Webshop Terms and Conditions

Article 1 – Seller’s identity

Name: Sonova Audiological Care New Zealand Limited., doing business and being referred to as “Sonova”
Office address: Unit 7, 6-8 Omega Street, Rosedale, Auckland, 0632
Telephone number: 0800 45 45 43
Registered in the trade register of New Zealand under number: 1881914
GST number: 95-347-681
 

Article 2 - Applicability

1. These General Terms and Conditions (“T&C’s”) apply to each offer from Sonova and each subsequent agreement entered into by you and Sonova.
2. Before a “distance sale” (meaning in this context, an agreement that was concluded online) becomes effective, these T&C’s are made available to you. You will be given the opportunity to save these T&C’s to your local system.
3. In case of inconsistency between terms included in these T&C’s, you can call on the clauses most beneficial to you.

Article 3 – Offers

1. If any offer made by Sonova is offered for a limited time, the term of the offer will be explicitly mentioned.
2. Any offer will include a complete and precise description of the offered goods and/or services. Such a description will be detailed enough for you to determine for yourself if the offer is acceptable. If Sonova uses any images of the offered products/services, Sonova will ensure such images are truthful and representative of the offer.
3. If an offer made by Sonova clearly includes an error or mistake, Sonova will not be bound to honor such an offer. For the avoidance of doubt, this includes situations where a price reduction is applied to a product/service that is clearly incorrect.
4. Each offer made by Sonova contains such information required for you to adequately determine your rights and responsibilities connected to acceptance of the offer.

Article 4 – Agreement

1. ​The agreement between you and Sonova comes into effect on the moment you accept the offer made by Sonova.
2. Once accepted, Sonova will endeavor to immediately confirm the offer by sending you an email or through a telephone call. As long as this confirmation is not received, you will have the right to cancel the agreement with immediate effect.
3. Sonova has taken measures to ensure the agreement is concluded safely and securely. In case the option is offered to pay using digital means, Sonova will have ensured adequate security measures have been taken.
4. Sonova can, within the bounds of applicable laws and regulations, determine if you have fulfilled your payment obligations, as well as any other relevant obligations. If Sonova determines objectively that this is not the case, Sonova has the right to terminate the agreement. Any amounts paid will in such a case be restituted.
5. Sonova will upon delivery of the product/service to you, confirm:
   1. A physical address where you may lodge complaints
   2. The conditions and methods for invoking your right of withdrawal
   3. Any information regarding service and warranty
   4. The price (including all charges and fees), delivery costs, method of payment, method of delivery
   5. In case the agreement has a term of more than one year: the means of terminating the agreement
   6. The standard form to exercise the right of withdrawal
6. In case of a repeating obligation of Sonova, or an obligation that requires Sonova to act periodically, the previous paragraph will only apply to the first delivery.

Article 5 – Right to withdrawal

1. You can terminate an agreement with Sonova within 14 days of receiving the ordered products (the “reflection period”), without providing a reason for such termination. Sonova can ask you for a reason, but cannot require you to provide a reason for terminating the agreement within the first 14 days.
2. The right to withdrawal shall only apply to the agreement as far as it concerns products that are not customized, non-perishable and not for single use, unless such single-use products have not been used yet.
3. You can use the model form for withdrawal if you wish to exercise your right under this article.

Article 6 – Obligations during reflection period

During the reflection period, you will treat the product and its packaging with due care, and will not use the products nor unpackage the same nor break any seal on the received package.

Article 7 – Your obligations under the right to withdrawal

1. If you choose to exercise your right to withdrawal, you must call our Customer Service Centre on 0800 45 45 43 as soon as possible, but at least within 3 days after notifying Sonova of your choice mentioned in the previous paragraph, you will return the products to Sonova, except in such case where Sonova has offered to collect the products from you.
2. You will return the products to Sonova with all originally provided accessories, instruction manuals, and the original packaging together with the original seal, in accordance with the instructions provided by Sonova.
3. If you send products back to Sonova, you should keep a receipt showing when you sent it. The risk and burden of proof for the returned products rest with you.
4. You will be initially responsible for the costs of returning the products, unless Sonova has indicated that Sonova will cover these costs.

Article 8 – Sonova’s obligations under your right to withdrawal

1. Sonova will reimburse the purchase price of the products back within 30 days after receiving your notification.
2. Sonova will reimburse you the purchase price by bank transfer.

Article 9 – Exclusion of right of withdrawal

Sonova can exclude the right of withdrawal for the following products, under the condition that such exclusion is mentioned before the agreement is closed between you and Sonova: Products that are sealed, or for health or hygiene reasons are not appropriate to be sent back after opening/using.

Article 10 – Returns

1. If you decide to return a purchased product to Sonova under your right to withdrawal, you must contact Sonova first to register the return. Note that any customized products and perishable goods are excluded from the right to withdrawal. You must send the product back to Sonova within 14 days from the date you first informed Sonova (you are responsible to evidence that the product was sent back within this term).
2. If you send the product back to Sonova, you must include all accessories and attachments, and as much as reasonably possible, in its original state, and in the original packaging.
3. After Sonova receives the returned product, the full cost of the product shall be returned to your bank account. Note that the shipping costs you originally paid will not be returned with the full cost of the products, since Sonova will cover the costs of returning the product.
4. You and Sonova may agree that a product can returned to one of its locations, as opposed to sending it back by mail. Specific arrangements will be made in such situations.

