Terms and conditions DE
1. Company information
These general terms and conditions (the “Terms and conditions ”) apply to the use of the website of Nuance Hearing Ltd. (“Nuance Hearing”, “Nuance” or “us”), with registered offices at 24 Raoul Wallenberg Street, Tel Aviv, Israel, company number 515183887, telephone number: +972 77 901 8642 (local phone charges will be applicable), email: email@example.com.
The terms and conditions shall apply to any use of the Nuance Hearing website p98333-947-23651.s947.upress.link (the “Website”) including with respect to online sales of products offered on the Website to end-customers (meaning, in these Terms and Conditions: customers who purchase the Nuance Hearing products for their own private use).
The terms and conditions applicable to a specific sale transaction are those in force at the time of placing an order.
Please read these Terms and Conditions carefully before submitting an order. By placing an order, you are offering to purchase a product subject to the following Terms and Conditions. All orders are subject to availability and confirmation by Nuance Hearing.
Nuance reserves the right to modify these Terms and Conditions at any time by placing the new terms on the Website. Such new terms shall apply to any order made after placing the new terms on the Website or as of the effectiveness of such change, as applicable.
The terms and conditions in force are accessible at any time on the Website.
Unless otherwise evidenced, the data registered on the Website constitute the evidence of all transactions between Nuance and its customers with regard to sales made by the Website. The Website is displayed in English.
3. Ordering process
3.1. Product selection
All orders to the Nuance Hearing’s online shop shall be exclusively submitted on the Website.
To place an order, you should select the products by clicking on the “Order online/Add to Cart” button and pursue navigation by clicking on “Continue Shopping”.
You may, at any time, see your selected products in the shopping cart by clicking the “See Details/My cart” button and consult the payment options offered by Nuance Hearing as well as the delivery costs, where applicable, and delivery time.
3.2. Registration of the order
After selecting the product(s), you should check the details of the order and the price to be paid and correct any data or information before confirming the order.
You shall be asked to provide necessary information for the delivery of the product(s).
You shall be asked to confirm reading these Terms and Conditions as well as Nuance Hearing’s privacy statement before submitting the order to us.
You shall be asked to select an alternative payment option and to provide the corresponding information.
3.3. Confirmation of an order
At the end of the ordering process, you should accept these “Terms and Conditions” by clicking on the appropriate box and confirm the order by clicking on the “Proceed to payment” button. After confirmation of the order, you shall undertake to pay the corresponding price.
After placing the order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the product(s) will not be formed until your payment has been approved us and we have debited your credit or debit card.
If you change the order after any change in Nuance Hearing prices or other terms, such as changed terms and/or prices will automatically apply to the changed order.
Nuance Hearing reserves the right to refuse any order. In such cases, you will receive an e-mail of rejection of the order.
4. Right of cancellation
4.1. Right and time of cancellation
You are entitled by law to cancel the order, without having to give any reason, within fourteen (14) days after receiving the purchased products, all subject to the applicable laws.
However, the “satisfaction guarantee” offered by Nuance Hearing allows you to cancel the order within forty-five (45) days from the receipt of the product, without having to give any reason or pay any fee or expense other than set out in these Terms and Conditions. Nuance Hearing’s right to claim damages shall not be limited by this clause.
If the order includes several products to be delivered separately, the cancellation period for all products of this order starts with the date of receipt of the last product.
4.2. Conditions governing the exercise of the right of cancellation
In order to exercise your right to cancel the order, you must notify us, before the expiry of the applicable cancellation period, by sending an unambiguous e-mail expressing clearly your intention to cancel your order to firstname.lastname@example.org
For any information on the conditions of cancellation, you may contact Nuance Hearing’s customer service at email@example.com.
5. Return and Reimbursement
After your cancellation application has been approved by us, you should return the products within fourteen (14) days, at Nuance Hearing’s expense, by postal service to the following address: Nuance Hearing Ltd., 24 Raoul Wallenberg Street, Tel Aviv, Israel.
Please read our Return Policy for more information.
You shall be invoiced the prices by the currency indicated on the Website which also appears on your placed order, all subject to these Terms and Conditions.
