Terms and Conditions

In these general terms and conditions the following definitions apply:

– ”Earproof.com”: Earproof.com, registered with the Chamber of Commerce in Rotterdam under number 24377372.
– ”Customer”: the potential customer of goods and/or services from Earproof.com.

Article 1. General

These general terms and conditions apply to all quotations and agreements, as well as all products and services supplied by Earproof.com, unless expressly agreed otherwise in writing.

The applicability of any general specific terms or conditions of the Customer is expressly rejected by Earproof.com.

All prices are indicated in Euros (€), including sales tax (VAT) and other levies imposed by the government. Earproof.com is not liable, neither by law nor by Agreement, for so-called consequential damage that the Customer or a third party may suffer in connection with (the use of) the Products. This also includes loss of profit, business damage, loss of data and immaterial damage.

Deviations from and additions to any provision in an Agreement and/or the General Terms and Conditions only apply if they have been recorded in writing by Earproof.com and only relate to the relevant Agreement.

Article 2. Quotations

Earproof.com is only bound to a quotation if the unaltered acceptance thereof is confirmed in writing by the Customer within 8 days, unless stated otherwise in the quotation/agreement.

Article 3. Agreement

The Customer is bound by the agreement in all cases. Even if this is agreed verbally or by e-mail.

Earproof.com reserves the right not to accept orders or assignments without stating a reason, or only under different conditions. If the order can only be carried out under different conditions, the Customer has the right to cancel the order free of charge.

If and insofar as proper execution of the agreement requires or permits this, Earproof.com has the right to have certain work carried out by third parties.

Article 4. Delivery time

All (delivery) periods stated by Earproof.com are approximate and have been determined on the basis of the data and circumstances known to Earproof.com at the time the agreement was entered into. Specified delivery times can never be regarded as a deadline. If a change in the data and/or circumstances, regardless of their foreseeability, results in a delay, the delivery date will be delayed accordingly. In the event of late delivery, Earproof.com must be given written notice of default, whereby it must be offered a reasonable period for delivery.

Exceeding the delivery times specified by Earproof.com, for whatever reason, never entitles the Customer to compensation or non-fulfillment of any obligation incumbent on him under the relevant agreement or a related agreement.

In the event that Earproof.com cancels the order in whole or in part, it is entitled to take back the unpaid part of the delivered goods. Dissolution and/or return does not affect Earproof.com’s right to compensation. If they are collected by him, the goods will be stored at his disposal at his expense and risk.

If the maximum delivery time of 30 working days is exceeded, the Customer has the right to terminate the agreement free of charge. For this purpose, the Customer must send an e-mail, fax or letter to Earproof.com. In that case, any payments will be returned within 30 working days after notification.

Article 5. Changes to the Agreement

If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Earproof.com will inform the Customer of this as soon as possible.

If the change or addition to the agreement has financial and/or qualitative consequences, Earproof.com will inform the Customer of this in advance. If a fixed fee has been agreed, Earproof.com will indicate to what extent the change or addition to the agreement will result in this fee being exceeded.

Notwithstanding paragraph 3, Earproof.com will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Earproof.com.

Article 6. Termination/Dissolution

In the event of premature termination, Earproof.com is, in addition to reimbursement of the costs incurred, entitled to a reasonably determined part of the total compensation, taking into account the work already performed and the benefit that the Customer receives from it.

Earproof.com’s claims on the Customer are immediately due and payable in the following cases: – if circumstances come to Earproof.com’s attention after the conclusion of the agreement give Earproof.com good reason to fear that the Customer will not fulfill its obligations ; – if Earproof.com has asked the Customer to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.

In the cases mentioned above, Earproof.com is entitled to terminate the further execution of the agreement, without prejudice to Earproof.com’s right to claim damages.

Article 7. Cooling-off period

After the customer has received the product he/she ordered, the customer has the authority to terminate the underlying agreement with Earproof.com within seven (7) working days after receipt of this product. The customer does not have to give a reason for this.

If the customer wishes to terminate the agreement in accordance with Article 7.1 of these conditions, the customer must notify Earproof.com in writing (via e-mail or letter). The customer must send the product – after consultation with Earproof.com – to a return address determined by Earproof.com. This must be done in the original, undamaged packaging. Opened packages will not be taken back; opening the package means that you wish to keep the product(s). The customer must bear the costs and risk of shipping himself.

