By accessing or using hearwellnz.com, placing an order, or purchasing any products from HearWell NZ, you agree to be bound by these Terms. If you do not agree, do not use our website or purchase our products.
PART 1 — Terms of Service
Acceptance of Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the website following any changes constitutes acceptance. You confirm you are at least 18 years of age or have parental/guardian consent.
1. Products and Pricing
All products are subject to availability. Prices are listed in New Zealand Dollars (NZD) and include GST. We reserve the right to modify prices without prior notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.
HearWell NZ hearing aids are personal sound amplification products designed for individuals with mild to moderate hearing loss. They are NOT medical devices and are NOT intended to replace professional medical advice, diagnosis, or treatment. If you have concerns about your hearing, consult a qualified healthcare professional.
2. Orders and Payment
By placing an order you are making an offer to purchase. We reserve the right to refuse or cancel any order at our sole discretion. Orders are not confirmed until payment is successfully processed. An order confirmation does not constitute guaranteed acceptance. We reserve the right to cancel orders where fraud is suspected.
3. Third-Party Logistics & Supply Chain
HearWell NZ utilises third-party logistics providers and international supply chains to fulfil orders. Customers acknowledge that:
- Fulfilment may be handled by third-party logistics partners
- Products may ship from locations outside New Zealand
- Component or inventory delays may occur without prior notice
- Pre-orders and backorders may take up to 30 business days or longer
- Minor packaging or cosmetic variations between batches may occur and do not affect product performance or warranty
4. Force Majeure
HearWell NZ is not liable for any delay or failure resulting from circumstances beyond our reasonable control, including acts of God, pandemics, government actions, transport disruptions, cyber attacks, or shortage of materials. Delivery dates are automatically extended by the duration of such events without liability.
5. Limitation of Liability
To the fullest extent permitted by New Zealand law, HearWell NZ shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim shall not exceed the amount you paid for the product. We are not liable for any hearing damage or health issues resulting from improper use. Nothing in these Terms excludes liability that cannot be excluded under the Consumer Guarantees Act 1993.
6. Indemnification
You agree to indemnify and hold harmless HearWell NZ and its owners, directors, employees, and affiliates from any claims, damages, costs, and expenses arising from your use of the website or products or your violation of these Terms.
7. Intellectual Property
All content on this website is the property of HearWell NZ or its licensors. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
8. Dispute Resolution
Contact us first at support@hearwellnz.com with a written description of your dispute. If not resolved within 30 days, both parties agree to good-faith mediation before legal proceedings. All disputes resolved on an individual basis — no class actions. Any claim must be filed within one (1) year of the cause of action arising.
9. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes are subject to the exclusive jurisdiction of the New Zealand courts.
10. Severability
If any provision is invalid or unenforceable, the remaining provisions continue in full force.
Product Imagery, Packaging & Branding Disclaimer
IMPORTANT NOTICE: All product images, photographs, graphics, and visual representations displayed on this website are for illustrative purposes only and may not accurately reflect the actual product you receive.
- Product packaging, labels, logos, branding, colours, and overall appearance may differ significantly from what is shown on this website
- We frequently update our packaging, branding, and product specifications without prior notice
- Products may be sourced from third-party manufacturers and suppliers who may supply products with different packaging, label designs, or branding than those depicted on our website
- Colour variations may occur due to screen display settings, photography lighting, and printing processes
- Promotional or lifestyle imagery may include props or visual elements not included with the product
- HearWell NZ accepts no liability whatsoever for any discrepancy between website imagery and the actual product delivered
- Receipt of a product with packaging, labels, logos, or branding that differs from website imagery does not constitute grounds for a refund, return, or exchange under any provision
- We make no warranty or representation that products will match website imagery in any respect
By placing an order, you expressly acknowledge and accept that the product you receive may differ materially in appearance, packaging, labelling, or branding from the images displayed on this website, and you irrevocably waive any and all claims, demands, or causes of action arising from such differences.
