Article 1 – Legal Notices

Auzen SA, whose registered office is located at Rue de la Morâche 5, 1260 Nyon, Switzerland, entered in the Swiss Federal Commercial Register under number CHE-480.303.610.

• Publication director: Jérémie Benhamron
• Customer service: contact@auzen.com

The Website is hosted on Shopify servers.

Auzen SA is the publisher and operator of the website www.auzen.com, which sells products and services related to hearing.

 

Article 2 – General Information

These general terms and conditions define the conditions for using the Website and purchasing products and services. Any account creation and/or order on the Website implies express and unconditional acceptance of these general terms and conditions without this acceptance being conditional on a handwritten signature by the Customer. When placing an order, the Customer declares to have read these general terms and conditions and accepts the associated rights and obligations.

Auzen may suspend an order and the Customer’s account and terminate that account if the Customer fails to abide by these terms and conditions without prejudice to any damages that Auzen may claim.

 

Article 3 – Identification of the Customer

By placing an order on the Website, the Customer declares to be over 18 years old.

It is strongly recommended that the Customer have an ENT medical evaluation report less than six months old to purchase hearing aids. It must be sent to Auzen at the time of ordering.

Customers covered by public or private insurance in their country of residence must have a valid medical prescription for hearing aids. The medical prescription is not mandatory if the Customer does not have or forgoes this coverage.

Only Customers, natural persons who are not merchants, can purchase products on the Website.

To purchase on the Website, the Customer must have previously created an account with a personal ID and password. Any order made using such personal data is deemed to have been made by the Customer, who is then obliged to pay for this order. In the event of loss of such data, the Customer must immediately inform Auzen, who will freeze the account or provide a new password.

 

Article 4 – Ordering on the Website

The Customer must be fully authorized to use their bank card, bank account, or PayPal account to pay for the order. These must provide access to sufficient funds to cover all costs resulting from the acquisition of products on the Website. Depending on the country, the Customer will have the option of using the following payment gateways and partners: Stripe, Klarna, Alma, Splitit, Apple Pay, Cofidis, and PowerPay.

 

PowerPay (Swiss residents only)

A Customer residing in Switzerland may also choose the “purchase on invoice with installment payment” option (POWERPAY). As an independent payment service provider, MF Group/POWERPAY offers the “Purchase on invoice” payment type. The order invoice simply allows you to pay for your online purchase by invoice. If you do not make a payment within the allotted time, you will retroactively receive a monthly invoice with an overview of the order in the following month. Upon conclusion of the purchase agreement, POWERPAY takes over the invoiced claim and handles the payment arrangements. When you make a purchase on invoice, you accept POWERPAY’s general terms and conditions in addition to our general terms and conditions. (powerpay.ch/en/agb). A Customer residing in Switzerland will receive the invoice by email free of charge. With purchase on account, the Customer declares to accept POWERPAY’s general terms and conditions below (powerpay.ch/en/agb) and to have a valid email address.

 

After filling the shopping cart on the Website, the Customer is presented with a summary of the selected products and services in the form of an estimate. The Customer accepts this estimate as legally required by clicking the “Confirm and pay” button. The order will not be final until the payment of the corresponding price and Auzen’s acceptance of the order. When the Customer clicks the “Confirm and pay” button, this constitutes an electronic signature with the same value between Auzen and the Customer as a handwritten signature and is proof of the entire order and that the sums due for its fulfillment are payable.

 

Subject to available stocks, cases of medical exclusions for remote hearing care (for example, excessive hearing loss), and acceptance of the order by the Auzen experts, the Website will confirm the Customer’s order by email as well as its shipment so that the Customer can track its delivery.

A Customer who purchases two hearing aids of the same model through two different orders within 120 days will receive only one free charger, one free box of wipes, one free box of filters, and one free spray.

 

A Customer who has purchased hearing aids and has them adjusted by an outside hearing aid specialist will no longer be entitled to the unlimited adjustment and follow-up service provided by Auzen. In addition, this hearing aid specialist will be the new contact for exercising the manufacturer’s warranty if necessary.

 

Article 5 – Hearing Test

For a hearing aid order to be valid, the Customer must send a hearing test to Auzen for an evaluation of the need for the devices. The Customer may produce this audiogram:

• Using the free hearing screening test on the Website or using an app indicated by Auzen;
• During a consultation with an ENT or general practitioner;
• With the most recent hearing aid specialist who handled the Customer’s case.

