General Terms and Conditions Sonova Consumer Hearing GmbH Online Shop
1. General, Customers
(1) All business relationships based on orders placed by our Customers ("Customers") on our Online Shop (currently at [https://Sennheiser-hearing.com/]) ("Online Shop") are sub-ject to these General Terms and Conditions, as amended from time to time.
(2) The product range in our Online Shop is for both consumers and entrepreneurs, but only end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed nei-ther to their commercial activities nor to freelance professional activities (section 13 German Civil Code (BGB)) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, is exercising their commercial activities or freelance professional activities (section 14 (1) German Civil Code (BGB)). Each Customer warrants that it is an end user and not a reseller and that it is acting in its own name and for its own account. The products in the Online Shop are limited to household quantities for consumers and to the individual requirements of en-trepreneurs.
(3) The Customer's standard terms and conditions do not apply even if we have not ex-pressly stated that we will not accept them in an individual case. These General Terms and Conditions also apply to future transactions between the Customer and us, even if we accept and/or execute the future contract without reservation in the knowledge of conflicting or deviating terms and conditions.
2. Contractual partner, entering into the contract
(1) Contractual partner is Sonova Consumer Hearing GmbH.
(2) The product descriptions in the Online Shop are not binding offers in the legal sense; they are non-binding. By placing an order in the Online Shop, the Customer makes a binding offer to purchase the product in question. We are under no obligation to accept the offer. The Customer ensures the correctness and completeness of the information re-quired in the Online Shop and is obliged to update any information that changes.
(3) We will send the Customer a confirmation of receipt of the offer without undue delay upon receipt of the offer, which does not constitute acceptance of the offer. After re-ceipt of the confirmation of receipt, the Customer is obliged to check their personal data and the order and inform us of any corrections without undue delay. We are not liable if due to incorrect data it is not possible to execute orders or there are delays. The offer is only deemed accepted by us if we confirm acceptance to the Customer (by email) or send the goods. The purchase contract with the Customer is only entered into if it is ac-cepted by us.
(4) We reserve the right to make changes to the product in terms of technical specifications, design, range of functions or accessories in the time between the order and delivery.
3. Prices and payment
(1) Our prices include statutory value added tax, but not shipping costs. Customs duties and similar charges are borne by the Customer.
(2) Only the payment options specified in the Online Shop are permitted.
(3) If payment upon receipt of invoice has been agreed, our invoices are due for payment immediately after receipt of the goods and the invoice by the Customer. The invoice will be sent by email. Orders which are to be paid in advance will not be sent until payment has been received.
(4) The Customer does not have a right of set-off or retention unless the counterclaim is undisputed or has been declared final and absolute by a court of law.
4. Shipping conditions, transfer of risk
(1) All periods for shipping the goods indicated by us when the order is placed or otherwise agreed commence (a) if delivery against advance payment has been agreed, on the date of receipt of the full purchase price (including VAT and shipping costs) or (b) if another payment method has been agreed, on the date the purchase contract is entered into. The date on which we hand over the goods to the shipping company is decisive for compli-ance with the shipping date.
(2) Delivery periods indicated by us for shipping goods are always only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipment date has been agreed. If no deadline or date for shipping has been specified or otherwise agreed, shipment within five working days will be deemed to have been agreed.
(3) If the Customer has purchased several products in one order that can be used separately, we may also send them in several separate deliveries, in which case we will bear the ad-ditional shipping costs incurred for this. This does not restrict the Customer's statutory rights with regard to timely and proper delivery.
(4) Unless expressly agreed otherwise, we will determine the appropriate shipping method and transport company at our reasonable discretion.
(5) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time indicated by us (period between handover by us to the transport company and delivery to the Cus-tomer) is not binding.
(6) If the Customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods passes to the Customer when the goods are deliv-ered to the Customer or the Customer is in default of acceptance (e.g. because delivery is delayed or refused for reasons for which we are not responsible or is impossible for other reasons). In all other cases, the risk passes to the Customer upon delivery of the goods to the transport company, insofar as we are only responsible for shipment.
5. Right of revocation
Information on the right of revocation
Right of revocation
For Consumers: You have the right to cancel this contract within 14 days without stating any reasons.
The revocation period is 14 days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the last part ship-ment or the last item.
To exercise your right of revocation, you must inform us at Sonova Consumer Hearing GmbH (Am Labor 1, 30900 Wedemark, Germany, https://sennheiser-hearing.com/support) by means of a clear statement (e.g. a letter sent by post, te-lefax or email) of your decision to cancel this contract.
You may use the attached sample revocation form, but it is not mandatory.
The deadline for revocation is met if you send your statement informing us that you are exercising your right of revocation before the end of the revocation peri-od.
Consequences of revocation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of the additional costs if you have chosen a method of delivery other than the least expensive method of stand-ard delivery offered by us), without undue delay and no later than 14 days from the date on which we are informed about your decision to cancel this contract. Unless otherwise expressly agreed, we will make such refunds using the same method of payment that you used for the original transaction; under no circum-stances will you be charged a fee for this refund.
