Terms and Conditions
TERMS & CONDITIONS
‘The Company’ means Custom Fit Guards or Custom Fit Guards Hearing Ltd, Unit 4 Maricott Court, Holywell Business Park, Northfield Road, Southam, Warwickshire, CV47 0FT
"The Customer’ means any firm, company, individual or any other body with whom the Company contracts.
‘The Contract’ means the Order placed by the Customer and accepted by the Company to which these terms and conditions of business shall apply unless agreed in writing between the parties.
‘The Goods’ means the goods, articles and materials that are to be supplied by the Company pursuant to the Contract.
‘The Services’ means any design or other services to be provided by the Company pursuant to the Contract, whether in repletion to the supply of goods or otherwise and where the Contract is for, or includes, labour work, all work and materials.
‘The Order’ means an offer made by the Customer to the Company verbally or in writing accepting the quotation estimate given by the Company.
1.Ordering, Acceptance and Cancellation
(a)By placing an order with The Company, The Customer accepts these Terms and Conditions and the order is accepted on the date of being placed.
(b) The Customer accepts that they have a right to cancel The Order within fourteen (14) days of when the order is placed, unless parts of The Service have already been provided by The Company. This includes but is not limited to - organising of impressions taking, impressions taking, manufacturing of any form.
2. Pricing and Payments
(a)The price of the goods/products sold by The Company does not include the cost of postage and packaging, delivery. The product price does include if applicable, Value Added Tax (“VAT”).
(b)Cost may differ for impressions when using a third party, as some companies The Company may or may not be a part of their ‘redeem scheme’. The options will be given to the Customer stating whether or not extra cost may be involved.
(c) The Company reserve the right to adjust the Product/Goods pricing to take into account of any increase in the materials, labour, taxes or services, or any currency fluctuations (or any other matter which increases the cost of the goods imported to the UK).
(d) Payment of the price for the products/goods is to be made at the same time as the Order is accepted and in any event before any impression is to be taken. The Customer understands that the must/shall be paid before delivery. (e)Subject to product type and if the Customer has not paid in full whilst the Goods are being manufactured, the Customer may be asked to pay in full at anytime during production of the Goods and accepts this.
3. Impression Taking
(a) The Company will only accept impressions taken by a party authorised/recommended by themselves to manufacture custom made ear impressions. Any exception to this may cause the Customer to have another impressions to be made at their own cost. The Customer agrees that if there is an issue with the ear impressions taken whereby a local audiologist has been used The Company will not cover re-fitting or reimbursement on the product should there by no manufacturing issue (at The Companies discretion).
(b) Noted in section 2. the price of goods may or may not include the impressions cost subject to which method The Customer chooses to acquire their ear impressions. Should the Home Service be used The Company legally own those impressions and will store them for future orders and use.
(c) Contact information for an audiologist will be given to make an appointment. Customers must arrange this directly themselves with the impressions taker at the agreed location, date and time.
(d) If the Customer wishes to reschedule an impression taking appointment, this is for the Customer to reschedule and bare any cost if not done accordingly to the impression takers rescheduling appointment conditions.
(e) If the Customer wishes to cancel an impressions taking appointment, this is for the Customer to cancel and bare any cost if not done accordingly to the impression takers cancellation policy.
(f) If the Customer does not attend any impression taking appointment, it is for the Customer to contact and bare any cost if not done accordingly to the impression takers policy.
(g) (i) Direct Home Service - The Customer has one (1) year to choose the appointment method to which The Company will arrange a certain date at, The Company's discretion, to meet The Customer at a location of The Customer's choosing (UK excluding. NI) Should that date not be convenient for The Customer a new date will be offered once The Company has organised the next suitable date.(ii) The Customer accepts that if they ask for a refund after the ear impressions have been taken ,using the Direct Home Service or HQ Appointment, this will not be refunded as The Services have already been provided. This does not affect The Company's 14 day refund policy, as stated above.
4. Delivery and Risk
(a) Delivery occurs when:
(i) The Customer picks up the Goods at The Company’s registered office or
(ii) The Company posts the Goods to the Customer.
(b) Every effort will be made to ensure that the goods/products will be sent to the Customer within or on the last day of the quoted turnaround (the turnaround quote does not include shipping days, and is quoted in working days) time given upon The Company receiving the Customer’s ear impressions but no liability for failure to do so will be accepted.
(c) Specific times for delivery within a day are not guaranteed nor specific days.
(d) The goods/products are at the risk of the Customer from the time of delivery
(f) When an order is for multiple Units/Goods/Products The Company reserve the right to deliver separate products in separate shipments. If the Product/Goods are delivered in separate shipments each delivery shall be classed as a separate Order and failure by The Company to deliver any one or more of the Orders in accordance with these conditions, the customer has a right to claim on one of these Orders but not multiple Orders as a whole.