 

Article 6 – Prices and Shipping Costs

All indicated product prices include all taxes. The payment terms are specified no later than at the beginning of the ordering process. If the VAT rate changes, the price will be automatically modified without any prior notice other than the date on which the new VAT rate becomes payable.

For special cases of reduced VAT (disability, regional rate, etc.), the Customer should directly contact Auzen, who will send a shopping cart adapted to the Customer’s particular situation.

The shipping costs will be defined specifically for each delivery according to the order amount, the shipment country, or certain remote regions.

Orders are payable in the common currency of the Website.

 

Article 7 – Security

Auzen has set up a verification procedure to prevent fraudulent use of bank details when an order is placed on the Website. As part of this verification, the Customer may be asked to send to Auzen (by mail or email) a copy of both sides of the Customer’s identity card (national identity card or passport) as well as proof of residence less than three months old.

The validation of the order and the shipping of the items will not take place until after the sent documents have been verified. Auzen will refund the order amount if the documents are not received or if unsuitable documents are received. The Website has one of the most effective security systems currently in use. It has adopted the SSL (Secure Socket Layer) encryption process to protect all sensitive data related to means of payment as well as medical data as effectively as possible.

 

 

Article 8 – Conformity of Products and Services, Lack of Availability

Auzen will do its best to ensure that the photographic representation of products or services on the Website is as faithful as possible to the products or services themselves. However, given the digital presentation of the products or services on the Internet, the Customer’s perception of the photographic representation of the products or services may not exactly correspond to the product or service itself.

If there is a discrepancy in the product delivered to the Customer (the delivered product is different from the one ordered, for example, when there is a difference in the model or color), the Customer must contact Auzen so that the discrepancy can be recorded. If the discrepancy is confirmed, the Customer may return the product. The Customer then has the option to:

• Request the repair of the product unless this entails a manifestly disproportionate cost; or
• Request the replacement of the product by requesting delivery of a product of equivalent quality and price within the limits of available stocks.

If the product cannot be repaired or replaced, the Customer has the option to return the product and receive a refund for the price of the ordered product without any cost to the Customer. The refund will then be issued to the Customer within 14 days following the request and as long as Auzen has received the returned product in question. Auzen is responsible for the return costs.

In the event of transport-related damage to the package, the Customer must refuse the package upon delivery or obtain a damage confirmation certificate from the carrier. In any case, the Customer may also return the product to Auzen. The Customer then has the option to:

• Have a product of equivalent quality and price delivered within the limits of available stocks; or
• Have a refund issued to the bank card or bank account for the price of the ordered product within 14 days following the request.

Auzen will cover the cost of delivery of a new product.

The Customer must make a claim by email to contact@auzen.com once the package is received and send the items back within 24 hours according to the return procedure described in Article 11 of these General Terms and Conditions of Sale.

The continuity of Auzen's remote adjustment services can only be ensured if the client has a SmartPhone that is compatible with their hearing instruments and updated with the latest version of the operating system. (Please note that some older compatible smartphones no longer have the ability to install the latest version of the operating system).

 

Article 9 – Place of Delivery

Auzen informs the Customer by email when an order is shipped. The package includes a delivery slip. Auzen will also provide the Customer with the original invoice and all documents necessary for reimbursement by public or private insurance plans if necessary.

The products or services will be delivered to the address indicated by the Customer during the order process.

Notifications for all deliveries are provided by email sent to the email address indicated by the Customer during the order process.

For any order not received at the indicated address, the Customer will be responsible for the cost of resending the package to the new address provided, for example, when the Customer has not claimed the package or when the delivery address provided in the record is incomplete or invalid, resulting in the return of the package to Auzen.

Products ordered on the Website are delivered to the address indicated by the Customer when placing the order on the Website. The Customer has the option to choose the address for the delivery of products.

 

Article 10 – Delivery Time

Upon receipt of the payment and the necessary data (hearing test) to preset the hearing aids, Auzen will do its utmost to deliver the order within 10 days and, in any case, commits to a maximum delivery time of 30 working days from the complete product or service order. Upon receipt of the necessary data, Auzen will provide the Customer with an estimated delivery date, subject to available stocks. If an order is placed other than according to the defined process (order by mail, etc.), Auzen may choose to not process the order or extend the delivery time. Any delivery outside Europe will have an extended delivery time.

