Terms & conditions
1. The Scope of These Terms of Sale
Thank you for visiting, www.audientes.com/eu which is an online store exclusively for Audientes products. Audientes A/S (as listed below) is the seller on record of all products on the www.audientes.com/eu
Audientes A/S, Teknikerbyen 5, DK-2830 Virum, Denmark
These terms of sale (”Terms of Sale”) apply when we sell a product to you from www.audientes.com/eu (the “Website”). When you make a purchase on the Website, a legally binding agreement is entered into between you as a private individual (consumer) and Audientes A/S.
2. How to contact Customer Support
If you have any questions regarding these Terms of Sale or your order, you are more than welcome to contact Customer Support. You can reach Customer Support by sending an email to email@example.com.
3. Agreement and order
- When you make a purchase on the Website, you accept these Terms of Sale, which apply to all our sales to private individuals (consumers). You agree that you are purchasing the product(s) for your personal use, and not for resale.
- When you have completed your purchase, a legally binding agreement is entered into which we confirm by sending you an order confirmation to the email address you provided in connection to the purchase. When the product(s) you ordered is/are shipped to the address you provided in connection to the purchase, you will receive an email with a tracing link to the package.
- Notwithstanding Clause 3.2, we may - without liability - decline or cancel your order if you have provided us with incorrect information, if we suspect fraud, if we suspect the products are purchased with the intension to resell, or if the order cannot be completed since the product you have ordered is out of stock. In such cases, we will notify you as soon as possible.
4. Price and payment
- When ordering, the prices that are stated on the Website at the time of ordering will apply. All prices are represented in Euro including applicable VAT.
- If the price or information about a product listed on the Website is incorrect, the price or information will not apply to the purchase. In such cases, we will contact you as soon as possible after we realize that we have provided incorrect prices or information.
- You can pay via various credit cards. The options available from time to time and any limitations are stated on the Website and at checkout.
5. Shipping and delivery
- Products are delivered to you with the delivery option you choose at the checkout. You will find information about your options on the Website and at the checkout. Depending on which shipping method you choose and the total amount of your order, delivery fees may apply. Delivery fees, if any, are clearly specified on the Website and at check out. Any shipping costs will only be added once per order, regardless of the number of packages in the order.
- The expected delivery time is stated on the Website and in the order confirmation. Express delivery may also be available. We always strive to deliver your order within the estimated number of working days for delivery stated on the Website and in your order confirmation, but we note that delivery time is non-binding and a best estimate only. Please note that the time for delivery may vary depending on where you live and what delivery option you choose. If your order is delayed, we will notify you and you have the right to cancel your order if the delay has a significant impact on you.
- In connection to delivery of the product(s) to you, you will get a notification via text message or email. If you have chosen to pick up your order, you are responsible for picking up your order within the time and/or date stated on the delivery notice.
- If there are any limitations regarding place of delivery, we will inform you hereof in the beginning of the ordering process or at check out.
6. Partial delivery
If your order contains several products and some of the products (or parts thereof/thereto) are temporarily out of stock, we may divide your order into several deliveries. The product(s) (or parts thereof/thereto) that is/are out of stock will be delivered to you at a later date free of further shipping costs.
7. Uncollected packages
Packages that are not picked up within the time and/or date specified on the delivery notice, will be sent back to our warehouse. If you do not inform us that you wish to withdraw your purchase, we have the right to charge an administrative fee which corresponds to our approximate costs for handling and shipping in cases where you do not collect your package.
8. Offers, discount codes and gifts
- We may from time to time offer promotions, discount codes, gifts and other special offers (“Offers”). Such Offers are valid only for the period specified in connection with such Offer and further only as long as the product is in stock. Offers cannot be combined with other discounts unless expressly stated on the Website. In addition to this Clause 8.1, these Terms of Sale also apply to Offers.
9. Right of Withdrawal and free returns
- You have the right to withdraw from your purchase within 14 days from the day you receive the product that you have purchased on the Website.
- When you exercise your right of withdrawal of 14 days, you have the right to open the packaging and examine the product to the extent required in order to assess its character, quality and function. In these cases, you have the right to a full refund if you notify us within 14 days from the day you received the product. We note that the if you handle the product to a greater extent than required to determine its character, quality and function, we have the right to deduct a sum from the refund. Read more about what this means below in Clause 9.9. Further, when returned, the product (including all parts and accessories) must be clean, in its original condition and in its original packaging.
- If you wish to exchange a product for another, you may do so by placing a new order on the Website in connection with the return of the item.
- For certain products, neither the right of withdrawal nor the right to free returns applies. If a product is not suitable for return due to health or hygiene reasons, you will not be able to return the product if you have broken the seal on the product. Also, you do not have the right to return a product that has been manufactured according to your instructions or that otherwise been given a clear personal touch.
- If the right of withdrawal or free returns does not apply, it will be stated in connection with the product.
How to return
You exercise your right of withdrawal by returning the product. You can contact us at firstname.lastname@example.org for assistance. If you choose to return your product, you must include proof that the product was purchased via the Website. Such proof may consist of a copy of your invoice.
