Terms and Conditions of Sale

          Introduction
          Changes to our Site
          Accessing our Site
          Your Account and Password
          No Reliance on Information
          Ordering and availability
          Delivery
          Risk and title
          Price and payment
          Consumer rights
          Our refunds policy
          Faulty products
          Product information
          Our liability
          Intellectual Property Rights
          General
          Contacting us
          Cancellation Form

Introduction

These are the terms and conditions for http://store.mycochlear.com/uk (Site).  The Site is operated by Cochlear Europe Limited (we, us and our).  We are a limited company, registered in England and Wales.  Our registered company number is 03874867, and our registered office is at 6 Dashwood Lang Road, Bourne Business Park, Addlestone, Surrey, KT15 2HJ.  Our VAT registration number is GB 927 3846 92.

Your use of the Site and your purchase of any of the products offered on this Site (Products) is subject to these terms and conditions and by using the Site and/or placing an order for any Product you agree to be bound by them.  You should print a copy of these terms and conditions for future reference.  

Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy .

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 07th May 2015.

Changes to our Site  

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. 

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and conditions, and that they comply with them. 

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at uksupport@cochlear.com.

No Reliance on Information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Ordering and availability

Products may be ordered by clicking on 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 clicking the "Buy Now” button on the checkout page.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us.  We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Buy Now" button, you enter into an obligation to pay for the Product(s) in the event that your order is accepted by us.  Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation).  The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Despatch 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 Products whose despatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

Delivery

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order.  If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, 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.  We reserve the right not to deliver to any country that is prohibited by applicable export laws.  Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 5pm.  It is not possible to specify a precise time at which a delivery will take place.  Please note that the courier may require deliveries to be signed for.  When placing your order we may offer you a premium delivery service the cost for which will be more than our standard delivery service, details of the delivery times and charges will be made available prior to any order for a Product being placed by you.

Deliveries will be made to your door.

Risk and title

Products ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Products ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.

Price and payment

The price of Products is as quoted on the Site from time to time.

Prices include VAT (if applicable) but exclude delivery costs, which will be [automatically] added (at the cost shown) to the total amount due once you have selected your chosen delivery method and when you view the items in your shopping cart.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced.  We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount.  If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page.  We accept payment by most major credit and debit cards.    We can only accept credit or debit cards where the statement address is within the United Kingdom.

We will not charge your credit or debit card until we despatch your order.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.  Please note, it is possible that your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.

Consumer rights

Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you have received the Products you ordered.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).

To cancel a Contract, you must clearly inform us, preferably:-

  • in writing, by email or by telephone, giving us your name, address and order reference;
  • by completing our Cancellation Form found at the end of these terms and conditions; or
  • by simply returning the Products to us in accordance with the instructions.

However you choose to cancel a Contract, you must also return the Products 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 Products and make sure they conform to your order).  You have a legal obligation to take reasonable care of the Products 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 Product, from the refund to which you are otherwise entitled.

You will not have any right to cancel a Contract for the supply of any of the following Products:

  • audio and/or visual recordings or computer software or hygiene-sealed items, in each case, where the sealed packaging has been opened; or
  • Products that have been personalised or made to your own bespoke specifications (if we offer such options);

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

To return the Products, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by Royal Mail, courier or by recorded delivery mail or other form of certified mail.

We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed.  You will be responsible for the cost and risk of returning the Products to us.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Despatch Confirmation.  Nothing in this section affects your legal rights.

Our refunds policy

If you cancel a Contract between us within the 14-day cooling-off period (see above), 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 Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our returns address (see above).  We will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use of or damage to the Products), including the cost of standard delivery, where all Products purchased with your order are returned.  However, we will not refund your cost of returning the Products 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.

Faulty products

If any Product you order is 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 a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference.  Nothing in this section affects your legal rights.

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, 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 a Product when you receive it.

Any information on the Site regarding sizing of products is included as a guide only.  If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see Contacting us).  

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable.  Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

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

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.  

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions.  We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.  We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to uksupport@cochlear.com, by telephone on 01932 263620 between the hours of 9am to 5pm, Monday to Friday, or write to us at:  Customer Service UK, Cochlear Europe Limited, 6 Dashwood Lang Road, Bourne Business Park, Addlestone, Surrey, KT15 2HJ.


 

 

Cancellation Form

To Cochlear Europe Limited of 6 Dashwood Lang Road, Bourne Business Park, Addlestone, Surrey, KT15 2HJ.

Email: uksupport@cochlear.com:

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:

………………………………………………………………….

………………………………………………………………….

………………………………………………………………….

Ordered on* / received on*: ………………………………..

Names of consumer(s): …………………………………….

Address of consumer(s): …………………………………..

………………………………………………………………….

………………………………………………………………….

Signature of consumer(s) (only if this form is notified on paper): …………………………………

Date: …………………………………

*Delete as appropriate