The Hearing Space: Terms and Conditions of Supply of Hearing Instruments

1. Definitions

Aftercare means any aftercare services (which may include our Aural Rehab Programme) we have agreed to provide as stated in the Quotation.

Conditions means the standard terms and conditions of supply in this document.

Contract means the contract for the supply of the Hearing Instruments, the Initial Appointment and any Aftercare that we have agreed to provide.

Hearing Instruments means monaural or binaural hearing instruments that we will supply to you, details of which are set out in the Quotation.

Initial Appointment means the appointment for fitting the Hearing Instruments as stated in the Quotation, which is included in the Total Price.

Quotation means our quotation for the supply of Hearing Instruments, the Initial Appointment and any Aftercare that we have agreed to provide.

Total Price means the total price for the Hearing Instruments, the Initial Appointment and any Aftercare which is stated to be included, all as set out in the Quotation.

The Total Price includes any VAT. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Information about us

We are The Hearing Space Ltd (registered number 11723066), whose registered office is at 305 Roundhay Rd, Leeds, LS8 4HT. You can contact us using the details set out below.

3. Basis of sale

We shall supply you with the hearing instruments in accordance with our quotation. The Total Price includes us providing the Initial Appointment, supplying the Hearing Instruments and providing any Aftercare, which is included in the Quotation. You agree to pay the Total Price on the date of fitting. These Conditions shall govern the Contract to the exclusion of any other terms and conditions. No variation to these Conditions shall be binding unless we agree in writing.

4. Guarantee

Unless otherwise stated, we will supply you with a 2-year manufacturer’s guarantee for the hearing instruments from the fitting date. 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. Unless the Quotation states that a 5-year guarantee is already included in the Total Price, you may pay the additional amount stated in the Quotation to extend your guarantee to 5 years. Please note that this must be paid when you order the Hearing Instruments, and this extended guarantee is not available for you to purchase separately later. 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 them 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:
a) If you do not handle or care for the Hearing Instruments in accordance with any instructions which we have given to you;
b) If you accidentally damage the Hearing Instruments;
c) If an unauthorised party makes repairs or adjustments; or:
d) 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.

5. 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 30 days from the fitting date. You must return the Hearing Instruments to us in good condition (which means that they have not been damaged and have only been subjected to everyday 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 fee of £350. 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. If the Hearing Instruments must 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.

6. Legal right to cancel – home visits only

If you enter into a Contract at your home as part of a home visit and not at one of our clinics, you have a statutory right to cancel the Contract within 14 days in addition to the non-statutory right set out in paragraph 5. Please note that this statutory right does not allow you to return Hearing Instruments, hearing protectors or moulds which have become unsealed after supplying due to health protection and hygiene reasons. We will therefore not supply sealed Hearing Instruments to you following a home visit until after the end of the 14-day statutory cancellation period. If you wish to cancel a Contract entered into in your home, 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 consultation that we have already supplied. If you change your mind after the end of the 14-day statutory cancellation period and after Hearing Instruments have been supplied, you may return them under our Goodwill Returns Policy as set out in paragraph 5.

7. Responsibility for the Hearing Instruments

You are 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 reject the Hearing Instruments under paragraph 5, they will remain your responsibility until we have received them back. You will own the Hearing Instruments once you have paid the Total Price.

8. Liability

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:
a) 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 to our negligence and our liability shall not exceed the Total Price; and:
b) 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.

9. Aftercare services

If Aftercare is not included in the Quotation and you require any follow-up or aftercare consultations after the Initial Appointment, please contact us for details of our additional charges for aftercare consultations. Any drawings, descriptive matter or advertising issued by us regarding any Aftercare and/or contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Aftercare. They shall not form part of the Contract or have any contractual force.

10. 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 any of the following contact details: Paul Shaw, The Hearing Space, Suite 8, 15 Hawthorn Rd, Leeds, LS7 4PH.

E : hello@thehearingspace.co.uk      T : 0113 8730444                M: 07999 738588

11. Data protection

We will use your personal information that you provide to us to supply goods and services to you and will process your personal data in accordance with our Privacy Policy (a copy of which is available on request).

12. 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.hcpc-uk.org.uk).

13. General
14. a) Nothing in these Conditions affects your statutory rights.
    b) 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.
    c) No one other than a party to this Contract shall have any right to enforce any of its terms.
    d) This Contract shall be governed by English law. You and we both agree to the exclusive jurisdiction of the English courts.