Ownership of Site; Agreement to Terms of Conditions
The pro.resound.com/en website (the “Site”) is the property of GN Hearing A/S, Lautrupbjerg 7, 2750 Ballerup with company registration number 55082715 (“GNH”).
This Site is meant as an online ordering system for ReSound products.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The following terms and conditions are applicable to all the orders, which you conclude with GNH, via the Site.
GNH reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time.
You may download material displayed on this Site only for non-commercial and personal use and provided you respect and keep intact all copyright, trademark and other proprietary notices.
You may not copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this Site including the text, images, audio and video for either public or commercial use or communication, without prior written permission from GNH.
1. Order confirmation
1.1 Order summary is sent by email by the Site upon placement of your order. Within 48 hours GDS Customer Care will forward you a detailed order confirmation per email including pricing, delivery terms and shipment date.
1.2 GNH may, in its sole discretion, refuse or cancel any order and limit order quantity. GNH may also require additional qualifying information prior to accepting or processing any order. Your receipt of an order summary, however, does not signify GNH’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. GNH reserves the right at any time after receiving your order to accept or decline your order for any reason.
2. Pricing
2.1. Product pricing will follow your agreed price list. GNH reserves the right to change prices for products, and to correct pricing errors that may inadvertently occur.
3. Invoicing & Payment
3.1 Each order is invoiced separately. The invoice is forwarded to you by GDS Customer Care by email. Payment terms are as agreed, and stated on the invoice.
4. Remakes of Custom ITE and Ear Mould products
4.1. GNH will remake for a period of six months after the invoice date, the products, including ear moulds and encased ear moulds at its expense. In this period of six months, products may be returned to GNH to be remade up to two times for any reason.
4.2 In the period more than six months from the delivery date, GNH shall remake the products, including ear moulds and encased ear moulds, and shall charge you no more than its standard remake price and the products will have the benefit of GNH’s warranties for a period of six months from the delivery date. The device to be remade is to be returned to GNH prior to the remake together with a description of the fault. If device to be remade is more than six months old, a new impression is required
5. Warranty
5.1 If there is a distribution agreement between GNH and you in place, the terms and conditions regarding warranty repair and services under the distribution agreement shall apply to any purchase made on this Site. If no Distribution Agreement is in place between the parties the following terms and conditions shall apply:
5.2 The warranty period follows the conditions for warranty agreed separately between the parties.
5.2.1 Except as the parties otherwise agree, GNH warrants to you that it shall repair or (at GNH’s absolute discretion) replace any products returned to it, or reimburse you the price paid by it, if the below a-d items are fulfilled:
(a) you comply in all respects with the procedure for handling product repairs as amended from time to time at the discretion of GNH.
(b) the products are returned within agreed warranty period after delivery.
(c) it is demonstrated to GNH’s satisfaction that the products are defective in materials or workmanship or not in conformity with the Specification; and
(d) the defect does not arise from
(i) fair wear and tear;
(ii) accident, physical damage, improper storage, misuse or abnormal working conditions;
(iii) failure to follow GNH’s instructions on operation and maintenance of the product; or
(iv) alteration or repair of the product without GNH’s approval.
5.2.2. GNH will on a regular basis inform you about the warranty handling procedures to be followed.
5.2.3. For the warranty period, GNH shall provide a free repair service for any products requiring repair in accordance with clause 5.2.1., unless the parties in good faith agree otherwise. The warranty period shall not be extended beyond the original agreed period with respect to repairs carried out under the warranty.
5.2.4. For repairs outside of the warranty period GNH will offer a repair service at the terms and at the fee set forth in GNH’s applicable repair price list, which may be changed from time to time at the sole discretion of GNR.
5.2.5. The warranty period shall lapse for any product in case the face-plate hereof is cut, opened, damaged or otherwise altered, with the exception that the warranty for hybrids, receivers and microphones shall remain unaffected.
5.2.6 No other warranties or remedies of any kind, whether statutory, written, oral, express, implied or otherwise (including any warranties of fitness for a particular purpose and/or merchantability) shall apply.
6. End user consent
6.1. You must obtain legally valid consent to the transfer of relevant personal data from the end user GNH, for the purpose of GNH to as Data Controller deliver, repair or provide services in relation to the end user’s hearing aid and to comply with applicable legislation. You must retain records of consent given by the end users, and you must upon request provide GN with a copy of such records within 10 working days.
7. Trademark disclaimer
7.1 The names, trademarks, service marks, logos and icons of ReSound appearing on this web site may not be used in any manner by users of this web site without the express prior written permission of GNH.
