Terms of Sale
1. General, clientele
(1) All business relationships based on orders placed by our customers (hereinafter referred to as "Customers") via our online store (currently at https://sennheiser-hearing.com/) (hereinafter referred to as the "Online Shop") shall be subject to these General Terms and Conditions in their currently valid version.
(2) The product range in our online store is aimed equally at consumers and entrepreneurs, but only at 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 is neither commercial nor self-employed (§ 13 BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or self-employed professional activity (§ 14 para. 1 BGB). Every customer assures that he is an end user and not a reseller and that he acts in his own name and on his own account. The product range of the online store is limited to household quantities for consumers and to individual requirements for entrepreneurs.
(3) The Customer's terms and conditions shall not apply, even if we do not separately object to their application in individual cases. The terms and conditions shall 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. Contracting party, conclusion of contract
(1) The contractual partner is Sennheiser Consumer Audio GmbH.
(2) The product descriptions in the online store are not binding offers in the legal sense, but non-binding. By placing an order in the online store, the customer makes a binding offer to purchase the product in question. We are not obliged to accept the offer. The customer guarantees the correctness and completeness of the information required in the online store and is obliged to update any changes.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. After receipt of the confirmation of receipt, the customer is obliged to check his personal data and the order and, if necessary, to correct them immediately vis-à-vis us. We do not assume any liability for non-executable or delayed deliveries due to incorrect data. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only come into existence with this acceptance.
(4) We reserve the right to make changes to the product in terms of technical specification, design, scope of functions or accessories between order and delivery.
3. Prices and payment
(1) Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer. The applicable shipping costs in individual countries can be viewed at https://sennheiser-hearing.com/.
(2) Only the payment options granted in the online store are permitted.
(3) If delivery on account has been agreed, our invoices shall be due for payment immediately upon receipt of the goods and receipt of the invoice by the customer. The invoice will be provided by e-mail. Orders by prepayment will only be shipped after receipt of payment.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally adjudicated.
4. Shipping conditions, transfer of risk
(1) All periods for shipment of the goods specified by us in the order or otherwise agreed upon shall commence (a) if delivery against advance payment has been agreed upon, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if another method of payment has been agreed upon, on the day of receipt of the purchase contract. The date of handover of the goods by us to the shipping company shall be decisive for compliance with the shipping date.
(2) Deadlines specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed date for dispatch has been agreed. If no deadline or date for dispatch is specified or otherwise agreed, dispatch within five working days shall be deemed to have been agreed.
(3) If the customer has purchased several separately usable products in one order, we may also ship them in several separate deliveries, in which case we shall bear the additional shipping costs caused thereby. The customer's statutory rights with regard to timely and proper delivery shall not be limited thereby.
(4) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
(5) We only owe the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between handover by us to the transport company and delivery to the customer) is non-binding.
(6) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental destruction of the delivered goods shall pass to the customer at the time the goods are delivered 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, if we owe only the shipment, the risk shall pass to the customer upon delivery of the goods to the transport company.
5. Right of revocation
Cancellation policy
Right of revocation
For consumers: You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must notify us, Sennheiser Consumer Audio GmbH (Am Labor 1, 30900 Wedemark, Germany, https://sennheiser-hearing.com/support), of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
You can use the model withdrawal form below for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to
Sennheiser Electronic (Arvato - DE),
c/o Arvato Distribution GmbH WA1800,
Reinhard-Mohn-Strasse,
33333 Gütersloh, Germany,
to be returned or handed over. The deadline is met if you send the goods before the end of the period of fourteen days.
We will bear the costs of the return shipment, provided that the customer uses the free DHL return label. This return label is available for the customer to download at https://sennheiser-hearing.com/. If the DHL return label is not used, the customer shall bear the costs. For goods that cannot be sent as parcel post due to their nature and are marked as such in the invoice as "bulky goods", the following applies: We will pick up the goods at the customer's German delivery address. If the return shipment is made from abroad, the customer must bear the costs.
You must pay for any loss of value of the goods only if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
Non-existence of the right of withdrawal
We point out that the right of withdrawal under the law does not apply to all goods. In particular, the right of withdrawal does not apply to:
- Delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- Delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To: Sennheiser Consumer Audio GmbH (Am Labor 1, 30900 Wedemark, Germany, https://sennheiser-hearing.com/support)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date
__________
(*) Delete where not applicable.
6. Voluntary right of return
(1) We offer the customer to return the ordered goods within 30 days without giving any reason. The period begins on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. To meet the deadline, it is sufficient to send the goods or a request for return in time. We shall bear the costs of the return shipment if the customer uses the free DHL return label. This return label can be downloaded by the customer at https://sennheiser-hearing.com/. If the DHL return label is not used, the customer shall bear the costs. For goods that cannot be sent as parcel post due to their nature and as such are marked as "bulky goods" in the invoice, the following applies: We will pick up the goods at the customer's German delivery address. If the return shipment is made from abroad, the customer shall bear the costs. Payments already made will be credited if the return of the goods was accepted.
(2) The return shipment has to be made to:
Sennheiser Electronic (Arvato - DE)
c/o Arvato Distribution GmbH WA1800
Reinhard-Mohn-Strasse
33333 Gütersloh
(3) The voluntary right of return is subject to the cumulative conditions that
- the goods are unused
- the goods and the packaging are undamaged, and
- the goods are complete.
The examination of the condition and the characteristics of the goods as it would be possible in a retail store is not considered as use of the goods.
