Terms And Conditions

General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting in the course of a profession or business and

enters into a distance contract with the trader;

Day: calendar day;

Long-term contract: a distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over time;

Durable medium: any means that enables the consumer or trader to store information directed to them personally in a way that facilitates future access and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

Trader: a natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer as part of an organized system for distance selling of products and/or services, where only one or more remote communication techniques are used for the conclusion of the contract;

Remote communication technique: a means that can be used to conclude a contract without the consumer and trader being in the same place simultaneously.

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the Trader

SL Commerce B.V.
Brinklanderweg 24, 6744PC, Ederveen, The Netherlands
Chamber of Commerce Number: 91969743
E-mail: info@easyhear-za.com

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in some other way upon request.

In the event that alongside these general terms and conditions there are also specific product or service conditions applicable, the second and third paragraphs shall apply by analogy, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the remaining agreement and these terms and conditions shall remain in full force, and the null and void or annulled provision shall be replaced by a provision that approximates the purpose of the original provision as closely as possible, in consultation between the parties.

Situations not governed by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be construed 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs duties and import VAT. These additional costs shall be borne by and at the expense of the customer. In relation to import, the postal and/or courier service shall use the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country of destination, which is also the case in the present circumstances. The postal and/or courier service shall collect the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;

the possible costs of delivery;

the manner in which the agreement will be concluded and the actions required for that purpose;

whether or not the right of withdrawal applies;

the means of payment, delivery, and execution of the agreement;

the term for acceptance of the offer, or the term within which the trader guarantees the price;

the rate for communication at a distance, if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;

the manner in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;

the languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance agreement in case of a continuous performance contract. Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.

If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall also take appropriate security measures for this purpose.

Within the legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur shall send the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier with the product or service:

The visiting address of the entrepreneur's establishment where the consumer can address complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and after-sales service;
The data mentioned in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day following the receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product, by means of a written message/email. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the customer has not reported after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the web retailer or that conclusive evidence of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

which have been produced by the entrepreneur in accordance with the consumer's specifications;
which are clearly of a personal nature;
which by their nature cannot be returned;
which can spoil or age quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
where delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that prices may be indicative and subject to fluctuations will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day the price increase takes effect.

Delivery is based on Article 5, paragraph 1 of the Value Added Tax Act 1968 in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT or customs clearance fees. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that were in effect on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur's instructions and/or packaging instructions.
The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care when receiving and executing product orders.

Subject to what is stated in Article 4 of these general terms and conditions, the company will fulfill accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer.

If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time by the end of the specified duration, subject to the agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the preceding paragraphs:

At any time and is not restricted to termination at a specific time or in a specific period.
By using the same method as that used by him for entering into the agreement.
Always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period that aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a specific duration.

Contrary to the previous paragraph, an agreement entered into for a definite period that aims to regularly deliver daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer is able to terminate this renewed agreement at the end of the renewal period with a notice period of up to one month.

An agreement entered into for a definite period that aims to regularly deliver products or services may only be tacitly renewed for an indefinite period if the consumer is always able to terminate it with a notice period of up to one month and a notice period of up to three months in case the agreement aims to regularly, but less than once a month, deliver daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6, paragraph 1, has commenced. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs that have been communicated in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer is domiciled abroad.