Unless otherwise expressly indicated in writing by us upon confirmation of the order, the prices include standard taxes, including VAT as well as packaging costs and delivery.
In case you want the products to be delivered by special means of delivery, such delivery costs will be subject to a separate agreement and invoice, without any reduction in the prices of the products.
7. Product availability
The product and price offerings are in force as long as they appear on the Website, within the limits of available stocks.
Mistakes or changes may exceptionally occur. In the event of unavailability of any product after ordering, you will be informed by e-mail of the unavailability of the product(s), and/or of the delivery of partial order and/or the cancellation of the order.
In case of complete or partial cancellation of the order due to unavailability, you will not be charged. If the amounts have already been debited, you will be reimbursed the amounts paid for the unavailable products within thirty (30) days.
The products purchased on the Website are delivered to the address you communicated at the time of ordering. You are responsible for the accuracy of the information provided when ordering. In case of a mistake in the addressee’s contact details (in particular surname, first name, street name and number, postal code, city, telephone number or e-mail address), Nuance Hearing shall in no event be held liable for the impossibility to deliver the product(s) and may charge you for any expenses with respect to such incorrect details.
The delivery shall be made by private carrier DPD, in standard mode, within 5 to 7 working days from the confirmation and payment of the order.
9. Transport – Receipt – Reservations
You are responsible for checking the conformity of the product(s) and the condition of the packaging at the time of acceptance in order to take any action against the carrier.
In case of any deterioration of the product, you must without fail:
Report the damage on the delivery note submitted by the carrier;
Send the carrier a registered letter with acknowledgment of receipt within a maximum of three (3) days from the date of delivery;
Send Nuance Hearing, at the same time, a copy of the aforementioned letter as well as of the delivery note, to the following e-mail address: firstname.lastname@example.org
10. Product compliance
Nuance Hearing undertakes to reimburse you or replace the products that are not compliant with the order, because of our fault. You will report any possible detectable deviation and return the product(s) to Nuance Hearing, which will replace or reimburse you for the product(s) as applicable. If the returned products are incomplete, or unreasonably soiled or damaged, they will not be accepted by Nuance Hearing and you will not be entitled to replacement or reimbursement.
11. Payment options
The products will be paid online by credit card (Visa, Mastercard, American Express), Paypal or Visa Debit. You will select your chosen method of payment.
For payment by credit card, you must enter the requested information, including card number, its expiration date, and the security numbers.
The order will be delivered only after we have received your payment.
12. Disclosure of Personal Information
The payments made by credit card on the Website are operated by a secure payment company. In order to confirm the transaction, you must provide all requested information.
Accumulation of certain personal data you provided is a mandatory requirement for the completion of the order and payment process.
13. Retention of title – Risk transfer
Nuance Hearing retains the ownership of each product until it has received payment in full. The risks relating to the products shall be transferred to you at the time that the products are handed over or of default of acceptance.
In case of non-payment, Nuance Hearing reserves the right to claim the ownership of the respective product.
14. Customer Rights
14.1. Legal guarantee of conformity and guarantee against “hidden defects”
Nuance Hearing is under a legal duty to supply products that are in conformity with the sale transaction. Nothing in these Terms and Conditions will derogate from your legal rights.
14.2. Limited warranty
Without prejudice to the above mentioned legal guarantees, you shall benefit from our limited warranty that may be reviewed at https://nuancehear.com/legal/warranty. Our warranty does not cover damages resulting from incorrect handling of the product and, in general, improper, inappropriate or unreasonable use of the product. Damages due to maintenance or dismantling operation made by a person not authorized by us, or due to modifications or alterations to the product resulting from an insufficient packaging when returning the product to us are also excluded from the warranty.
The limited warranty becomes automatically invalid if the label bearing the serial number of the product has been removed or erased. To benefit from the warranty of the products, you must, without fail, keep the purchase invoice of the product, for the duration of the warranty period.
Please read our warranty carefully for full information on customer rights.
15. Liability of Nuance Hearing
15.1. Product compliance with applicable law
The products we offer are compliant with applicable legislation.
