Terms and conditions

Article 1 - Definitions

1. Ancillary contract: a contract under which you acquire products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party under an arrangement between that third party and the trader;
2. Withdrawal period: the period during which you can exercise your right of withdrawal;
3. Consumer: a natural person acting for purposes outside their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Ongoing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any means, including email, that allows you or the trader to store information addressed personally to you or the trader in a way that enables future access or use for a period appropriate to the purpose of the information, and allows the stored information to be reproduced unchanged;
8. Right of withdrawal: your right to withdraw from a distance contract during the withdrawal period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, digital content or access to it, and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and you under an organized system for the distance sale of products, digital content and/or services, using one or more means of distance communication, exclusively or in part, up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if you have no right of withdrawal for your order;
12. Means of distance communication: a means that can be used to conclude a contract without you and the trader being physically present in the same place at the same time.

Article 2 - Trader's identity

Legal form: Eardopes B.V.

Head office: Zuid Hollandlaan 7, 2596 AL The Hague, the Netherlands

Chamber of Commerce number: 94072310

VAT number: NL866625343B01

Phone number: +31 70 808 0134

Email for customer inquiries: klantenservice@eardopes.nl

If the trader's activities are subject to a relevant licensing scheme: details of the supervisory authority.

If the trader practices a regulated profession:

• the professional association or organization to which the trader belongs;
• the professional title and the place in the EU or European Economic Area where it was awarded;
• a reference to the professional rules applicable in the Netherlands and information on where and how to access these rules.

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the trader and every distance contract concluded between the trader and you.
2. These terms and conditions will be made available to you before the distance contract is concluded. If this is not reasonably possible, the trader will explain before the contract is concluded how you can view the terms and conditions at the trader's premises and that they will be sent to you free of charge as soon as possible on request.
3. If the distance contract is concluded electronically, these terms and conditions may, in departure from the previous paragraph, be provided electronically before the contract is concluded in a way that allows you to easily save them on a durable medium. If this is not reasonably possible, you will be told before the contract is concluded where you can view the terms and conditions electronically and that they will be sent to you free of charge, electronically or otherwise, on request.
4. If specific product or service terms apply in addition to these terms and conditions, paragraphs 2 and 3 apply accordingly. If the terms conflict, you may always rely on the applicable provision most favorable to you.

Article 4 - The offer

1. If an offer is valid for a limited period or is subject to conditions, this will be clearly stated in the offer.
2. The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is detailed enough for you to assess the offer properly. Any images used by the trader accurately represent the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Every offer includes enough information to make clear which rights and obligations apply if you accept it.

Article 5 - The contract

1. Subject to paragraph 4, the contract is concluded when you accept the offer and meet the conditions attached to it.
2. If you accept the offer electronically, the trader will promptly confirm receipt of your acceptance electronically. Until the trader has confirmed receipt of your acceptance, you may cancel the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If electronic payment is available, the trader will take appropriate security measures.
4. Within the limits of the law, the trader may check whether you can meet your payment obligations and investigate any facts and factors relevant to responsibly entering into the distance contract. If this investigation gives the trader sound reasons not to enter into the contract, the trader may refuse an order or application, giving reasons, or attach special conditions to its performance.
5. No later than when the product, service or digital content is supplied, the trader will provide you with the following information in writing or in a way that allows you to store it accessibly on a durable medium:
   1. the street address of the trader's establishment where you can submit complaints;
   2. the conditions and procedure for exercising your right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   3. information about warranties and existing after-sales service;
   4. the price of the product, service or digital content, including all taxes; any applicable delivery costs; and the method of payment, delivery or performance of the distance contract;
   5. the requirements for terminating the contract if it lasts longer than one year or is open-ended;
   6. the model withdrawal form, if you have a right of withdrawal.
6. For ongoing contracts, the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. You may withdraw from a contract to purchase a product during a withdrawal period of at least 14 days without giving a reason. The trader may ask why you are withdrawing, but cannot require you to give a reason.
2. The withdrawal period referred to in paragraph 1 starts on the day after you, or a third party you have designated in advance who is not the carrier, receive the product, or:
   1. if you ordered multiple products in a single order: the day on which you, or a third party you have designated, receive the last product. The trader may refuse an order for multiple products with different delivery times, provided you were clearly informed of this before the ordering process;
   2. if a product is delivered in several shipments or parts: the day on which you, or a third party you have designated, receive the last shipment or part;
   3. for contracts for the regular delivery of products over a specified period: the day on which you, or a third party you have designated, receive the first product.

