Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • All notices from FocusEar to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to FocusEar shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

    2575 S. U.S. Hwy 17-92 #154
    Casselberry, FL 32707

    Delivery shall be deemed to have been made by You to FocusEar five (5) days after the date sent.

  • Copyright
  • All content appearing on this Web site is the property of:

    2575 S. U.S. Hwy 17-92 #154
    Casselberry, FL 32707

    Copyright © 2013-2020 FocusEar. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2013-2020 FocusEar. All rights reserved.

  • Trademarks
  • All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by FocusEar. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of FocusEar or any third party, except as expressly granted herein.

  • Use Of Site
  • This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. FocusEar and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if FocusEar believes that customer conduct violates applicable law or is harmful to the interests of FocusEar and its subsidiaries.

  • Consumer Agreement
  • Purchasing products from FocusEar includes your understanding that FocusEar products are Personal Sound Amplifiers as discussed in the FDA Guidance document "Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products."  Further, by purchasing products from FocusEar, you grant that no effort will be made to discredit or malign, or re-classify the product as a "hearing aid" or "product for the hearing impaired" before any local, state, or federal governing body, including but not limited to those that oversee the Audiology or Hearing Aid Dispensers in each State and Territory.  You agree that any such actions will deem you personally liable for any litigation or legal expense brought forth to FocusEar, its affiliates, distributors, or officers thereof.

  • Shipping & Delivery
  • At this time, FocusEar ships merchandise to locations within the contiguous United States.  Additional shipping costs will be added for other U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands.  FocusEar has other distributors in international locations so please check our Contact Us page for those listings. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.  While we fully anticipate a quick turnaround on all orders (between 3-5 days), we reserve the right to ship the products up to 15 days after receipt of your order and processing of your payment.

  • Sales Tax
  • FocusEar charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

  • Warranties
  • 1. WEBSITE AND CONTENT:   The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. FocusEar makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. FocusEar SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL FocusEar BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    -- OR Depending on State --

    The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by FocusEar.

    The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. FocusEar is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

    The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not FocusEar.

    The inclusion of material on this server does not imply any endorsement by FocusEar, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

    A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although FocusEar tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

    2. PRODUCT AND SUPPLIES/ACCESSORIES: FocusEar warrants the original consumer for parts and labor as specified below for a period of one year from date of purchase (Occasionally we will grant a two year warranty or our distributors will offer a two year warranty and if so, you will find it listed on your Invoice):

    The Warranty provided herein is not assignable or transferable and is given in lieu of all other express warranties. It may not be extended or modified. Any implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, are limited in duration and expire at the termination date of this written warranty.

    The liability of FocusEar under this Warranty or under any implied warranty of merchantability or fitness for a particular purpose is limited to repair or replacement of the product. All other obligations or liabilities, including liability for special, incidental or consequential damages on the part of FocusEar, are hereby excluded. Without extending the length of any warranties given by FocusEar, it is agreed that any action against FocusEar for breach of warranty must be commenced within three (3) months of the expiration of the term of the warranty period, including any extension which may apply due to the purchase of an extended warranty.

    Repairs will be provided at no charge under the terms of this warranty as a result of defective parts or workmanship and can be obtained by shipping the instrument directly to FocusEar (along with copy of purchase receipt) securely packaged and insured.

    Defective parts will be replaced with new or rebuilt equivalent parts. Batteries, tubing, concha locks and tips are not covered. Replacement parts are warranted for the remaining portion of the warranty period. Any unauthorized repair will void warranty.

    This warranty is void when damage incurred is beyond FocusEar’s control (i.e., exposure to water or heat, stepped on or crushed, dog bite damage, moisture damage, etc.). Excessive wax related repairs are not due to manufacturing defects and may be considered out of warranty due to customer neglect.

    Some states may not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you.

  • Return Policy
  • A RMA (return materials authorization) must be included in your package.  Please call us before returning the product(s) to get an RMA number.  FocusEar reserves the right to change its payment procedures at any time without prior notice to you.  FocusEar grants a sixty day (60) right to return goods, in their original new condition, undamaged.  This sixty day (60) period begins [day one] on the date printed on your invoice.  Your credit will be refunded within 15 days of our receipt so that we may inspect the product and packaging for damage.  Product must be received from the carrier (package it well, and insure it) in new working condition. Shipping will not be credited on supplies.   If a product or package is damaged, as determined solely by FocusEar, customer will be contacted an informed as to whether a credit can be issued and for how much.  Customer will be given the opportunity to retain the product if the credit is unsatisfactory.  Standard shipping charges will only be credited if an RMA number was requested, and included in the package.  Rush shipping charges will never be refunded.

  • Store Hours
  • Customer service is available from 9:00AM - 5:00PM Eastern time zone.

  • Miscellaneous
    Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. FocusEar and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

    GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of FocusEar shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

    MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and FocusEar with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and FocusEar with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by FocusEar. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.