15.2. Scope of Nuance Hearing’s liability
We shall be responsible for your loss or damage as a result of our actions or omissions with respect to the purchased products, as long as their use corresponds to our instructions. To the extent permitted by law, our warranty to the products is the sole and exclusive warranty we provide. We disclaim all other warranties whether express or implied (including, but not limited to, any warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement). To the maximum extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall we be liable for any indirect, special, incidental, reliance or consequential damages, even if we shall have been informed of the possibility of such damages. To the extent permitted by applicable law, our liability shall be limited to the original purchase price paid to us and to the customer that made the purchase directly from us.
Please note that the images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the products and their colors accurately, we cannot guarantee that the images reflect the products accurately.
The packaging of the product may vary from the images shown on Website. We urge you to refer to the description of each product and, in case of any doubt or need for additional information, contact us at email@example.com.
The products offered on our Website are for domestic and private use only. We shall not liable for any business losses as a result of a non-private use, including for commercial or re-sale purposes, of our products.
The full or partial impossibility to use the products for any reason beyond our control, in particular, due to an equipment incompatibility, shall not give rise to any compensation, reimbursement or liability on the part of Nuance Hearing.
15.3. Force Majeure
Nuance Hearing shall not be held liable in case of non-performance of the contract due to unforeseeable events beyond our control, disturbance or full or partial strike, in particular of the transport and/or communication services, fire, natural disasters, etc.
16. Intellectual Property
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Nuance Hearing. All texts, comments, work, illustrations or images on the Website are under copyright and intellectual property protection, for the entire world.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any of the Website software or our products and the accompanying documentation supplied by Nuance Hearing or our licensors. No license or consent is granted to you to use any of Nuance Hearing trademarks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Nuance Hearing. You shall also not modify any paper or digital copies of any materials you printed off or downloaded from the Website in any way. You shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Nuance Hearing’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You shall not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Nuance Hearing or Nuance Hearing’s licensors.
17. Personal data
18. Archiving of the contracts
Nuance Hearing undertakes to keep any confirmed purchase order for an amount exceeding 120 euros for seven (7) years. You will have the possibility to access your orders upon simple request at firstname.lastname@example.org
19. External links
The Website may contain external hyperlinks redirecting users to other websites. Nuance Hearing makes no undertaking in relation with any third-party websites and shall in no case be held liable for the content, operation, users’ privacy, services offered or the access to such other websites.
20. Secured website
We take security very seriously. The Website (p98333-947-23651.s947.upress.link) is a secured website using SSL encryption. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and Nuance Hearing, and between Nuance Hearing and you, will be free from unauthorized access by third parties. Users of the Website use the Website at their own risk.
21. Customer service
For any information or question, please contact us at email@example.com.
22. Applicable law – Competent jurisdiction
These Terms and Conditions, as well as any transaction herein described and/or in relation with any sale of products by Nuance Hearing over the Website, are governed, construed and enforced in accordance with the laws of Israel. In case of dispute the courts in Tel Aviv, Israel, will have exclusive jurisdiction.
23. Customer assessment space
Nuance Hearing reserves the right to check and delete any publication on the customer assessment space of the Website. Nuance Hearing reserves the right to delete, or not to publish, the contents that it considers, at its sole discretion, inappropriate or offensive, such as:
Advertising of any sort, including any competing products, sale of products, solicitation, self-promotion, and spams
False, inaccurate or – at our sole discretion – misleading information
Offensive language, including against any population group, companies, or against us, our employees, suppliers, distributors or affiliates
Inappropriate or misleading content or any content portraying – at our sole discretion – an inaccurate image of Nuance Hearing
Contents that threaten, harass or infringe the rights of any other person, including content revealing private information relating to other users
Contents including malware programs, software or files that could infringe intellectual property rights of any party or that could damage the display system of other users
Any content that might – at our sole discretion – commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
If Nuance Hearing fails to enforce a right under these Terms and Conditions, such failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, such provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
Nuance Hearing may assign the Website or any of its content and may transfer its rights and obligations under these Terms to other third parties.
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Nuance Hearing.
Last update: 29 May 2019