These Terms and Conditions govern your use of the Andrew Bird Hearing Ltd (“ABH”) website and any purchase of goods through the ABH website. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not use the website or purchase and goods via same.
1. Use of the Andrew Bird Hearing website
The ABH website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the ABH website you agree to be bound by these Terms and Conditions.
2. Purchasing products from the ABH website
Please read these Terms & Conditions carefully as they affect your rights and liabilities under law and set out the terms under which ABH makes products available to you via the ABH website.
2.1 Descriptions and prices of products
2.1.1 If there is anything that you do not understand, or if you wish to obtain further information, please contact us on 01242 262551.
2.1.2 If there is a difference between the price for a product in any ABH advert, leaflet, brochure or other literature and on the ABH website, you will be charged the price on the ABH website. The price offered in respect of a product on the ABH website may differ from the price offered at the same time in ABH offices, centres or any other location from which ABH provides goods or services. We are under no obligation to honour any in-office or in-centre price or promotion in the event that it differs from those on the ABH website or if applicable in any advert, leaflet, brochure or other literature.
2.1.3 Every effort is made to ensure that prices shown for products are correct when the products are added onto the ABH website. If, by mistake, we have under-priced a product, we will not be obliged to supply that product to you at the stated price, provided that we notify you before we despatch the product to
you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will notify you and give you a full refund on any amount already paid for that product.
2.1.4 All prices are expressed inclusive of any VAT payable unless otherwise stated.
2.1.5 The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout.
2.2.1 All products advertised are subject to availability or while stocks last (as may be applicable).
2.3 Acceptance of orders
2.3.1 Your order is an offer to buy from us. We will send you an order confirmation email detailing the products you have ordered and an estimated date for delivery or collection in one of our offices or centres, as applicable. Please note that this email is not acceptance of your order by us.
2.3.2 Nothing that we do or say will amount to any acceptance of your offer until you are sent an email notifying you that we have despatched a product to you or if you have opted for collection notifying you that a product is ready for collection in one of our offices or centres (as applicable). At this point (when we send the email notifying you of despatch or advising the product is ready to collect), a contract will be made between ABH and you for you to buy and us to sell the products that you have ordered from us. Where products are despatched or made available to collect in one of our offices or centres separately, our acceptance of the order in respect of each product takes place when you are notified by email of such despatch or readiness for collection.
2.3.3 Up until the point the contract is made, you may withdraw your offer. After the time the contract is made, you cannot amend your order (however, you may cancel an order as set out in our return and refund policy).
2.3.4 At any point up until the contract is made, we may decline to supply a product to you. If we decline to supply a product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product.
2.4.1 Delivery will be made to the address specified when you complete the order. You may choose to collect some products from selected ABH offices or centres.
2.4.2 Please note that we only deliver to addresses within England, Scotland, Wales, Northern Ireland and the Isle of Man. We may block postcodes at our discretion for security purposes, we will advise you of this when entering your postcode into your account.
2.4.3 Ownership of an item will not pass to you until our chosen courier has delivered it to you, either directly or by leaving it in a safe place or with another person. Once an item is delivered to you or a person identified by you to take possession of the item, risk of damage to or loss of the item passes to you.
2.4.4 We use a variety of delivery methods, depending on the size of the product you order and the speed with which you wish to receive it.
2.4.5 Whilst we make considerable effort to deliver all your products without unreasonable delay, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting a delivered to you.
2.5 Return and refund policy
For information on how to cancel your order if you change your mind or how to obtain a refund or replacement if your products are damaged or are faulty, please contact us on 01242 262551.
2.6 Payments and cards
2.6.1 Payment for your products will be taken at the time you place your order, once we have checked your card details, but before the product is despatched. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone if you have not given us an email address).
2.6.2 Your credit/debit card details will be encrypted by the ABH website to minimise the possibility of unauthorised access or disclosure.
2.6.3 Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.
We may update these Terms & Conditions from time to time and any changes will be notified to you via a suitable announcement on the ABH website. The changes will apply to the use of the ABH website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to use the ABH website (including purchasing any products on the ABH website). If you continue to use the ABH website after the date on which the change comes into effect, your use of the ABH website indicates your agreement to be bound by the new Terms and Conditions.
4. Availability of the ABH website
Although ABH aims to offer you the best service possible, ABH makes no promise that the services on the ABH website will meet your requirements. ABH cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us as soon as possible and we will attempt to correct the fault as soon as we reasonably can. Your access to the ABH website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. ABH will attempt to restore the service as soon as it reasonably can.
5. Third Party Websites
For user convenience, the ABH website includes links to other web sites or material which are beyond its control. ABH is not responsible for content on the Internet or World Wide Web pages on the ABH website.
6. Our responsibility to you
6.1 The ABH website is provided by ABH without any warranties or guarantees. You will bear the risks associated with the use of the internet.
6.2 The ABH website provides content from other internet sites or resources and while ABH tries to ensure that material included on the ABH website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. ABH will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems, you may experience with the ABH website. If ABH is informed of any inaccuracies in the material on the ABH website we will attempt to correct the inaccuracies as soon as we reasonably can.
6.3 In particular, we disclaim all liabilities in connection with the following:
6.3.1 Incompatibility of the ABH website with any of your equipment, software or telecommunications links; and
6.3.2 Technical problems including errors or interruptions of the ABH website.
6.4 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant product or the time you otherwise use the ABH website.
6.5 Because we sell products for personal use only our responsibility to you shall not include any business losses such as lost data, lost profits, lost sales or business interruption.
6.6 This Clause 6 does not limit or affect our responsibility to you for fraud or if something we do negligently that causes death or personal injury. Nothing in these Terms and Conditions affects or limits our responsibility resulting from products sold being found to be unsafe.
7. Intellectual property
The content of the ABH website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the ABH website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the ABH website without written permission from ABH.
8.1 You may not use the ABH website for any of the following purposes:
8.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
8.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
8.1.3 gaining unauthorised access to other computer systems;
8.1.4 interfering with any other person’s use or enjoyment of the ABH website;
8.1.5 breaching any laws concerning the use of public telecommunications networks;
8.1.6 interfering or disrupting networks or websites connected to the ABH website;
8.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
8.2 ABH reserves the right to refuse to post material on the ABH website or to remove material already posted on the ABH website.
8.3 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
8.3.1 any claim by any third party that the use of the ABH website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
8.3.2 any claim by any third party that the use of the ABH website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
8.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the ABH website by you.
9.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
9.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
9.3 Neither party shall be responsible for any breach of these Terms and Conditions caused by circumstances beyond that party’s control.
9.4 Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Data Protection Policy.
10. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
11. International Use
ABH makes no promise that materials on the ABH website are appropriate or available for use in locations outside the United Kingdom, and accessing the ABH website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12. These Terms and Conditions do not affect your statutory rights.