The Contract of Sale
Once you have ordered and paid for your chosen goods, and once we have dispatched your goods, we have then entered into a contract with each other.
By paying for your order, you accept the terms and conditions of this website.
Delivery within Ireland and Northern Ireland is at the flat rate of 6.50 Euros (An Post Registered post)
Delivery worldwide is at the flat rate of 12 Euros (Uninsured – please see below)
Under the Distance Selling Regulations, we will keep our promise to provide you with your goods within 30 days. However, in reality, an item may well be dispatched the same or next working day if we already have it in stock. Due to the specialist nature of some of our products, delivery times could take up to 10 working days. We will, however always make the effort to get your product to you as fast as we can.
International orders are not automatically insured. If your order is of high value or if you would like it posted using a guaranteed method, you can opt to pay extra for insured delivery (with compensation). Please contact us after completing checkout if you would like to explore these options.
Returns – when you have changed your mind.
Firstly, please contact us if you are considering returning your item. Our details can be found on the ‘Contact’ page on the main menu. Sometimes, a simple explanation from ourselves will help solve your issue, or settle your concern, or there may be something else that we can do for you to resolve your query. Before buying an item, please feel free to contact us to discuss which item may be the best option for you.
Under the Distance Selling Regulations, you have a 7 day ‘cooling off’ period within which you can change your mind about your purchase.
If your item is one of the items that we can accept returns for (please see below), then you must ensure that it is completely unused and in the original and undamaged packaging. It must be in a saleable state for us to accept the return. Once you have returned the item to us, and we agree that it is in every way undamaged, unused and saleable, we will refund your purchase price within 30 days, although in reality we like to ensure that your refund is actioned as soon as possible if not immediately.
Please note that return postage is at your own expense, and for your own assurance, it is strongly advised to use a registered postal service which will provide you with confirmation that we have received your item back, and also provides insurance for the item.
Items that are not elegible for returns are most earplugs and also customised items (for instance, when a cast has been taken of your ear to make a custom fit ear piece).
Please find our return address in the ‘About Us‘ section.
Returns – when the item is faulty
We will refund your purchase price plus postage costs if the item you received is faulty.
We strongly advise that you contact us before you return goods so that we can try to rule out operational errors or other reasons why you consider the item to be faulty.
Our return address is on our About Us page.
Please note that items which are made to go in your ears like ear plugs are not faulty if they do not fit you perfectly. Each ear is unique, and not all ear plugs will fit you. Before buying any particular ear plug in quantity, we advise purchasing one pack, or a sample pack first (depending on the type and make of the ear plug) so that you can be sure that you go on to buy the type or size of ear plug that fits you the best.
Copyright of this site.
The contents of this website – text and images – are all covered under the copyright law. Therefore, unauthorised use of the same constitutes copyright theft and you are liable under law.
Full Terms and Conditions in detail.
Terms and Conditions of Sale
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Irish Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
- The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option to either wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on EarShop.com are not for re-sale or distribution. There is a purchase limit of 5 items of any free products. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered not in keeping with this provision.
To be eligible to purchase goods on this Website you must be an individual, be 18 years or over and register your real name, address, e-mail and any other details requested. Some items are of a medical and sensitive nature.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
- Cancel the contract or suspend any further deliveries to the Buyer;
- Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
- Charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 2 per cent per annum above Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Delivery of the Goods or Services shall be made by the Seller delivering the Goods to that place.
Any dates quoted for delivery of the Goods or Services are approximate only and the Seller shall not be liable for any delay in delivery of the Goods or Services however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods or Services may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
Where the Goods or Services are to be delivered or provided in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Seller fails to deliver the Goods and or Services (or any installment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods and Services to replace those not delivered over the price of the Goods and Services.
For products shipped internationally, please note that any manufacturer warranty may not be valid, manufacturer service options may not be available, product manuals, instructions and safety warnings may not be in destination country languages, the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from EarShop.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
If the Buyer fails to take delivery of the Goods and Services or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
- store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
- sell the Goods and or Services at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded. Products designed for in the ears are non-refundable for hygiene reasons.
Where Multibuy goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
Unless otherwise stated, the services featured on this website are only available within the Republic of Ireland and United Kingdom, or in relation to postings from the Republic of Ireland and United Kingdom. All advertising is intended solely for the Republic of Ireland and United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Ear Shop Ltd. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Ear Shop Ltd’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the Republic of Ireland, United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
We have different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in the Republic of Ireland, Number 522553, registered office 78 Eccles Street, Dublin 7 EIRE.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the Republic of Ireland govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access . If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Ear Shop Ltd 2013 All Rights Reserved