8. Cookies
8.1 Cookies on the Site
8.1.2. Website provider
GN Hearing A/S
Global Distributor Sales
Lautrupbjerg 7
DK-2750 Ballerup
Denmark
E-mail: gn@gnhearing.com
8.1.2. Cookies are information packets sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.
8.1.3. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
8.1.4. pro.resound.com/en uses session cookies to analyse the use of this Site and to enhance the user experience on the Site. The Site generates statistical and other information about Sites use by means of cookies, which are stored on users' computers. The duration of the cookie is through the session, an interaction term between a visitor's browser and a particular site. When a user visits a page on the Site, it creates a session. A user session expires after 30 minutes of inactivity by the user.
8.1.5. For additional information on collection of personal information, see our Privacy Policy on https://www.resound.com/en/privacy
8.2 Third party cookies
8.2.1. When you use this Site, you may also be sent the following third-party cookies, which may be used for the following purposes:
pro.resound.com/en uses Google Analytics to analyze the use of this Site. Google Analytics generates statistical and other information about Site use by means of cookies, which are stored on users' computers. The duration of the cookie is through the session, an interaction term between a visitor's browser and a particular site. When a user visits a page on the Site, it creates a session. A user session expires after 30 minutes of inactivity by the user.
The information generated relating to our website is used to create reports about the use of the website.
pro.resound.com/en uses Google+ to allow visitors to share content.
Please visit this link to view the Google Privacy Policy.
pro.resound.com/en uses AddThis to allow visitors to share, email and print content from the site. Please visit this link to view the AddThis Privacy Policy.
8.3 Refusing cookies
8.3.1 Most browsers allow you to refuse to accept cookies. See how when using:
• Internet Explorer
• Firefox
• Google Chrome
Blocking cookies will have a negative impact upon the usability of pro.resound.com/en.
9. Privacy policy
9.1. Your privacy is important to GNH. Our privacy commitment to you includes:
9.2. Under no circumstances will pro.resound.com/en rent or sell information about individual visitors to our site to any party outside of GNH.
9.3. GNH respects the privacy of individuals visiting pro.resound.com/en. Personal information that an individual submits to us on a voluntary basis, including health and/or eCommerce profiles, mailing list subscription, and any other requests found on the Site will be used for the sole purpose for which it was submitted. All personally identifiable information submitted helps us better shape the health care information, content or services we provide to meet the preferences of our audience.
9.4. pro.resound.com/en incorporates technology to collect non-personal information about our visitors. This technology is designed to provide regularly updated site statistics. Such information allows us to better assess which resources on our site are used more often and how we can help to meet the needs of our audiences.
9.5. For full description of our privacy policy, please visit https://www.resound.com/en/privacy
10. Web site Disclaimer
10.1. This site may include educational information related to certain ailments, physical conditions and their treatment. Any such information should not and may not be used as a substitute for a medical diagnosis or treatment. You should seek the advice of your physician or other qualified health care provider prior to starting any treatment or if you have any questions related to your health, physical fitness or medical conditions. GNH is not engaged in the provision or practice of medical, nursing, or health care advice or services. GNH DOES NOT WARRANT THE COMPLETENESS, CORRECTNESS, TIMELINESS, USEFULNESS OR ACCURACY OF ANY OF THE INFORMATION PROVIDED ON THIS SITE. It is your responsibility to verify all information before relying on it.
10.2 GNH does not review the content of links to the pro.resound.com/en and cannot take responsibility for such content. You are advised to use discretion and judgment in browsing pro.resound.com/en and any sites related or linked to it. The Internet contains material which may be inappropriate or sexually explicit, may be offensive to you, or may contain inaccurate information which may violate copyright, libel or defamation laws.
10.3 If you purchase merchandise or services from third parties or websites, GNH is not a party to that transaction and has no liability or responsibility with respect to that transaction. NOTHING CONTAINED IN THIS SITE SHOULD BE CONSTRUED AS CONSTITUTING ANY PRODUCT WARRANTY OR AS EXPANDING OR OTHERWISE MODIFYING ANY PRODUCT WARRANTY. SEE YOUR HEARING AID DISPENSER FOR DETAILS REGARDING GNHS LIMITED PRODUCT WARRANTY.
10.4 GNH cannot warrant or guarantee that any downloaded files from this site or from any site linked to it are free from error, viruses, or other destructive properties. You agree to assume all risk in downloading files or in retrieving any information from pro.resound.com/en or any sites related or linked to it. You acknowledge that you have been advised that you should take all necessary steps to protect your computer and files from erasing, destruction, corruption or other malfunction.
11. Indemnity
11.1 You agree to indemnify and hold GNH, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GNH by any third party due to or arising out of or in connection with your use of the Site.
12. Governing Law; Dispute Resolution
12.1 These terms and conditions shall be governed by the Laws of Denmark without reference to its choice of laws rules. Each party hereby irrevocably consents to the exclusive jurisdiction of and venue in the courts of Denmark with respect to any claim, action or proceeding arising out of or in connection with these terms and conditions or the transactions contemplated hereby.