Terms & Conditions

Introduction
  1. We”, “us” and “our” refers to the Ear Institute.
  2. “You” refers to you, our customer, who buys from us online.
  3. These Terms and Conditions govern the ordering, sale and delivery of products as well as use of the following website: www.earinstitute.co.za
  4. If there is anything that is unclear please ask us to explain it to you before you accept the Terms and Conditions, continue using the Website, or place an online order.
  5. We may amend these online shopping terms and conditions, at our sole discretion, from time to time.
  6. The contents of the website are protected by law, including but not limited to copyright and trade mark law.
  7. The website content is the property of the Ear Institute, and/or is licensed to the Ear Institute. Any use, distribution or reproduction of the website content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content, please contact us. You will not acquire any right, title or interest in or to the Website or the Website Content.
Customer Profile
  1. To register on our website, you must provide the following information:
    • First Name
    • Last Name
    • Cellphone Number
    • Email Address
    • Password
  2. We will use your email address as your unique identifier, and you will use your email address and password to log in to our websites. We will only contact you on your cellphone for delivery enquiries.
  3. Your personal and confidential information provided may be used by A van der Merwe’s (the “Practice”) staff for as long as required by the Practice and/or as required by law. You consent and agree that the
  4. Practice may process your personal information to any person working for the Practice interests in order to supply to you, or provide you with any product or services in respect of your hearing or your account (including credit bureau(x), credit reference or crime prevention agencies); any third party or attorney appointed to collect any monies on behalf of the Practice; and anyone you authorize the Practice to give your personal information to. Where the patient is a minor, you confirm that you are a major and legal guardian of the minor patient. You further confirm and consent processing of the personal information of the minor patient to the extent that might be required for the Practice to perform its duties and/or services, or to the extent required by law. You acknowledge that you have a right to object to the processing of personal information for marketing purposes and unless expressly stated otherwise hereby consent to personal information being used by the Practice for the above mentioned purpose. Note: “Personal Information” referred to shall have the meaning ascribed to it in terms of the Protection of Personal Information Act No. 4 of 2013 and shall include “Special Personal Information” as defined therein.
  5. By registering on our website, or buying goods from us online, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You also agree that we may send invoices to you electronically.
  6. Please keep your credentials private and secure and do not share them with anyone. We accept no liability for any damages or losses that you may suffer from the unauthorized use of your profile.
  7. Please notify us immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
Stock & Pricing
  1. All products displayed on our website are subject to availability. If any products you ordered are not immediately available or are not available at all, we will let you know as soon as possible.
  2. You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and to ensure that when stock is no longer available, it is discontinued on the website, but we cannot guarantee the availability of stock. If products are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of the amount already paid by you for such products.
  3. The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
  4. We will use our best efforts to accurately display the products on our website to ensure that what you receive matches your expectations. Please note that sometimes the way that a product appears can be dependent on the device that you use to access our website, specifically when it comes to the color in an image. We cannot guarantee that the products you receive, will look exactly as you have seen it online.
  5. If a displayed price contains an inadvertent and obvious error, we are not bound by it after:
    • Correcting the error in the displayed price; and
    • Taking reasonable steps to inform affected consumers about the error and the correct price.
Orders
  1. We will indicate the acceptance of your order by delivering the products to you, once payment has been received. Only at that point will an agreement of sale between you and the Ear Institute come into effect.
  2. Once an agreement of sale is completed, you assume all risk and full responsibility for the products.
  3. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the products no longer being available, the incorrect price being displayed, or an inaccurate description of the products. We will inform you of any errors as soon as we become aware of them and, as soon as possible thereafter, we will refund you for any amount already paid.
  4. We will not be liable for any loss or claim relating to a transaction based on any error.
  5. Orders cannot be amended in any way once they have been invoiced, including changes to a delivery address.
  6. Placing goods in a wish list or shopping cart without completing payment does not constitute placing an order, and goods may be removed or updated in the shopping cart if stock is no longer available or the price has changed. We cannot be held liable if the goods in your shopping cart have been updated when you complete or attempt to complete the purchase at a later stage.
  7. Products may not be purchased for re-sale. Should we suspect that any such products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  8. We reserve the right to refuse orders, cancel any sale, and terminate accounts at the company’s discretion.
  9. Registered customers are able to view their order history by logging on to their profile on our website. You can track the status of your order by selecting the ‘Orders” link in the member menu.
  10. Orders may only be cancelled up to the point that they have been invoiced by the Ear Institute. After this the order will need to be delivered and processed as a return, if no longer required.
Payment
  1. You consent to our use of the services of reputable and secure third party payment service providers in order to process financial transactions and acknowledge that doing so necessitates the disclosure of your payment information when you make a purchase.
  2. We have put all the necessary measures in place to ensure your personal and payment information remains secure. We make use of 3D Secure, which is an additional layer of online security that is now mandatory for all online retailers in South Africa. It’s also known as Verified by Visa and MasterCard SecureCode. It helps prevent fraud by protecting you against unauthorized transactions on your card(s).
  3. Payment can be made for products via:
    • Credit Card
    • EFT
Delivery & Collection
  1. Your order will be delivered to your address. Standard delivery to your address (2-5 working days) is R110. Additional delivery charges may apply to outlying areas.
  2. We are not liable for any damage suffered or any losses incurred arising out of any act or omission by a courier, its directors, employees, sub-contractors, agents or representatives.
  3. The couriers will only deliver to a physical address, and not a P.O. Box number. The courier requires that each and every delivery be signed for, as proof of delivery. Deliveries take place between 08h30 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the products and the supply of accurate delivery address details.
  4. Certain areas are classed as “high risk” for deliveries. If your address is deemed to be in one of these areas, the courier may contact you to make alternative delivery arrangements. Extra charges will apply.
  5. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you during checkout and must be paid when you place an order.
  6. We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorized use of the products once we have delivered the products to the delivery address you have provided.
  7. If you are unable to accept the products yourself, please ensure that an authorized representative is available at the delivery address. If anyone other than you takes delivery of the products at the delivery address, they are presumed to be authorized to accept the products on your behalf. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. If we are unable to deliver the products to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
Cancellation & Returns
  1. All refunds are subject to approval by the Ear Institute.
  2. No credit will be issued for custom products (earmoulds, custom ear protection etc.)
  3. All products (except custom products) may be returned for refund within 30 days from date of purchase, provided that the product is unused, unopened and is returned in its original box/wrapping together with a valid invoice. Refunds will exclude all delivery fees that are paid as part of the order.
  4. If you wish to return something that you purchased, you can do so in one of two ways:
    • Return the selected item to your nearest Ear Institute branch, together with your invoice.
    • Log in to the website, access your order details under My Account, select Orders and click Return. Select the product that you would like to return, complete the required information and submit your request. Once we have approved the return request, we will get in touch with you to arrange collection. The delivery address for returns via courier is as follows: 1240 Webb Road, Queenswood, Pretoria, 0186. We can only process refunds once we have confirmed that the products have been returned to our Head Office and they have been assessed.
  5. Contact us if you are unable to get to one of our Ear Institute branches, and we will gladly assist.
  6. In the event that you return products, it will take up to 10 working days to process a refund and for it to reflect on your account.
  7. If we accidentally deliver the wrong product to you, or if the product is not as described, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we can arrange to deliver the correct product to you (assuming it is available) or refund you, depending on your preference).
Website Availability
  1. We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  2. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  3. We are entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you (see our Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
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