The Hearing Co Terms and Conditions
- Application of these Terms and Conditions
These Terms and Conditions of Use (the Terms and Conditions) apply to the purchase of products and use of our services from The Hearing Co (we, us, our) whether such Products or Services are obtained from our website located at https://www.opticalwarehouse.com.au/hearing/ (Site) or from one of our store locations. By placing an order for our Products or making an order for our Services, the customer (you, your) agrees to and accepts these Terms and Conditions and the Optical Warehouse Privacy Policy.
2. Variation of these Terms and Conditions
We may make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes. If we change these Terms and Conditions we will publish an updated version under the ‘Terms and Conditions’ link on the Site. Your use of our Services or purchase of our Products after an updated version of these Terms and Conditions has been made available on the Site indicates your acceptance of the Terms and Conditions as changed by us.
3. Our Products and Services
3.1 Products and Services offered by The Hearing Co
We offer hearing aid devices (Products) as well as audiology services, consultations, and fittings of the hearing aid devices we may supply to you (Services).
3.2 Product Descriptions
We strive to ensure that our Products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
3.3 Hearing Aid Devices
We offer the following trials of hearing aids for customers:
(a) Hearing Services Program Customers: Free demo trial for up to two weeks from the date of the demo fitting. This trial is limited to a demo for one pair, with top-up devices free-of-charge.
(b) Private Billing Customers: Two week demo trial of up to two pairs of hearing aids from the date of the demo fitting. We require a $150 commitment fee payment at demo fitting, which is deducted from the final hearing aid device charges if an order confirmation proceeds from the demo trial.
4. Pricing and payment
4.1 Our prices
Our Products are sold to adults over the age of eighteen years, and in certain cases over the age of twenty six. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
4.2 Quote Validity
Hearing aid quotations issued by The Hearing Co are valid for 30 days from the date of issue. Proof of the date of issue may be required at time of ordering.
4.3 Price Match Guarantee
We agree to match the price offered by a competitor in relation to an identical product, subject to the following conditions:
(a) The product offered by the competitor must be in stock at the competitor and must be identical to the product offered by The Hearing Co (including in respect of brand, model, size, colour);
(b) We must be able to verify the competitor’s quote on the identical product;
(c) The competitor must be located in Australia;
(d) We reserve the right not to sell at or below our cost price;
(e) It is at our discretion whether the price match guarantee will be applied to an online retailer.
4.4 Payment Options
Except as provided by clause 3.3, the full (100%) payment is to be made by the customer at fitting. Alternately a customer may pay a 50% deposit at the fitting and 50% balance paid at follow-up. We accept all major credit cards, EFTPOS and bank transfer (Electronic Funds Transfer).
5. Returns and cancellations
5.1 Returns Policy
With required proof of purchase we undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 30 days of fitting date (collection of product).
Hearing Services Program customers incur no charge for return of goods. Private billing customers are responsible for an administration fee of $199 deducted from the deposit prior to refund to cover professional fees if devices are returned after the follow up. We also undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, this must be done within 30 days of the fitting date.
If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including any packaging and postage charges. The replacement device(s) may be of equal or lesser value to the first. If you choose hearing aid device(s) of higher value, an additional cost will apply.
5.2 Purchase Cancellations
We are unable to cancel a purchase order once it has been made. If you have changed your mind about the purchase, you may return or exchange the product in accordance with clause 5.1 and our Returns & Exchange Policy
6. Product Warranty
Our goods come with guarantees that cannot be excluded under Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The replacement hearing aid device(s) will be the same pair as the original unless unavailable in which case a replacement hearing aid device(s) of equal or lesser value may be chosen. If you choose a device(s) of higher value as a replacement, an additional cost will apply.
Under the ACL and similar state and territory legislation, consumers have additional rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.
(a) Hearing Services Program Customers: Access to a 5 year warranty facilitated via a signed Maintenance Agreement every 12 months (incurs annual out-of-pocket fee) for maintenance of all hearing aid devices. Proof of purchase required.
(b) Private Billing Customers: 37 month warranty on non-custom hearing aid devices and 25 month warranty for custom devices, rechargers and accessories. Proof of purchase required. Extra yearly warranty available to purchase at an additional cost.
7. Privacy
7.1 Privacy Policy
To provide our Products and Services to you we need to collect a range of information about you including your name and contact details and for some Services we will also need to collect medical, insurance and or financial information. Full details are set out in our Privacy Policy.
7.2 Hearing Services Program
We are an authorised service provider to the Commonwealth Health Department under the Hearing Services Administration Act 1997 (Cth). In accordance with this Act we provide services that support the Commonwealth Hearing Services Program. We will share the information we collect from you, including some identity information, some billing and administration information and some medical information, with third parties to ensure that we meet our obligations under the Hearing Services Program as an accredited service provider. Full details are set out in our Hearing Services Program information sheet. Management of Client Records (hearingservices.gov.au).
8. Limitation of Liability
Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
Subject to the above paragraph you acknowledge that, our liability for breach of an implied warranty or condition is limited to the supply of the Products and/or Services again or payment of the costs of having those Products and/or Services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from any Product or Service we have supplied.
9. Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
10. Termination
We may terminate your access to our Services at any time without reason and without notice. These Terms and Conditions survive any such termination.
