Privacy Policy

---

Terms and Conditions of Purchase

Please read these Terms and Conditions of Purchase carefully as they set out the terms under which Pear Tree & Co. Audiology makes the products advertised on www.peartreeaudiology.co.uk ("the Website") available to you including via any technologies or devices by which we make the Website available to you.

You agree that, by ordering any of our products from the Website or from a clinician, you will be bound by these Terms and Conditions of Purchase. 

1 - General Provisions

1.1
These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.peartreeaudiology.co.uk ("the Website") and any representations the Pear Tree Audiology (“Pear Tree Audiology Clinician”) makes to you and to any agreements concluded between you and the Pear Tree & Co. Audiology.   

1.2
The products and services offered on this Website may be offered by any of Pear Tree & Co. Audiology Ltd.  Members of the Pear Tree & Co. Audiology Ltd may be involved in the processing and fulfilment of your Order.  Details of which entity you are selecting to place your Order with are set out in clauses 1.3 and 2.2 below as well as during the order process.

1.3
By placing orders through this Website you are offering to contract for the supply of healthcare products ( Hearing aids, consumables, batteries and related products, (also described in these terms and conditions as "goods" or "products")).  Details of the entity with which you are contracting by ordering through this Website will be selected by you in the order process before you finalise your order placement. 

2 – Placing an order; acceptance of an order

2.1
The display of any items or promotions on this Website shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, and any product specific terms (which will be brought to your attention prior to any purchase) when you complete the on-line order form. If your offer is accepted by Pear Tree Audiology this will result in a binding contract between you and us (“Contract”).

2.2
When you have submitted the order form you will receive an email from us acknowledging that we have received your order, your order number and the details of your order (including confirmation of the Pear Tree Audiology selected by you to process your order and which you have nominated to provide you with aftercare).  Your offer to purchase a product or services is accepted after your prescription has been verified and when Pear Tree Audiology processes payment for your order.  

You will receive a further email confirmation once the goods have been dispatched.

The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.

2.3
Payment will be processed after receipt of your order but prior to dispatch.

2.4
Pear Tree Audiology may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Pear Tree & Co. Audiology Ltd associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.

2.5
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.

2.6
If any goods ordered are not available, Pear Tree Audiology may offer you substitute products of equivalent quality and price. If Pear Tree Audiology is unable to offer substitutes or you do not agree to accept such substitutes Pear Tree audiology shall reimburse your payment within 10 days of the date Pear Tree Audiology receives your order (Refunds Policy). The Contract will only relate to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.

2.7
You can view the status of your order in the Your Account section of the Website.

2.8
Orders can only be accepted from residents in the United Kingdom (including the Channel Islands and Isle of Man) for delivery in the United Kingdom (or Channel Islands/Isle of Man).

3 - Your Account

3.1
The Your Account facility enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.

3.2
When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at Your Account at any time.

3.3
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.

3.4
Any personal information that you provide during registration and which is held in Your Account is held in accordance with our Privacy Policy.

4 - Payment

4.1
Payment will be processed after receipt of your order but prior to dispatch.

4.2
The prices stated on the Website are inclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

4.3

We process payment and future payments by approved payment platform(s) (e.g. Stripe), credit or debit card once you place an order with us.

4.4

Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure. We hold your payment details (e.g. credit/debit card details) in accordance with our Privacy Policy and any specific consent as required. 

4.5

We use approved third party payment service providers to process encrypted card payments.

5 - Your Obligations

A) All customers

You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your clinician or Pear Tree Audiology.

The Order being placed is for you and not on behalf of another person.

B) Consumables of hearing aids 

By placing an order you are confirming that:

i) You know the size and type of the consumables you are requesting and have checked with your manual instructions which you are ordering;

ii) ) the order placed through this Website represents a request for consumables by you, which fulfils the needs of you yourself and no other person.

iii) you are aged 18 years or over.

iv) you are legally capable of entering into binding contracts.

6 – Delivery and inspection of the goods

Please note – delivery can only be to valid addresses in England, Scotland, Wales, Northern Ireland, the Isle of Man and the Channel Islands.  

6.1
The status of your order may be viewed on the Website using the 'Your Account' section by using your order number.

6.2
Delivery of products will be as follows:

Consumables will be to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.

6.3
We aim to dispatch all products within 14 days of the date of your order. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside Pear Tree Audiology control, the overall delivery period should not exceed 30 days.

6.4
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.

7 - Risk During Transport

7.1
Pear Tree Audiology shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.

8 - Warranty

8.1
Pear Tree Audiology warrants that the products to be delivered comply with the agreement between Pear Tree Audiology and you and with your specification (Consumables) ("Warranty"). However, Pear Tree Audiology may not be held responsible if your ears do not tolerate any consumables (domes or wax guards) or any related products ordered by you except where this caused by the negligence of Pear Tree Audiology, its directors, employees, affiliates or other representatives.

8.2
If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to Pear Tree Audiology. Please refer to the Returns Policy. You may request that Pear Tree Audiology replace the products concerned (to the same specification at its cost (including delivery) instead of issuing a refund.

8.3
The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without Pear Tree Audiology’s written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.

9 - Privacy

9.1
We process personal information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.

10 - Cancellation Right

10.1
If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the Website within 14 working days following the day your order is delivered to you. To cancel the Contract please contact Customer Service (either by phone or email) to request a returns reference and the relevant returns address. Consumables can be returned to the address provided by Customer Service. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.