5. Warranty and Liability
(a) The Company are manufacturers of custom made, bespoke and personalised ear plugs, hearing protection, in ear monitors and ear pieces. Due to the Goods/Products falling into the bespoke and customised category, The Company cannot except returns of non-faulty goods which match and correspond to the product's description. This will be at The Company's discretion.
(b) The Company will remake any earpiece returned due to poor fit within 30 days of purchase. The Customer accepts they have to follow The Companies advice and any testing needed to determine the outcome of what needs to be done to resolve a fit issue of any form.
(c)Any faulty filters can also be exchanged once within 30 days of receipt. Filters can also be exchanged free of charge for comparable/similar filters subject to the product category.(d) The Company include a One (1) Year Limited Warranty on all their Goods/Products and will either repair or replace any Goods that The Company accepts as being defective at The Company's discretion. All products are quality controlled, tested and deemed fit for purpose before delivering to the customer. Our warranty gives The Customer protection against such things as component failure (passive and digital), material and manufacturing failure on any of The Company branded product for one (1) year from the date of receiving the goods. The warranty stated above does not cover - damage due to poor care/misuse, blockage due to wax or debris in earpiece (wax picks provided), damage due to products being tampered with by unauthorised body, changes in ear shape and physiology, fair wear and tear, damage caused by aural secretions, immersion in any fluids and the use of solvents. Any product return to The Company that is then deemed as working to specification and quality control shall be returned. In the event of The Company finding and diagnosing a fault or quality control issue, at The Company's discretion, the item will be repaired and returned to The Customer.
(d) Return item postage, loss/damage of item in transit or mileage to meet The Company is not covered.
(e) The Company is not liable nor covers loss of items, accidental or foreseeable losses.
(f) The Company liability towards their own faults or breach statuary rights (subject to The Company’s discretion) will never exceed the cost of the Product/Goods
(g) Due to music being a matter of personal taste and preference, The Customer realises when purchasing any of The Companies in ear monitoring products that should the sound not be to The Customer's satisfaction that The Company is not liable to give a free replacement nor free upgrade if the product is working to specifications and sound quality (at The Companies discretion).
(h)The Customer accepts that The Company cannot guarantee that the specific product purchased can be manufactured due to not having knowledge of The Customer's ear shape until receiving the ear impressions.
(i)Should The Customer not have the required ear shape for the product ordered, The Customer accepts that The Company will offer a partial refund for manufacturing a product with accessories to achieve similar functionalities to the product ordered. A full refund can only be given subject to being within the fourteen (14) day cooling off period and the method in which The Customer's ear impressions were taken.
(j) The Customer accepts the products they receive will differ from the products shown on the website and/or any online images and/or in person samples due to being a custom shape to each individual.
(k) The Custom agrees any return/repair or exchange item must be sent to The Companys office address before any resolution can be resolved or continued.
6. Our Guarantee
(a) The Company guarantees all Custom Fit Guards and Custom Fit Guards Hearing Ltd branded products against material, manufacturing and component failure for one (1) year from the date of receiving the product. This is in addition to your statutory rights.
(b) This guarantee does not cover - damage due to poor care/misuse, blockage due to wax or debris in earpiece (wax picks provided), damage due to products being tampered with by unauthorised body, changes in ear shape and physiology, fair wear and tear, damage caused by aural secretions, immersion in any fluids and the use of solvents.
(c) Should the Customer need to return the items due to any faults covered under the guarantee they will need to send their product to The Company’s head office address with a note of name, product, contact details and issue, proof of purchase may also be needed. If a fault is found that is covered with in the one year guarantee The Company will fix the issue free of charge.
7. External Liability
(a)If The Company fail to deliver or have a delay of their Products/Goods for reasons of which are outside of their control (this includes but not limited to, floods, civil matters, industrial disputes, fires, riot, war, currency changes, acts of God, Government, external supplier failures, shipping company failures) the Customer agrees a refund will not be given and accepts extending turnaround time until the product can be finished.
8. Links To Other Web Sites
(a)Our Service may contain links to third-party web sites or services that are not owned or controlled by The Company.
(b)The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
(a)We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least thirty (30 days) notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10. Rights and Jurisdiction
(a)Customer’s Legal rights of cancellation under the CRD available for UK or EU consumers do not apply to made to measure and bespoke products and services and any products with a seal where the seal is broken. This goes for the majority of The Company’s product’s. Should you have a NON-BESPOKE item or product and wish to cancel your order you have 14 calendar days to notify ourselves. Starting the day after you place your order in accordance with the CRD or otherwise as soon as possible. These items must be returned in their original packing with reasonable care taken of them,
(b)These terms shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of England.
11. Contact Us
(a)If you have any questions about these Terms, please contact us.
12. Company Information
(a) Company Number - 10701076
(b) Company Address - Unit 4 Maricott Court, Southam, Warwickshire, CV47 0FT
(c) VAT Number - GB 320 4049 51