Terms and Conditions
These terms and conditions shall apply to: – ‘Earproof.com ‘: Earproof.com is registered to the chamber of commerce in Rotterdam under the number 24377372, and to the customer: the potential buyer of goods and/ or services of Earproof.com
Article 1. General
The terms and conditions will apply to all offers and agreements as well as all products and services provided by Earproof.com, unless otherwise agreed in writing.
The applicability of any specific terms or conditions of the customer will be explicitly be rejected by Earproof.com
All prices shown on Earproof.com are in Euros (€), include value added tax (VAT) and other levies imposed by the government.
Earproof.com is not liable, either under the law, nor under agreement for any injuries caused by the use of the products by the customer or any third party by the use of the products. This also includes loss of profits, business interruption, loss of data and immaterial damage.
Deviations from and additions to any provision in an agreement and/or the terms of conditions apply only if they are written by Earproof.com and relate only to the relevant agreement.
Article 2. Quotation
Earproof.com is only bound to an offer if the unmodified acceptance is confirmed by the customer in writing within 8 (eight) days unless stated otherwise in the quotation/ agreement.
Article 3. Agreement
The customer is tied to the agreement in all cases, whether orally or agreed upon by email.
Earproof.com reserves itself the right to decline an order without giving a specific reason, or proceed under different conditions. If the job can only be executed under different conditions Earproof.com will give the customer the change to cancel the contract without charge.
If and insofar as the proper execution of the agreement requires c.q. permits, Earproof has the right to relinquish certain activities to third parties.
Article 4. Delivery time
All delivery deadlines given by Earproof.com are approximate and are determined on the basis of data and circumstances known at the time of the conclusion of the agreement. Quoted delivery times will never be regarded as a deadline. If a change in the data and/or conditions, regardless of the foreseeability thereof, delays result, the date of delivery will be delayed accordingly. If the delivery delays Earproof must give the customer a written notice, whereby a new and reasonable delivery time should be presented.
Exceeding of the delivery time by Earproof.com will never entitle the customer to compensation or non-fulfilment of any of its obligations from the agreement or any related agreements.
In case Earproof.com dissolves the order in whole or in part, she is entitled to the unpaid portion of the take back delivered. Dissolution and / or return affect the right of Earproof.com in damages. Taken by him, the goods stored at his disposal for his account and risk.
In case Earproof.com exceeds the maximum delivery time of 30 days, the purchaser is entitled to a refund of the purchase and can terminate the contract without charge. In this case the customer must send an email, fax or letter to Earproof.com. Any made payment regarding the cancelled order shall be returned within the next 30 days after notification.
Article 5. Changes to the agreement
If during the execution of the agreement shows that for a proper implementation it is necessary to change the work to be performed or supplement will be parties and mutually amend the Agreement.
If the parties agree that the agreement shall be amended or supplemented, the time of completion of the implementation can be affected. Earproof.com will bring the customer as quickly as possible thereof.
If the amendment or supplement to the agreement has financial and / or qualitative consequences, Earproof.com will inform the buyer about it in advance. If a fixed fee has been agreed Earproof.com will indicate to what extent the amendment or supplement to the agreement will result in an increase of said fee.
In contrast to article 3. Earproof.com will not be able to charge any additional costs if the change or complement is the result of circumstances that can be attributed to Earproof.com.
Article 6. Termination/ Dissolution
In case of termination of the made agreement Earproof.com has the right to charge the customer with costs already made. It is also entitled to a fix part of the total compensation taking into account that the already undertaken work gives the customer an advantage.
The claims made by Earproof towards the customer shall be due immediately in the following cases:
-In case Earproof.com has asked the customer to provide security for the fulfilment of the agreement and the customer fails to deliver a form of security or is insufficient in the delivery.
-In case Earproof.com has liable proof that the customer will not fulfil its obligations after the agreement has been made.
In both cases Earproof.com is entitled to terminate the agreement without prejudice to the right of compensation of Earproof.com.
Article 7. Cooling down period
After receiving the ordered product, the customer has competence to cancel the made agreement with Earproof.com within seven (7) days without having to give any specific reason.