10.2
You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date you inform us of the wish to cancel and the date the product is returned by you to Pear Tree Audiology you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by Pear Tree Audiology, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.

11 - Retention of Title

11.1
Pear Tree Audiology remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Clause 10.1.

12 – Liability

PLEASE CONTACT US AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE

12.1
Subject to Clause 12.5 and Clause 13, any liability of Pear Tree Audiology (whether in contract, tort or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.

Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.

12.2
We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events (see Clause 13). Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.

12.3
Without prejudice to the provisions set out above, Pear Tree Audiology will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.

12.4
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.

12.5
Pear Tree Audiology does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of Pear Teree Audiology, its directors, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.

12.6
Nothing in these Terms and Conditions of Purchase excludes or limits Pear Tree Audiology’s  liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.

13 - Force Majeure (events outside of your or our control)

13.1
Neither Pear Tree Audiology nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. ("Force Majeure"). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond Pear Tree Audiology’s control, but as a consequence of which Pear Tree Audiology is unable to fulfill its obligations.

13.2
While a Force Majeure continues to operate, Pear Tree Audiology and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by Pear Tree Audiology as terminated without further obligation to the other.

13.3
If Pear Tree Audiology has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Pear Tree Audiology will be entitled to charge you for that fulfilled part.

13.4
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Pear Tree Audiology shall return to you the amount paid.

14 - Returns Policy

14.1 Refund / replacement
Pear Tree Audiology will issue a full refund or replacement of goods in all instances where:

• •      prescription Hearing aids/Hearing protection are supplied to the wrong      prescription/specification. See Warranty in Clause 8.1 
• •      products are supplied damaged
• •      products ordered by you (and which are confirmed by Pear Tree Audiology as      available)  within 21 days of the dispatch date do not arrive at the      delivery address  
• •      products you have ordered are returned to Pear Tree Audiology as      undeliverable by the postal service
• •      you exercise your cancellation right and you have cancelled the Contract      between us within the fourteen-day cooling-off period. Please see Clause      10 

A refund or replacement will be issued to you following receipt by Pear Tree Audiology of the returned goods. Such refund or replacement will be provided within 14 days of the date the returned goods are received.

14.2 All returns (except undeliverable items)
You should return the goods promptly as set out in Clause 14.3.  

The following applies in the event you wish to return the goods for any of the reasons set out in Clause 14.1:

Prescription Hearing aids: can be returned to the address provided by Customer Service (set out below or in the MyAccount section)

Batteries: can be returned to the address provided by Customer Service (set out below or in the MyAccount section)

14.3
Please note that all returns (including where you exercise your cancellation rights) are to be returned with all component parts within 30 days of you receiving the goods. Please note the implications of Clause 14.6 that will apply for late returns.

14.4 Undeliverable items
If goods are returned to Pear Tree Audiology as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by Pear Tree Audiology of the goods, then a refund will be made within 14 days of that date.

14.5 Postal charges
Pear Tree Audiology will not pay the postal charge for goods returned under this Returns Policy.

14.6 Late returns
If we do not receive the returned goods within 35 days of your cancellation, we may make a charge in respect of collecting the goods. If you do not return the goods or fail to make them available for collection within 49 days of your cancellation you will be deemed to have accepted the goods. At this point a new purchase contract will arise and you will be charged the order price for the goods.

14.7
Pear Tree Audiology may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods or for failure to return the goods within the times specified in Clause 14.6.

14.8 Refunds
Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same payment details as supplied to pay for the goods. Pear Tree Audiology reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your cancellation right, these must be returned undamaged and unused to qualify for a refund.

14.8.1 Prescription hearing aids can be returned up to 60 day period, the value of the hearing aids refund for bundled plan is retained to the current value of the hearing assessment and any administrative costs (up to £100 (in accordance to current of cost-of-living prices)). The minimum value of the hearing assessment is £250 as deemed for the time the professional had to program and prescribe the prescription hearing aids).

14.9 Defective goods
Nothing within these Terms and Conditions of Purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then you should report this to Customer Service as soon as possible after discovery of the problem.

If you have any questions regarding the returns policy, please contact our Customer Service.

15 - Intellectual Property Rights

You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of Pear Tree & Co. Audiology Ltd (details of which are at the foot of these Terms and Conditions of Purchase). See our Intellectual Property Rights Policy at which apply to all trademarks and copyright material.

16 – Changes to the Terms and Conditions of Purchase

The Pear Tree & Co. Audiology Ltd reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

17 - Waiver

17.1
If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3
No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18. Severability

If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

19 - Written Communications

19.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

19.2
All notices given by you to us must be given to Pear Tree Audiology Customers Service at info@peartreeaudiology.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.

20. Transfer of Rights and Obligations

20.1
The Contract between you and us is binding on you and us and on our respective successors and assigns.

20.2
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.

20.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.

21. Entire Agreement

21.1
Pear Tree Audiology intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Customer Service.

21.2
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.

21.3
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

22. Jurisdiction and applicable law

The Terms and Conditions of Purchase and the Contract shall be construed in accordance with English law. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Contacting us

If you have any comments or concerns about material which appears on our Website, please contact:

Pear Tree Audiology Customer Service
T: 01252 214050
E: Info@peartreeaudiology.co.uk 

Registered Office

Pear Tree & Co. Audiology Ltd
160 Eureka Park Upper Pemberton, 

Kennington, 

Ashford, England, 

TN25 4AZ

Registered in Ashford
Company number 16743601