These Website Terms of Use are the terms upon which you (the “User”) are entitled to access and use the Earpal Limited (“Earpal”) website at www.earpal.eu (the “Site”) and will continue in force until such time as either the User or Earpal terminates this Agreement. Access to and use by the User of this Site constitutes acceptance by the User of these Website Terms of Use, which take effect from the date of first access to the Site. 


Purpose of the Site 

The purpose of the Site is as an information and retail website for Earpal to provide information about its organisation, products and retail outlets, to the User and the wider public in general. 


Users can view the information provided via the Site and contact Earpal via the Site with queries and requests for further information. 


Legal Compliance Disclaimer 

Whilst this Site may be accessed and viewed via the Internet throughout the World, Earpal does not represent or warrant that the information on this Site or its operation complies with the regulatory regime of any country, other than England where Earpal is located. 


If the User accesses this Site from locations outside England the User does so on the User’s own initiative and at the User’s own risk. The User is responsible for compliance with local laws.

Intellectual Property Rights 

The copyright, design right, database right and all other rights of a similar nature (“Intellectual Property Rights”) in the content provided by Earpal on all of the pages of the Site are owned by Earpal, or licensed to Earpal unless otherwise specified, including in the design, layout, text, look and feel and photographs on this site. 


The User may not copy, sell, rent, lease, license, sub-license, trade under, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any of the materials or content on this Site or any portion of this Site. Any unauthorised or restricted act in relation to the materials or content on this Site or any portion of this Site may result in civil proceedings and/or criminal prosecution. 


Permitted Use 

The User is authorised to view, print or download one copy of the materials or content on the Site on any single computer for the User’s personal, non- commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from, the printed or stored images of such screens. 


This permission is subject to the material being reproduced accurately and not being used in a misleading context and does not extend to any material on this Site that is identified as being the copyright work(s) of a third party. 


The User may not modify any content or materials on this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose. The User is authorised to browse the Site, send queries and request further information from Earpal and submit the User’s contact details for a response, link to Earpal Retail Outlets websites and other third party websites. 


Where the User wishes to use the Site or any content or material on the Site for purposes other than that permitted above, the User must obtain Earpal’s prior written consent, or the consent of the relevant third party for third party content. 


If the User breaches any of these Website Terms of Use, the User’s authorisation to use this Site and the content and material on the Site automatically terminates and the User must immediately destroy any downloaded or printed materials.

Unauthorised Access by Third Parties 

It is possible that third parties (hackers) may access the Site and alter the Site’s contents or place damaging materials or programmes on the Site, including but not limited to computer viruses, Trojan horses, worms, bots and other destructive digital elements. Earpal will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on the Site or infection of the Site in this way.


In any event, it is the User’s sole responsibility to take all protective measures to guard against computer viruses or other destructive elements. 


Third Party Links, Frames and Portals 

The Site incorporates links to other websites, frames and portals (“Third Party Sites”) designed, maintained and operated by third parties. Earpal has not reviewed the Third Party Sites which are provided for the User’s convenience only, and Earpal is not responsible for the content or availability of these Third Party Sites. If the User decides to use a link to a Third Party Site the User will leave the Site and the User will do so at the User’s own risk. 


Links to Third Party Sites do not imply that Earpal endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright work displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of Earpal. 


Third Party Content Use 

The User must obtain authorisation to reproduce third party material, including material on the Site and material accessible via any Third Party Site, from the relevant third parties concerned. 


The User must not permanently store or otherwise copy any such third party content or materials for wider distribution or commercial gain, without the express permission of the relevant third party. Earpal will not be responsible for obtaining such permission for the User.

Limitation of Liability 

In no event will Earpal be liable to the User whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the User’s use of the Site, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and/or downtime. 


For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement. 


Nothing shall exclude or restrict Earpal’s liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of Earpal’s negligence. 


Information Disclaimer 

The information provided on the Site by Earpal are intended to be informative only and are provided on an “as is” and “as available” basis. By accessing and using the Site the User acknowledges that any reliance upon any information obtained or received via the Site will be at the User’s sole risk. 


Earpal provides the information on this Site without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 


Earpal does not warrant that the functions of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the servers that make it available are free of viruses or other destructive digital elements. 


Site Usage Information – Log files 

Log files allow Earpal to record visitors’ use of the Site. Earpal compiles log file information from all visits by users to the Site and uses that information to make changes to the layout of the Site and to the information in the Site based on the way visitors move around the Site. Log files do not contain any personal information.

Feedback 

The User’s feedback is valuable to Earpal and will allow Earpal to serve the User better. The User’s views on what Earpal is doing and how Earpal could make things better are important to Earpal. 


If the User has any comments, suggestions or complaints Earpal would be delighted to hear from the User. Please direct comments or concerns to Earpal via e-mail to enquiries@earpal.eu. 


