⦿   70% IMPROVEMENT RATE   ⦿   FOR NORMAL HEARING TO MILD HEARING LOSS   ⦿   TREATMENT WHILE SLEEPING

Terms & Conditions

 Terms & Conditions

  1. General

(1) All offers, sales contracts, deliveries and services made on the basis of orders by our customers (each, a “Customer“) through our online portal www.duearity.com/en (the “Online Shop“) shall be governed by these general terms and conditions of sale (the “General Terms and Conditions“).

(2) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

  1. Conclusion of Contract

(1) Our offerings in the Online Shop are non-binding.

(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product, and understands that they do so based on the correct criteria for use. The offer will remain open for acceptance by us for a period ending at the end of the (third) business day following the day of the offer.

(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent e-mail acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.

(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as stated in section 8.

  1. Prices and Payment

(1) Our prices include statutory VAT. Any customs duties and similar public charges shall be borne by the Customer.

(2) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

  1. Date of Dispatch of the Product, Sell off, Partial Delivery

(1) Any period for the dispatch of the product, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin upon receipt by us of the full purchase price (including VAT). The date of dispatch shall be such day on which the product is handed over by us to the carrier.

(2) Any time period for the dispatch of the product specified by us shall be only approximate and may therefore be exceeded by up to four business days. Unless a time period or date of dispatch has been specified or agreed upon, we shall be required to dispatch the product within a period of five business days. We are not responsible for any delays as a result of any force majeure, including any act of God and any effects thereof.

(3) Regardless of whether any product is indicated on the order form as “in stock”, we may sell such product at any time, provided that an agreed advance payment is received by us within a period of five business days upon our acceptance of the order. In such case, we shall only be obligated to dispatch the product within the relevant time period (as agreed upon or specified by us) as long as stock lasts.

(4) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as “not in stock” or has been sold off in accordance with subsection 3 above, any applicable period for dispatch shall be deemed to be extended until delivery is made by our supplier plus an additional period of ten business days; provided, in each case, that

In the event that the product is no longer available for a reason not attributable to us or cannot be timely delivered despite our timely order, we shall be entitled to terminate the sales contract. We shall without undue delay inform the Customer of the non-availability of the product and, in case of a termination, promptly reimburse the Customer any payments made to us.

(5) If the Customer has purchased, through the same order, several products that can be used separately, we may dispatch those products in separate deliveries. The Customer’s statutory rights in relation to the timely and proper delivery shall not be affected thereby.

  1. Type and Time of Shipment, Insurance and Passing of Risk

(1) Unless expressly otherwise agreed, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.

(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i.e. the time between the delivery by us to the carrier and the delivery to the Customer) specified by us shall therefore only be non-binding. 

(3) We shall insure the product against the usual risks of transportation at our cost and expense.

  1. Retention of Title and Resale

(1) We retain legal title to any product supplied by us until the purchase price (including VAT) for such product has been fully paid.

(2) The Customer shall not be entitled to transfer title to any products delivered by us which are under retention of title (“Retained Goods“), except with our prior written consent. The Customer may, however, dispose of its legal position (so called expectant) right in relation to the Retained Goods, provided that the third party is made aware of our title rights.

(3) The Customer shall treat the Retained Goods with due care.

(4) In the event that any third party, in particular in connection with any enforcement, seeks to take control of the Retained Goods, the Customer shall make aware the third party of our title right and shall without undue delay notify us in order to enable us to enforce our rights.

(5) In case of a payment default by the Customer, we may require the Customer to surrender the Retained Goods to us, as soon as we have terminated the contract. 

  1. Rights in case of defect of the product

(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect.

(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, and receive a refund, in each case in accordance with applicable law.

(3) The warranty period shall be two years upon delivery of the Product, as outlined in the instructions for use.

(4) On receipt the Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of (five) business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.

  1. Return and Refund Policy

As a consumer, you have a statutory right of cancellation in accordance with the following cancellation policy, provided you have met the criteria for use. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

 

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods or goods have been delivered in a single delivery will or will be or on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately.

 

In order to exercise your right of cancellation, you must inform us (Prime Health Distribution) Of your decision to cancel this contract by means of a clear declaration (e.g. an email or letter sent by post).

 

Email: sales@primehealthdistribution.com

Post:      Prime Health Distribution Ltd

                20-22 Wenlock Road

                London

                N1 7GU

 

Including the following information:

 

Name of customer
Address of the customer
Signature of the customer (only when notified on paper)

Date: DD/MM/YY

 

I am returning the following goods Ordered on DD/MM/YY, Received on DD/MM/YY

 

Reason for return:

 

If sent by email we will send you a confirmation of receipt of such a cancellation immediately (e.g. by email).

 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

If you withdraw from this contract, we will have given you all payments that we have received from you, (with the exception of any additional costs that resulted from choosing a different type of delivery than the inexpensive standard delivery offered by us),

 

For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

 

Payment will be made on receipt of the goods. Goods should be returned in good condition, and in the original packaging. We can refuse or choose to part refund payment if the goods are not returned in a suitable condition. A refund will be issued excluding for the system exclusive of the cost of consumables.

 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract /return of goods.

 

The deadline is met if you send the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods. Goods should be returned by courier or signature approved method and evidence of return sent to the email address sales@primehealthdistribution.com

 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

 

The right of withdrawal does not apply to contracts for delivery: of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

 

Sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

 

No refunds will be made if the acceptance process for use has not been followed, and an audiogram not received by Prime Health Distribution Ltd. Tinearity G1 is solely for tinnitus sufferers who have no or little hearing loss, to a  maximum loss of 40dbHL.

  1. Liability

(1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

(2) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications, personal injury or strict product liability.

  1. Data Protection

We may save and process any data relating to the relevant orders only to the extent permitted under applicable law. Details are set out in the privacy policy available on our website.

  1. Applicable Law and Competent Courts

(1) Any contracts entered into between us and the Customer shall be governed by the laws of the United Kingdom, without prejudice to any mandatory conflict of law provisions.

(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the United Kingdom courts shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.