- You are responsible for paying the costs of the return. The costs for the return depend on the delivery option that you choose.
- If you use your right of withdrawal within 14 days, we have the right to deduct an amount by which the value of the product has been reduced if you have used the product more than necessary to determine its character, quality and function. Such a deduction is made according to the product’s value upon return compared to the original value at the time of purchase.
- You will receive your refund within 14 days from the day we received the returned product. Refunds will be made to you using the same payment method you chose at the time of purchase, unless this is not possible or if it is otherwise agreed.
10. Complaints – Audientes’ Limited Warranty
- Audientes’s products are warranted against defects for a period of TWO (2) YEARS from the date of shipment of the product you purchased via our Website.
- If you want to complain about a product, please contact us as soon as possible after you have discovered the defect and always within reasonable time. Complaining within 6 months of you discovering the defect is always considered to be within a reasonable time. Complaints about a product more than two (2) years after they were purchased will be dismissed.
- To make your complaint, we recommend that you use the claims report here. You can always contact us on the email address stated above under Clause 2.
- In order to make claims under this Limited Warranty, you must also provide proof that the product was purchased via the Website. Such proof may consist of a copy of your invoice.
- When the product you complain about has been received and it has been established by us that the complaint is valid under this Limited Warranty, we will, at our sole discretion
(a) repair the product at no cost, using new and/or previously used parts and materials that are functionally equivalent to those present in the original product; or
(b) provide new or refurbished product parts that are functionally equivalent those of the original product; or
(c) give you a price reduction corresponding to the defect; or
(d) refund the purchase price of the original product if you cancel the purchase in accordance with applicable law.
You are also entitled to compensation for your damage in accordance with applicable law.
- Please note that we have the right to refuse a complaint if it turns out that the product is not defective according to applicable law.
- If we, at our sole discretion, determine that an in-warranty product has been subjected to unauthorized modification or repair, whether performed by the end-user or another party, we reserve the right to void this warranty.
- This warranty does not extend to (a) damage due to misuse, accident, or neglect, such as physical damage (cracks, dents, scratches, etc.); (b) damage resulting from improper storage, such as storage outdoors, or in a very hot or damp environment; (c) damage caused by contact with liquids, foods, corrosive materials, or excessive heat or cold; (d) the normal depletion of consumable parts, such as earsleeves, eartips, batteries, and other accessories, except where such depletion is a result of improper workmanship or defects in materials; (e) lost products; or (f) any damage that occurs as a result of a product not being operated or maintained in accordance with the instructions provided in the relevant product’s user guide.
- New and refurbished products provided as replacements for in-warranty products, as well as products repaired under the terms of this warranty, are provided warranty coverage based on the warranty period of the original product.
11. Our obligations
- If there is any defect in your product or if the delivery is delayed, we are responsible for the damage you suffered as a result of the defect or delay in accordance with applicable mandatory consumer protection legislation, these Terms of Sale and our Limited Warranty. However, we are only liable for damages to the extent that you have taken reasonable steps to mitigate your loss. We are therefore not responsible for damages that you could have avoided by taking reasonable steps to avoid or mitigate the same.
- Except to the extent prohibited by applicable law, we shall not be liable for any incidental, special, or consequential damages, any loss of profits, income, savings, business, or information, or any other financial loss arising from or in connection with the ability or inability to use Audientes products, whether based on breach of any express or implied warranty, negligence, or strict liability, tort or otherwise.
- We are not liable for damages caused by unforeseen circumstances beyond our control, for example wars, natural disasters, pandemics, epidemics, embargoes, trade sanctions, government orders etc. which we could not reasonably have foreseen (Force Majeure). However, you always have the right to cancel the purchase in accordance with mandatory consumer protection legislation.
- We reserve the right to transfer all or some of our rights in accordance with these Terms of Sale to third parties without your previous consent. You furthermore acknowledge the right to transfer or pledge our right of payment to third parties without your previous consent. You may on the other hand not transfer any part of your right or obligations in accordance with the Terms of Sale without our prior written consent.
14. About these Terms of Sale
- We have the right to change these Terms of Sale upon reasonable notice, but the Terms that you approved at the time of your purchase will always apply to that purchase. The latest published version of the Terms of Sale is always available on the Website. Changes will be effective from the time you have accepted the Terms of Sale, i.e. in connection with you making a new purchase on the Website.
- If any provisions of these Terms of Sale would be considered invalid or unenforceable by any competent court, authority or alternative dispute resolution body, the other parts of that provision and all other provisions of these Terms of Sale will remain valid and fully enforceable in accordance with applicable law.
15. Choice of law and disputes
- These Terms of Sale and your purchase of products on the Website is construed under and governed by Danish substantive law; i.e. exclusive of its choice of law provisions. However, this choice of law does not affect the rights you may have under applicable mandatory consumer law in the country where you are domiciled but apply in addition to the same.
- If you are domiciled in the European Union, you also have the option to complain via EU’s web-based dispute resolution platform, which you can access here.
- Notwithstanding the above, any disputes may also be settled in any competent court where you are domiciled.
These Terms of Sale entered into force on 01/03/2023.