If the customer wished to terminate the agreement under article 7.1 he must notify Earproof.com in writing (either email or letter). The customer has to send back the product in the original, undamaged packaging. Opened packages are not taken back; opening the package means you want to keep the product. When returning the product, the customer is held accountable for the costs and risks of returning the parcel.
If the customer has already paid for the delivered products when choosing to terminate the agreement with Earproof.com according to article 7.1 and 7.2 of these terms and conditions, Earproof.com will deposit the refund within 14 days after receiving the products from the customer. Earproof.com has the right to decline any send back products or pay back only a certain amount of the made payment if there is the suspicion that the customer already opened the package. Or if the product has been damaged by the customer or whilst sending it back to Earproof.com
If the product is being returned and Earproof.com finds damages that are brought back to the customer, they will notify the customer through letter or email. Hoordoppen.nl has the right to withdraw a certain amount of the total bill when paying back the customer.
Article 8. Execution
Earproof.com will execute the agreement to its best abilities. In case there is now fixed fee the price will be determined based upon the actual hours that have been spend on finalizing and completing the agreement. The fee will be calculated according to the conventional hourly rate of Earproof.com. The fixed fee will be applicable for the period in which the work has been done, unless a deviating hourly rate has been agreed upon.
Article 9. Compensation
For agreements and deals in which a fixed fee is offered and has been agreed upon Article 2 of these terms and conditions is valid. If there is no agreement on the fee then follow Article 3, 4, and 5.
Parties may come to an agreement of a fixed fee in the process of ordering from Earproof.com. The fixed prices include VAT, travel time, travel costs and accommodation. For contracts with a duration longer than one month the fees will be charged in a monthly bill.
Article 10. Payment
If not expressly agreed upon otherwise, the delivery will only be made if the order has been paid for in advance. The buyer is in default if he has not paid the invoice within 14 days after the payment deadline. In this case all claims, for whatever reason will be claimable for Earproof.com
Article 11. Warranty
The warranty has been determined by the applicable law, in which the customer is allowed to exchange the goods in case of defects. If the swapped product is also defective the customer can ask for a refund instead of another exchange. The full purchase price will be refunded (excluding the shipping costs). See article 7.
Article 12. Retention
All the delivered products remain possession of Earproof.com until all the bills have been paid by the customer and to respect of claims for failure to comply with the made agreement.
The customer is liable for careful treatment of the good and lacks the right to encumber the goods as long as the buyer has not fully met its obligations to Earproof.com. In case Earproof.com decides to dissolve the entire or partly order it is entitled to take back the unpaid portion of the delivered goods. Dissolution and or return of the goods does not change the right of Earproof.com to hold a claim for made costs.
Article 13. Superior circumstances
The fulfilment of obligations will be suspended in case Earproof.com can not fulfil its obligations towards the customer due to superior circumstances until the the circumstances have progressed and the problem has been dissolved.
The customer is not entitled to any form of compensation payment due to superior circumstances. Not even if the the circumstances will deliver Earproof.com any advantages.
In case of any superior circumstances Earproof.com will notify the customer as soon as possible.
Article 14. Defects, complaint term
Any complaints about the collaboration with Earproof.com should be submitted in writing within 8 days, at max 30 days after the completion of the agreement.
If a complaint is justified Earproof.com will perform the work as agreed upon unless otherwise agreed.
Article 15. With regard to the website
Earproof.com nor any of its employees can be hold responsible for exceeding data limits of any kind provided by the Hosting Provider of the customer.
Our offer will specify at the minimum requirements for the hosting account or provide a direct advice for a particular hosting package. If the customer decides to use one of the specialized hosting packages the risk is for the purchaser.
In this case Earproof.com can not guarantee the correct delivery and will deliver the website on CD-ROM if necessary. Costs for this will be charged at an hourly rate.
The customer shall ensure that all the data needed, indicated by Earproof.com and reasonably understandable for the execution of the agreement, will be provided to Hoordoppen.nl. If the data is not provided in time Earproof.com has the right to suspend the agreement and / or charge the customer for any additional costs resulting from delay. Upon request Earproof.com will forward the customer a list with all the required data that deems necessary to carry out the assignment.
Article 16. Applicable law
The Dutch law will be applied to every agreement made with Earproof.com