Terms and Conditions

1.1 These are the terms and conditions on which we supply products to you, whether these are goods or digital content (such as software).

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.

1.3 Clause 13(Our responsibility for loss or damage suffered by you) is particularly important as it explains what our liability to you will be in certain circumstances.

1.4 If you are purchasing our Dubler software then you must comply, and must ensure that any users of your licence to the software comply, with our End User Licence Agreement (EULA), as updated from time to time, which is accessible from https://vochlea.com/legals/eula. A breach of this clause allows us to terminate the contract, and your licence, under clause 10.1.4(We may end the contract if you break it).

2.1 Who we are. We are Vochlea Music Ltd trading as Vochlea. We are registered in England and Wales with company number 10569561 and our registered office is at Vochlea Music Ltd, 85 Great Portland Street, First Floor, London, W1W 7LT. Our registered VAT number is GB310138263.

2.2 How to contact us. You can contact us by email to help@vochlea.co.uk or by post to Vochlea Music Ltd , 85 Great Portland Street, First Floor, London, W1W 7LT. 

2.3 How we may contact you. If we must contact you, we will do so by telephone (if you have provided a contact telephone number) or by writing to you at the email address or postal address you provided to us in your order or enquiry.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

3.1 We currently ship to the following countries and territories: UK, US, Canada, Australia, New Zealand and the EU. We reserve the right to cancel orders, without liability to you, where the delivery address is outside of these countries/territories.

3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you for the product.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.1 Products may vary slightly from their pictures. The images and footage of the products on our website and in our marketing materials are for illustrative purposes only. Your product may vary slightly from those shown. Images and footage on our website of the Dubler 2 software may feature older versions of the software. The version you receive may differ visually and in terms of functionality in minor ways.

4.2 Product packaging may vary. Where applicable, the packaging of the product may vary from that shown in images on our website and in our marketing materials.

If you wish to make a change to your order then please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 (Your rights to end the contract)).

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements.

6.2 More significant changes to the products or these terms. If we need to make changes to main characteristics of the products, or material changes to these terms, then we will notify you in writing before dispatching the products. You may then contact us within the specified period to end the contract before we dispatch the updated products, or the updated terms take effect, and you will receive a refund for any products paid for but not received.

6.3 Updates to Dubler software. We may update Dubler, or require you to download and apply updates to the software, from time to time.

7.1 Delivery costs. The costs of delivery (if any) will be as displayed to you on our website as part of the order process.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

7.2.1 If the products are goods. If the products are goods then we will endeavour to deliver them to you by the estimated date for delivery which was provided to you as part of the order process.

7.2.2 If the product is Dubler software. We will make the software available for download shortly after we accept your order. If you have already installed the Dubler software (e.g. as part of our free trial) then we will activate the licence on the account you used to submit the order shortly after we have accepted your order. This process is automated but there may be a slight delay whilst the licence is activated on your account. If the licence has not been activated on your account after two hours then please contact us for assistance.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 (You must compensate us if you break the contract) will apply.

7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to your delivery address.

7.7 When you own goods. You own a product which is goods once we have received payment in full.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. For example, if we suspect you have made a mistake in your delivery address then we will need to confirm the correct address with you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 (You must compensate us if you break the contract) will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:

7.9.1 to deal with technical problems or to make minor technical changes; or

7.9.2 to update the product to reflect changes in relevant laws and regulatory requirements.

8.1 Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, whether we have done anything wrong and when you decide to end the contract:

8.1.1 If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) - please see clause 11 (If there is a problem with the product) for further details.

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do - please see clause 8.2 (Ending the contract because of something we have done or are going to do) for further details.

8.1.3 If you have changed your mind about the product - please see clause 8.3 (Returns policy) for further details. 8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2 (More significant changes to the products or these terms));

8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or

8.2.4 you have a legal right to end the contract because of something we have done wrong.

8.3 Returns policy. For purchases made through the Vochlea online store for physical products, we offer a 30-day returns policy. You’re welcome to return the item in exchange for a full refund provided that the following criteria is met.

For purchases made of digital products through the Vochlea online store, we offer a 14-day return policy. You’re welcome to return the item in exchange for a full refund, provided that you notify us of your refund request within 14 days of placing your order. 

To request a refund, login to your Vochlea account here and follow the steps in the Returns section. Please note that we are not responsible for return shipping costs.

