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TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1 Formation of the contract
1.1 These terms of sale apply to all goods supplied by Hearing Products International Limited, registered in England and Wales under company registration number 02531653 whose registered office is at Echo House, 26 Haigh Park, Haigh Avenue, Stockport, SK4 1QR (referred to as “we” or “us” or “our”).
1.2 No contract exists between you and us for the sale of any goods we offer for sale (“Goods”) until we have received and accepted your order by either sending you confirmation in writing or by email to the address or email address you have given or by dispatching the Goods to you. Once we do so, there is a binding legal contract between you and us.
1.3 The contract is subject to your right of cancellation (see below).
1.4 We may change these terms of sale without notice to you in relation to future sales.
1.5 By placing an order with us you warrant that you are of 18 years of age and are legally capable of entering into binding contracts.
2 Description and price of the goods
2.1 The description and price of the Goods you order will be as shown in our current catalogue or on our website at the time you place your order.
2.2 The Goods are subject to availability. If on receipt of your order the Goods you have ordered are not available in stock, we will inform you as soon as possible, and either refund or recredit you for any sum that has been paid by you or debited from your credit card for the Goods or offer you alternative Goods which are as close to the original item as possible.
2.3 Every effort is made to ensure that prices shown in our current catalogue or shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the Goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the Goods, as shown in the section of our catalogue or website about delivery.
2.5 The price of the goods and delivery charges are inclusive of VAT. VAT relief may be available on the Goods on completion of the appropriate form available either in our catalogue or on our website. Out VAT registration number is GB 606 4762 40.
3 Payment
Payment for the Goods and delivery charges can be made by any method shown in the our current catalogue or on our website at the time you place your order.
4 Delivery
4.1 The Goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom (Channel Islands, Scottish Highlands and Northern Ireland) are not covered.
4.2 If delivery cannot be made to your address or can not be made within 30 days of your order, we will inform you as soon as possible, and either refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery or agreed an alternative date for delivery of the Goods.
4.3 If you order Goods from us for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes together with all handling charges, shipping costs and insurance which may apply to your order. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
4.4 If an order for delivery to an address in mainland Britain is received by us by 2pm on a Monday to Friday (excluding bank holidays and the period between 23rd December and 2nd January), the Goods in question are in stock and your payment has been received in cleared funds then we will usually dispatch the Goods the next working day.
4.5 Delivery of some Goods may be by a service which requires a signature on receipt. If there is no one at the address given who is competent to accept delivery of the Goods and provide the required signature, you will be notified of an alternative delivery date or a place to collect the Goods. You will be responsible for any extra delivery charges associated with any such re-delivery.
4.6 When you receive your order it is your responsibility to examine the Goods carefully for any damage and to check they are the correct Goods. If any damage is present or you have received the wrong Goods please notify us at the earliest possible opportunity. If signing for the Goods and the parcel and/or the Goods are damaged, please sign for the Goods and mark the delivery note “Received Damaged”
4.7 Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
4.8 You will become the owner of the Goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
5 Your right of cancellation
5.1 You have the right to cancel the contract at any time up to the end of fourteen working days after you receive the Goods (see below). A working day is any day other than weekends and bank or other public holidays.
5.2 To exercise your right of cancellation, you must give written notice to us by hand or post, fax or email, at the address, fax number or email address shown on our website or in our catalogue, giving details of the Goods ordered and (where appropriate) their delivery. You will then be given a Return Merchandise Authorisation number (“RMA”) which must be enclosed and quoted when you return the Goods to us.
5.3 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to us at Echo House, 26/27 Haigh Park, Stockport, Cheshire, SK4 1QR. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
5.4 Once you have notified us that you are cancelling the contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods. We will usually refund any money received from you using the same method originally used by you to pay for the Goods.
5.5 If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
6 Warranty
6.1 All Goods supplied by us will be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for 12 months from the date of supply other than batteries which have a 30 day warranty. This warranty, and nothing with these terms of sale, shall affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
6.3 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify us in writing at the address, fax number or email address set out in our catalogue and on our website.
6.4 No warranty, representation or guarantee is given that any Goods will restore hearing to normal capacity and you are advised to consult a qualified medical practitioner (initially and on an on-going basis) to ensure that the Goods are suitable for your use (and continue to be so over time).
6.5 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased.
6.6 This clause 6 does not include or limit in any way our liability:
6.6.1 For death or personal injury caused by our negligence;
6.6.2 Under section 2(3) of the Consumer Protection Act 1987;
6.6.3 For fraud or fraudulent misrepresentation; or
6.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.7 To the extent the law allows, we shall not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data.
7 Returns
7.1 When you return Goods to us for any reason other than in accordance with your right of cancellation (as set out at clause 5 above), for instance because you claim that the Goods are defective, you will need to follow the procedure at clause 7.2 below. We will examine the returned Goods and will notify you of your refund via e-mail or writing within a reasonable period of time. Goods returned by you because of a defect will either, at our discretion, be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, or we will supply you with replacement Goods. If we decide to give you a refund we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail or in writing that you were entitled to a refund for the defective Goods.
7.2 When you contact us to return Goods under clauses 7.1 or 7.2 above you will be given a Return Merchandise Authorisation number (“RMA”) which must be enclosed and quoted when you return the Goods to the Supplier. We request that you return the Goods to us as soon as reasonable practicable and along with your proof of payment.
8 Data protection
8.1 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
8.2 We will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address, fax number or email address shown on our website or in our catalogue.
9 Applicable law
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.