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: the order form for the Goods as set out overleaf;
Terms: the terms and conditions set out in this document;
We/Our/Us: Claritas Health Ltd (registered number 08364706) of 103 Dalton Avenue, Birchwood Park, Warrington WA3 6YF.
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 these Terms 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 14in 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 when you agree to accept the Goods at the time of fitting.
The supply of Goods by Us that are made to your specifications or clearly personalised (“Personalised Goods”) are exempt from the cancellation requirements contained within the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 (SI 2013/3134) (“Regulations”). This means that unfortunately for Personalised Goods (e.g. customised hearing instruments), you will not be able to cancel an Order once the Contract exists. For all other Goods, you may cancel any Order at any time during the 14 days after the day on which you receive the Goods. To cancel the Order you need to let us know that you have decided to cancel – the easiest way to do this is to complete the cancellation form provided. We will confirm your cancellation in writing to you.
If you cancel an Order under this clause 5, you must return the Goods to us at your own cost (without undue delay) within 14 days of telling us you have decided to cancel, otherwise we may refuse to reimburse you. If you have paid for the Goods, We will refund these amounts to you within 14 days from receipt of the Goods from you (or evidence that you have sent them) less any loss in value of the Goods if they have been used or damaged. If you chose a more expensive method of delivery, we will not be required to reimburse you for any delivery costs in excess of the standard delivery cost. You will lose your right to cancel if you open the packaging of any sealed Goods that were sealed for health protection or hygiene reasons.
These Terms do not affect your statutory rights as a consumer including your rights in relation to any Goods (including Personalised Goods) that are faulty or not as described.
As a consumer, you have legal rights in relation to Goods (including Personalised Goods) that are faulty or not as described. We are under a legal duty to supply Goods in accordance with the 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. If you wish to reject the Goods, you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage for faulty or misdescribed Goods.
The Goods come with a manufacturer's guarantee for the period as detailed in the Order. This guarantee is in addition to your legal rights in relation to the Goods (including Personalised 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.
For batteries, repairs, service, accessories or any other matter concerning your purchase, hearing and aftercare services please contact us on 0845 287 5372.
All Audiologists 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.
If you have a complaint about the service We have provided please, in the first instance, contact our customer care team on 0845 287 5372 for resolution. We are Audiologists and members of the British Society of Hearing Aid Audiologists (BSHAA) and our customer care exceeds all BSHAA obligations.
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 return the Goods to us at our expense.
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 the 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.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract 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 as 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 and receive a refund if the Event Outside Our Control continues for longer than 14 days.
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 unless the law requires us to do so.
In the event that you have to give any notice under these Terms this must be in writing and sent to Us at our address in clause 1.
The Contract is between you and Us, no other person has any rights to enforce its terms.
Each of the sentences of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sentences 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 resident in Scotland, you may also bring proceedings in Scotland. Please contact our dedicated Customer Service Team on 0845 287 5372 if you require any further information.