Our returns policy is in line with the Consumer Contracts Regulations 2013.

1. You notify us of your refund within 30 days of placing your order.

2. Physical goods are received within 14 days of the return request

3. The goods are received ‘as-new’ and undamaged.

4. The serial code card is included as part of the return if it is a physical product.

9.1 Tell us you want to end the contract. To end (i.e. cancel) the contract with us, please let us know by doing one of the following:

9.1.1 Email. Email us at help@vochlea.co.uk. Please provide your name, order number, address and your phone number and email address.

9.1.2 By post. Write to us at Vochlea Music Ltd, 85 Great Portland Street, First Floor, London, W1W 7LT, including your name, order number, phone number, email address and postal address.

9.2 Model cancellation form. You may (but are not obliged to) cancel the contract using the following form, which you can post or email to us: (Complete and return this form only if you wish to withdraw from the contract) To Vochlea Music Ltd, 85 Great Portland Street, First Floor, London, W1W 7LT or help@vochlea.co.uk I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

………………………..

Name of consumer(s),

………………………..

Address of consumer(s),

………………………..

Signature of consumer(s) (only if this form is notified on paper),

………………………..

Date

[*] Delete as appropriate

9.3 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Where the products are goods, you must post them back to us in accordance with our instructions.If the product is software then we will terminate the licence associated with your account when the contract ends.

9.4 When we will pay the costs of return. We will pay the costs of returning goods:

9.4.1 if the products are faulty or misdescribed; or

9.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong, but in all other circumstances you must pay the costs of returning the goods.

9.5 How we will refund you. We will refund you the price you paid for the products (including applicable delivery costs) by the method you used for payment.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.6.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

9.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer; and

9.6.3 where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.7.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.3(Returning products after ending the contract).

9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, where we suspect you have made a mistake in your delivery address;

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you;

10.1.4 the contract is for Dubler software and you breach, or permit a third party to breach, the terms of our End User Licence Agreement (available from https://vochlea.com/legals/eula], as it may be updated from time to time).

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 (We may end the contract if you break it) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 Termination of your licence. If we end the contract then we will terminate your licence to the Dubler software.

11.1 How to tell us about problems. If you have any questions or complaints about the product, please first check our help pages and knowledge base which can be accessed from https://vochlea.com/tutorials. If this does not resolve your issue then you can contact our customer service team by email to help@vochlea.co.uk or you can write to us at Vochlea, 85 Great Portland Street, First Floor, London, W1W 7LT.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights under the law of England and Wales.

If the product you have bought is goods, such as physical audio equipment, then the law says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days from date of purchase: if your goods are faulty, then you can get an immediate refund.

b) Up to six months from date of purchase: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years from date of purchase: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3 (30-days return policy) which explains our 30 days returns policy.

If your product is digital content, such as software, the law says digital content must be as described, fit for purpose and of satisfactory quality. If:

a) If your digital content is faulty, you're entitled to a repair or a replacement.

b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

See also clause 8.3 (30-days return policy)  which explains our 30 days returns policy.

If your product is services, then the law says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 8.3 (30-days return policy) which explains our 30 days returns policy.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If the product is software then we will deactivate your account for you. We will pay the costs of postage or collection provided you contact us beforehand to arrange the return.

12.1 Where to find the price for the product. The price of the product (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. Accepted payment methods are listed when you check out. Third party payment services may have additional terms and conditions which you should read carefully before using those services.

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 (Summary of your legal rights); and for defective products under the Consumer Protection Act 1987

13.3 When we are liable for damage to your property. If: 

13.3.1 we are providing services in your property then we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services; and

13.3.2 defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill then we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.1 All intellectual property rights in the products throughout the world belong to us or our licensor(s). Rights in our software products are licensed (not sold) to you.

14.1 Where we have supplied you with software, you have no right to have access to the software in source code form other than as expressly provided (if at all) in our applicable End User Licence Agreement (EULA).

14.2 Where we have supplied you with software, you have no right to have access to the software in source code form other than as expressly provided (if at all) in our applicable End User Licence Agreement (EULA).

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy, as updated from time to time, which you can access from https://vochlea.com/legals/privacy-policy.

16.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales. You can bring legal proceedings in respect of the products in the English courts only.