1. Lenire Terms and Conditions
1.1 What these terms cover. As with any shopping experience, there are terms and
conditions that apply to transactions with Neuromod Medical Limited trading as Ótologie, related to the purchase of Lenire. These are the terms and conditions on which we supply products and services to you. All orders for products and services shall be deemed to be an offer by you to purchase the products and services pursuant to these terms and conditions. Payment for products and services shall be deemed conclusive evidence of your acceptance of these terms and conditions.
We reserve the right to further modify these terms from time to time either
upon written notification to you by email, or by posting any changes on our website
www.otologie.com (the Website).
Our Privacy & Cookies Policy https://www.otologie.com/data-privacy/ and our
Website also apply to these terms. You need to be at least 18 years old to place orders
on the Website.
1.2 Why you should read them. Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will supply products and services
to you, how you and we may change or end the contract, what to do if there is a problem
and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Neuromod Medical Limited trading as Ótologie a company registered in Ireland. Our
company registration number is 653075 and our registered office is at The Digital Hub,
Unit J, Digital Court, Rainsford Street, Dublin 8, D08 R2YP, Ireland.
2.2 How to contact us. You can contact us by telephoning our customer service team at
+353 (1) 253 1448, by emailing us at email@example.com, or by writing to us at
Ótologie, Suite 36 Hermitage Medical Clinic, Old Lucan Road, Dublin
20, D20 W722, Ireland.
2.3 How we may contact you. If we need to contact you we will do so by telephone or by
writing to you at the email address or postal address you provided to us.
3. OUR PRODUCTS AND SERVICES
3.1 Our contract with you shall cover the following treatment plan as chosen by you:
3.2 Lenire® product – comprising Lenire® controller, Lenire® Tonguetip® (including
replacements sold by us to you) (the Product);
3.2.3 Lenire® accessory – over-ear headphones (manufactured by Harman AKG) sold in
conjunction with the Product and Services (as defined below) by us to you (the Accessory);
3.3 The Routine Consultations will be performed online using a standard video conferencing
system or in-clinic visits.
3.4 The Product, the Accessory, and the Services are sold together as the Lenire® System.
3.5 We may change the Product, the Accessory and/or the Services to reflect changes in
relevant laws and regulatory requirements and/or to implement technical adjustments and
3.6 WE ONLY SELL TO PRIVATE INDIVIDUALS WHO HAVE BEEN RECOMMENDED
TREATMENT WITH LENIRE® FOLLOWING AN INITIAL TINNITUS ASSESSMENT
PERFORMED BY NEUROMOD MEDIAL LIMITED TRADING AS ÓTOLOGIE, OR AN INDEPENDENT TRAINED
AUDIOLOGIST/ENT SPECIALIST. Individual results may vary with respect to
effectiveness of the Lenire® System in circumstances where you provide us with any
independent tinnitus assessment. We may request verification of any or all details on
information and/or assessments provided, and/or request that you attend at our clinic for
the purposes of undergoing further assessment.
3.7 If you chose not to avail of an initial consultation with Neuromod Medical Limited trading as Ótologie before you proceed with the Lenire® System, you are responsible for visiting an independent
trained audiologist/ENT specialist for a comprehensive examination to identify and assess
any specific issues you have and understand your treatment options to address issues
personal to you.
3.8 Further consultations. If you require further personal consultations after the purchase of
the Lenire® System, these can be arranged by contacting us as set out in Clause 2.2.
Please note additional charges may apply for these further consultations and additional
3.9 Our brochure and Website are solely for the promotion of our Products and Services in
3.10 Use of the Product. The Product is customised for your use and your use only. The
Product shall not be provided by you for use by any other person. Any such use will
invalidate your warranty. Details of your warranty are found in Clause 9.The Product shall
be used strictly in accordance with the Instructions for Use provided to you with the Product.
3.11 Health Screening Questionnaire. You will be asked to complete a Health Screening
Questionnaire (via telephone, email, or on attendance at our Clinic) prior to purchasing a
Treatment Plan. The Health Screening Questionnaire allows us to assess your eligibility for
treatment, suitability for treatment and the basis of your personalized Lenire® System.
Submitting your Health Screening Questionnaire means that you have read and agreed to
our Privacy & Cookies Policy.
4. OUR CONTRACT WITH YOU
4.1 When a contract comes into existence. A contract will come into existence between you
and us when a) we send you a link to a quote, you order one of our Treatment Plans as
listed in Clause 3.1, and we provide you with confirmation of receipt of your order, or b)
when we inform you that your appointment for a fitting visit at our Clinic has been accepted.
5. PROVIDING THE PRODUCT AND SERVICES
5.1 When we will provide the Product and the Accessory. The Product and the Accessory
will be forwarded to the address you have provided to us for delivery via a courier service.
If you have requested a fitting consultation at our Clinic, the Product and Accessory will be
provided to you at your fitting visit in our Clinic.