To the extent possible, in particular when the delivery delay is attributable to Auzen, the Customer will be notified by email of the order delay and the estimated delivery time. Conversely, in particular when the delivery delay is attributable to the carrier, the Customer may contact Auzen’s Customer Service using the contact details indicated in the “Contact” section of the website and in Article 1 of these General Terms and Conditions of Sale.

The Customer has the right to cancel the order by contacting Customer Service if it has not been delivered within 30 working days after the delivery date indicated by Auzen unless this delivery delay is due to a case of force majeure. Auzen will request a refund from the Customer within 14 working days following the Customer’s cancellation request.

Each delivery is deemed to be completed upon provision of the product to the Customer, in particular by the carrier, as recorded by the control system used by the carrier.

Without prejudice to the period available to the Customer to exercise the right to withdraw defined in Article 12 below, the Customer is responsible for checking shipments once they arrive and to express any reservations and claims that would appear justified or even refuse the package if it may have been opened or if it shows obvious signs of damage. The carrier must be informed of these reservations and claims by registered letter with acknowledgment of receipt within three working days of delivery of the products. A copy must be immediately sent to Auzen’s Customer Service.

 

Article 11 – Product Return Procedure

To return an item, the Customer must first contact customer service by email at contact@auzen.com or by phone.

If Auzen agrees to the return, the Customer receives a return voucher to organize the collection of the items by a carrier. A Customer who arranges the return personally is responsible for the return shipping costs. COD (cash on delivery) returns are not accepted.

The product must be sent as follows:

• Properly protected, in its original packaging, accompanied by all accessories, operating instructions, and documentation;
• Accompanied by the sales invoice so that Auzen can identify the Customer (order number, full name, address, and email address) and issue the corresponding credit note/refund (purchase amount refunded excluding any shipping costs);
• Without the product having obviously been used extensively, i.e., provided that the products do not show any signs of prolonged usage beyond the time required for their testing;
• It must be sent in a tracked package.

The shipping address for returns is:

Auzen – LABO PRO AUDIO

14 Allée de Rousselets

77400

Thorigny-sur-Marne, France

 

Article 12 – Warranties

Manufacturer’s warranty (manufacturing defect):

Products purchased from Auzen will be repaired or exchanged if a defect or manufacturing fault is discovered within four years for a hearing aid or two years for an accessory (chargers, TV box, MicroStream, etc.). A contractual warranty may cover products purchased from Auzen. This is indicated on the invoice for the equipment. To benefit from the contractual warranty on products, it is imperative to keep the product purchase invoice. Contractual warranties do not cover the following:

• replacement of consumables (batteries, headphones, microphone, etc.);
• abnormal or improper use of the products. In this regard, we urge you to read the instructions for use accompanying the products carefully;
• failures related to accessories (power cables, etc.);
• defects and their consequences due to repair work by a technician not authorized by Auzen;
• defects and their consequences related to misuse of the product;
• defects and their consequences due to any external cause.

Auzen Care

Auzen Care is optional coverage for the failure, breakage, theft, or loss of the Customer’s hearing aids. Subscription to this option is valid for a non-renewable period of four years. It takes effect from the date of purchase of the device and expires if the hearing aid is replaced. Auzen Care coverage may be taken out up to 30 days after the date of sale of the hearing aid.

 

In case of breakage, the product must be returned to Auzen in a tracked package for examination in our laboratory. The assessment will determine whether the device is repairable or declared as non-repairable. The cost of repairs (parts and labor) is covered in the event of a repairable failure or breakage. It covers a one-time replacement for theft, loss, or non-repairable breakage. If the hearing aid is replaced, the deductible is 30% of the purchase price at the time it is replaced.

Auzen Care is valid for the hearing aid(s) defined by their serial number(s) on the invoice.

 

30-day “Satisfaction or your money back” guarantee

In addition to the legally required guarantees, all our hearing aids are covered by an additional “Satisfaction or your money back” guarantee offered by Auzen for 30 clear days from the date of receipt of the product at the Customer’s home. A written request for a return must precede all exchanges or refunds. To make such a request, the Customer must contact Auzen by email at contact@auzen.com from the date of receipt of the product (as shown on the postmark). The returned product must be sent in a tracked package and include a written indication of whether the Customer would like an exchange or a refund, along with the complete order reference. Otherwise, the processing of the transaction will be delayed.

For a hearing aid purchase, the package must be accompanied by the invoice. The refund applies to the equipment, excluding any return shipping costs.

