Suffolk Hearing Support Service - Terms and conditions of sale

1  Parties
a.  In these terms and conditions: ‘you’ or ‘your’ means the person ordering a product or products as detailed on our website and brochure; and ‘we’ ,‘ us’ or ‘our’ means Suffolk Hearing Support Service (SHSS)
2  Products and orders 
a.  Any order you place with us is an offer from you to buy products. We accept that offer when we receive your order.
b.  If we cannot provide the products you order, we will give you the option to cancel your order or place an alternative order.
3. Price and payment
a. Prices shown against the products do not include the cost of postage and packing, but this is shown in the checkout process on our ecommerce site or told you by our staff at point of order.
b. We may change prices at any time, but we will tell you about any change in the prices of any products you have ordered or the cost of the postage and packing before we send the products to you. We will give you the option to cancel your order. 
c. You can pay for your products using any one of the payment cards detailed on our website. When paying by credit card or debit card, the person placing the order must be the credit card or debit card holder or have the credit or debit card holder’s authorisation. If the credit card or debit card holder later denies authorisation, you may be charged with a criminal offence.
d. Prices shown do not include VAT unless we say otherwise.
4. Delivery
a. We will make every effort to deliver products to you within 14 days of your order. However, delivery times quoted are estimates and we cannot be held responsible for any failure to deliver products to you within any quoted delivery time.
b. If products are not delivered within 14 days of you placing your order, you will be entitled to a full refund (including the cost of any postage and packing). 
c. We will always deliver products to you or contact you at the address you have given us, unless you tell us otherwise.
5  Non-delivery, shortages or damage claims
a. If the products you receive are damaged in transit, you must tell us in writing within seven days of receiving the products. We will send you a replacement order but you must return the damaged products, together with all the original packaging for us to inspect. We will refund the postage and packing costs of the returning tems.
b. If you do not receive your products within 10 days of the date of the invoice we send to you, tell us immediately and no later than 14 days after the date of the invoice.
c. As long as you meet the conditions set out  in this clause, and the products you return prove to be damaged or faulty, or there is a shortage of products, we will replace these products. However, please remember that we will not have to make good any shortage, damage or fault if you fail to notify us as specified.
6 Cancellations and returns
a. If, before your products are delivered, you want to cancel an order, please let us know, by post, telephone, textphone, fax or email, as soon as you possibly can.
b. All returns must be sent with a written explanation clearly stating the reasons for return, enclosed with the product. If you do not let us know the reasons for return we may not be able to process your return quickly or at all.
c.We cannot be held responsible for any products you return until we receive them. We recommend you get proof, from the post office, that you have posted the products to us.
d. We try our best to make sure that we process returns within 10 days of receiving them. Please remember that products returned using Royal Mail can take up to 14 days to reach us.
7  Money-back guarantee
a. We operate a 28-day money-back guarantee. This guarantee applies only to certain products so please check the product details carefully before returning any products to us.
b. We will only accept returns of products which the guarantee applies to if you return them in their original packaging with any instruction sheets and in an ‘as new’ condition. We will then exchange the products or give you a refund.
c. If you return products that are not ‘as new’, or outside the 28-day period, then unless we agree otherwise in writing, we may refuse to give you a refund or we may charge you a handling charge.
d. This guarantee does not apply if you have used the products, other than to assess whether they are satisfactory, or you have used the products incorrectly.
e. Due to hygiene reasons, some items cannot be returned or refunded and are not covered by this guarantee. Nothing in these terms and conditions affects your rights under the  Distance Selling Regulations or any of your other rights under the law.
8 Warranty
a. We warrant that when all the products are delivered they will match their description, be free from faults and fit for their purpose for at least 12 months.
b. All of our products are covered by this warranty (some products are covered by a longer warranty period, so please check the packaging for details).
c. This warranty does not cover faults due to fair wear and tear, deliberate damage, negligence, abnormal working conditions, or you not following the manufacturer’s instructions (whether spoken or in writing), misuse or the products being altered or repaired without our permission.
d. We have no obligations under this warranty if you have not paid the full price of the products by the date full payment is due. Under this warranty, and if it is practicable, we will repair or replace the products. If it is not  practicable to repair or replace the goods, you can receive a full or partial refund. You must make sure that any products you return to us are adequately packaged.
e. If you return products without a returns form or any other form of proof of ownership, we may not be able to identify you as the owner and so may not be able to accept the returns or send the products back to you. If so, we will store the products for 28 days, after which (if they are not claimed) we will dispose of them.
9  Risk and ownership
a. You will become responsible for what happens to products as soon as you have received them.
b. You will not become the legal owner of products until you have paid for them in full. If you have not paid for products, we may refuse to accept further orders from you and we may take legal action against you.

 10 Liability
a. We will not be liable to you: 
- because of any statement we make (unless fraudulent), or any implied warranty, condition or other term;
- because of any duty at  common law or under  the express terms of any contract for selling products that may be formed; or
- for any indirect, special or consequential loss or damage (whether for loss of profits or otherwise), costs, expenses or other claims for compensation whatsoever;
which arise out of or in connection with us selling you any products. Any liability we do have will be limited to the price of the products.
b. Nothing in these terms and conditions removes or limits our liability for death or personal injury caused by our negligence or breach of  duty.
c. Any clause in these terms and conditions that tries to remove or limit your protection under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999, or our liability under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (as amended by the Sale and Supply of Goods to Consumers Regulations 2002) will be interpreted so as to remove such limitation or exclusion or if appropriate shall have no effect and shall not apply and for the avoidance of doubt clause 11.1 shall not apply.
11  Data protection
a. As a responsible organisation, we comply with   the Data Protection Act 1998 (“Act”).
12 General
a. If any part of these terms and conditions is not valid or cannot be enforced in whole or in part this will not affect any other part of the terms and conditions.
b. We can transfer, assign, novate or subcontract all or some of our rights and responsibilities under these terms and conditions to any other organisation.
c. Any person other than you and us has no rights under the Contracts (Rights of Third Parties) Act 1999.
d. These terms and conditions are governed by English Law.