We may withhold the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first.
You must return the goods without undue delay and in any event no later than 14 days from the date on which you notify us of cancellation of this contract by sending them to or handing them over at the following address
Sonova Consumer Hearing (Arvato - DE),
c/o Arvato Distribution GmbH WA1800,
Reinhard-Mohn-Straße,
33333 Gütersloh
Germany
The deadline is met if you send back the goods before the end of the 14-day peri-od.
We bear the costs for return shipping if the Customer uses the free return label. The Customer can download the return label online in our retour-portal. If the re-turn label is not used, the Customer bears the costs. The following applies to goods which cannot be sent as parcel post due to their nature and which are marked as "bulky goods" in the invoice: We collect the goods from the Customer's German delivery address. If the return shipment is made from abroad, the Cus-tomer pays the costs.
You only have to pay for any loss of value of the goods if the loss of value is due to handling the goods beyond what is necessary to check the quality, properties and functioning of the goods.
No right of revocation
Please note that the statutory right of revocation does not apply to all goods. In particular, the right of revocation does not apply to:
the delivery of goods which are not prefabricated and are based on an in-dividual choice of or decision by the consumer or goods made to the con-sumer's specifications or clearly personalised,
delivery of sealed goods which are not suitable for return for reasons to protect health or hygiene if their seal was removed after delivery,
delivery of sound or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Sample revocation form
(If you wish to cancel the contract, please fill in and return this form.)
To: Sonova Consumer Hearing GmbH (Am Labor 1, 30900 Wedemark, Germany, https://sennheiser-hearing.com/support)
I/We (*) hereby cancel my/our (*) contract entered into to purchase the follow-ing goods (*)/ for performance of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
__________.
(*) Delete as applicable.
6. Voluntary right of return
(1) We allow the Customer to return the goods within 30 days without giving reasons. The period begins on the date on which the Customer or a third party named by them who is not the carrier has taken possession of the goods. The deadline is deemed to have been met if the goods or the request to return goods are sent on time. We bear the costs for return shipping if the Customer uses the free return label. The Customer can download the return label online in our retour-portal. If the return label is not used, the Customer bears the costs. The following applies to goods which cannot be sent as parcel post due to their nature and which are marked as "bulky goods" in the invoice: We collect the goods from the Customer's German delivery address. If the return shipment is made from abroad, the Customer pays the costs. Payments already made will be credited if the returned goods have been accepted.
(2) Please send returns to:
Sonova Consumer Hearing (Arvato - DE)
c/o Arvato Distribution GmbH WA1800
Reinhard-Mohn-Straße
33333 Gütersloh
Germany
(3) The voluntary right of return is subject to the cumulative conditions being met:
the goods are unused,
the goods and the packaging are undamaged and
the goods are complete.
Inspecting the condition and properties of the goods, as would also be possible in a store, is not deemed to be using the goods.
(4) The voluntary right of return does not apply to
image, sound and data carriers, CDs, DVDs, software, if their seal has been bro-ken or they have been downloaded online;
goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the Customer;
parts that have already been installed by the Customer;
regular batteries, rechargeable batteries, cables or similar items, if their seal or packaging has been opened;
goods sold by the metre, consumables;
items that are not taken back for hygienic reasons.
(5) There is no right of return if the Customer has ordered the provision of a service and we have provided the service in full or have already started to perform the service.
(6) If the Customer is responsible for the deterioration or loss of the goods, they must pay compensation for it.
(7) The right of return described above applies to consumers in addition to the statutory right of revocation and does not restrict it in any way. Further information on the statu-tory right of revocation can be found under clause 5.
7. Reservation of title
(1) We retain title to the goods delivered by us until the purchase price for the goods in question has been paid in full (including VAT and shipping costs). If the Customer is an entrepreneur, the retention of title also applies until payment in full of all current and fu-ture claims against the Customer.
(2) The Customer is not entitled to dispose of the ownership of goods delivered by us which are still subject to retention of title without our prior written consent. The disposal of the Customer's legal position with regard to the reserved goods ("expectancy right") remains permissible as long as the third party is made aware of our ownership rights.
(3) The Customer must treat the reserved goods with care.
(4) In the event of access to the reserved goods by third parties, in particular by bailiffs, the Customer must point out that we own the goods and notify us without undue delay so that we can enforce our ownership rights.
8. Warranty (Gewährleistung)
(1) If the delivered goods are defective, the Customer may first demand that we remedy the defect or deliver defect-free goods. However, if the Customer is an entrepreneur, we may choose between remedying the defect and delivering a defect-free item.
(2) The warranty period for new items is two years from transfer of risk, and twelve months for used items, unless we are subject to unlimited liability pursuant to clause 10. For en-trepreneurs, the warranty period for new and used items is twelve months, unless we are subject to unlimited liability pursuant to clause 10.