For services and digital content not supplied on a physical medium:

3. You may withdraw from a service contract or a contract for digital content not supplied on a physical medium for at least 14 days without giving a reason. The trader may ask why you are withdrawing, but cannot require you to give a reason.
4. The withdrawal period referred to in paragraph 3 starts on the day after the contract is concluded.

Extended withdrawal period if information about the right of withdrawal is not provided:

5. If the trader has not provided you with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period ends 12 months after the end of the original withdrawal period determined under the previous paragraphs.
6. If the trader provides the information referred to in the previous paragraph within 12 months of the start of the original withdrawal period, the withdrawal period ends 14 days after the day you receive that information.

Article 7 - Your obligations during the withdrawal period

1. During the withdrawal period, you must handle the product and packaging carefully. You may only unpack or use the product as needed to establish its nature, characteristics and how it works. The guiding principle is that you may only handle and inspect the product as you would be allowed to in a store.
2. You are only liable for any reduction in the product's value caused by handling it beyond what is permitted in paragraph 1.
3. You are not liable for any reduction in the product's value if the trader did not provide you with all legally required information about the right of withdrawal before or when the contract was concluded.

Article 8 - Exercising your right of withdrawal and related costs

1. If you exercise your right of withdrawal, you must notify the trader within the withdrawal period using the model withdrawal form or another unambiguous statement.
2. You must return the product or hand it over to the trader or an authorized representative as soon as possible, but within 14 days starting on the day after the notification referred to in paragraph 1. This is not required if the trader has offered to collect the product. You have in any event met the return deadline if you send the product back before the withdrawal period expires.
3. You must return the product with all supplied accessories, in its original condition and packaging where reasonably possible, and in accordance with the trader's reasonable and clear instructions.
4. You bear the risk and burden of proving that you exercised your right of withdrawal correctly and on time.
5. You pay the direct cost of returning the product. If the trader has not informed you that you must pay these costs, or has stated that the trader will pay them, you do not have to pay the return costs.
6. If you withdraw after expressly requesting that a service or the supply of gas, water or electricity not offered for sale in a limited volume or set quantity begin during the withdrawal period, you owe the trader an amount proportionate to the part of the contract performed at the time of withdrawal, compared with full performance.
7. You do not pay for services or the supply of water, gas or electricity not offered for sale in a limited volume or set quantity, or for district heating, if:
   1. the trader has not provided you with the legally required information about the right of withdrawal, compensation payable upon withdrawal or the model withdrawal form; or
   2. you did not expressly request that the service or supply begin during the withdrawal period.
8. You do not pay for the full or partial supply of digital content not supplied on a physical medium if:
   1. before it was supplied, you did not expressly consent to performance of the contract beginning before the withdrawal period ended;
   2. you did not acknowledge that you would lose your right of withdrawal by giving your consent; or
   3. the trader failed to confirm your declaration.
9. If you exercise your right of withdrawal, all ancillary contracts are automatically terminated by law.

Article 9 - Trader's obligations upon withdrawal

1. If the trader allows you to submit a withdrawal notification electronically, the trader will promptly acknowledge receipt after receiving it.
2. The trader will refund all your payments, including any delivery costs charged for the returned product, promptly and within 14 days after the day you notify the trader of your withdrawal. Unless the trader offers to collect the product, the trader may withhold the refund until the product is received or you provide proof that you have returned it, whichever happens first.
3. The trader will use the same payment method you used for the refund, unless you agree to another method. You will not be charged for the refund.
4. If you chose a more expensive delivery method than the least expensive standard delivery, the trader does not have to refund the additional cost of the more expensive method.

