Terms and Conditions

Our 30 Days “No Worries” Money Back Guarantee

Hear for Less® offers a very generous 30 Days “No Worries” Money Back Guarantee. If you ordered the wrong product or it’s not quite what you wanted, then you can send it back to us for a full “No Worries” Money Back Guarantee. To qualify please read our Returns Policy carefully.

Prices

All of our prices are in Australian Dollars (AUD)

Prices are subject to change without notice. Product may change without notice

GST (Goods and Services Tax)

GST is included in all of our prices except where otherwise stated. However, once an item which attracts GST is purchased, GST will apply to the whole of the postage and handling.

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of Products from www.hearforless.com.au

Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or if you have any questions please email us at [email protected]

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER

These Terms and Conditions constitute a contract between the customer (You) and Hear for Less®.

  1. Agreement

1.1
In these Terms and Conditions “Hear for Less®” is trading on the internet at www.hearforless.com.au and by Mail Order to:

Hear for Less®
166 / 585 Little Collins Street
Melbourne VIC 3000

“We”, “Our” or “Us” means Hear for Less®; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3
The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

  1. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Hear for Less®. By accepting this Agreement, you acknowledge that you are eighteen (18) years of age, or older.

  1. Website Use

3.1
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.4
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

  1. Pricing

4.1
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 7, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 8.7.

4.2

All hearing aid prices are listed as 1 (one) x singular hearing aid device only, unless otherwise stated on the individual product page.

5. Hearing Aids

5.1

Hearing Aids are a medical device and will only be supplied and fitted in a face to face consultation with a hearing care professional. Though our process only a Hear for Less® endorsed hearing practitioner can carry out this service and maintain the up to 12 months after-care service. Hear for Less receives a commission from this process, which is covered in your investment.

5.2

All Hear for Less® hearing aid clients will receive an initial 12 months of after-care services, or up to 5 appointments, which ever comes first. These 5 appointments are broken down like this: (i) Fitting, (ii) re-tuning, (iii) additional 2 week appointment, if required, (iv) 6 month, if required, (v) 12 month follow-up, if required. Appointments made outside of these are subject to charges at the discretion of the Hear for Less® endorsed clinic.

If a Hear for Less® endorsed clinic deems you to have, for example, an ear that is totally occluded with ear wax at your fitting appointment and therefore requires more time with the hearing practitioner, they may allow you to either: (i) use one of your 5 pre-paid appointments in lieu of funding this procedure, or pay for this procedure directly to the Hear for Less® endorsed clinic.

Purchasing any hearing aids through a Hear for Less® endorsed clinic enters you in to a contract for which you agree to the following terms.

5.3

All AudioGrams performed by a Hear for Less® endorsed clinic are chargeable directly by that Hear for Less® endorsed clinic.

5.4

Hear for Less® endorsed clinic allow you to return / replace your Hearing Aids up to 45 days from the date of purchase, should you deem the devices not suitable to you.

Should you decide that Hearing Aids are not for you, then a maximum amount of up to $300.00 can be deducted from the refund to cover professional service fees. This is chargeable and at the sole discretion of each individual Hear for Less® endorsed clinic.

6. Product Specifications

6.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

6.2
All weights and dimensions of Products described in the Website are approximate.

6.3

All images are for illustration purposes only and may vary from the product received. Sizes of each product on this website are not shown in their actual size, especially hearing aids.

7. Orders

7.1
You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

7.2
Orders will be deemed to have been received by Hear for Less® at the time Hear for Less® sends an Order confirmation to Your nominated e-mail address.

7.3
Hear for Less® is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

7.4
Hear for Less® reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

7.5
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

7.6
Hear for Less® does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

7.7
Hear for Less® shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Hear for Less® (or its affiliates), and Hear for Less® shall be entitled to a reasonable extension of time for the performance of such obligations.

7.8
Where You have provided an incorrect or incomplete delivery address for your order, Hear for Less may charge a redelivery fee for each subsequent delivery attempt.

8. Payment

8.1
You may provide your nominated credit card during the purchase process described on the Website.

8.2
All credit card payments made to Hear for Less® are done through PayPal or Stripe who offer their own security and fraud prevention.

8.3
Payment for Orders will be processed immediately upon confirmation of Your Order.

8.4
Payment by cheques is acceptable through Australian banks. Personal cheques must have your name and address written on the back. Business cheques are also acceptable. All cheques are cleared prior to shipping. Please send your cheques made payable to Hear for Less®, for the full amount to: REF: HFL8848 C/o Hear for Less® Suite 166, 585 Little Collins Street, Melbourne VIC 3000.

8.5
Dishonoured cheques by any means will incur a bank penalty of no less than $35.00 which is payable to Hear for Less® by You, the customer. It is your sole responsibility to ensure you have the necessary funds to successfully process these funds.