(3) The following only applies to entrepreneurs: The Customer must inspect the goods with-out undue delay upon receipt. The delivered goods are deemed to have been approved by the Customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discov-ery of the defect.
(4) Wear and tear due to use does not give rise to warranty claims.
(5) If defects or damage are due to culpable conduct or improper handling by the Customer or a third party not commissioned by us (e.g. improper installation or use of unsuitable accessories), they are excluded from the warranty.
(6) In all other respects, statutory warranty provisions apply.
(7) In warranty cases, please contact our customer support using the contact form on our website.
(8) We would like to point out that any personal customer data stored on the products sent in will be deleted by us in a timely manner.
9. Warranty conditions (Garantiebedingungen)
(1) In addition to the statutory warranty, we provide a 24-month warranty for the original Sonova Consumer Hearing product purchased by the Customer.
(2) For a fee the Customer can also extend the aforementioned warranty period for a further year for certain products in the Online Shop. In all other respects the following condi-tions apply:
(3) The warranty period begins to run from transfer of risk. Claims under this voluntary warranty can only be made if the invoice is presented. The provision of warranty ser-vices does not trigger an extension or restart of the warranty period for the product.
(4) If, during the warranty period, the product should prove to be defective due to faulty material or workmanship, Sonova Conusmer Hearing GmbH will, at its own discretion, either repair the product without charging for labour and material costs, replace the product or its defective parts free of charge or replace the product with an equivalent product. All products and parts that are replaced become the property of Sonova Con-sumer Hearing GmbH.
(5) The warranty does not apply to:
insignificant defects or deviations in the condition of the product which are in-significant for the value and intended use;
accessories enclosed with the product;
rechargeable batteries and regular batteries (these products have a shorter service life due to their nature, which also depends specifically on your intensity of use in the individual case);
defects due to improper use (e.g. operating errors, mechanical damage, incorrect operating voltage). Proper use is understood to mean use of the product under the conditions described in the operating manual.
defects due to wear and tear;
modifications made to Sonova Consumer Hearing products by you or third par-ties if prior written consent has not been obtained from Sonova Consumer Hear-ing regarding the type and scope of modification;
defects due to force majeure;
defects that are already known to you at the time of purchase.
Removal or alteration of the type plate, serial number or safety label attached to the product will invalidate the warranty. Furthermore, there is no warranty claim in case of substantial changes to the product by unauthorised persons or workshops.
(6) In the event of a warranty claim, please contact our customer support using the contact form on our website.
(7) The Customer bears the costs for return shipping. The risk of successful delivery lies with the Customer. To avoid transport damage, the original packaging should be used if possible.
(8) We would like to point out that any personal customer data stored on the products sent in will be deleted by us in a timely manner.
(9) The Customer's statutory warranty rights (see clause 8) are not restricted by these addi-tional warranty conditions.
10. Liability
(1) We have unlimited liability in the event of intentional or grossly negligent conduct on our part, for guaranteed attributes within the meaning of section 444 German Civil Code (BGB), for injury to life, limb or health and in accordance with the German Product Li-ability Act (ProdHaftG).
(2) In the event of culpable breach of a material contractual obligation, our liability is lim-ited to the foreseeable damage.
(3) Any further liability on our part is excluded.
(4) Notices regarding potential hazards of individual products that become known after the purchase contract is entered into and information on product recalls are regularly pub-lished on our website.
11. Industrial property rights and copyrights
(1) The Customer is granted the non-exclusive right to use the software delivered with the goods in connection with using the goods.
(2) The Customer may not make copies of the software.
(3) The Customer may only transfer the rights in the software granted to them to a third party if ownership of the product in question is simultaneously transferred to such third party and the Customer does not retain any copies of the software.
(4) We hold copyrights in the images, films and texts published in our Online Shop. Use of the images, films and texts is not permitted without our express consent.
12. Data privacy
We may only process and store the data related to the respective purchase contracts within the framework of the applicable statutory provisions. The details are set out in the data protection information available on our website and the further data protection no-tice for using the Online Shop (https://sennheiser-hearing.com/).
13. Applicable law and place of jurisdiction
(1) In the absence of mandatory international private law provisions, the purchase contract between us and the Customer is governed by the law of the Federal Republic of Germa-ny, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer and has their habitual residence in another country, they will continue to be protected under the relevant provisions of the country of residence, which may not be derogated from by agreement.
(2) If the Customer is a merchant within the meaning of section 1 (1) German Commercial Code (HGB), a legal entity under public law or a special public fund, the courts in Han-over have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the Customer may bring an action before any court having jurisdiction by law.
14. Final provisions
(1) The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are not willing or required to participate in dispute resolution proceedings before a consumer arbitration board.
(2) Deviations from and amendments to these General Terms and Conditions require at least text form.
(3) The General Terms and Conditions apply in the version currently valid at the time the contract is entered into. The current version is available at https://sennheiser-hearing.com/terms-of-sale.
(4) If an individual provision of these General Terms and Conditions does not apply for whatever reason, this does not affect the validity of the remaining provisions.
