Terms and Conditions of Sale
“Minerva” means Minerva Laboratories Ltd, registered office Eastgate Business Park, Wentloog Avenue, Cardiff, CF3 2EY, company registration number 246797;
“Customer” means the person or business who has placed the order with Minerva;
“Goods” means the item(s) and/or service(s) that Minerva is to supply to the Customer;
“Contract” is the contract for the taking of the Customer’s Impression and sale of Goods by Minerva to the Customer;
“Order” is the request made by the Customer to Minerva for the provision of custom made hearing protection;
“Impression” means the impression of the Customer’s ear, which is to be taken by a party authorised by Minerva;
“These Conditions” shall mean these conditions of sale in full.
If any provision of These Conditions is held by any competent authority to be invalid or unenforceable in the whole or in part, the validity of the other conditions and the remainder of the provision in question shall not be affected thereby.
These Conditions shall be deemed to be incorporated in any Contract written or implied for Minerva to supply Goods unless agreed to the contrary in writing, orders written or verbal are only accepted in accordance with These Conditions to the exclusion of any conditions stipulated by the customer. Waiver of all or part of These Conditions shall not be valid unless agreed in writing by Minerva.
2. Quotations, Orders and Acceptance
(a) The Customer, by placing an Order to Minerva, shall be deemed to make an offer to Minerva for the Goods subject to These Conditions and an Order will only be accepted when confirmed orally or in writing by Minerva.
(b) Minerva reserves the right to make any changes in the specifications of the Goods which are required for the Goods to confirm to any applicable safety requirements or where the Goods are to be supplied to Minerva’s specifications, which do not materially affect their quality or performance.
3. Price and Payment
(a) The price of the Goods is inclusive of the cost of any packing, delivery and Value Added Tax (“VAT”) as well as any Impressions that need to be taken.
(b) Minerva reserves the right at any time to adjust the published price to take into account of any rescheduling costs and/or any increase in the materials, labour, taxes or services, or any currency fluctuations (or any other matter which increases the cost of the goods imported to the UK)
(c) Payment of the price for the Goods is to be made at the same time as the Order is accepted and in any event before any Impression is to be taken.
(d) In the price of all custom products, there is a £25 (inc. VAT) charge for impression taking included. In any event, or with regards any dispute, this amount is non-refundable.
4. Impression Taking
(a) As noted in section 1. Minerva will only accept impressions taken by a party authorised by Minerva to manufacture custom made ear inserts. Any exception to this will invalidate the “Fit Guarantee”
(b) As noted in section 3. the price of goods includes the cost of any impressions that need to be taken and so the impression taking appointment has no intrinsic value
(c) Once a time, date and location for an impression taking appointment has been agreed, customers must arrive at the agreed location at the agreed date and time.
(d) In the event that a customer wishes to reschedule an impression taking appointment, this must be done at least 24 hours prior to the agreed date and time or the customer will be liable for a charge of £25, payable to Minerva.
(e) If a customer wishes to cancel an order within 24 hours of impression taking or following impression taking they will be liable for a charge of £30, payable to Minerva.
(f) A customer who does not attend any impression taking appointment and sunsequently cancels their order will receive a refund minus the £25 impression taking charge.
5. Delivery, Risk and Property
(a) Delivery occurs when:
(i) The Customer picks up the Goods at Minerva’s registered office or
(ii) Minerva posts the Goods to the Customer.
(b) Every effort will be made to ensure that the Goods will be with you within 10 days of the Impression being taken but no liability for failure to do so will be accepted.
(c) Time is not of the essence for this contract.
(d) Title to the Goods will pass to the Customer on delivery.
(e) The Goods are at the risk of the Customer from the time of delivery
(f) When the Order is for multiple units Minerva reserves the right to deliver in more than one consignment. Where the goods are delivered in instalments each delivery shall constitute a separate contract and failure by Minerva to deliver any one or more of the instalments in accordance with These Conditions, or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
6. Warranty and Liability
(a) Unfortunately, due to the customised nature of the Goods, Minerva cannot except returns of non-faulty Goods which correspond to their description.
(b) Minerva will remake any earpiece returned due to poor fit within 30 days of dispatch of goods.
(c) On the customers’ request, Minerva will exchange the filter in any custom made filtered earplug at no additional cost within 30 days of dispatch of goods for a filter with a higher or lower level of attenuation. Filters will only be exchanged for filters with comparable noise reduction characteristics (i.e. LD-filters will only be exchanged for LD-filters, MS-filters will only be exchanged for MS-filters).
(d) Nothing in These Conditions excludes liability for loss arising from fraud, death or personal injury caused by negligence.
(e) Minerva Hearing Warrants that inside the warranty period, according to its own discretion, it will either repair or replace any goods that it accepts as being defective. All product is tested and deemed fit for purpose before dispatch to the customer. This warranty does not cover In Ear Monitors and Hearing protection products that suffer damage to improper handling, accident, unauthorised repair, changes in ear physiology, fair wear and tear, damage caused by aural secretions, immersion in any fluids and the use of solvents.
Product that is tested and deemed fit for purpose will be returned to the customer, or in the event of testing and diagnosing a fault, will be repaired before returning to the customer.
(f) Minerva shall not be liable for any loss howsoever caused arising from a breach of contract, including but not limited to; foreseeable loss, indirect loss, loss of profit as well as damages arising out of the misuse of the Goods.
(g) The aggregate liability of Minerva (including negligence) or breach of statutory duty or otherwise to the Customer for loss or damage shall be limited to and in no circumstance exceed the price of the Goods.
(h) Subject as expressly provided in These Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(i) Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), the statutory rights of the Buyer are not affected by These Conditions.
(a) Minerva guarantees all Goods against defective manufacture and/or materials and component failure for one year from the date of purchase. This is in addition to your statutory rights.
(b) This guarantee does not cover:
· Damage due to abuse/neglect
· Attempts to rectify any damage by unauthorised persons
· Blockage due to wax ingress, or moisture or debris in earpiece
(c) In the event that the Goods have any defects covered by guarantee, the Customer should send them, along with proof of purchase, to Minerva’s registered address and Minerva will replace them free of charge.
(d) Before returning your product to Minerva, please ensure it has been cleaned according to the instructions in your cleaning booklet. Earpieces which have not been cleaned may incur a £10 cleaning charge.
(a) Minerva may assign or subcontract the Contract or any part of it and may dispose in any manner with any of its rights or beneficial interests under it.
(b) The Customer may not assign the Contract or dispose of or deal in any manner with any of its rights or beneficial interests under it.
9. Force Majeure
Minerva shall have no liability in respect of failure or delay in delivery or in the performance of any obligations under the contract due to any cause outside their control, including but not limited to, act of God, fire, floods, war, civil disturbances, riot, act of Government, currency restrictions, industrial disputes, unavailability of materials of failure of supplier, carrier or sub-contractor to deliver on time.
10. Law and Jurisdiction
This Contract shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Ear Impressions cannot be taken for children under the age of 5 years
MusicPlugs Green deliberately does not meet the minimum attenution of 12dB above 1KHz that is required by the EN352-2 standard in order to acheive the attenuation curve for this product, it is therefore not tested or certificated under this standard