy.

You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Online Store or by contacting Customer Service.

If you choose to use a workplace email address for your account or to access the Online 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 only 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 Online Store, Cochlear recommends you refer to existing product documentation (as applicable) and/or consult with your Hearing Health Professional to determine whether any Goods or Services that you wish to order are compatible with your particular Cochlear implant system.

Cochlear will attempt to ensure that any Goods or Services which you have ordered through the Online Store are compatible with your particular Cochlear implant system prior to issuing an Order 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 product documentation and/or consult your 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 and submitting your Order through the Online Store. By placing an Order through the Online Store you request us to supply Goods or Services in accordance with these Terms of Sale.

Cochlear will only sell you Goods or Services that it is allowed to under Australian law and Cochlear makes no representation, warranty or guarantee in respect of any use of such Goods or Services in any jurisdiction other than Australia.

Any Order placed through the Online 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 a Receipt of Order to confirm that it has received your Order. 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 Online Store.

You agree to provide Cochlear with current, complete and accurate details when asked to do so by us through the Online 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 Online Store or in your Order.

Each Order placed for Goods or Services through the Online Store that we accept results in a separate binding agreement between you and us for the supply of those Goods or Services. For each Order accepted by us, we will notify you in an Order Confirmation and we will supply the Goods or Services in that Order Confirmation to you in accordance with these Terms of Sale.

If we reject an Order placed through the Online 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.

Delivery of Goods or Services

We will only deliver Goods or Services ordered through the Online Store to a Delivery Address that is within Australia.

All delivery dates we quote or provide as part of a Receipt of Order or an Order Confirmation are estimates only. To the extent permitted by law, we will not be liable to you for any loss or damage whatsoever (including any consequential loss) for breach of contract or otherwise caused directly or indirectly by any delay or failure to deliver any Goods or Services for any reason whatsoever. 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 Terms of Sale for delivery of the Goods or Services in question.

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 cannot 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 Online Store in relation to the relevant Good or Service in that Order; or
    • that Order has been placed in breach of these Terms 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.

Fees and Charges

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

All fees and charges identified in these Terms of Sale and all prices for the Goods or Services are exclusive of any duty or sales tax where applicable.

If we request you to do so, you must pay any such duty, import, sales tax or other expenditure which is levied upon us in relation to the Goods or Services, including any that are introduced as a result of the introduction of any legislation, regulation or government policy after you have made your Order.

Notwithstanding any other provision in these Terms 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;
    • after placing an Order we will email you an order confirmation. We will issue you a tax invoice once the item has been delivered and a copy will be made available online for reference or download.

If, for any reason, our GST liability in respect of Goods or Services supplied in accordance with these Terms of Sale is varied from the additional amount paid by you pursuant to these Terms 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 endeavours to determine whether as a result of the abolition or reduction in the rate of any tax, duty, excise or other Government impost associated with the introduction of GST (other than income tax), we realise a reduction in the cost of supplying you Goods and Services under these Terms of Sale. If we determine that we do realise such a reduction we will 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 Terms of Sale.

Unless we otherwise agree in writing, the purchase price of each Good or Service is shown on the Online Store at the time you place your Order and will be confirmed by Cochlear in an Order Confirmation. Subject to these Terms of Sale, once we have accepted 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.

Payment Methods

You may pay the purchase price and delivery fee online on the Online Store after receiving any Order Confirmation, using any payment method specified in that Order Confirmation or on the Online Store.

If we are unable to successfully process payment for your Order that is accepted 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 under the age of 18 and you are accessing the Online 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 at the time of booking the order and at our discretion delivery of the Goods or Services 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 cannot provide refunds for Goods where you have simply changed your mind. This includes returns where you have simply selected the wrong Goods.

