ONLINE TERMS AND CONDITIONS OF SUPPLY OF HEARING INSTRUMENTS
Conditions means the standard terms and conditions of supply set out in this document.
Contract means the contract for the supply of the Hearing Instruments and the Initial Appointments.
Hearing Instruments means monaural or binaural hearing instruments that we will supply to you, in accordance with your order.
Initial Appointments means one appointment for a hearing test, one appointment for fitting the Hearing Instruments and one follow-up consultation.
Total Price means the total price for the Hearing Instruments and Initial Appointments which is inclusive of VAT.
Website means our website at www.thehearingclinic.co.uk.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
- INFORMATION ABOUT US
We are Bridgitte Harley Hearing Care Limited (registered number 9158896) whose registered office address is at PO Box 501, The Nexus Building, Broadway, Letchworth Garden City SG6 9BL, VAT registration number 217 5314 26. You can contact us by using our contact details set out below.
- THESE CONDITIONS
These are the Conditions on which we will supply Hearing Instruments and provide the Initial Appointments to you. Please read them carefully before you submit your order to us. These Conditions tell you who we are, how we will provide products and services to you and other important information. These Conditions shall govern the Contract to the exclusion of any other terms and conditions. No variation to these Conditions shall be binding unless agreed in writing between us and you.
- BASIS OF SALE
Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before you place an order. Please take the time to read and check your order at each page of the order process.
We shall supply the Hearing Instruments and provide the Initial Appointments in accordance with your order. The Total Price includes us supplying the Hearing Instruments and the Initial Appointments. Once you have placed your order via our Website, we will email you to accept it, at which point a contract will come into existence between you and us. We will send you details of how to arrange the Initial Appointments and collect your Hearing Instruments in accordance with your order. Please note that you will need to attend one of our clinics in Hitchin or Radlett for the Initial Appointments and to collect the Hearing Instruments.
If we are unable to accept your order, we will inform you of this as soon as possible and will not charge you for the Hearing Instruments and/or Initial Appointments. If you have already paid for the Hearing Instruments and/or Initial Appointments, we will refund you the full amount as soon as possible by the same method that you paid.
We will supply the Hearing Instruments to you with a 2-year manufacturer’s guarantee from the date of fitting. We will provide you with a copy of this guarantee. The guarantee covers manufacturing defects and mechanical failure in the Hearing Instruments themselves but does not cover consumables such as wax filters, tubing, batteries, new moulds or receivers. You may pay an additional amount as stated on our Website to extend your guarantee to 5 years. Please note that this must be paid at the time you order the hearing instruments and this extended guarantee is not available for you to purchase separately at a later date.
In the event of any defect or failure, please contact us and we will arrange for you to return the Hearing Instruments to us or direct to the manufacturer. The manufacturer may, at its option, either repair or replace the Hearing Instruments. We will provide you with reasonable assistance in taking advantage of the guarantee provided by the manufacturer.
The manufacturer’s guarantee will be invalidated in the following circumstances:
- If you do not handle or care for the Hearing Instruments in accordance with any instructions which we have given to you;
- If you accidentally damage the Hearing Instruments;
- If repairs or adjustments are made by an unauthorised party; or
- If the Hearing Instruments are damaged due to foreign objects entering the device.
This guarantee is additional to and does not affect your statutory rights in relation to faulty or mis-described goods. Advice about your legal rights is available from your local Trading Standards office or Citizen’s Advice Bureau.
- CANCELLATION AND GOODWILL RETURNS POLICY
In the unlikely event that you are not satisfied with the Hearing Instruments, You may notify us that you wish to cancel the Contract and return the Hearing Instruments to us. You are entitled to cancel the Contract and return the Hearing Instruments to us up to 6 weeks from the date of fitting. You must return the Hearing Instruments to us in good condition (which means that they have not been damaged and only been subjected to normal use in accordance with any instructions supplied) and in their original packaging. You may return them to us in person or by post (in which case you must pay the cost of posting the Hearing Instruments to us and are responsible for insuring the Hearing Instruments for their full value in transit).We will refund the Total Price to you less a professional and administration fee of £300. This fee is to cover our costs of supplying and fitting the Hearing Instruments and providing follow-up advice and aftercare consultation services. If you wish to cancel the Contract, please contact us using the contact details set out below or use the Returns Form supplied with the Hearing Instruments.
If the Hearing Instruments have to be returned to the manufacturer for modification or adjustment within 6 weeks of the date of fitting, we will extend the period in which you may cancel the Contract by the number of days you are without the Hearing Instruments.
