NUANCE AUDIO™ - TERMS AND CONDITIONS OF SALE
Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to You as a user of ca.nuanceaudio.com (the “Website”) and purchaser of goods (“You”), and govern Your purchase of Nuance Audio™ Glasses (“Products”) from EssilorLuxottica Canada Inc. and its subsidiaries and affiliates (collectively “EssilorLuxottica,” “we” or “us”), as owner of the Website. These terms are subject to change without prior written notice at any time, in EssilorLuxottica’s sole discretion. By placing an order for products through the site, You agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon Your agreement to these terms of sale, as well as our terms of use, returns policy, warranty policy and privacy policy (“Additional Policies”).
This Website is directed at users in Canada only (and ships product to Canada only).
INFORMATION ABOUT THE WEBSITE AND THE PRODUCTS
a. We try to make sure that all information on the Website, including descriptions of our Product(s) and listed prices, is accurate and always correct. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if We think that such an error has affected Your order, We will make reasonable efforts to notify You via the contact information You provided to us on Your account or during Your order.
b. (Not applicable to Quebec residents) Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of Product(s) as shown on the Website will depend on many factors – including Your display settings; (ii) the actual sizes and shapes of the Product(s) may differ from how they appear on Your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all Product(s) are subject to availability and We may not be able to supply Your order; (v) We will do our best to arrange delivery of Your Product(s) within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all Product(s) and promotions that are potentially offered on the Website will be available in-store, and vice versa. We reserve the right to adjust prices, Product(s) and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the Product(s) and its color(s), textures, size as well as Your face and facial features and the fit of the glasses.
c. If at any time You have any questions or concerns, please contact us at the information found at the following link: https://ca.nuanceaudio.com/pages/contact-us
NUANCE AUDIO™ GLASSES
WARNING: If You are younger than 18, do not use this. You should go to a doctor, preferably an ear-nose-throat doctor (an ENT), because Your condition needs specialized care. Our over-the- counter assistive listening glasses are only for users who are age 18 or older.
WARNING: When to See a Doctor
If You have any of the problems listed below, please see a doctor, preferably an ear-nose- throat doctor (an ENT).
• Your ear has a birth defect or an unusual shape. Your ear was injured or deformed in an accident
• You saw blood, pus, or fluid coming out of Your ear in the past 6 months
• Your ear feels painful or uncomfortable
• You have a lot of ear wax, or You think something could be in Your ear
• You get really dizzy or have a feeling of spinning or swaying (called vertigo)
• Your hearing changed suddenly in the past 6 months
• Your hearing changes: it gets worse then gets better again
• You have worse hearing in one ear
• You hear ringing or buzzing in only one ear
Note: The Nuance Audio™ Software and firmware (FW) are compatible with the Nuance Audio™ Glasses (smart glasses) delivering the same amplification to each ear. IT IS RECOMMENDED THAT YOU SEE A DOCTOR, PREFERABLY AN EAR-NOSE-THROAT DOCTOR IF YOU HAVE WORSE HEARING IN ONE EAR BEFORE USING AN OTC ASSISTIVE LISTENING DEVICE.
Caution: The sound output should not be uncomfortable or painful.
- You should turn down the volume or remove the device if the sound output is uncomfortably loud or painful. If You constantly need to turn the volume down, You may need to further adjust Your Nuance Audio™ Glasses preset or volume settings.
Note: If You remain concerned, consult a professional.
- If You try this device and continue to struggle with or remain concerned about Your hearing, You should consult with a hearing healthcare professional.
Caution: This is not hearing protection.
You should remove this device if You experience overly loud sounds, whether short or long- lasting. If You’re in a loud place, You should use the right kind of hearing protection instead of wearing this device. In general, if You would use ear plugs in a loud place, You should remove this device and use ear plugs.
Note: What You might expect when You start using an assistive listening device
- You should know it will not restore normal hearing, and You may still have some difficulty hearing over noise.
- Further, it will not prevent or improve a medical condition that causes hearing loss.
- People who start using assistive listening devices sometimes need a few weeks to get used to them. Similarly, many people find that training or counseling can help them get more out of their devices.
Note: Tell Health Canada about injuries, malfunctions, or other adverse events associated with Your use of the device.
To report a problem involving Your assistive listening device, You should submit information to Health Canada as soon as possible after the problem. Health Canada calls them “adverse events” and they might include: skin irritation in Your ear, injury from the device (like cuts or scratches, or burns from an overheated battery), sudden hearing loss from using the device, etc.
Instructions for reporting are available on Health Canada’s website.
LICENSE GRANT. EssilorLuxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use any software embedded in the Product(s) solely for Your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with these Terms of Sale. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Product(s) in any manner not expressly permitted herein.
PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Tool, unless otherwise indicated, are owned, controlled, and licensed by EssilorLuxottica. Nuance Audio™ Glasses”, the “Nuance Audio™ Glasses” logo(s), and all other names, logos, and icons identifying Nuance Audio™ Glasses are proprietary trademarks of EssilorLuxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Product(s) may be the trademarks and/or service marks of their respective owners.