(4) The voluntary right of return does not exist for
- Image, sound and data carriers, CDs, DVDs, software, insofar as their seal has been opened 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;
- Batteries, rechargeable batteries, cables, or similar items, insofar as their seal or packaging has been opened;
- Meter goods, consumables;
- Articles 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 begun with the execution of the service.
(6) If the customer is responsible for deterioration or loss of the goods, he must pay compensation for this.
(7) The right of return described above shall apply to consumers in addition to the statutory right of revocation and shall not restrict the latter in any way. Further information on the statutory right of withdrawal can be found under item 5.
7. Retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question. If the customer is an entrepreneur, the retention of title shall also apply until full payment of all current and future claims against the customer.
(2) The customer shall not be entitled to dispose of the title to the goods delivered by us and still subject to retention of title without our prior written consent. The disposal of the customer's legal position with regard to the goods subject to retention of title (so-called expectant right) shall remain permissible as long as the third party is made aware of our right of ownership.
(3) The customer shall treat the reserved goods with care.
(4) In the event of access by third parties - in particular by bailiffs - to the reserved goods, the customer shall point out our ownership and notify us immediately so that we can enforce our ownership rights.
8. Warranty
(1) If the delivered goods are defective, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, however, we may choose between the removal of the defect or the delivery of a defect-free item.
(2) The warranty period for new items shall be two years from the transfer of risk, for used items twelve months, unless we are subject to unlimited liability pursuant to Section 10. For entrepreneurs, the warranty period for new and used items shall be twelve months, unless we are subject to unlimited liability under Clause 10.
(3) The following shall apply to entrepreneurs only: The customer shall carefully inspect the goods immediately after delivery. The delivered goods shall be 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 discovery of the defect.
(4) Wear and tear based on use shall not entitle 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), these shall be excluded from the warranty.
(6) In all other respects, the statutory warranty provisions shall apply.
(7) In warranty cases, we ask customers to contact Sennheiser Vertrieb und Service GmbH & Co. KG, [address, e-mail, telephone].
9. Warranty conditions
(1) In addition to the statutory warranty, we provide a 24-month warranty for the original Sennheiser product purchased by the customer.
(2) Furthermore, the customer can extend the aforementioned warranty period by an additional year for certain products in the online store for a fee. In general, the following conditions apply.
(3) The warranty period begins to run from the transfer of risk. Claims under this voluntary warranty may only be asserted upon presentation of the invoice. The provision of warranty services shall not trigger any extension or renewal 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, Sennheiser Consumer Audio GmbH will, at its own discretion, either repair the product without charging for labor and material costs or replace the product itself or its defective parts free of charge. All replaced products and parts become the property of Sennheiser Consumer Audio GmbH.
(5) Excluded from the warranty are:
- insignificant defects or deviations in the condition of the product which are insignificant for the value and intended use;
- accessories enclosed with the product;
- rechargeable batteries and batteries (these products have a shorter service life due to their nature, which also depends on the intensity of use in each individual case);
- Defects due to improper use (e.g. operating errors, mechanical damage, incorrect operating voltage). Proper use is understood to mean the use of the product under the conditions described in the operating instructions.
- Defects due to wear and tear;
- Modifications made to Sennheiser products by you or third parties if no prior written consent has been obtained from Sennheiser regarding the type and scope of the modification;
- Defects due to force majeure;
- Defects already known to you at the time of purchase.
Removal or alteration of the nameplate, serial number or safety label affixed to the product will void the warranty. Furthermore, there is no warranty claim in case of interventions in the product by unauthorized persons or workshops.
(6) In the event of a warranty claim, please contact:
Sennheiser Vertrieb und Service GmbH & Co. KG, [address, e-mail, telephone].
(7) The customer bears the costs of the return shipment. The risk of successful shipment lies with the customer. To avoid transport damage, the original packaging should be used if possible.
(8) The Customer's statutory warranty rights (cf. Section 8) shall not be limited by these additional warranty conditions.
10. Liability
(1) We shall be liable without limitation in the event of intentional or grossly negligent conduct on our part, for guaranteed characteristics within the meaning of § 444 of the German Civil Code (BGB), for injury to life, limb or health and in accordance with the Product Liability Act
(2) In the event of culpable breach of a material contractual obligation, our liability shall be limited to the foreseeable damage.
(3) Any further liability on our part is excluded.
(4) Information on potential dangers of individual products, which only become known after conclusion of the purchase contract, and information on product recalls are regularly published on our website.
11. Industrial property rights and copyrights
(1) The customer is granted the non-exclusive right to use the software supplied with the goods in connection with the use of the goods.
(2) The customer is not entitled to make copies of the software.
(3) The customer may only transfer the rights granted to him in the software to a third party if the ownership of the product in question is simultaneously transferred to this third party and the customer does not retain any copies of the software.
(4) We have copyrights to the images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
12. data protection
We may process and store the data relating to the respective purchase contracts only within the framework of the applicable statutory provisions. The details can be found in the privacy policy available on our website and the further data protection information for the use of the online store (https://sennheiser-hearing.com/).
13. Applicable law and place of jurisdiction
(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. If the customer is a consumer and has his habitual residence in another country, he shall be protected in accordance with the relevant provisions of the country of residence, which may not be deviated from by agreement.
(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Hanover shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction by virtue of statutory provisions.
14. Final Provisions
(1) The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(2) Deviations from and amendments to these GTC require at least text form.
(3) The GTC shall apply in the version currently valid at the time of conclusion of the contract. The current version of the GTC is available at https://sennheiser-hearing.com/.
(4) Should individual provisions of these GTC - for whatever reason - not be applicable, this shall not affect the validity of the remaining provisions.