8.6
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

8.7
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

9. Delivery and ownership of the goods

9.1
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Hear for Less® does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

9.2
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Hear for Less®. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).

9.3
Hear for Less® may not deliver Products to PO Box addresses.

9.4
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

9.5
The couriers or postal services nominated by Hear for Less® will deliver Products during local business hours (9am to 5pm, Monday to Friday).

9.6
Hear for Less® is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Hear for Less® (as notified to the Customer) in relation to date and time of delivery. Hear for Less® shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

9.7
Hear for Less® reserves the right to not ship to remote or rural locations.

10. Faulty or damaged goods

Hear for Less® will replace or refund faulty or damaged Products in accordance with Your rights under the Australian Consumer Law.

Purchasing any “Opened” product waives your right to seek a refund for damaged goods. This is due to Hear for Less® opening the original secure packaging in any way, shape or form to assist with the reduction of the original packaging dimensions to achieve a more economical price. Buy choosing this option you enter in to an agreement of receiving the goods “opened” for a more economical price where a portion of the postal savings will be passed on to you, the customer. Hear for Less® cannot be held responsible for damaged goods in this instance as there is an increased possibility of damage during the postage of such goods. We strongly suggest you purchase your products in their original state to avoid disappointment.

11. Refunds and returns

11.1
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

11.2
All refunds may take up to 10 business days to be processed. This does not include processing times set out by 3rd party merchants.

11.3
Refunds are strictly limited in accordance with the Returns Policy

11.4
In order to facilitate a return under the Returns Policy, please contact Us at [email protected]

11.5
The Customer must comply with directions from staff to facilitate a return.

11.6
Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

11.7
Subject to clause 10.8, It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

11.8
Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost. Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

11.9
All refunds that require a manual transaction will be subject to a flat rate $20.00 administration and processing fee, or a 5% restocking fee (whichever is highest) per order. This fee will be automatically deducted from the refund, regardless of whether the refund has been awarded in part or in full. A manual transaction relates to any refund, by whatever means, awarded after the initial 30-day money back guarantee has expired.

12. Warranties

12.1
Each Product sold on the Website is covered from a minimum 12 month Standard Warranty.

12.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

13. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

14. Intellectual Property

All Intellectual Property in any Material on the Website is the property of Hear for Less®. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

15. Privacy

By placing your Order or otherwise contacting Hear for Less®, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Hear for Less® Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

16. Gift Vouchers

16.1
Gift Vouchers & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

16.2
Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

17. Miscellaneous

17.1
Title and risk in the Hear for Less® Products pass to You at the point of dispatch or embarkation by Hear for Less® to Your courier.

17.2
Hear for Less® reserves the right to make changes to the Hear for Less® Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

17.3
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

17.4
A failure or delay by Hear for Less® to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Hear for Less® does not preclude its future ability to exercise that or any other power or right.

17.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Hear for Less® Products from www.hearforless.com.au, these Hear for Less® Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

17.6
No Hear for Less® employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

17.7
Customers (You) must speak with their (Your) Private Health Funds first to understand (i) If they (You) are eligible to make a claim and (ii) confirm that hearforless.com.au is registered with that Private Health Fund before they (You) place any orders.

17.8
It is Your sole responsibility to ensure that ALL batteries are in perfect working order for products purchased through Hear for Less®. We highly recommend that you test ALL battery operated and / or backed-up products on a regular basis. If in doubt, then replace with brand new batteries as per the products’ instructions.

Terms and conditions for Hear for Less® Products

These Terms and Conditions constitute a contract between the customer (You) and Hear for Less®

18. Use of Hear for Less® Products in Your jurisdiction (International)

18.1
It is Your responsibility to ensure that it is lawful to import the Hear for Less® Products into Your jurisdiction and/or use them in Your jurisdiction. It is Your responsibility to obtain any permits for, or make any modifications to, the Hear for Less® Products so as to enable them to be imported into or used within Your jurisdiction.

18.2
In respect of any Order, certain taxes may be levied by the destination country to which your Hear for Less® Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Hear for Less® Products, you agree that you are liable to pay such taxes with respect to the Hear for Less® Products to the relevant authority in addition to your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Hear for Less® Products are shipped. You agree that neither Hear for Less®’s nor Hear for Less® is liable to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay taxes in a particular jurisdiction.

Complaints

If you have a complaint, please let us know. We welcome your feedback as an opportunity to improve our business and customer service.

You can make a complaint by:

  • Contacting us via the Contact Us page

When making a complaint, please let us know the following information:

  • Your Name and Email Address
  • A brief description of the issue
  • Order number, the product name and serial number, if applicable
  • Date of purchase

We will respect our customers’ privacy in relation to any personal information given to us.