Communication 

Communications in connection with these Website Terms of Use and the Site may be by way of letter posted to Earpal Limited at PO Box 1076, Brundall, Norwich, Norfolk NR13 5WZ or e-mail to enquiries@earpal.eu. For ease of use and compatibility Earpal will not encrypt emails, except those relating to payments, unless the User expressly asks Earpal to do so. In the event that the User would like Earpal to encrypt e-mails sent to the User, please provide Earpal with the necessary certification to enable Earpal to do so. E-mail, unless encrypted, is not a fully secure means of communication. 


Changes 

Earpal prides itself in keeping up to date with advances in technology and legal developments. As these areas are ever changing, Earpal recommends that the User refers to this area of the Site on a regular basis in order to ensure that the User is aware of Earpal’s most recent Website Terms of Use, the Earpal Privacy Policy and other policies. Earpal reserves the right to modify, add to or change these Website Terms of Use, the Earpal Privacy Policy, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Site. Continued use of the Site after a modification, addition or change has been made is the User’s acceptance of the modification, addition or change. 


General 

The User may not assign, sub-license or otherwise transfer any of the User’s rights or obligations under these Website Terms of Use. Earpal reserves the right to assign, sub-licence or transfer any of Earpal’s obligations under these Website Terms of Use to a third party. 


These Website Terms of Use will not be varied except in writing by Earpal. 


Any breach of these Website Terms of Use will entitle the Earpal to immediately terminate the User’s use of the Site without notice. 


If any provision in these Website Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Website Terms of Use, which will remain in full force and effect. 


Failure by either party to insist upon strict performance of any provision of these Website Terms of Use, or the failure by either party to exercise any right or remedy to which it is entitled under these Website Terms of Use will not constitute a waiver of that right or remedy and will not cause a diminution of the obligations established under these Website Terms of Use. 


Headings in these Website Terms of Use are for convenience only and will have no legal meaning or effect.

Governing Law 

These Website Terms of Use will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts. 


Earpal reserves the right to bring proceedings in the courts of the country of the User’s residence or that of the User’s principal place of business at Earpal’s discretion. 


Returns 

We hope that you are delighted with your order. However, if for any reason you are not entirely satisfied, you may return any or all items in their original condition and packaging for a refund within 14 working days from delivery, subject to the following conditions: You must inform us of your intention to return the goods to us in writing within 7 days of receiving the goods by sending an email to enquiries@earpal.eu with a Subject heading of “Order Return”. Please include your Order ID in this email, and clearly state your reasons (if any) for returning the goods to us. If you wish to return only part of the order then please also clearly state which items you wish to return. 


You must wait for our response by email before returning the goods. We may correspond with you by email to discuss the condition of the goods you wish to return. We will provide you with a Returns Form with a unique Returns Number when we have completed this process with you. You must complete and sign this Returns Form and include it with the package you return to us. 


You must return the goods to us by a registered / recorded delivery service (which requires a signature by the recipient) with suitable carriage insurance to the following address: 

Returns: 

earpal® 

M3 Trade Park, 

Leigh Road, 

Eastleigh 

SO50 9YA 


We cannot accept damaged or lost returns, and reserve the right to refuse your return if you do not send it by registered/recorded mail. You must return the goods unused. 


All returned products must be in their original product packaging. If you have opened the product packaging, or you have damaged the packaging so that it cannot be reused, we reserve the right to provide you with a partial refund only. You must retain your original registered/recorded mail receipt in case we require proof of the return in the unlikely event that your return package does not reach us.

Refunds 

Subject to your compliance with the Returns section above, if you are returning your goods because they were damaged in transit, or because the wrong products were delivered, or because the products delivered were materially different from what was described on the website when you purchased the products, then you shall be entitled to a refund of the full product price(s) of the returned product(s) and a refund of the full price of the original delivery charge. 


Subject to your compliance with the Returns section above, in all other circumstances you will be entitled to a refund of the full product price(s) of the returned product(s) minus the transaction fee we incurred when processing your online payment only. The original delivery charge will not be refunded. 


In no circumstances will you be refunded your cost of delivering the returned goods to us. 


Please note, if we reasonably believe the returned goods have been used you will not be entitled to a refund. You will be responsible for arranging for the delivery of your returned goods back to yourself within 28 days of our receipt of your returned goods. 


Your refund will be applied to the credit / debit card used to make the transaction within 24hrs of our acceptance of your returned goods. 


Delivery 

As soon as an order arrives a confirmation will be sent via e-mail or telephone at the earliest opportunity and as soon as payment is received, your items will be dispatched to you on our next mailing day. It is very rare that it would not be within 48 hours and is usually on the same day. 


UK deliveries are sent 'First Class', so expect to receive your package the following day.