TERMS & CONDITIONS
Terms and Conditions of Sale
Please read all these terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- Goods and Specification
- Personal Information
- Basis of Sale
- Price and Payment
- Risk and Title
- Product Replacement
- Product Repair
- Governing Law, Jurisdiction and Complaints
- Liability and Use
1.1 These Terms and Conditions will apply to the purchase of goods by you (the customer), from us (the supplier)
1.2 These are the terms on which we sell all goods to you. By ordering any of the goods on this website: www.tinnitushearingsolutions.com, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
1.3 Before commencement of the services the supplier will outline the specifications of the product being sold and the price payable for each product.
(a) “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document.
(b) “Consumer or customer” means the organisation or person who purchases goods and services from us the supplier Tinnitus Hearing Solutions.
(c) “Goods” means the goods advertised on the Website that we supply to you of the number and description set out in your Order.
(d) “Order” means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website.
(f) “Delivery Location” means the Consumer or Customer address where the Goods are to be shipped to following receipt of payment and order details.
(g) “Website” means our website www.tinnitushearingsolutions.com on which the Goods are advertised.
3. Goods and Specification
3.1 The description of the goods is as set out on the website, catalogue, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, functionality and colour of the Goods supplied. For the avoidance of doubt no description, specification or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.
3.2 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All goods which appear on the Website are subject to availability.
3.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will provide you with notice of these changes.
4. Personal Information
4.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this when you place your order on the Website.
5. Basis of Sale
5.1 The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it. (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
5.4 Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
5.5 No variation of the Contract, whether about description of the Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
5.6 We intend that these Terms and Conditions apply only to a Contract entered into by you a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you which might, in some respects, be better for you, e.g. by giving you rights as a business.
6. Price and Payment
6.1 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
6.2 Prices and charges include VAT at the rate applicable at the time of the Order.
6.3 You must pay by submitting your credit or debit card details or with your Paypal account when placing your Order and we can take payment immediately or otherwise before delivery of the Goods.
7.1 We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
7.2 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
(a) we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
(b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
7.3 If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
7.4 If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.
7.5 If we accept an order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands you will need to pay import duties and taxes.
7.6 If you fail to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.7 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
8. Risk and Title
8.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
8.2 You do not own the Goods until we have received payment in full.
9. Product Replacement & Refunds
9.1 Your rights to receive a replacement product are subject to the following conditions:
(a) The product is not fit for purpose when it arrives e.g. the product arrives in a damaged condition or the product is not as stated in the product description set out on the website page. Product website pictures may not depict the exact nature of the product which arrives but are representative of the product you order. Any discrepancy will be down to an older picture and an upgraded product. The upgraded product will work more efficiently than the older depicted image despite visual inofmation which may appear to suggest otherwise. An examples of this might be tinnitus masker (in ear canal) venting. This does not include damaged packaging which has not effected the functionality of the product.
(b) We receive the product back from you within 14 days of delivery or what we deem as reasonable.
(c) You inform us within 7 days of the product arriving
(d) Products receivers are not included in the product warranty.
9.2 Your rights to receive a full refund of a product.
(a) A full refund will only be provided if there is something wrong with the product and it is deemed unusable from a functional perspective. This does not cover wanting a refund because you decide that you do not like the product for any reason.
(b) You inform us within 7 days of the product arriving
(c) We receive the product back from you within 14 days of delivery or what we deem as reasonable.
(d) If you decide that you If you return a product because you do not like the way it works or design or for any reason that is not related to the product being fit for purpose as stated in the product description you will need to pay a restocking charge of £30.00 per tinnitus masker returned. Other product will vary in terms of restocking charge. A full refund will be provided once the returned product arrives back with our suppliers and you have paid a £30.00 restocking charge. This is only authorised in exceptional circumstances and is at our discression and as we are not legally onliged to offer this service to you.
10. Product Repair
11.1 We will try our utmost to repair a product we have supplied if it has a technical fault. Your rights to repair are subject to the following conditions:
(a) You inform us and return the product to us within the 1-year warranty which we offer for all of our products.
(b) The product has not been physically damaged in any way.
(c) Product receivers are not included in the product warranty. If you need to repair or replace the product receiver it will cost on average of £49.99 - this is an estimated cost and actual cost may vary from the estimated amount.
12.1 We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
12.2 Upon delivery, the Goods will:
(a) be of satisfactory quality;
(b) conform to their description as described on the respective website product page;
(c) be fit for purpose held out by us or set out in the Contract
12.3 Successors and our sub-contractors
The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
12.4 Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
(a) the party will advise the other party as soon as reasonably practicable; and
(b) the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
13.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
13.3 For the purpose of these Terms and Conditions:
(a) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR
(b) ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679
(c) ‘Data Controller’, Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR
13.4 We are a Data Controller of the Personal Data we Process in providing Goods to you.
13.5 Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
(a) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
(b) we will only Process Personal Data for the purpose identified;
(c) we will respect your rights in relation to your Personal Data; and
(d) we will implement technical and organisational measures to ensure your Personal Data is secure.