11. Contact
HearWell NZ
Email: support@hearwellnz.com
PART 2 — Shipping & Returns Policy
IMPORTANT: By placing an order with HearWell NZ you acknowledge and agree to be bound by these terms. This policy forms part of our Terms of Service.
1. Delivery Timeframes & Disclaimers
All delivery timeframes are estimates only and are not guaranteed. Actual times may vary due to destination, carrier constraints, peak periods, weather, or other factors outside our control. HearWell NZ expressly disclaims any liability for delays. Delays do not constitute grounds for cancellation or refund.
Standard estimates (from dispatch):
- New Zealand Urban: 3-7 business days
- New Zealand Rural/Remote: 5-12 business days
- Australia: 7-21 business days
- Rest of World: 14-45 business days
2. Processing Times
Orders are processed within 2-5 business days of payment confirmation, subject to stock availability, payment verification, fraud screening, and address verification. Business days exclude weekends and NZ public holidays.
3. Shipping Costs
Free NZ shipping is available on qualifying orders. Free shipping offers are subject to minimum order thresholds, eligible products, standard shipping only, and selected regions. May be withdrawn or modified at any time without notice.
4. Customer Responsibilities
You are solely responsible for providing accurate, complete, and current delivery information. HearWell NZ is not liable for failed or delayed delivery due to incorrect information. Reshipping fees apply where redelivery is required due to customer error. Risk of loss passes to you upon delivery to the carrier.
5. Failed Deliveries
If a package is returned due to failed delivery, incorrect address, or refusal:
- Reshipping fees apply at your expense
- If reshipping is not arranged within 14 days, the order may be cancelled and a partial refund issued minus shipping, handling, and restocking fees
6. Lost or Damaged in Transit
Lost packages: Contact us if tracking shows no movement for 10+ business days (NZ) or 21+ business days (international). We will assist with carrier claims but do not guarantee refund or replacement pending investigation.
Damaged in transit: Report within 48 hours of delivery with photos of damaged packaging and product and your order number. Claims after 48 hours may not be honoured.
7. Change of Mind
We do not accept returns for change of mind. All sales are final unless a product is confirmed faulty under the Consumer Guarantees Act 1993.
8. Unauthorised Returns
Returns sent without a valid RMA number will be refused and returned to sender at your expense, or disposed of without refund.
PART 3 — Refund Policy
IMPORTANT: By completing your order you acknowledge that you have read, understood, and agree to ALL terms of this Refund Policy. This policy is strictly enforced without exception.
Part A: Change of Mind Returns (Voluntary Policy)
Change of mind returns are offered at HearWell NZ's sole discretion as a customer courtesy and are not required by law.
A.1 Eligibility — All conditions must be met
Timing:
- Return request within 14 calendar days of PURCHASE date (not delivery date)
- Time in transit does not extend this window
- Requests after 14 days automatically declined without exception
- Maximum one (1) return per customer per 12-month period
Product Condition:
- Completely unopened — all factory seals, shrink wrap, and safety seals fully intact
- Original packaging — all boxes, inserts, and protective materials present and undamaged
- Completely unused — no signs of use, fitting, testing, or handling
- All accessories, documentation, and promotional items included
- All labels, barcodes, and serial numbers present and legible
- Serial numbers must match our sales records — mismatched or altered serial numbers result in automatic rejection
Product Exclusions — NOT eligible regardless of condition:
- Ear tips, domes, or any components removed from sealed packaging
- Products with any broken hygiene seal
- Products showing any signs of use or fitting
- Batteries, cleaning supplies, and consumable accessories
- Final Sale or Clearance items
- Bundles or multi-packs
- Items purchased with promotional codes, gift cards, or store credit
- International orders
- Products purchased more than 90 days prior
A.2 Required Documentation — All must be submitted
Requests without complete documentation will be rejected without review:
- Order number and proof of purchase
- Photos AND video evidence showing all sides of sealed unopened product, intact seals, legible serial numbers, and original outer packaging
- Written explanation of reason for return (minimum 50 words)
- Signed statutory declaration confirming product has never been opened, used, worn, or tested
A.3 Return Authorisation (RMA)
All returns require prior written authorisation. Do not ship anything before receiving an RMA number. RMA numbers are valid for 7 calendar days. Unauthorised returns refused and returned at your expense or disposed of without refund.
