OUR TERMS OF SUPPLY FOR THE PROVISION OF ENDOSCOPIC EARWAX REMOVAL SERVICES
YOUR ATTENTION IS DRAWN TO CLAUSE 11 REGARDING THE NON-REFUNDABLE BOOKING FEE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we will supply endoscopic earwax removal services to you (“services”).
1.2 Why you should read them. Please read these terms carefully before you make an appointment with us. These terms tell you who we are, how we will provide 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. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bridgitte Harley Hearing Care Limited a company registered in England and Wales. Our company registration number is 09158896 and our registered office is at P.O. Box 501, The Nexus Building, Broadway, Letchworth Garden City, Herts SG6 9BL.
2.2 How to contact us. You can contact us by telephoning us on 01923 372101 (Radlett office) or 01462 506074 (Hitchin office) or by writing to us at either our Radlett office or our Hitchin office or at email@example.com.
2.3 How we may contact you. If we have 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 in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you (or will refund you for any payments made). This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of services you have specified.
3.3 We only provide services in the UK. Our website is solely for the promotion of our services in the UK.
IMPORTANT INFORMATION ABOUT THE SERVICES
3.4 The scope of these terms and conditions. Although we are able to provide other services in connection with the care of your hearing, these terms and conditions only relate to our supply of endoscopic earwax removal services to you. Please contact us for details of our other services.
3.5 Other treatments may be more suitable for removing earwax. There are other ways to remove earwax which may be more suitable some of which are summarised in our brochure which can be found here. Although it is entirely at your discretion as to whether or not to seek to make an appointment, we strongly recommend that you only order our services if either:
(a) you already unsuccessfully tried using eardrops to remove the earwax; or
(b) your doctor has recommended that you order our services; or
(c) you have previously used our services and wish to obtain further services.
3.6 It may not be appropriate for us to supply endoscopic earwax removal services. At the start of your appointment, we will carry out a clinical assessment of your requirements. We reserve the right not to supply endoscopic earwax removal services in any of the following circumstances (in which case you will not be entitled to a refund of the booking fee as this is payable in relation to clinical time which you have booked):
(a) if in our reasonable opinion there is no build-up of earwax which necessitates the provision of endoscopic earwax removal services; or
(b) if in our reasonable opinion there is a referable condition (such as a severe infection), in which case we will advise you to make an appointment to see the relevant specialist); or
(c) if in our reasonable opinion it is unsafe or inappropriate to provide the endoscopic earwax removal services for any other reason.
3.7 Further treatment may be necessary. We can never guarantee that one appointment will fully resolve your problem. We may recommend that further appointment(s)/ treatment is advisable, in which case we will advise you of the additional charges for such appointment(s).
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 – Your rights to end the contract).
5. PROVIDING THE SERVICES
5.1 One-off services. We will provide the services on the date and at the time of your appointment.
5.2 We are not responsible for delays outside our control. If our supply of the services 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 substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
5.3 If you do not attend the appointment. Subject to Clause 7.1, if you do not attend your appointment in order for us to perform the services as arranged, we cannot guarantee that we will be able to reschedule your appointment and you will not be entitled to a refund of the booking fee as this is a genuine estimate of the clinical time which will we will lose as a result of your failure to attend on time/ at all.
5.4 Reasons we may delay the supply of services to you. We may have to delay the supply of a services to:
(a) deal with technical problems or make minor technical changes; or
(b) amend the services to reflect changes in relevant laws and regulatory requirements;
6. YOUR RIGHTS TO END THE CONTRACT
6.1 If you have just changed your mind about the services. Although you may be entitled to a refund if you change your mind about the services within 14 days of your receipt of our confirmation of your order, you will only be entitled to a refund of the booking fee if we receive your notification of cancellation of the appointment not later than 72 hours before the appointment is due as the booking fee is a genuine estimate of the clinical time which will we will lose as a result of your cancellation.
6.2 When you don’t have the right to change your mind. You do not have a right to change your mind in once the services have been completed, even if the cancellation period is still running.
6.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you will not be entitled to a refund of the booking fee as the booking fee is a genuine estimate of the clinical time which will we will lose as a result of your cancellation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01923 372101 (Radlett office) or 01462 506074 (Hitchin office) or email us at at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at the address where your appointment is due to take place, including details of your appointment and your name and address.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for the services at any time by writing to you if:
(a) you do not pay the booking fee at the time you make your appointment; 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 services; or
(c) you do not attend your appointment to allow us to supply the services.
8.2 You will not receive a refund of your booking fee if you break the contract. If we end the contract in the situations set out in Clause 9.1 you will not be entitled to a refund of the booking fee as the booking fee is a genuine estimate of the clinical time which will we will lose as a result of your cancellation.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone US on 01923 372101 (Radlett office) or 01462 506074 (Hitchin office) or email us at email@example.com or write to us at the address where your appointment is due to take place. Alternatively, please speak to one of our staff in-clinic.
9.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. You can ask us to repeat or correct any service which is not carried out with reasonable care and skill, or get some money back if we can’t correct it. Nothing in these terms will affect your legal rights.
9.3 Problems can be caused by treatment for earwax. Whilst earwax removal is generally safe, occasionally problems can arise either immediately or within a few days of the earwax removal, some of which are summarised in our brochure which can be found here.
10. PRICE AND PAYMENT
10.1 The price for the services. The non-refundable booking fee (which includes VAT) for securing an appointment for 30 minutes clinical time is £50. Should you require services in respect of both ears during your appointment, we will charge an additional £30 (which includes VAT).
10.2 Additional price of goods. During the provision of the services, we may recommend that you purchase products in order to assist with your treatment. We will confirm the price of any such products to you prior to providing these.
10.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards. As mentioned in Clause 11.1, you must pay a non-refundable booking fee of £50 at the time of your booking. We will invoice you for the balance of the price of the services (if any) together with products (if any) when we have completed provision of these, which must be paid before you leave the clinic where the services are provided.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
13.1 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.2 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.
13.3 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 services, we can still require you to make the payment at a later date.
13.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.