PRONOUNCE® TERMS OF SALE
These are the Terms of Sale ("Terms") that apply between you and SOUND FOR LIFE LTD., a Hong-Kong corporation whose principal place of business is at Unit 1618, Miramar Tower 132 Nathan Road Tsim Sha Tsui, Kowloon, Hong-Kong, when you purchase Pronounce® devices or accessories from SOUND FOR LIFE ("Device").
Please read the Terms carefully. By ordering or purchasing a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order or purchase a Device, or if you already have a Device, return the Device in accordance with its return policy.
You agree that in order to process your order and to protect you and SOUND FOR LIFE LIMITED from fraudulent transactions, SOUND FOR LIFE LIMITED may provide your order information to reputable third parties to perform address verifications and make deliveries.
While your Device may be manufactured our sold by a third party, SOUND FOR LIFE LIMITED will provide initial support for questions relating to:
- Existing orders
- Defective Devices
- General technical support for the Device
For assistance, please contact SOUND FOR LIFE LIMITED: firstname.lastname@example.org
Ordering and Payment
When you place an order, you permit SOUND FOR LIFE LIMITED to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes).
SOUND FOR LIFE LIMITED reserves the right to reject your order. For example, SOUND FOR LIFE LIMITED may reject your order if you do not live in a country where a delivery can be made or you order more than the permitted maximum number of Devices.
When your order is accepted by SOUND FOR LIFE, we will send you an email which will include details of your order and a second email which will include the delivery agent details, the tracking number of delivery and the serial number of the device that you should refer to if you have any follow up queries. The serial number will also be printed on your device.
You are informed that SOUND FOR LIFE LTD is a company based in Hong-Kong and the payment is processed in Hong-Kong country. International payment may be subject to fees applied by your bank institution. We invite you to contact your bank to know more about their fees policy for international payment.
At this time, deliveries cannot be made to P.O. boxes and/or military addresses. When placing an order, please make sure to provide a valid shipping address. Also, please be sure to use caution when shipping orders to commercial locations, as SOUND FOR LIFE is not responsible for lost packages that have been successfully delivered.
We may not be able to deliver to all locations such as RUSSIA or many AFRICAN countries for example. SOUND FOR LIFE may, at its discretion, decline to ship Devices to certain addresses. If SOUND FOR LIFE chooses not to ship a Device, we will send you notice and you will not be charged for your order. If a charge has already been made for items that are not shipped, that charge will be reversed using your initial payment method.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to SOUND FOR LIFE or his representative. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping and handling (or such charges will not be reversed) which will be automatically estimated to 20% of the global price of your order (including taxes). If a Device is not successfully delivered for any other reason you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact the delivery agent with your tracking number. It may take 24 hours for DHL to return any information for your tracking number.
If the delivery agent is not able to inform you about your device shipment, please contact our support department at email@example.com. Please send us by email the serial number, tracking number and a report of your contact with the delivery agent.
We have signed an agreement with a delivery agent. We are doing our best effort to deliver the device as within 5 businesses starting the day after payment. In case the delivery agent is not able to find the place of delivery you mentioned in your order, he will try to reach you by phone or email. It is your responsibility to answer to his demand.
Once device has been ordered, SOUND FOR LIFE cannot redirect shipments which you have sent to an incorrect or erroneous address. DHL permits redirection in limited circumstances. If DHL has unsuccessfully attempted to deliver your package, find the tracking number in your confirmation email, contact DHL customer support and ask that your package be held for pickup in a local shipping facility.
If you're having difficulty locating a package marked as delivered, please confirm via your tracking number details of the package delivery. After doing so, we recommend checking with housemates or coworkers to see if someone else accepted your delivery. If you're still unable to locate your package, please contact UPS directly for further assistance and reference the name of the signature that accepted the package.
Prices, Taxes and duties
The Device price displayed on the site pronounce.com does not include any shipping and handling charges. Information about shipping and handling charges will be presented at checkout.
All shipment charges will be presented at checkout, even if they are not displayed on the product page. All prices displayed on the Pronounce website are INCOTERM DAP (Delivered At Place) and subject to change at any time without notice.
Local or customs duties can be requested by administration depending of your location. You will not be informed of the amount of the duties during the payment procedure. You agree to take in charge these duties with no possibility of being reimbursed by SOUND FOR LIFE.
We try very hard to make sure there are no mistakes in the prices that appear on the site. In the unlikely event that a mistake happens you agree that SOUND FOR LIFE will not be bound by that incorrect price. If a mistake is discovered and you have been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Devices that we specify from time to time. For example, the pronounce website may contain a maximum order limit of 3 devices per person. The Device may be subject to import and export laws and regulations in specific countries. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use. You may only use the Device in accordance with the instructions that come with it, including instructions that may be available on line.
Unless, you have received a written and limited specific authorization from SOUND FOR LIFE, itself, YOU MAY NOT COMMERCIALLY RESELL ANY DEVICE
PRONOUNCE® is exclusively sold for a personal use. YOU ARE NOT AUTHORIZED TO RELEASE, RENT OR RESALE THE DEVICE OR TO MAKE ANY OTHER COMMERCIAL ACTIVITY WITH THE DEVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE PRONOUNCE® OR ANY DEVICE PRESENTED IN THE PRONOUNCE® WEBSITE ARE EDUCATIONAL DEVICES; THEY ARE NOT THERAPEUTICAL OR MEDICAL EQUIPMENT AND THERFORE YOU CANNOT EXPECT FROM THE USE OF THIS DEVICE THERAPEUTICAL OR MEDICAL IMPROVEMENT.
