Terms and Conditions
This site is owned and operated by EarHub. EarHub is a trademark of Viator Health Limited Registered Company: 07454584. Our offices are located at VH2, Dyrham Lodge, 16 Clifton Park, Bristol BS8 3BY.
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.
These are the terms on which we sell all Goods to you. By ordering any of the Goods, 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.
We reserve the right to change these Terms and Conditions at any time. We will give you thirty calendar days’ notice of any changes by posting notice on our website.
Definitions and interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and llows the unchanged reproductions of the information stored.
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the order.
- 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;
- Website means our website, www.ear-hub.com on which the Goods are advertised.
The description of the Goods is set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
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.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of Goods in 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.
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.
A contract will be formed for the sale of Goods ordered only when you receive an email form 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.
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.
We intend that these Terms and Conditions apply only to a Contract entered into by you as 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 and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
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 have agreed in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details or choosing an alternative payment method as detailed on the Website with your Order and we can take payment immediately.
We reserve the right to change prices without notice. On occasion EarHub may run promotional offers on the website. These promotions are subject to availability and we reserve the right to end such promotions when we choose.
All payments on the ear-hub.com website are handled through Stripe. Purchases from outside the United Kingdom will be converted to GBP (£) by our payment processor before the transaction is complete. Customers from outside the UK may be charged by our third-party payment provider.
Delivery and Cancellations
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.
We reserve the right to change our delivery charge at any time and offer varying delivery charges to differing territories. In the UK, delivery charge refunds can only be made in accordance with your legal rights under “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” and other legislations such as the Consumer Rights Act 2015. Similar rights may apply for international deliveries.
If International delivery is requested, you may need to pay import duties or other taxes as we will not pay them. Due to customs, legal, regulatory, and certain practical restrictions, applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. EarHub reserves the right to define what can and cannot be delivered to which destination(s).
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 Contact at an end if:
- 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
- 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.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract to 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 or allow us to collect them from you if we request this.
If any Goods form a bundle (a bundle is a selection of products sold as a group where division of the bundle would materially impair the value of the goods or the character of the bundle) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
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.
Risk, Title and Damaged or Faulty Items
EarHub makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. EarHub shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
In some cases, there is a possibility that products may be damaged in transit or may be defective. In such cases, please contact us regarding the problem and whether a refund or replacement would be most appropriate. A refund may be offered if requested and will include the delivery charge. Replacement items will be sent as soon as is reasonably possible, for which you will not be charged. We will only issue replacements and refunds in accordance with your legal rights.
Delays in product replacements may occur due to stock shortages, which we will inform you of once we are aware of them. Your statutory rights will not be affected.
Withdrawal and Cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You have the rights under “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” and “The Consumer Rights Act 2015” to cancel your order for any reason, except for any Goods which are made to your special requirements (the Returns Right). You can cancel the Contract by telling us no later than 14 calendar days from the date of receipt of the Goods. A full refund will be given for orders that have not been dispatched. If the goods have already been dispatched, please contact us for more information about product returns.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. I a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a decision from the reimbursement for loss in value of any Goods supplied. If the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond which is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it does beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without any undue delay, and not later than 14 days after the day which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back th4e Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
We have a legal duty to supply Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- Be of satisfactory quality;
- Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made know to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set in the Contract; and
- Conform to their description
It is not a failure to conform if the failure has its origin in your materials.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
- ‘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.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data controller of the Personal Data we Process in providing Goods to you.
- 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:
- Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- We will only Process Personal Data for the purposes identified;
- We will respect your right in relation to your Personal Data; and
- We will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy you can email: [email protected]
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which is not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The contract (including any non-contractual matters) is governed by the law of England and Wales.
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 respectively Scotland or Northern Ireland.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Contact ear-hub.com legal team for notice of claims of copyright infringement, they can be reached via email: [email protected]
The monthly earplug subscription service is auto renewed until you choose to cancel your subscription as per the terms of cancellation explained below . By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Payments will be taken on 1st of each month and subscription deliveries will be dispatched within 2 days of this date arriving with the customer by 5th of each month (international deliveries may take longer and currently Royal Mail are experiencing delays in service which could also extend these timings for UK based customers).
Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected. More information on Subscription Services can be found on our FAQ page.
To change or cancel your Subscription Services at any time, go to your Account, call us at +44 (0)117 974 4111 , or email us at [email protected]. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires. It is your responsibility to notify us in advance of renewal. If you have further questions around the Subscription service you may found our FAQ page useful.
Promotions / promo codes
Codes for promotional offers have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one promo code per order. Promo codes each have their own redemption period as specified in connection with the promo code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited. If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without telling you. If a Promo Code can’t run properly due to fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code, we can cancel, modify or suspend the Promo Code as required without advance notice.
THIS IS NOT INTENDED TO BE A FULL STATEMENT OF ALL YOUR RIGHTS UNDER THE APPLICABLE LAWS. FULL DETAILS OF YOUR RIGHTS MAY BE AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR YOUR LOCAL AUTHORITY’S TRADING STANDARDS OFFICE. ONLY LAWS APPLICABLE IN THE UK SHALL APPLY.