Article 11 - Price

1. All prices mentioned are inclusive of GST and including shipping costs, unless specifically mentioned otherwise.
2. For the whole period mentioned in a temporary offer, the prices of the offered products will not be increased, with the exception of increases of GST percentages, which will be directly applied.
3. Regular prices of products are always subject to change. The price on the moment you accept that offer will apply.

Article 12 – Fulfilling obligations and added warranty

1. Sonova guarantees that the products delivered are the same products offered, and that the products can be used for the indicated purposes of the product. Sonova also guarantees the products comply with applicable laws and regulations on the effective date of the agreement. Sonova however makes no warranties as to the suitability for any other purposes.
2. Extended warranty will never diminish any rights under the agreement, including those mentioned in these T&C’s.
3. Extended warranty is deemed to include any obligation of Sonova to you in addition to the legally mandated warranty.

Article 13 - Shipment

1. Sonova will ship the ordered products to the address you provided while placing the order, and will exercise due care while receiving orders and shipping products to you.
2. Sonova will endeavor to ship the ordered products to you within a reasonable term, but with a maximum of 15 days, unless another specific term is agreed upon specifically. If the shipment is delayed for whatever reason, or if the shipment can only be delivered in separate lots, Sonova will inform you within a reasonable term, though in any case within 15 days after placing the order. If Sonova cannot deliver all ordered products to you within a reasonable time, Sonova will inform you of this. Following such a notification, you have the right to terminate the agreement and reimbursement of any payments made.
3. After termination in accordance with the previous paragraph, Sonova will refund you the paid amount immediately.
4. The risk to the ordered products rests with Sonova until the products have been delivered to you.

Article 14 – Payment/Retention of title

1. Unless specifically agreed upon otherwise, payment for the ordered products must be received within the timing indicated in the relating invoice. Payment may be done by wire transfer.
2. You are required to mention any inaccuracies in the payment details to Sonova immediately.
3. If you do not fulfil your payment obligations hereunder within 14 days of being reminded thereof by Sonova, Sonova is allowed to charge legal interest on the open payment, as well as full compensation of any extrajudicial costs incurred while collecting the due payment.
4. The transfer of ownership of any product will occur only after the receipt of the relating payment by Sonova.

Article 15 – Complaints handling

1. Sonova has implemented a complaints procedure, and will treat any and all complaints related to Sonova’s products or services in accordance with this procedure. If you have any complaints about the functioning of the products, you should contact Sonova IMMEDIATELY.
2. Complaints about ordered products should be sent to Sonova within the timing provided by the New Zealand Law. The complaint must be addressed to Sonova’s customer care department and should contain all relevant facts and circumstances. Sonova reserves the right to investigate complains related to alleged defects before determining whether or not to compensate you, and the appropriate manner of compensation due.
3. Under typical circumstances, where Sonova receives a complaint with all relevant details included, Sonova will strive to answer the complaint within 14 days, unless the complaint is of such complexity that Sonova cannot within reason be expected to answer it within this term, in which case Sonova will notify you with an expected term in which you should receive an answer.
4. Sonova manufactures and sells products that are qualified as medical device, and may be required to disclose the nature and details of your complaint to a national or international
5. A complaint about one of Sonova’s products can be submitted by calling to Sonova’s Customer Service Centre on 0800 45 45 43., by sending an email to info@tritonhearing.co.nz]. You can also lodge a complaint with any national webshop organization. In that case, the complaint will be sent to Sonova, as well as to any national webshop organization.
6. You should at any time give Sonova at least 4 weeks to respond to your complaint and to provide a solution that’s mutually acceptable. After this term, the complaint is subject to the conflict regulations mentioned in the next article.

Article 16 – Governing Law

Conflicts arising from the agreement between you and Sonova to which these T&C’s apply are exclusively subject to New Zealand law.

Article 17 – Additional terms and conditions

Additional terms and conditions, or terms and conditions that deviate from the terms laid down in these T&C’s cannot negatively affect you, and must be agreed upon in written form, or in such form that can prove with ease that you consented to such deviation terms.

Article 18 – Changes in these T&C’s

Changes to these T&C’s shall only apply after they have been published on the appropriate location, and after you have been informed. If these T&C’s change during the term of the offer, the terms most beneficial to you will apply.

Article 19 – Liability limitations

1. Sonova shall not be liable for any inefficiencies attributable to force majeure if it fails to execute the purchase order in whole or in part within the time provided for in the contract.
2. Sonova shall not be liable to the purchaser, except in cases of willful misconduct or gross negligence due to inefficiencies or malfunctions in connection with the use of the Internet beyond its or its suppliers' control.
3. Sonova shall also not be liable for damages, losses and costs incurred by the purchaser as a result of the non-performance of the contract for reasons not attributable to it, the purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred.
4. Sonova shall not be liable for any fraudulent or illegal use that may be made by third parties, credit cards, cheques and other means of payment, when paying for the products purchased, if it can prove that it has taken all possible precautions based on the best knowledge and experience at the time and on ordinary diligence.
5. In no event shall the purchaser be liable for any delay or miscarriage of payment if it proves that it has made the payment in the time and manner specified by Sonova.
6. The purchaser undertakes to indemnify and hold Sonova harmless from any request from third parties relating to damage or deterioration of the products, resulting from incorrect handling.