If the Goods you purchased did not meet your expectation or are found to be faulty, you can cancel and return your order up to 30 days from the date your Good(s) were dispatched. The process for returning the Goods is as follows:

    1. 1. Contact Cochlear Customer Service on 1800 620 929 or email customerservice@cochlear.com
    2. 2. Complete the form “Customer Purchase Return and Exchange Form” (Return Form) which can be downloaded here.
    3. 3. Send the Return Form together with the Goods being returned in original condition (including packaging, labels and accompanying documentation/manuals) to us at:

Cochlear Customer Service – Australia and New Zealand
Cochlear Limited
1 University Avenue
Macquarie University NSW 2109

Please use the label on your delivery and returns note, enclosed with your Good(s).

You are responsible for the costs of returning Goods to us. Any Goods returned are your responsibility until they reach our warehouse.  Cochlear recommends using a traceable postage method. Please ensure you package your return to prevent any damage to the Goods or their packaging.  We are not responsible for any Goods that are returned to us in error.

In- clinic purchases cannot be returned for a refund or exchange to us. You will need to contact your clinic directly.

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 10 business days (contact details above), giving us your name, address, order reference and as much detail as possible about the problem with the Goods.

Refunds and Exchange
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 returned the Goods to our address (see above).  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, where all Goods purchased with your order are returned.  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.

Our Refund and Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms of Sale are in addition to the consumer warranties and guarantees under the Australian Consumer Law.

Cochlear reserves the right to make changes to this Refund and Returns Policy without notice.

Online Representation

Whilst we have taken reasonable steps to depict Goods as accurately as possible through the photographs and other images featured on the Online 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 Online 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 us prior to placing an order (see Contacting us).  

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 Returns Policy (detailed above).  If you do not comply with the Returns Policy, you will be deemed to have accepted the Goods;
    • must ensure that your Login and password that are used to access the Online Store and the details of your account are kept in a safe and secure manner;
    • must notify us through our Customer Service during Contact Hours 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 Online Store, including Internet access fees;
    • are responsible and liable for any person that uses your Login and password to order Goods or Services through the Online Store;
    • agree that we may charge you for all Goods or Services that we agree to supply to you that have been ordered using your Login and password through the Online Store and confirmed by us in an Order Confirmation; and
    • notify us immediately if you become aware of any matter that may give rise to a prosecution or legal proceedings 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.

General Restrictions regarding your use of the Online Store

It is a condition of your use of the Online Store that you do not:

    • restrict or inhibit any other user from using and enjoying the Online Store;
    • post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene , vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
    • post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
    • post or transmit any information, software or other material that contains a virus or other harmful component; or
    • post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising,

and you agree to defend, indemnify, and hold Cochlear, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of either these Terms of Sale and/or the Asia Pacific Privacy Policy or from claims made by third parties including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation.

Suspension of Account

We may from time to time and without notice or liability to you:

    • lock, suspend or delete your account or access to the Online Store at any time without prior notice to you; or
    • cease providing the Online Store or any other Goods or service that may be available through the Online Store at any time, for any reason, which without limitation includes the following circumstances:
      • upon the occurrence of any of the force majeure circumstances detailed in these Terms of Sale;
      • if you fail to comply with any other of these Terms of Sale until the breach (if capable of remedy) is remedied; or
      • if you do, or allow to be done, anything which in our reasonable opinion may have the effect of jeopardising the provision of the Services or the operation or fitness for purpose of the Goods.

 If there is a dispute between us in relation to these Terms 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 Online 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 authorised by you to do so; and
    • you have and will comply with all relevant laws relating to your use of the Online 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 law, 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 Terms of Sale, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Online Store. You acknowledge that the Online Store is provided “as is” and that we do not make any warranty or representation as to the suitability of the Online Store for any purpose.

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

Subject to law, our obligations to you in respect of a breach of any term, warranty or condition of these Terms 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 Terms of Sale is intended to limit or exclude any liability that cannot be excluded by law.

Questions about these Terms of Sale

If you have any questions regarding these Terms of Sale, please contact us by email at privacy.asia-pacific@cochlear.com, or by mail at Cochlear Limited1 University Avenue, Macquarie University, NSW 2109 Australia or call us toll free (Australia) 1800 620 929.

These Terms of Sale were last updated on 16 August 2016

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