General terms and conditions
Valid from: 1 July 2021
General terms and conditions Hearly.net
These are the general terms and conditions of Hearly.net.
1. Area of application
- These General Terms and Conditions apply to the sale of goods by Hearly.net, Dr. Deelenlaan 8b, 5042 AD Tilburg (hereinafter referred to as "we" or "us") to the customer (hereinafter referred to as "customer" or "you" or "you") in our online shop.
- Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.
2. Distinction between entrepreneurs and consumers
Hearly International B.V.
Dr. Deelenlaan 8b
5042 AD Tilburg
Phone number: 0303 313 0117, available on working days between 09:00 and 17:00
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 60081457 VAT identification number: NL853757896B01
3. Conclusion of contract
The contract is concluded by way of individual communication, i.e. in person, by e-mail, fax, post, telephone or similar.
4. Delivery disruptions
If an ordered item is not available because we are not supplied by our supplier through no fault of our own despite the supplier's contractual obligation, we shall be entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and reimburse any services already rendered without delay.
5. Reservation of ownership
- The following applies to consumers:
- The product delivered by us remains our property (reserved goods) until payment has been made in full.
- The following applies vis-à-vis entrepreneurs:
- We retain title to the reserved goods until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer's request insofar as the value of our securities exceeds the claims to be secured by more than 20%; we shall select the securities to be released.
- The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.
6. Warranty claims
- The following applies to consumers:
- The statutory warranty provisions shall apply to our warranty obligations.
- The following applies to entrepreneurs:
- If the customer acts as a merchant within the meaning of the Dutch commercial code, he must inspect the goods immediately upon receipt. We must be notified in writing of any recognisable defects immediately upon receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery. The timely dispatch of the notification shall be sufficient to preserve the customer's rights. If this is not done, the goods shall be deemed to have been approved. This shall not apply if we have fraudulently concealed the defect.
- If there is a defect in the purchased goods, we shall first provide a warranty by means of subsequent fulfilment, at our discretion either in the form of rectification of the defect or a replacement delivery. If the subsequent performance fails, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.
- Claims of the buyer due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the purchaser which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.
7. Special features of the option to order a hearing aid fitting at home
The order option of a try-on hearing aid at home is a purchase on trial. Specifically:
- Upon receipt of the agreed deposit, we will send you the selected hearing aid for 30 days to try on (hereinafter referred to as the "try-on period").
- Before sending you the hearing aid, we will adjust it to your hearing situation on the basis of an audiogram to be provided by you. After you have received the hearing aid, we will adjust the settings of the hearing aid within the fitting period free of charge if you wish. The fitting is done online via an app from the respective manufacturer, which you install on your smartphone and which can be connected to your hearing aid via Bluetooth.
- The goods sent for fitting remain our property until the purchase contract becomes binding, if applicable.
- The fitting period begins with your receipt of the hearing aid. The handover of the hearing aid to a transport company is decisive for compliance with the 30-day fitting period. We will bear the costs of the return shipment.
- If the hearing aid is not returned to us within the time limit, this shall be deemed to be an approval of the goods ordered for fitting and a binding purchase contract for the hearing aid shall be concluded.
- If you are a consumer (instead of an entrepreneur), the period for your 14-day statutory consumer right of revocation begins with the conclusion of the binding purchase contract, i.e. after expiry of the fitting period.
- The deposit is due for repayment after we have received the goods returned by you and checked them for damage. The deposit serves to secure our claims for compensation in the event of damage to or loss of the goods for which you are responsible and may, if applicable, be offset against your claim for repayment to the extent of such claims. We are not obliged to invest the deposit separately from our assets. Interest will not be paid on the deposit.
8. Exclusions and limitations of liability
The following applies to our liability for damages:
- In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies in the case of negligently caused damage resulting from injury to life, body or health.
- In the case of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damage that was foreseeable and typical of the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
- In all other respects, liability on our part, irrespective of its legal basis, is excluded.
- The exclusions and limitations of liability of the above paragraphs (1) to (3) shall also apply mutatis mutandis in favour of our vicarious agents.
- Liability due to the assumption of a guarantee or according to the Product Liability Act remains unaffected by the exclusions and limitations of liability of the above paragraphs (1) to (4).
9. Choice of law, place of jurisdiction
- The law of The Netherlands shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
- The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to take legal action at the customer's registered office.