When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 14;
Goods: the hearing instruments and other products that we are selling to you as set out in the Order;
Order: your order for the Goods as set out overleaf;
Terms: the terms and conditions set out in this document;
We/Our/Us: UK Hearing Care LLP (registered number OC382667) of Wilson House, Cinnamon Park, Crab Lane, Warrington WA2 0XP.
- Our Contract With You
These are the terms and conditions upon which We supply Goods to you. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate before you sign and submit the Order. When you sign and submit the Order to Us, this does not mean that We have accepted your order for Goods, the contract between Us will come into existence on the earlier of Our written acceptance of your Order or the delivery of the Goods. If We are unable to supply you with the Goods, We will inform you in writing and will not process the Order.
Please note that timescales for delivery will vary depending upon the availability of the Goods. We will contact you with a delivery date usually within 14 days of the Order. Occasionally Our delivery to you may be affected by an Event Outside Our Control, please see clause 14 in relation to this.
The price for the Goods will be on the Order overleaf. Our prices may change from time to time, but price changes will not affect Orders that We have confirmed with you. Unless otherwise specified by or agreed in writing with Us, the price for the Goods is payable by way of an initial deposit on the date of your Order, and the balance payable on fitting.
Under the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 (SI 2013/3134) (“Regulations”) the supply of Goods by Us (being a health care professional or person appearing on a relevant list under regulation 27(2)(b) of the Regulations) is exempt from the cancellation requirements contained within the Regulations.
Save as provided above, you may cancel any Order for Goods at any time before We deliver the Goods by contacting Us. To cancel the Order you need to let Us know that you have decided to cancel, the easiest way to do this is to contact Us on 0800 524 4708 or by writing to Us at the address on the order form. We will confirm your cancellation in writing to you.
If you cancel an Order under this clause 5 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you within 14 days of Our cancellation confirmation.
The terms of this clause 5 do not affect your statutory rights as a consumer in relation to Goods that are faulty or not as described.
- Faulty Goods
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods in accordance with this contract. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms will affect those legal rights.
- Third Party Manufacturer’s Guarantee
The Goods come with a manufacturer’s guarantee. For the period as detailed on the front of this form. This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
Professional and dispensing services are exempt from VAT. The price of the hearing instruments and other products include VAT at the standard rate. If the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full.
- Aftercare Service
For batteries, repairs, service, accessories or any other matter concerning your purchase, hearing and aftercare services please contact Us on 0800 524 4708.
- Statutory Registration
All Hearing Aid Dispensers must be registered with the Health & Care Professions Council and are required to follow their standards of conduct, performance and ethics. Please go to www.hcpc-uk.org for further details.
- Customer Care
If you have a complaint about the service We have provided please, in the first instance, contact Our customer care team on 0800 524 4708 for resolution. We are Hearing Aid Dispensers and members of the British Society of Hearing Aid Audiologists (BSHAA) and Our customer care exceeds all BSHAA obligations.
- Retention of Title
Even though delivery of the Goods is made to you, ownership or title to the Goods shall not be yours until We have received full payment. Until such times as payment has been made We shall be entitled to require you to deliver the Goods to 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 breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you or Us at the time We entered into this contract. The Goods are supplied for domestic and private use. We have no liability to you for any loss of profit, loss of business or business interruption.
We do not exclude or limit in any way Our liability for death or personal injury; fraud or fraudulent misrepresentation or breach of your statutory rights.
- Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control. Where an Event Outside Our Control occurs, We will contact you as soon a reasonably possible to notify you and Our obligations will be suspended for the duration of the Event Outside Our Control. You may choose to cancel the contract if the Event Outside Our Control continues for longer than 14 days.
- Personal Information
We may use the personal information you provide to Us to provide the Goods; process your payment for such Goods; and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. You agree that We may pass your personal information onto Age UK and that they may retain such information for the same purposes. We will not give your personal data to any other third party.
In the event that you have to give any notice under these terms and conditions this must be in writing and sent to the Company address on the order form.
This contract is between you and Us, no other person has any rights to enforce its terms.
Each 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.
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. Please contact our dedicated Customer Service Team on 0800 524 4708 if you require any further information.