RESTRICTIONS. You are solely liable for the use made of the Product(s). EssilorLuxottica waives any liability in regard to Your use of the Product(s), the results and/or the data You acquired with it. WE ALSO ENCOURAGE YOU TO OBTAIN PROFESSIONAL/COMPREHENSIVE AUDIOLOGY SERVICES BASED ON EQUIPMENT FROM MEDICAL INSTITUTIONS AND AUDIOLOGISTS. THE PRODUCT(S) AND ANY INFORMATION PROVIDED TO YOU BY US AS A RESULT OF YOUR USE OF THE PRODUCT(S) ARE BEING PROVIDED TO YOU SOLELY FOR YOUR INFORMATIONAL BENEFIT AND CONVENIENCE.
PURCHASING PRODUCT(S)
a. Placing Your Order
i. Once You have selected the Nuance Audio™ Glasses (the “Product(s)” which You would like, You will be asked to register Your personal details with us by completing a registration form. Registration is not required; however, We encourage registration in order to facilitate the checkout process during future orders on the Services.
ii. By placing an order with us, You represent that (i) You are at least eighteen (18) years old, (ii) You are legally capable of signing binding agreements and (iii) You agree to abide by all applicable laws and regulations governing Your use of the Product(s).
iii. When You place an order for a Product via the Website, Your order constitutes an offer to purchase goods from us. Where You order more than one item, Your order comprises a series of offers for each item individually.
iv. After placing an order with us, You will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which You have submitted to the Website. Please take care when placing Your order, as You will be unable to add to or amend Your order after we send the Order Confirmations.
b. Order Acceptance
i. Although we hope to be able to supply the Product(s) ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject Your order, we will notify You as soon as reasonably possible (and, if payment has occurred, we would refund Your payment).
ii. If You submit an order for prescription eyeglasses, You represent that You are not registered blind or partially sighted and accept that You will be required to submit details of a prescription from a suitably qualified person obtained within the last 24 months and, when requested, any other detail of Your current prescription (including any notes on the prescription). Your order will be subject to receipt and verification of such prescription. You consent to us contacting Your optician to verify Your prescription. If considered necessary or appropriate before an order is accepted, we have absolute discretion: (a) to contact directly, or request that You contact, the optician who provided Your prescription to verify and/or discuss Your prescription; (b) to request that You obtain Your pupillary distance measurement from Your optician; or (c) request that You obtain a new written prescription from Your optician.
c. Payment
i. We will take payment from Your credit card, Paypal account and other future forms of payment available at the time Your order is shipped. You will receive an email or post mail detailing what items have shipped from Your order (the “Invoice Email”). If Your order is split into multiple shipments, we will charge You only for the items actually shipped at that time.
ii. Except where otherwise set out in these Terms of Sale, the price payable by You for the Products(s) is the price given by the Website at the time You place Your order. Applicable taxes and the delivery fee will be added at the time You place Your order, but will not affect the base price of the Products(s).
d. Shipping and Delivery
i. After we send Your Order Confirmation e-mail, we will send You a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that You may use to track Your order on our delivery service provider’s website and obtain an estimated delivery date.
ii. The Product(s) will be delivered by a delivery service provider to the delivery address specified by You during the order process. Once the Products have been delivered to the address You provided, You become the owner of those Products and from that point they will be at Your risk. This means You will be liable for any subsequent damage, loss or destruction.
Please allow up to 9 business days for Your order to process before it ships and 2 more days for delivery. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.
RETURNING OR EXCHANGING GOODS
Please access this link for more information about our Returns Policy: https://ca.nuanceaudio.com/pages/shipping-and-returns
GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Indemnification.
(Not applicable to Quebec residents)
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY INCLUDED WITH THE NUANCE AUDIO™ GLASSES, ESSILORLUXOTTICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PRODUCT(S). THE SERVICES / BENEFITS PROVIDED BY PRODUCT(S) (AND ANY PART THEREOF) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ESSILORLUXOTTICA DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR USE OF THE PRODUCT(S). USERS ARE REQUIRED TO FOLLOW THE USER INSTRUCTIONS.
b. Limitation of Liability.
(Not applicable to Quebec residents)
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSILORLUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ESSILORLUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
c. Health disclaimer. ANY GENERAL HEALTH INFORMATION PROVIDED ON OR ACCESSED THROUGH THIS WEBSITE IS ONLY GENERAL INFORMATION AND IS NOT INTENDED FOR DIAGNOSIS, MEDICAL ADVICE OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. SIMILARLY, ANY HEARING TEST ACCESSED THROUGH THIS WEBSITE IS NOT (AND CANNOT SUBSITUTE) A DIAGNOSTIC HEARING TEST OR MEDICAL ASSESSMENT. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER, PREFERABLY AN EAR-NOSE-THROAT (ENT) DOCTOR.
d. Warranties. AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY ON OUR WEBSITE (I) THIS WEBSITE AND ALL PRODUCT(S) PURCHASED BY YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) ESSILORLUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY PRODUCT(S) PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
e. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
f. Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
g. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.
h. Privacy. Personally identifiable information that You provide to us during the order process will be used in accordance with our Privacy Policy found on our Website.
i. Transfer. EssilorLuxottica may assign, transfer, or subcontract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
APPLICABLE LAW & VENUE
These TOU shall be governed by and construed in accordance with the laws of British Columbia, Canada. Disputes arising in connection with the Terms of Use or use of the Website shall be subject to the non-exclusive jurisdiction of the courts of British Columbia.