13.6 For any enquiries or complaints regarding data privacy, you can contact us at the following email address: email@example.com
13. Governing Law, Jurisdiction and Complaints
14.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
14.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland and Northern Ireland.
14.3 We try to avoid any dispute, so we will deal with complaints in a transparent and efficient way.
14.4 Any difficulty you may have regarding a product please email us and we will be happy to assist in any way we can providing it is in accordance with the terms and conditions set out in this contract.
14. Liability & Use
1451 We do not accept any liability for any medical condition associated with the use of any of the products supplied on the Tinnitus Hearing Solutions Website. You should always consult your local medical practitioner in relation to hearing, tinnitus or trauma before buying any product from our site.
15.2 Please consult with your Doctor, Medical Specialist or Audiologist prior to using any products on this website.
- Our details
- Your responsibility for others who access our website using your device(s) or internet connection
- Other documents governing your use of our website
- Availability of our website
- Your account details
- Ownership of material on our website
- Information and content on our website provided on non-reliance basis
- Permitted use of materials on our website
- Prohibited uses of our website
- Viruses and other harmful content
- Links to other websites
- Links to our website
- Exclusions and Limitations of liability
- Age restrictions on use of our website
- Governing law and jurisdiction
- Copyright, credit and logo
1. Our details
1.1 M & J Therapy Ltd (we, our and us) operates the website.
1.2 Our address is 3rdFloor, 207 Regent Street, London, W1B 3HH. Tinnitus Hearing Solutions is a trading name of M & J Therapy Ltd.
1.3 Our contact email address firstname.lastname@example.org
2. Your responsibility for others who access our website using your device(s) or internet connection
3. Other documents governing your use of our website
4. Availability of our website
4.1 We make no representations and provide no warranties that:
(a) the website will be made available at any specific time or from any specific geographical location;
(b) your access to the website will be continuous or uninterrupted; or
(c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
4.2 We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
4.3 Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.
(a) to reflect any changes in the way we carry out our business;
(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
6. Your account details
6.1 If we provide you with account information such as a user name, identification number or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
6.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
6.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
6.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at email@example.com
7. Ownership of material on our website
7.1 All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
8. Information and content on our website provided on non-reliance basis
8.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website from time to time.
8.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
9. Permitted use of materials on our website
9.1 The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal purposes, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
9.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
9.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
9.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
10. Prohibited uses of our website
10.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
(b) for any fraudulent purposes whatsoever;
(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
(e) to communicate with, harm or attempt to harm children in any way; or
10.4 You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:
(a) under the age of 18; or
(b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.
11. Viruses and other harmful content
11.1 We do not guarantee that our website does not contain viruses or other malicious software.
11.2 We shall not be responsible for any bugs or viruses on our website, any such software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
11.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
11.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
11.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
11.6 You must not attempt to perform any denial of service type attack on our website.
11.7 You must not perform any action which would contravene the Computer Misuse Act 1990 or any subsequent related legislation.
11.8 We may report any breach or suspected breach of this clause (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
12. Links to other websites
12.1 Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
13. Links to our website
13.1 You may not link to our website without our prior written consent.
13.2 Where you have obtained our consent to link to our website:
(b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
(c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
13.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.
14. Exclusions and Limitations of Liability
14.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
14.2 Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with relating to:
(a) You use of our website;
(b) Any corruption or loss of data
(c) Any inability to access our website, including, without limitation, any interpretations, suspension or withdrawal of our website (for any reason whatsoever);
(d) Any use you make of any content or materials on our website, including any reliance you make on such content or material;
(e) Any loss of savings, profits, sales, business or revenue;
(f) Any loss of reputation or goodwill;
(g) Any loss of a chance or opportunity; or
(h) Any other secondary, consequential or indirect losses,
And even if we have been advised of the possibility of such loss damage, without limitation, you assume the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.
14.3 We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or have in place minimum system requirements advised by us.
14.4 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
14.5 You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us.
14.6 To the extent that any of the provisions of this clause 14 (Exclusions and Limitations of Liability) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
15.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
(a) your uploads, access to or use of the website;
(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(e) any misrepresentation made by you.
15.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
The website is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
(a) The service;
(b) The website content;
(c) User content; or
(d) Security associated with the transmission of information to the website.
In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
16.3 By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
16.4 We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
17. Age Restrictions On Use of Our Website
17.1 Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18.
17.2 If you are under the age of 18, you must not use our website, purchase or attempt to purchase any of our products or services, or submit any personal information to us.
17.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18.
18. Governing law and jurisdiction
19. Copyright, credit and logo