The refund will be issued after Auzen has established that the equipment was returned in accordance with the mentioned procedure. The refund will be made to the bank account or bank card associated with the payment within 14 days of this request.

Auzen reserves the right not to apply the 30-day “Satisfaction or your money back” guarantee if the equipment is not returned or if the returned equipment is incomplete or damaged.

 

Article 13 – Anti-Fraud Measures

Auzen is committed to doing its best to combat public or private insurance fraud. Auzen reserves the right to cancel a Customer account found to have been used fraudulently, in particular by requesting a refund from Auzen on purchases on a Website after already receiving reimbursement from insurance.

The Customer is responsible for notifying the public or private insurance institutions of the application of the 30-day “Satisfaction or your money back” guarantee and therefore the cancellation of the order with Auzen.

 

Article 14 – Personal Data

As data controller, Auzen processes personal data (including health data) electronically to process your order.

We have a computerized system for easier management of sales (orders, invoices, and refunds). The personal data provided by the Customer are essential for processing the request but may also be used for surveys or notifications about new products and current offers.

Such data will be kept for five years.

The data recipients are Auzen, the public insurance institution, the supplementary insurance institution, as well as the company Auzen Care and its CRM service provider.

The Customer has the right to access and, if necessary, correct or erase personal data, the right to limit or object to the processing of such data, the right to portability of such data, and the right to withdraw consent by sending a letter by mail or an email accompanied by a copy of an identity document.

Auzen collects personal data relating to any person consulting or using the Website or the recipient of an order. Data is therefore collected, in particular:

• When a person subscribes to the Website’s newsletter;
• When a person creates an account on the Website;
• When the registered Member places an Order on the Website;
• When a person contacts the Website’s Customer Service;
• When a person browses the Website.

The collected data are intended for Auzen’s use. Such data are necessary for processing and managing orders and, more generally, for commercial relations between Auzen and any person consulting or using the Website, in particular in the personalization of the Website according to the preferences expressed while browsing.

By registering on the Website, a person may be informed of offers from Auzen in the form of newsletters, event-related emails, or emails with personalized offers of products and services provided by Auzen. Registered users who no longer wish to receive these offers may inform Auzen at any time by mail or email (contact details are available in the “Contact” section of the Website) or using the “Unsubscribe” link contained in each email sent by Auzen to the email address provided at the time of registration.

Auzen is responsible for processing such data. The data may be transmitted to companies and subcontractors used by Auzen for the services that it offers or under the conditions indicated at the time of collection of data on the Website.

The Customer may exercise the right to personal data access, correction, modification, and deletion by sending a written request by email to contact@auzen.com or by mail to the following address:

Auzen – Service Client

Rue de la Morâche 5

1260 Nyon

Auzen does not sell, offer for sale, or lease any personal data pertaining to its customers to entities outside the group to which it belongs.

The Customer agrees to the storage of personal vision correction data for five years. Such data will not be transferred or disclosed to third parties except in the form of aggregated, non-personal statistics.

 

Article 15 – Website Traffic Data

Certain technical information may be collected as Customers browse the Website, such as their browser version (Chrome, Firefox, Safari, Opera, Internet Explorer, Edge, etc.), the type of operating system used (Linux, Windows 10, Mac OS, etc.), and the IP (Internet Protocol) address of the computer used to adapt the presentation and ergonomics of the Website to the specific technical characteristics of the Customer’s terminal.

In particular, Auzen uses technical cookies essential for the Website to function properly. A Customer who refuses to accept cookies or deletes the stored cookies will no longer have access to several functionalities that are nevertheless necessary to browse certain areas of the Website.

Where applicable, Auzen accepts no responsibility for any consequences of the reduced functioning of the Website resulting from Auzen’s inability to store or consult the functionally necessary cookies refused or deleted by the Customer.

 

Article 16 – Applicable Law – Jurisdiction

Only the French version of the General Terms and Conditions of Sale of the website Auzen.com will be enforced and interpreted according to Swiss law.

In the event of a dispute, the Customer must first contact Auzen to seek an amicable solution. If there is a disagreement, the consumer may resort to a conventional mediation procedure or any other alternative dispute resolution method.

The search for an amicable solution does not interrupt the duration of the contractual warranty or the time limits for bringing a warranty claim.

Failing this, the Swiss courts will have exclusive jurisdiction.

General Terms Conditions of Sale – Version as of November 1, 2022.