If the customer has already made any payments at the time the customer concludes the agreement with Earproof.com pursuant to Article 7.1. and 7.2 of these Purchase Conditions, Earproof.com will refund these payments to the customer within fourteen (14) working days after Earproof.com has received the product returned by the customer. Earproof.com reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been opened, used or due to the fault of the customer (other than that of Earproof. com or the supplier of the product) is damaged.

If a product is returned that, in the opinion of Earproof.com, has suffered damage that is due to an act or omission of the customer or is otherwise at the customer’s risk, Earproof.com will inform the customer in writing (by letter or e-mail). -mail). Earproof.com has the right to deduct the depreciation of the product as a result of this damage from the amount to be refunded to the customer.

Article 8. Execution

Earproof.com will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

If no fixed price is agreed, the compensation will be determined on the basis of actual hours spent. The compensation is calculated according to Earproof.com’s usual hourly rates, applicable for the period in which the work is carried out, unless a different hourly rate has been agreed.

Article 9. Compensation

Paragraph 2 of this article applies to offers and agreements in which a fixed price is offered or agreed. If no fixed fee is agreed, paragraphs 3, 4 and 5 of this article apply.

Parties can agree on a fixed price when concluding the agreement. The fixed price includes VAT, travel hours, travel and accommodation costs. Any cost estimates include VAT, travel hours, travel and accommodation costs. For orders with a term of more than 1 month, the costs due will be charged monthly.

Article 10. Payment

Unless expressly agreed otherwise, delivery will only take place upon advance payment.

If the Customer has not paid an invoice from Earproof.com within 14 days after the payment term, the Customer is in default. In that case, all claims of Earproof.com on the Customer for whatever reason are immediately due and payable.

Article 11. Warranty

The warranty is determined in accordance with applicable law, whereby in the event of defects we will first exchange the products if desired. If the exchanged product also shows defects, you can return the products for a refund of the full purchase amount (excluding shipping costs). See also Article 7

Article 12. Retention of title

All goods delivered to the Customer remain the property of Earproof.com until full payment of all amounts, including costs, that the Customer owes for the goods delivered or to be delivered under the agreement or services performed or to be performed, as well as for regarding claims due to failure to comply with the aforementioned agreement.

The Customer is obliged to ensure careful handling of the goods and does not have the right to encumber and/or pledge the delivered goods and/or to establish (silent) liens on the delivered goods other than after written permission from Earproof.com, as long as the Customer has not fully fulfilled its obligations to Earproof.com.

In the event that Earproof.com cancels the order in whole or in part, it is entitled to take back the unpaid part of the delivered goods. Dissolution and/or return does not affect Earproof.com’s right to compensation. are collected by him, the goods will be stored at his disposal at his expense and risk.

Article 13. Force majeure

If Earproof.com cannot fulfill its obligations towards the Customer due to force majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure situation.

In the event of Force Majeure, the Customer is not entitled to any (damage) compensation, even if Earproof.com may have any advantage as a result of the force majeure.

Earproof.com will inform the Customer as soon as possible of (impending) Force Majeure.

Article 14. Defects; Complaint period

Complaints about the work performed must be reported in writing by the Customer to Earproof.com within eight days of discovery, but no later than thirty days after completion of the work in question.

If a complaint is justified, Earproof.com will still carry out the work as agreed, unless otherwise agreed.

Article 15. Regarding Websites

Neither Earproof.com nor any of its employees will be held responsible for exceeded Data Limits (of any form) set by the customer’s Hosting Provider.

Our quotation will always specify the minimum requirements for the hosting account, or provide direct advice for a specific hosting package.

If the Customer decides to purchase a hosting package that deviates from the recommended hosting specifications, this is at the Customer’s risk. In this case, Earproof.com cannot guarantee correct delivery and will provide the website on CD-ROM if necessary, or find another solution in consultation. Costs for this are charged at an hourly rate.

The Customer ensures that all information that Earproof.com indicates is necessary or of which the Customer should reasonably understand that it is necessary for the execution of the agreement, is provided to Earproof.com in a timely manner. If the information required for the execution of the agreement has not been provided to Earproof.com in a timely manner, Earproof.com has the right to suspend the execution of the agreement and/or charge the Customer for the additional costs resulting from delay according to the usual rates. to bring. Upon request, Earproof.com will provide the Customer with a list indicating what information Earproof.com considers necessary for the execution of the order.

Article 16. Applicable law

Dutch law applies to every agreement between Earproof.com and the Customer.