5.2 Shipping. Delivery and shipping charges are applicable to all orders outside of the
Republic of Ireland (Delivery Charges). The Delivery Charges will be notified to you at the
time of your purchase. If you are located outside of the Republic of Ireland you will be
responsible for any customs duties, clearance charges, taxes, and other amounts payable
in connection with the importation and delivery of the Products.
5.3 Force Majeure. We will not be liable if we are prevented or delayed in performing our obligations under these terms due to circumstances of Force Majeure. For the purposes of this Section, the term “Force Majeure” means “acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, pandemic, epidemic, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors”. If delivery of the Product or the Accessory is delayed by an event outside our control then we will contact you as soon
as possible to let you know and we will take steps to minimise the effect of the delay.
Provided we do this we will not be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to end the contract and receive a refund for the Product and/or the Accessory you have paid for but not received.
5.4 Collection by you. If you have asked to collect the Product and the Accessory from our
Clinic after you have presented for your fitting visit, you can collect the Product and the
Accessory from us at a mutually convenient time to be agreed by you and us, during normal
5.5 If you are not at home when the product is delivered. If there are any issues with
delivery, please contact us to resolve the matter. If you do not collect the Product and the
Accessory from us as arranged or if, after a failed delivery to you, you do not re-arrange
delivery or collect them from us, we will contact you for further instructions and may charge
you for storage costs and any further delivery costs. If, despite our reasonable efforts, we
are unable to contact you or re-arrange delivery or collection we may end the contract.
5.6 Shortages or damage claims. Claims for errors in delivery or defects apparent on visual
inspection must be made in writing to us within 7 days of receipt of the Product and the
Accessory. We will send you a replacement order but you must return the damaged goods,
together with all packaging for us to inspect.
5.7 Returns. All returns shall be shipped at your expense (unless we have agreed otherwise in
writing with you) and must be properly packaged as instructed by us.
5.8 When you become responsible for the Product and the Accessory. The Product and
the Accessory will be your responsibility either (i) on the date of delivery to you at the
address you have provided to us, or (ii) if you attend at our Clinic for a fitting consultant,
from the time the Product and the Accessory is customised to your hearing profile and the
sealed Tonguetip® pouch is opened.
5.9 When you own the Product and the Accessory. You own the Product and the Accessory
once we have received payment in full.
5.10 Reasons we may suspend the supply of the Lenire® System to you. We may have to
suspend the supply of the Lenire® System to:
5.10.1 deal with technical problems or make minor technical changes; or
5.10.2 update the Product to reflect changes in relevant laws and regulatory requirements.
5.11 We may suspend or withdraw the Lenire® System. We will, where reasonably possible,
and unless the problem is urgent or an emergency, contact you in advance to tell you that
we will be suspending or withdrawing supply of the Lenire® System. Subject to the
provisions of Clause 6.4, we will refund any sums you have paid in advance for the Lenire®
System which will not be provided by us.
5.12 Updates to the device settings. The device settings on your Product may require to be
changed at or after your 6 weeks consultation, which may result in you being without
treatment for a period of up to two weeks from when we receive your Product for updating.
You shall not be entitled to end the contract as a result of updates required to the device
settings for your Product. If you decline to return your Product for updating, please note
your treatment outcome may be affected.
5.13 Results will vary. Every person is different and a number of factors can affect your
response to treatment. We do not guarantee a successful treatment outcome and further
treatment may be required. Individual results will vary.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 Pay Upfront. If you select Payment Option 1 ‘Upfront Purchase’ you are benefitting from an
8% discount in consideration of making a single upfront payment. Accordingly, subject to the
provisions of Clause 8, in the event that you decide to terminate this contract, the upfront
payment is non-refundable.
6.2 Pay by Visit. If you select Payment Option 2 ‘Pay by Instalments’ you may terminate this
contract at least 14 calendar days prior to any scheduled payment. Subject to you returning
the Product and Accessory in reasonable condition, any unpaid instalments will not fall due.
If the Product and Accessory is not so returned and/or you do not provide the notice referred
to above, subject to the provisions of Clause 8, you shall be liable to pay any further
instalments still outstanding under Payment Option 2. There shall be no refund or return of
instalments already paid.
6.3 To cancel your contract. You must inform us of your decision to cancel the contract in
writing by sending notice to firstname.lastname@example.org.
6.4 Your rights if we suspend or withdraw the supply of the Lenire® System. You may
contact us to end the contract if we suspend or withdraw it or tell you we are going to suspend
or withdraw it, in each case for a period of more than 1 month.
7.OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract at any time by writing
to you if:
(a) you do not make any payment to us or we are unable to collect payment from you
when it is due and you still do not make payment within 10 days of us reminding
you that payment is due; and/or
(b) you do not, within a reasonable time of us asking for it, provide us with information
that is necessary for us to provide the relevant Treatment Plan.
