Términos del servicio

Terms of Service

OVERVIEW

This website is operated by EarMen Europe. Throughout the site, the terms “we”, “us” and “our” refer to EarMen Europe. EarMen Europe offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, customers, vendors, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any services.

Any new features, products or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and have given us your consent to allow any minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses, malicious code or any code of a destructive nature.

A breach or violation of any of these Terms may result in the immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, to the maximum extent permitted by law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do our best to provide accurate and up-to-date information on our website. However, we are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information unless required by law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify, update, suspend or discontinue the Service, or any part of the Service, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service, except where required by applicable law.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, exchange or replacement only according to our Return Policy, Shipping Policy and applicable consumer protection laws.

We have made every effort to display as accurately as possible the colors, images, descriptions and specifications of our products. However, we cannot guarantee that your computer monitor, mobile device or display will show colors or images accurately.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, company, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions, specifications, availability and product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that any product, service, information or other material purchased or obtained by you will meet your personal expectations, or that any errors in the Service will be corrected.

SECTION 6 - ORDERS, BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel any order you place with us, to the maximum extent permitted by law.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company, per billing address, per shipping address, per customer account or per credit card.

These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or unauthorized commercial buyers.

You agree to provide current, complete and accurate purchase, billing, shipping and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, billing address, shipping address, phone number and payment information, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy and Shipping Policy.

SECTION 7 - PAYMENT, TAXES AND DUTIES

All prices are displayed in the currency shown at checkout.

You agree to pay the total amount shown at checkout, including the product price, shipping charges and any applicable taxes or fees shown before placing the order.

For international orders over US$299, we ship DDP — Delivered Duty Paid, unless otherwise stated at checkout or agreed in writing. For DDP shipments, EarMen covers the applicable import duties, tariffs, VAT and customs clearance fees charged for delivery to the customer’s country.

For international orders of US$299 or less, shipments may be sent DAP/DDU unless otherwise stated at checkout. In such cases, the customer may be responsible for any applicable import duties, taxes, VAT, customs clearance fees, brokerage fees or local charges required by the destination country.

If a customer refuses delivery, fails to collect the package, or provides incorrect or incomplete shipping information, the customer may be responsible for the original shipping cost, return shipping cost, courier storage fees, customs-related costs where applicable, payment processing fees and any other direct costs incurred by EarMen.

SECTION 8 - SHIPPING AND DELIVERY

Shipping times are estimates only and are not guaranteed unless expressly stated in writing.

We are not responsible for delays caused by courier services, customs authorities, local authorities, holidays, weather conditions, incorrect delivery information, failed delivery attempts, force majeure events or circumstances outside our reasonable control.

Customers are responsible for providing a complete and correct shipping address, email address and phone number at the time of purchase.

Risk of loss or damage may pass to the customer upon delivery, depending on the applicable law and shipping terms. If a package arrives visibly damaged, the customer should contact us as soon as possible and provide photos of the package, product and shipping label.

SECTION 9 - RETURNS, REFUNDS AND REPLACEMENTS

Returns, refunds, cancellations and replacements are governed by our Return Policy and Replacement Policy, which are available on our website.

To request a return, cancellation, refund or replacement, customers must contact us at sales@earmen.com and provide the order number, product name and a clear description of the request.

Refunds are issued only after the returned product has been received and inspected, unless otherwise required by applicable law.

Original shipping charges, return shipping charges, payment processing fees, customs-related costs and other direct costs may be deducted from the refund where permitted by law.

This section does not limit any mandatory consumer rights that may apply under the laws of the customer’s country or region.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also offer new services and/or features through the website in the future. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content, accuracy, policies or practices.

We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.

Please review carefully the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, photos, reviews, comments or other materials, whether online, by email, by postal mail or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use such submissions in any medium.

We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, abusive, obscene, misleading, harmful, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene or misleading material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is available on our website.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, specifications, pricing, promotions, offers, product shipping charges, transit times, availability or other information.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate any international, federal, state, provincial or local laws, regulations, rules or ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malware or any other type of malicious code;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape or otherwise interfere with the website;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website;

(l) to use the website or Service in a way that could damage, disable, overburden or impair our website, servers, systems or business.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by applicable law, provided “as is” and “as available” for your use.

To the maximum extent permitted by law, we disclaim all warranties, representations and conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall EarMen Europe, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, partners or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of the Service or any products purchased through the Service.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms of Service shall limit or exclude liability where such limitation or exclusion is not permitted by applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EarMen Europe, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, your violation of the rights of a third party, or your misuse of the Service.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our website.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services, or any part thereof.

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with products or services shall be governed by and construed in accordance with the laws of Slovenia, without prejudice to any mandatory consumer protection rights that may apply in the customer’s country or region.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

sales@earmen.com