YOU UNDERTSAND AND AGREE THAT SOUND FOR LIFE DO NOT GUARANTEE ANY RESULTS FROM THE USE OF THE DEVICE.
PRONOUNCE® AND OTHER DEVICES PRESENTED BY SOUND FOR LIFE HAS NOT RECEIVED AGREEMENT FROM FDA OR ANY OTHER MEDICAL PUBLIC ADMINSTRATION.
YOU UNDERTSAND AND AGREE THAT THE INFORMATION AVAILABLE IN THE WEBSITE PRONOUNCE.COM AS WELL AS ANY INFORMATION SEND WITH THE DEVICE ARE PURELY PEDAGOGICAL INFORMATION AND YOU CANNOT BE CONSIDERED AS THERAPEUTICAL OR MEDICAL INFORMATION OR ADVICE.
PRONOUNCE CONTAINS SMALL PIECE OF EQUIPMENT AND IS NOT DESIGNED FOR CHILDREN UNDER 6. PRONOUNCE® MUST BE USED UNDER THE CONTROL OF AN ADULT.
If for any reason you do not wish to keep your Device, you have up to 30 days from the date the Device is delivered to you to cancel your purchase of the Device and your contract with SOUND FOR LIFE. If you exercise your right of cancellation and the Device has been delivered to you, you are responsible for returning the Device as soon as possible and at your own cost. To initiate a return please contact firstname.lastname@example.org and obtain a return authorization. Upon SOUND FOR LIFE's receipt of the returned Device, SOUND FOR LIFE will issue a refund using your initial payment method minus any applicable shipping and handling and restocking fees.
You must take reasonable care of the items that you wish to return, and we request that you return the Device with its original packaging and any accessories. Upon SOUND FOR LIFE's receipt of the returned Device, SOUND FOR LIFE will issue a refund within a reasonable time.
During the warranty period described in the limited Product warranty part, if the Device is or becomes defective through no fault of your own, please contact email@example.com Subject to the Device warranty, SOUND FOR LIFE, in its sole discretion, may offer a replacement Device or may refer you to the applicable manufacturer of the Device for warranty support. If SOUND FOR LIFE chooses to provide you with a replacement Device, you agree that SOUND FOR LIFE may exchange the defective Device with either a new or refurbished Device.
Subject to the device warranty, the defective device will be replaced within a period of 15 days shipment included after reception of the defective device.
Limited Product Warranty
This limited warranty is provided by SOUND FOR LIFE for the PRONOUNCE® Device, and is only valid and enforceable in countries where the Device is sold through Pronounce website or Pronounce affiliation number holder.
This limited warranty applies only to hardware components and SOUND FOR LIFE does not provide any warranty for damage caused by accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), unauthorized resale, transfer, lease, rental, gift, or commercial use. This limited warranty does not guarantee that used of the Device will be uninterrupted or error free.
The warranty is not applied if the serial number printed on the device is not readable for any reason imputable to the client.
EXCLUSIVE REMEDY: We warrant the Device against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will, at our option, either (i) repair the Device using new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund the purchase price of the Device. This limited warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period or for ninety days, whichever is longer. All replaced parts and Devices for which a refund is given will become our property.
Please contact firstname.lastname@example.org for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your name, contact information, and the serial number of your Device. In certain situations, you may also be required to provide a purchase receipt.
THE LIMITED WARRANTY WRITTEN ABOVE IS THE ONLY EXPRESS WARRANTY SOUND FOR LIFE PROVIDES FOR THE DEVICE, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUND FOR LIFE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICE, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR a PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE TWO-YEAR PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUND FOR LIFE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “SOUND FOR LIFE PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE, WHETHER OR NOT a SOUND FOR LIFE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOUND FOR LIFE PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID SOUND FOR LIFE FOR THE DEVICE.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No employee or representative of SOUND FOR LIFE or its affiliates or any third party is authorized to make any modification, extension or addition to this limited warranty. If any term of this limited warranty is held to be illegal or unenforceable, the remaining terms of this limited warranty will remain in full force and effect.
This limited warranty gives you specific legal rights, and you also may have other rights which vary from State to State.
This warranty cannot be applied if the product has been used in a Professional practice.
Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES REFERRED HERE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUND FOR LIFE AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR a PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUND FOR LIFE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "SOUND FOR LIFE PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOUND FOR LIFE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SOUND FOR LIFE UNDER THESE TERMS.
Governing Law and Jurisdiction
The courts in some countries will not apply Hong-Kong law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where Hong-Kong law is excluded from applying, your country's laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of Hong-Kong, China excluding Hong-Kong's choice of law rules, will apply to these Terms and any disputes arising out of or relating to them. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Hon-Kong County, China, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in Hong-Kong jurisdiction and you and SOUND FOR LIFE consent to personal jurisdiction in those courts. Notwithstanding this, SOUND FOR LIFE reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for a Device will apply to such order and Device. SOUND FOR LIFE reserves the right to make changes to these Terms or the applicable Device Specific Addendum from time to time, and any such changes will take effect immediately, except that changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders. You may view the current version of the Terms on the Pronounce website.
Events beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.