Article 10 - Exclusions from the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this is clearly stated in the offer or, at the latest, in good time before the contract is concluded:

1. Products or services whose prices depend on financial market fluctuations beyond the trader's control that may occur during the withdrawal period;
2. Contracts concluded at a public auction;
3. Service contracts after the service has been fully performed, but only if:
   1. performance began with your express prior consent; and
   2. you declared that you would lose your right of withdrawal once the trader had fully performed the contract;
4. Package travel as defined in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for accommodation other than for residential purposes, goods transport, car rental and catering, where the contract specifies a date or period of performance;
6. Contracts for leisure activities with a specified date or period of performance;
7. Products made to your specifications;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are unsuitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that, by their nature, become inseparably mixed with other products after delivery;
11. Alcoholic beverages subject to deferred delivery and market fluctuations;
12. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, journals or magazines, except subscriptions to them;
14. Digital content not supplied on a physical medium, but only if:
    1. performance began with your express prior consent; and
    2. you declared that you would thereby lose your right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, prices for the products and/or services offered will not increase, except for price changes resulting from changes in VAT rates.
2. In departure from the previous paragraph, the trader may offer products or services at variable prices if their prices depend on financial market fluctuations beyond the trader's control. The offer will state this dependency and that any quoted price is indicative.
3. Price increases within 3 months of the contract being concluded are only permitted if they result from statutory rules or provisions.
4. Price increases from 3 months after the contract is concluded are only permitted if the trader has stipulated this and:
   1. they result from statutory rules or provisions; or
   2. you have the right to terminate the contract effective from the day the price increase takes effect.
5. The prices stated in the offer include VAT.

Article 12 - Conformity and additional warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims you may assert against the trader under the contract.
3. An additional warranty means any commitment granting you rights beyond the trader's legal obligations.

Article 13 - Delivery and performance

1. The trader will take the greatest possible care when receiving and fulfilling product orders and when assessing requests for services.
2. The delivery address is the address you have provided to the trader.
3. Subject to Article 4, the trader will fulfill accepted orders promptly and no later than within 30 days, unless otherwise agreed. If delivery is delayed or can only be partially completed, you will be notified no later than 30 days after placing your order. You then have the right to cancel the contract free of charge and to any applicable compensation.
4. After cancellation under the previous paragraph, the trader will promptly refund the amount you paid.
5. The trader bears the risk of damage and/or loss until delivery to you or a representative designated in advance, unless expressly agreed otherwise.

Article 14 - Ongoing contracts: duration, termination and renewal

Termination:

1. You may terminate an open-ended contract for the regular supply of products or services at any time, subject to the agreed rules and a notice period of no more than 1 month.
2. You may terminate a fixed-term contract for the regular supply of products or services at the end of its term with a notice period of no more than 1 month.
3. For the contracts referred to in the previous paragraphs, you may:
   • give notice at any time, without being restricted to a particular time or period;
   • terminate using at least the same method you used to enter into the contract;
   • always terminate with the same notice period the trader has stipulated for itself.

Renewal:

4. A fixed-term contract for the regular supply of products or services may not be automatically extended or renewed for another fixed term.
5. As an exception, a fixed-term subscription to daily newspapers, news publications, weekly newspapers or magazines may be automatically renewed for up to 3 months, provided it can be terminated with no more than 1 month's notice.
6. A fixed-term contract for the regular supply of products or services may only be automatically renewed for an indefinite period if you may terminate it at any time with no more than 1 month's notice. The maximum notice period is 3 months for daily newspapers, news publications, weekly newspapers and magazines supplied less frequently than monthly.
7. A trial or introductory subscription will not continue automatically and ends automatically when the period expires.

