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Lenire Order Terms and Conditions

Terms and Conditions

  1. THESE TERMS

    1.1. What these terms cover. These are the terms and conditions on which we supply products to you.

    1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

    1.3. INFORMATION ABOUT US AND HOW TO CONTACT US

    1.1. Who we are. We are Neuromod Distribution Limited a company registered Ireland. Our company registration
    number is 653070 and our registered office is at The Digital Hub, Unit J, Digital Court, Rainsford Street, Dublin 8, D08 R2YP, Ireland.

    1.2. How to contact us. You can contact us by telephoning our customer service team at +353 (1) 253 1444, by emailing us at [email protected], or by writing to us at Neuromod Distribution Limited, Unit J, Digital Court, The Digital Hub, Rainsford Street, Dublin 8, D08 R2YP, Ireland.

    1.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address you have
    provided to us.

    1.4. OUR PRODUCTS

    1.1. Our contract with you is for the sale of the following:

    1.1.1. Lenire® product – comprising Lenire® controller, Lenire® tonguetip® (including replacements sold by us to you) (the Product);

    1.1.2. Lenire® accessory – over-ear headphones (manufactured by Harman AKG) sold in conjunction with the
    Treatment Plan (as defined below) by us to you (the Accessory); and

    1.1.3. We may change the Product and/or the Accessory to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements.

    1.1.4. We only sell to private individuals who have been recommended treatment with Lenire® by an
    appropriately qualified healthcare professional. Our brochure and website are solely for the promotion of our
    Products in Europe.

    1.1.5. Use of the Product. The Product will be customised for your use and your use only. The Product shall not be provided by you for use by any other person. Any such use will invalidate your warranty. The Product shall be used strictly in accordance with the Instructions for Use supplied with the Product.

    1.2. OUR CONTRACT WITH YOU

    1.1. How we will accept your order. Our acceptance of your order will take place when we email our acceptance and confirmation of your order, at which point a contract will come into existence between you and us.

    1.2. PROVIDING THE PRODUCT

    1.1. When we will provide the Product and the Accessory. The Product and the Accessory will be delivered for
    collection at the address specified in your order confirmation. During the order process we will let you know when we will provide the Product and the Accessory.

    1.2. We are not responsible for delays outside our control. If delivery of the Product and/or the Accessory is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Product and/or Accessory you have paid for but not received.

    1.3. When you become responsible for the Product and the Accessory. The Product and the Accessory will be your responsibility from the time the Product and the Accessory is customised to your hearing profile and the sealed tonguetip® pouch is opened.

    1.4. When you own the Product and the Accessory. You own the Product and the Accessory once we have received payment in full.

    1.5. Reasons we may suspend supply. We may have to suspend the supply of the Products and/or Accessory to:

    1.5.1. deal with technical problems or make minor technical changes; or

    1.5.2. update the Product and/or Accessory to reflect changes in relevant laws and regulatory requirements.

    1.6. YOUR RIGHTS TO WITHDRAW FROM THE CONTRACT

    1.1. Under the European Union (Consumer Information, Cancellation and other Rights) Regulations 2013 consumers generally have a right to cancel a contract for the purchase of goods for 14 days after they have received physical possession of the goods. However, as, in advance of your receipt of the Product the Product will have been personalised for your individual use, you may only cancel your order before the Product has been personalised for your individual use (as the Regulations specify that personalised products do not benefit from the cancellation right). Please contact us if you wish to cancel your purchase before its personalisation and we will inform you of the status of the Product at that time.

    1.2. OUR RIGHTS TO END THE CONTRACT

    1.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:

    1.1.0.1. you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 10 days of us reminding you that payment is due; and/or

    1.1.0.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to personalise the Product for your use.

    1.2. PRICE AND PAYMENT

    1.1. Where to find the price for the Treatment Plan. The price of the Product and Accessory will be the price (which includes any applicable VAT) indicated on the order pages when you place your order.

    1.2. When you must pay and how you must pay. We accept payment by all major credit and debit cards. You must pay for the Product and Accessory at the time you place your order.

    1.3. OUR RESPONSIBILITY

    1.1. Warranties. We warrant that:

    1.1.1. at the time of sale, we have title to sell the Product to you;

    1.1.2. the Lenire® controller shall function in accordance with its intended use (subject to it being used strictly in
    accordance with the Instructions For Use provided with the Product) for a period of 3 years; and

    1.1.3. the Lenire® tonguetip® (and any replacement Lenire® tonguetip®s purchased from us) shall function in
    accordance with its intended use (subject to it being used strictly in accordance with the Instructions for Use provided with the Product) for a period of 180 hours of use or 3 years after first use, whichever is shorter. Lenire® tonguetip®s shall cease to operate after 180 hours of use.

    1.1.4. Remedy. Subject to Clause 9.5, if we are in breach of the warranties given under Clause 9.1, our liability shall be limited to:

    1.1.0.1. replacement of the Product concerned; or

    1.1.0.2. at our option, reimbursement of the price applicable to that Product.

    1.1.1. Your misuse and negligence. We shall not be responsible nor shall we have any liability to you, where the
    Product (or part thereof) malfunctions due to your negligence or misuse (including but not limited to use of the Product in contravention of the Instructions for Use) and we shall not be under any obligation to replace or repair the Product (or part thereof) concerned.

    1.2. No other liability. Subject to Clause 9.5, we shall have no further liability to you other than as described in Clause 9.2, whether under these conditions of sale or on any other basis including liability in tort, as a result of the sale of the Treatment Plan.

    1.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this
    contract shall exclude or limit our liability for death or personal injury resulting from our negligence, nor shall the contract operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.

    1.4. Not authorised to resell devices. As each Product is individually customised for each individual patient’s medical requirements, the Product (or part thereof) may not be sold or transferred to a third party. In the event that it comes to
    our attention that the Product (or part thereof) has been resold or transferred, we reserve the right to terminate this contract immediately.

    1.5. HOW WE MAY USE YOUR PERSONAL INFORMATION

    1.1. We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found on our website at https://www.lenire.com/privacy-policy

    1.2. INTELLECTUAL PROPERTY

    1.1. Neuromod Devices Limited (the authorised manufacturer of the Product) owns all intellectual property rights in the Product and nothing in this contract shall imply any transfer or licence to you of such rights.

    1.2. OTHER IMPORTANT TERMS

    1.1. Transfer of this Agreement. We may transfer our rights and obligations under these terms to another organisation. You need our consent in writing to transfer your rights to someone else.

    1.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

    1.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    1.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Treatment Plan, we can still require you to make the payment at a later date.

    1.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by
    Irish law. Notwithstanding the foregoing, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to Irish law, affects your rights as a consumer to rely on such mandatory provisions of local law.