Terms of service
1. These terms
These terms govern your use of this website and every order placed through it. By using the site or placing an order, you accept them. We may change them; the version in force is the one published when you order, and changes do not apply to orders already accepted.
You must be at least 18, or have a parent or guardian's consent, to order.
2. Products and descriptions
We describe our products as accurately as we can and do not publish performance figures we cannot support. Photographs are illustrative - colours vary between screens, and small variations in shade or finish between batches are normal and are not a defect. Where a description contains an obvious error we may correct it, and we will contact you first if it affected an order you have already placed.
3. Orders and when the contract is formed
Placing an order is an offer to buy. Our confirmation email acknowledges that we received it; it does not accept it.
The contract is formed when we dispatch the goods, and covers the goods actually dispatched. Until then we may decline or cancel an order in whole or in part and refund you in full - for example where a product is unavailable, where there has been a pricing or description error, where we cannot deliver to the address, or where an order appears fraudulent.
4. Prices
Prices are in euros and include VAT where it applies. Delivery is free on every order, so no delivery charge is added at checkout.
If a product is priced incorrectly and the correct price is higher, we will contact you before dispatch and you may confirm at the correct price or cancel for a full refund. We are not obliged to supply goods at a manifestly incorrect price.
5. Payment
Payment is taken at checkout through our payment providers. We do not receive or store your full card details. Goods are dispatched once payment has cleared.
6. Delivery, risk and title
Delivery is governed by our Shipping and Delivery policy, which forms part of these terms. Delivery estimates are estimates and not contractual dates. Risk passes to you on delivery; title passes once we have received payment in full.
7. Returns and your consumer rights
Your right to change your mind, our 30-day return policy and the exception for opened earplugs are set out in our Refunds and Returns policy, which forms part of these terms.
Returns are arranged by email. We do not publish a return address. To return anything, email us with your order number; we reply with a return reference and the postal address to send it to. Goods sent back without that reference, or to an address we did not give you, cannot be matched to your order and may be refused or returned to you.
Goods sold to consumers carry the statutory guarantee of conformity of two years from delivery. Nothing in these terms limits or excludes that guarantee, or any other consumer right that cannot be excluded by agreement.
8. Intended use and safety
Our products are consumer sleep and comfort products. They are not personal protective equipment and must not be relied on for hearing protection at work or anywhere with hazardous noise. They are not medical devices.
- Do not insert earplugs further than is comfortable, and stop using them if you experience pain or irritation.
- Earplugs reduce your awareness of your surroundings. Do not wear them while driving, cycling, or anywhere you need to hear warnings.
- Keep earplugs and small parts away from children and pets - they are a choking hazard.
- Use the gel pack only for cooling or gentle warming as instructed. Do not apply it to broken skin or use it if damaged or leaking.
- If you have a condition affecting your ears, skin or eyes, speak to a healthcare professional before use.
9. Using this website
You may not use this site unlawfully, interfere with its operation or security, copy or scrape it systematically, place automated or fraudulent orders, or submit anything unlawful, abusive or infringing. We may suspend access where we reasonably believe this is happening.
10. Intellectual property
The site and its contents - text, photography, video, graphics, layout and the Silensea name and marks - belong to us or are used with permission. You may view and print material for personal use. You may not reproduce, republish or use it commercially without our written permission.
Where you submit content to the site, you confirm it is yours to submit and lawful, and you grant us a non-exclusive, royalty-free licence to use it in connection with our business. We may remove content at our discretion, and we do not publish reviews or testimonials that are not genuine.
11. Third-party links and site availability
The site may link to sites we do not control, and we are not responsible for their content or practices. We aim to keep the site available but do not guarantee it will be uninterrupted or error-free, and we may suspend or restrict it for operational reasons.
12. Limitation of liability
Nothing here excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for defective products under applicable product liability law, or for anything else that cannot lawfully be excluded - including your statutory rights as a consumer.
Subject to that, and so far as the law permits: we are not liable for loss of profit, business or data, or for indirect or consequential loss; we are not liable for loss arising from a product not being used as intended or instructed; and our total liability in connection with any order is limited to the amount you paid for it.
13. Events outside our control
We are not liable for delay or failure caused by events beyond our reasonable control, including carrier failure, customs delay, extreme weather, industrial action or the failure of public networks. If such an event continues for a prolonged period, either of us may cancel the affected order and we will refund you in full.
14. General
If any provision of these terms is unenforceable, the rest remain in force, and our failure to enforce a provision is not a waiver of it. These terms and the policies referred to in them are the entire agreement between us regarding your order. You may not transfer your rights under them without our written consent.
We handle personal data in accordance with our Privacy Policy.
15. Law and disputes
These terms are governed by the law of the Czech Republic. If you are a consumer resident in another country, this does not deprive you of the mandatory consumer protections of your own country, and you may bring proceedings in its courts.
Please contact us first - most problems are quicker to resolve directly. If we cannot settle it between us, you may refer the matter to the competent alternative dispute resolution body for consumer disputes in the Czech Republic.