8. PRICE AND PAYMENT
8.1 Where to find the price for the Treatment Plan. The total price of the Treatment Plan
(which includes any applicable VAT) will be the prices set out in Appendix 1 for each
applicable Payment Option, unless we have agreed another price in writing with you.
8.2 When you must pay and how you must pay. We accept payment by all major credit and
debit cards. You must pay for the Lenire® System in accordance with the Payment Option
you have selected, together with any associated Delivery Charges (where relevant). You
will provide us with valid and updated credit/debit card information and shall authorise us to
charge such credit/debit card for (i) the Initial Consultation (if applicable), and/or (ii) the
Lenire® System in accordance with the Payment Option you have selected. The person
placing the order must be the credit/debit card holder or have the credit/debit card holder’s
authorization. You are responsible for providing complete and accurate billing and contact
information to us and notifying us of any changes to such information.
8.4 We can charge interest if you pay late. If you do not make any payment to us and/or if we
are unable to collect any payment from you by the due date we may charge interest to you
on the overdue amount at the rate of 4% a year above the base lending rate of Bank of
Ireland from time to time. This interest shall accrue on a daily basis from the due date until
the date of actual payment of the overdue amount, whether before or after judgment. You
must pay us interest together with any overdue amount.
9. OUR RESPONSIBILITY
9.1.1 We warrant that:
(a) at the time of sale, we have title to sell the Product to you;
(b) the Lenire® controller shall function in accordance with its intended use (subject to it
being used strictly in accordance with the Instructions For Use provided with the
Product) for a period of 3 years; and
(c) the Lenire® Tonguetip® (and any replacement Lenire® Tonguetip®s purchased from
us) shall function in accordance with its intended use (subject to it being used strictly
in accordance with the Instructions for Use included in Appendix 2) for a period of 180
hours of use or 3 years after first use, whichever is shorter. Lenire® Tonguetip®s shall
cease to operate after 180 hours of use.
9.1.2 You warrant that each time you submit or provide information to us, such information,
including any tinnitus assessment provided by you to us, is true and accurate and can be
9.2 Remedy. Subject to Clause 9.5, if we are in breach of the warranties given under Clause
9.1.1, our liability shall be limited to:
9.2.1 replacement of the Product concerned; or
9.2.2 at our option, reimbursement of the price applicable to that Product.
9.3 Your misuse and negligence. We shall not be responsible nor shall we have any liability to
you, where the Product (or part thereof) malfunctions due to your negligence or misuse
(including but not limited to use of the Product in contravention of the Instructions for Use)
and we shall not be under any obligation to replace or repair the Product (or part thereof)
9.4 No other liability. Subject to Clause 9.5, we shall have no further liability to you other than
as described in Clause 9.2, whether under these conditions of sale or on any other basis
including liability in tort, as a result of the sale of the Treatment Plans. Neither Neuromod Medical Limited trading as Ótologie, nor any employees, agents, representatives, suppliers, contractors, subcontractors, consultants, successors or assigns, has, can, or will make any guarantees as to the success of your treatment outcome using the Lenire® System or give any assurances of any kind concerning any particular result of your treatment outcome using the Lenire® System .
9.5 We do not exclude or limit in any way our liability to you where it would be unlawful
to do so. Nothing in this contract shall exclude or limit our liability for death or personal
injury resulting from our negligence, nor shall the contract operate to exclude or limit any
statutory rights which cannot be legally excluded or limited, including the statutory rights of
9.6 Not authorised to resell devices. As the Lenire® System is individually customised for
each individual patient’s medical requirements, the Product (or part thereof) may not be
sold or transferred to a third party. In the event that it comes to our attention that the Product
(or part thereof) has been resold or transferred, we reserve the right to terminate this
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will only use your personal information as set out in our Privacy & Cookies
Policy. A copy of our Privacy & Cookies Policy can be found on our website at
11. INTELLECTUAL PROPERTY
11.1 Neuromod Devices Limited (the authorised manufacturer of the Product) owns all
intellectual property rights in the Product and nothing in this contract shall imply any transfer
or licence to you or to Neuromod Medical Limited trading as Ótologie of such rights.
12. OTHER IMPORTANT TERMS
12.1 Transfer of this Agreement. We may transfer our rights and obligations under these terms
to another organisation. You need our consent in writing to transfer your rights to someone
12.2 Nobody else has any rights under this contract. This contract is between you and us.
No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or if we delay in
taking steps against you in respect of your breaking this contract, that will not mean that you
do not have to do those things and it will not prevent us taking steps against you at a later
date. For example, if you miss a payment and we do not chase you but we continue to
provide the Treatment Plan, we can still require you to make the payment at a later date.
12.5 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by Irish law and are subject to the exclusive jurisdiction of the Irish courts.