Upon approval you will receive:
- RMA number
- Return shipping instructions
- Packaging guidelines
A.4 Return Shipping
All return shipping costs are at your expense. Use a tracked and insured service. HearWell NZ is not responsible for returns lost or damaged in transit. Ship within 7 calendar days of RMA approval.
A.5 Fees & Deductions Applied to All Approved Returns
- $109 NZD non-refundable administration fee
- 15% restocking fee on original product price
- Original shipping costs — non-refundable
- Free shipping recovery — actual shipping cost incurred (minimum $8.99 NZD) deducted if order had free shipping
- Payment processing fees (approximately 2.9% + $0.30 NZD)
- Promotional value recovery — retail value of any free gifts deducted unless returned
Example: $149 product − $109 admin fee − $22.35 restocking − $8.99 shipping = approximately $8.66 maximum refund before processing fees.
A.6 Refund Method
All approved refunds are issued at HearWell NZ's sole discretion as store credit or refund to original payment method. Store credit is the default. Refund to original payment method only in exceptional circumstances as determined by our team. Store credit does not expire.
A.7 Inspection & Processing Timeline
- RMA review: 3-5 business days
- Inspection upon receipt: 7-10 business days
- Refund processing after approval: 14-21 business days
- Additional bank processing time may apply
Part B: Consumer Guarantees Act Rights
B.1 Your Statutory Rights
Under the Consumer Guarantees Act 1993, goods must be of acceptable quality, fit for purpose, match description, be safe and durable, and free from defects. These rights exist separately from our voluntary policy above and cannot be excluded.
B.2 Establishing a Fault Claim
To claim under the CGA you must demonstrate:
- Product was purchased from HearWell NZ (proof required)
- A fault exists that was present at time of supply
- Fault is not caused by misuse, accident, abnormal use, or failure to follow instructions
- Fault is not fair wear and tear
Required evidence — all must be submitted:
- Order number and proof of purchase
- Written description of fault (minimum 100 words)
- Photos AND video evidence clearly demonstrating the issue
- Timeline of when fault was first noticed
Insufficient evidence results in delays or rejection pending further documentation.
B.3 Assessment Process
Our team reviews within 10 business days. We may request additional information, product return for inspection, or independent assessment. We determine eligibility, appropriate remedy, and cause of fault before any action.
B.4 Remedies
Minor failures: HearWell NZ may repair, replace, or provide store credit at our choice.
Substantial failures: You may reject goods for refund or keep goods and receive compensation for reduction in value.
B.5 CGA Exclusions — NOT Covered
- Normal variations in product appearance or colour
- Damage from accident, misuse, neglect, or abnormal use
- Failure to follow instructions
- Damage from water immersion (products are water-resistant, not waterproof)
- Products modified or tampered with
- Lost or stolen devices
- Normal wear and tear including ear tips and wax guards
- Products purchased for commercial or business purposes
- Cosmetic damage not affecting functionality
Part C: General Provisions
C.1 Fraud Prevention
Zero-tolerance for fraudulent claims. We may investigate suspicious return patterns, refuse returns from customers with excessive return history, report suspected fraud to authorities, pursue civil remedies, and blacklist customers from future purchases.
C.2 No Exchanges
We do not offer exchanges. Complete the return process and place a new order.
C.3 All Decisions Final
HearWell NZ's determination of product condition, fault assessment, and return eligibility is final and binding.
C.4 Communication
All return and refund inquiries must be submitted in writing to support@hearwellnz.com. Phone support is not available for return or refund inquiries. Response time: 3-7 business days.
C.5 Policy Modifications
We reserve the right to modify this policy at any time. The policy in effect at time of purchase governs that transaction.
C.6 Governing Law
Governed by the laws of New Zealand. Nothing in this policy limits rights under the Consumer Guarantees Act 1993.