- LEGAL RIGHT TO CANCEL
In addition to the Goodwill Returns Policy set out above, if you place your order via our Website, you have a statutory right to cancel the Contract within 14 days. Please note that this statutory right does not allow you to return hearing instruments, hearing protectors or moulds which have become unsealed after supply due to health protection and hygiene reasons. We will therefore not supply sealed hearing instruments to you until after the end of the 14 day statutory cancellation period.
If you wish to cancel a Contract placed via our Website, You may do so by giving us notice in writing within the 14 day statutory cancellation period. We will refund you the Total Price less the reasonable costs of any consultations that we have already supplied.
If you change your mind after the end of the 14 day statutory cancellation period and after the Hearing Instruments have been supplied, you may still return them under our Goodwill Returns Policy as set out in paragraph 6.
- RESPONSIBILITY FOR THE HEARING INSTRUMENTS
You will be responsible for the Hearing Instruments from the date of fitting and we advise you to arrange suitable insurance cover for the Hearing Instruments immediately. If you decide to return the Hearing Instruments under paragraph 6, they will remain your responsibility until we have received them back. You will own the Hearing Instruments once you have paid the Total Price and we have supplied and fitted the Hearing instruments.
- PRICE AND PAYMENT
The Total Price (which includes VAT) will be the price indicated on our Website when you place your order. We take all reasonable care to ensure that the prices on our Website are correct. However, it is always possible that, despite our best efforts, a price may be incorrect. We will normally check the price before accepting your order and, if we find a mistake in pricing, we will contact you before we accept your order.
We accept payment by PayPal. The Total Price is payable at the time when you place your order.
Nothing in these Conditions shall restrict or exclude our liability for death or personal injury caused by our negligence, or affect your statutory rights dealing as a consumer.
Subject to this however:
- we shall not be liable to you for any unforeseeable loss or damage that you suffer due to us failing to comply with these Conditions or due to our negligence and our liability shall not exceed the Total Price; and
- we shall not be liable to you or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations under these Conditions, if the delay or failure was due to any cause beyond our reasonable control.
- AFTERCARE SERVICES
We are aware that the fitting of new Hearing Instruments requires a period of adjustment. The Total Price includes one follow-up consultation to assess your progress and to offer any assistance that may be required.
If you require additional follow-up or aftercare consultations, we will be able to supply these at an additional charge – please contact us for details of our charges for aftercare consultations. Alternatively, you may wish to subscribe to our annual aftercare package.
If you choose to purchase an annual aftercare package, you agree to pay the monthly sum notified by us at the start of the package for a period of 12 months by direct debit or continuous card authority via your credit or debit card. On acceptance of your application, we will notify you of the date when each monthly payment will be taken. At least 1 month before your annual aftercare package is due to expire, we will give you the option to renew your annual aftercare package for a further 12 months and notify you of the monthly sum that will be due on renewal. Whilst you continue to pay for your annual aftercare package, you will be entitled to such aftercare as is set out in the aftercare plan details. Please contact us to book all such appointments.
You may cancel your annual aftercare package at any time on one (1) month’s written notice to us. If you cancel your annual aftercare package, you will not be entitled to receive any further aftercare after termination unless you pay our standard charges for aftercare consultations.
- CONTACT DETAILS AND CUSTOMER SERVICE
If you are dissatisfied with the service, if you have a problem with your Hearing Instruments once they have been fitted or if you wish to contact Us for any other reason, please use the following contact details:
Bridgitte Harley, Shephard & Akay Opticians, 5 Churchyard, Hitchin SG5 1HR. Tel 01462 506074; or
Bridgitte Harley, Radlett Opticians, 353 Watling Street, Radlett, WD7 7LB. Tel 01923 372101; or
- DATA PROTECTION
- STANDARDS OF SERVICE
We are registered as a hearing aid dispenser with the Health Care Professionals Council (HCPC) and a copy of the council’s code can be obtained from the HCPC (www.hpc-uk.org.uk). We are also a member of the British Society of Hearing Aid Audiologists (BSHAA) and we conform to the BSHAA Customer Care Scheme.
Bridgitte Harley Hearing Care Limited is authorised and regulated by the Financial Conduct Authority.
- Nothing in these Conditions affects your statutory rights.
- Each paragraph in these Conditions operates separately. If any Court or relevant authority decides that any of them is unlawful, the other paragraphs will remain in full force and effect.
- This Contract shall be governed by English law. You and we both agree to the exclusive jurisdiction of the English courts.
We undertake to provide the highest standards of service, whilst acting responsibly at all times. If however, in the unlikely event that you do have a complaint regarding the credit broking service we provide, please let us know in person, in writing, by phone, email or text message and we will seek to resolve your complaint promptly. If you are not satisfied with our response you may wish to take your complaint to the Financial Ombudsman Service. In order to contact the Financial Ombudsman Service, you should write to them at Exchange Tower, London, E14 9SR or Telephone: 0800 023 4567