Hearing Products International Ltd - Terms and Conditions

These terms and conditions relate to all and any agreement between us when you buy goods/ products from us. Details of what we will supply and the price will be in an e-mail sent to you by us at the time you order - the “order e-mail”.
1 Products
(1) In this agreement the “Goods” or “Products” are those items supplied as detailed on the order e-mail and refers to any item that we have available for sale. All goods are subject to availability.
(2) Products are offered with information provided to the best of our ability, based on available information and facts, including manufacturers’. Opinions, statements, recommendations etc shall not form a guarantee or warranty and we make no representation about any product and you enter into this agreement with that understanding. Particularly, products are not guaranteed to restore hearing to normal capacity.

2 Ordering
(1) You can order by fax, e-mail or on our website.
(2) Orders are subject to acceptance by us and in accordance with these terms and conditions. Submission of an order or e-mail is not acceptance or confirmation of your Order
(3) Upon receipt of your Order we will process your payment and check stock availability. If we are unable to supply the goods, we will inform you of this within 7 days and advise of when the goods will be available or make a refund.
(4) Despatch of goods to you is our acceptance of your order and denotes completion of our contract with you unless the order is cancelled or we have notified you otherwise
(5) We reserve the right to suspend the supply of goods at any time, without notice. We also reserve the right to supply a substitute (this will be as close to the original item as possible) where necessary.

3 Abide By Terms
By making use of our organisation and its products you will be deemed to be aged 18 or over, are not under any disability which would impair judgement or use of the site or products, that you have read and understood these terms and conditions and agree to be bound by them. If you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.

4 Payment
(1) The price of the goods is as displayed on our website at the time of purchase.
(2) We reserve the right to increase prices without prior notice, subject to 4(1) above.
(3) All prices are in GBP and include VAT (where applicable) but exclude delivery/shipping charges, unless expressly stated otherwise. You will be advised of delivery charges before completing checkout. Goods can not be collected in person - delivery/shipping charges are always payable. For VAT relief please follow the VAT relief link on the home page
(4) Payment for goods must be made on placing an order by Visa, MasterCard, Maestro, Switch, Solo, Delta, or other method we specifically agree.
(5) We deem payment received and cleared when it has been processed and either transferred to and reached our account or authorised by your payment provider as we, at our discretion, determine.
(6) Goods are despatched when we have cleared payment. The title in any goods will not pass to you until we have received full payment
(7) For security our website uses encryption. If you require any details of this please e-mail us at info@hear4you.com .

5 Delivery
Any delivery charges quoted are for delivery to addresses in to mainland Britain. Please refer to our Delivery Policy You need a link to that policy here

6 Returns
In the very unlikely event that you need to return any product, you must follow our Returns Policy You need a link to that policy here

7 Guarantee
(1) Subject to your compliance with the other clauses within these Terms and Conditions, and excluding normal wear and tear and dry cell batteries, we offer a 12 month warranty for consumer use goods and 90 days for those used for industrial or other commercial purposes.
(2) This guarantee will, at our sole and absolute discretion, either provide for repair of replacement of the goods or refund of the price you paid.
(3 When relying on this guarantee please contact us and we will advise you of the procedure.

7 Intellectual property & use
(1) Use of the website is at your own risk and by licence only for personal use and you acknowledge and agree that all copyright, and all other intellectual property rights in all content shall remain at all times vested in us or our licensors and you agree that you will not, nor will you assist any other person or organisation to, breach copyright in any way whatsoever.
(2) We can not guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect use nor will we be held responsible or liable for such, including any effects such as data losses. The Site is provided on an “as is” and “as available” basis.
(3) We have made every effort to ensure that products are displayed as accurately as possible but can not be responsible for variations. What you see depends on your monitor and settings and we can not guarantee this will be accurate.

8 Liability Disclaimer
(1) To the extent that the law allows we are not responsible for any loss, incidental or consequential damage, or loss arising out of purchase, any use, errors, mistakes, accident, theft or fraud, destruction, or any part of the supply of goods or use of our website.
(2) In the unlikely event that we would be held liable for anything whatsoever then, to the extent that the law allows, any aggregate liability whatsoever shall be limited to 100% of the amount paid by you for the goods involved in the incident or series of related incidents.
(3) We take all reasonable precautions to keep order details secure, but we cannot be held liable for any losses caused as a result of unauthorised access to information you provided
(4) You are responsible for providing, accurate, correct and up-to-date information and we will not be held responsible for any losses whatsoever in this regard.
(5) We do not intend to affect your statutory rights as a consumer

9 Responsibility and Misuse
(1) You agree that you will solely be responsible for your use of any goods provided to you and that you will use the products legally and only for the purposes that they are intended to be used for and at all times in accordance with any manufacturer’s instructions, advice, suggestion and information and will not misuse them nor use them negligently.
(2) It is your responsibility to ensure that all products are suitable for your use. We always recommend that you consult a qualified medical practitioner (initially and on a regular basis as suggested by your own qualified medical practitioner), particularly as to use and any allergy/reaction/side-effect you personally (or any user) may suffer as a result of use of any product and as to how product use may combine adversely (contra-indicate) with any other products or medications you use.
(3) You specifically agree to immediately consult a qualified medical practitioner if you experience any side-effects or contra-indications in using any product.
(4) You specifically accept that effectiveness of any goods will also be dependant on correct and effective use, storage, inspection and periodic routine maintenance.
(5) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.

10 Your information & data protection
You are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be stored and used in accordance with the current Data Protection Act and other relevant legislation within England and Wales. Please refer to our Privacy Policy You need a link to that policy here

11 Assignment
(1) Any rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you. A copy of these terms will be admissible in any dispute or in any proceedings.
(2) We reserve the right to assign and/or sub-contract all or any part of the supply of goods but if we do this it will not affect your rights under any agreement.

12 Electronic Ordering and/ or goods
(a) You can cancel any order made via our web-site within 7 days of receiving the goods. Please refer to clause 6. We will then refund any amount you have paid within 30 days of receiving your cancellation. When you have made a card payment credit will be made only to the original card you used to make the payment.
(b) However, when purchasing any personalised goods and/or any perishable items you waive your cancellation or refund rights under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 (as amended).
(c) Goods must be returned according to our Returns Policy link to that policy here

13 Time Estimate
We will use all our reasonable endeavours to complete any supply goods within any time estimate that we give. However, we will not be liable for any losses whatsoever because of any delay.

14 Queries, complaints, Notices
(1) Complaints must be in writing to info@hear4you.com and we aim to respond to any queries or complaints within 7 working days. If any complaint may amount to a breach of any term herein then you must allow us 30 days to remedy that breach.
(2) Any notices for must be in writing to our registered office and for you, your address on your last order.
(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.

15 Generally
(1) There terms and conditions supersede any prior representations, understandings and agreements between you and us
(2) We reserve the right to vary our terms and conditions at any time and variation takes effect when they are posted on the website. It is your responsibility to read terms and conditions on each occasion you use or purchase and your continued use of our website shall confirm your acceptance to be bound by the latest terms and conditions
(3) Goods are available on the basis they are for domestic use unless otherwise specifically stated

16 Invalidity
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.

17 Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts