Terms & Conditions

Legal disclaimer

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions apply to the Shush web site located at www.shush-earplugs.com, and all associated sites linked to www.shush-earplugs.com by Shush, its subsidiaries and affiliates, including Shush sites around the world (collectively, the ‘Online Platforms’). The site is the property of Klinkt Goed B.V. Shush is a registered trademark of Klinkt Goed B.V.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Shush reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Shush grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively calles ‘content’), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the site is owned, controlled or licensed by or to Shush, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Shush’s written consent.

You may use information on Shush products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Shush for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Shush reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any Shush server, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of Shush, including any Shush account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or Shush’s systems or networks, or any systems or networks connected to the site or to Shush.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Shush on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shush or others.

Products, Pricing, Orders, and Fulfillment

Acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted. Acceptance of an order does not constitute acceptance of any other terms and conditions.

Shush will share order information (e.g., name, address, model names, etc.) with our fulfillment and shipping partners to help facilitate that you will receive your order as soon as possible. Fulfillment and shipping partners will receive and use this information for the sole purpose of fulfilling orders and completing shipping, and for no other purpose. Shush is not liable for shipping failure, or your failure to receive. Shush may use order information to contact you regarding order processing errors and assist with error resolution and fulfillment or ask for feedback about fulfilling and shipping performance.

Title and risk of loss for the ordered Products transfers from Shush upon delivery of the Products to you.

Shush seeks to ensure accurate pricing on the website, but errors may occur. If this happens, Shush will work to correct pricing errors as soon as possible. Shush reserves the right to refuse or cancel orders containing pricing errors, with no further obligations other than refund of the associated payment.

Shush reserves the right to refuse or cancel orders placed for Products where the sale or use of such Products is restricted or prohibited.

Payment and Taxes

Payment information and processing for Products ordered via the Shush web site is handled by a payment service provider. Payment processing is subject to the provider’s terms and conditions. If a credit card or other payment authorization expires prior to order fulfillment or cancelation (due, for example, to an item being on backorder), then that payment authorization will be renewed until the order is either fulfilled or canceled.
Shush is not a party to any agreement you may have with the issuer of your credit card, debit card, or other form of payment, and you are solely responsible for all payment obligations owed to such issuer.

Payment funds are processed and the net amount released to Distributors in payment for Products purchased.

Shush calculates tax per applicable taxing requirements. The tax amount shown at the time of order placement is an estimate and final tax amounts may differ, including as a result of the ultimate shipment and delivery locations, with any differences resolved using the payment method provided.

Account Creation and Usage

You may order Products via the Shush web site as a guest or by creating an account. Some features require an account. You are responsible for maintaining the security of your account, including your username and password, and for all activity logged and orders placed using your account. Shush is not responsible for any losses arising from or relating to intended, unintended, or unauthorized use of your account. Shush reserves the right to suspend, restrict, or terminate user accounts, and to block or restrict access to the Shush web site. Shush also reserves the right to: modify or discontinue any part of the Shush web site; charge, modify, or waive fees required to use the Shush Web Site; and offer additional or different opportunities to use the Shush web site to some or all users.

Complaints, Questions or Concerns

If you have a complaint about a Shush Product, shipping or services, please submit your complaint, question or concern to Shush via e-mail support@shush-earplugs.com or use the contact form at the Contact page.

Complaints due to externally visible defects or shortcomings must be made in writing within 30 days of delivery at the latest, whereby failing to observe this term, any claim towards the Seller in respect of the defects or shortcomings lapses. The following conditions apply in respect of the guarantee.

Complaints in respect of defects must be made within 30 days after the Buyer has discovered the defect or could have reasonably discovered it, but within the guarantee term, which commences with the delivery date, on exceeding of this term any liability of the Seller in respect of the defects or shortcomings referred to, lapses.

Returns

Products purchased via the Shush web site can be returned within 30 days from the date you receive it. All returned items must be in original, clean, unopened condition.

The following are not eligible for returns: items that have been used, or otherwise made non-resalable; items whose packaging has been altered, opened or is not a current product from Shush.

Shush will provide a pre-paid shipping label via the original carrier used in the shipment if a Product is defective. If you change your mind and want to return a Product, then the return shipping costs are for the customer. In the event of a permitted partial return, where an order previously qualified for a free or reduced shipping promotion, the shipping costs for the original order will not be recalculated.

If an item is defective please e-mail support@shush-earplugs.com. Describe the issue and use a photo of the defect. Please give us your name and order number. If the return is accepted you will receive a return shipping label. Use this label to ship the unopened package.

Refunds

A 100% money-back guarantee will be processed after we receive the returned product, typically within the next three to five business days. Refunds are processed using the payment method specified in the original purchase. Price matching and other similar adjustments are not available via the Shush web site.

Exchanges

Exchanges cannot be processed via the Shush web site. If a different Product is desired then you will need to consider whether to return a previously purchased Product and order a different Product.

Liability

Any liability for loss as a result of the Products delivered by Shush, is limited to the amount paid out by Shush’s insurer in the specific case also in the event of an intentional act and gross negligence.

Applicable law and disputes

This agreement and all other legal relationships between Shush and customers are exclusively governed by Dutch law. All disputes between the parties shall be settled by the court in Utrecht, The Netherlands.

Klinkt Goed B.V. / Shush Earplugs
Gooiergracht 63
1251 VC  LAREN
E: info@shush-earplugs.com
T: +31 (0)85 – 30 31 535
Business registration number (Netherlands KVK): 62880756
VAT number: NL854996369B01