Duration:

8. If a contract lasts longer than 1 year, you may terminate it at any time after one year with no more than 1 month's notice, unless this would be contrary to the principles of reasonableness and fairness.

Article 15 - Payment

1. Unless otherwise specified, amounts due must be paid within 14 days of the start of the withdrawal period or, if there is no withdrawal period, within 14 days of the contract being concluded. For services, this period starts on the day after you receive confirmation.
2. For sales of products to consumers, terms and conditions may never require an advance payment of more than 50%. If advance payment is required, you cannot assert any rights concerning performance until payment has been made.
3. You must promptly report any errors in payment details.
4. If payment is late and you have been given notice of default allowing 14 days to pay, statutory interest becomes payable and the trader may charge out-of-court collection costs according to the statutory scale, with a minimum of €40.

Article 16 - Complaints procedure

1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with it.
2. Complaints about performance of the contract must be submitted within a reasonable time, with a full and clear description.
3. Complaints will receive a response within 14 days of receipt. If a longer processing time is expected, an acknowledgment will be sent indicating when you can expect a response.
4. You may also submit a complaint using the complaints form on the consumer page of Thuiswinkel.org (www.thuiswinkel.org). Your complaint will then be sent to both the trader and Thuiswinkel.org.
5. You must give the trader at least 4 weeks to resolve the complaint through mutual consultation. After that, the matter becomes a dispute eligible for the dispute resolution procedure.

Article 17 - Disputes

1. Contracts between the trader and you covered by these terms and conditions are governed exclusively by Dutch law. If the trader directs its activities toward your country of residence, you may also rely on the mandatory consumer protection laws of your country.
2. Subject to the provisions below, disputes may be submitted to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be considered if you first submitted your complaint to the trader within a reasonable time.
4. If the complaint does not lead to a solution, the dispute must be submitted within 12 months of the date you submitted the complaint to the trader, in writing or in another form specified by the Committee.
5. If you wish to submit a dispute to the Disputes Committee, the trader is bound by your choice. Preferably, you should notify the trader first.
6. If the trader wishes to submit a dispute, you must state within 5 weeks of a written request whether you also wish to do so or prefer the dispute to be heard by the competent court. If you do not make a choice, the trader may refer the matter to the competent court.
7. The Disputes Committee issues decisions under the conditions set out in its rules (rules). Its decisions take the form of binding advice.
8. The Disputes Committee will not consider a dispute, or will stop considering it, if the trader has been granted a suspension of payments, has been declared bankrupt or has effectively ceased business operations before the dispute has been heard and a final decision issued.
9. If another recognized SGC or Kifid committee also has jurisdiction alongside the Thuiswinkel Disputes Committee, the Thuiswinkel Disputes Committee is the preferred committee for disputes mainly concerning distance sales or services. For other disputes, the other recognized committee is preferred.

Article 18 - Industry guarantee

1. Thuiswinkel.org guarantees that its members comply with binding advice issued by the Disputes Committee, unless the member submits the advice to a court for review within 2 months of it being sent. The guarantee is reinstated if the advice is upheld on review and the judgment becomes final. You will receive payment up to a maximum of €10,000 per binding decision. For higher amounts, €10,000 will be paid and Thuiswinkel.org will make efforts to have the member pay the remainder.
2. To use this guarantee, you must submit a written claim to Thuiswinkel.org and transfer your claim against the trader to Thuiswinkel.org. For amounts above €10,000, you will be offered the option to transfer the remainder so that Thuiswinkel.org can collect it in its own name.

Article 19 - Additional or differing provisions

Provisions that supplement or differ from these terms and conditions must not disadvantage you. They must be recorded in writing or in a way that allows you to save them on a durable medium.

Article 20 - Changes to the Thuiswinkel terms and conditions

1. Changes to these terms and conditions take effect only after they have been published appropriately. If changes apply during the validity period of an offer, the provision most favorable to you will prevail.

Thuiswinkel.org: www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede, PO Box 7001, 6710 CB Ede