General Terms and Conditions of Online Sales to Consumers

General Terms and Conditions of Online Sales to Consumers

for Sonova Consumer Hearing GmbH Online Shop

May 2024

1 . Scope of Application

(1) These General Terms and Conditions of Sales to Consumers ("GTC") apply to all agreements on the sale of products ("Products") that Sonova Consumer Hearing GmbH ("Sonova" or "we") concludes with a customer who is a consumer within the meaning of Section 13 of the German Civil Code ("BGB"), i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside such person's trade, business or profession, ("Customer" or "you") on the basis of online orders placed by the Customer on our Online Shop (at https://Sennheiser-hearing.com/pt-pt) ("Online Shop").

(2) Contractual partner is Sonova Consumer Hearing GmbH registered with the Commercial Register at the Hannover District Court, register number HRB 221905, with its registered office in Am Labor 1, 30900 Wedemark, Germany, Tel.: +49 (0) 5130 9490 000, contactcenter@sennheiser-hearing.com.

(3) The Products are sold to end-users only and are not for commercial resale.

(4) The languages available for the conclusion of a purchase agreement are: German and English.

2. Order Process, Conclusion of Purchase Agreement

(1) The Products displayed in the Online Shop constitute a non-binding product catalogue. Our Product offerings in the Online Shop are a non-binding invitation to purchase and do not constitute an offer to conclude a contract. Pictures and images of the Products and their packaging are for illustration purposes only. In case of a difference between the image and the written product specifications, the latter will always prevail. The colours of the Products displayed on the Website may vary depending on what device you are using and your settings. You must use our Products only for domestic and personal use. You must not use our Products for a commercial, business or resale purpose.

(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the Product in question.

(3) To place an order, the Customer may put the Product into the shopping basket in a non-binding manner and then correct the entries at any time using the “remove” button in the shopping basket. If the Customer has already started the order process, corrections can be made at any time using the "Back" button in the browser and then access the shopping basket to make corrections before placing the binding order. The Customer can change the quantity of a Product or delete a Product from the basket at any time before placing a binding order.

(4) By clicking on the "Checkout" button in the shopping basket, the Customer will be forwarded to the one page checkout for the order process where the Customer is required to enter all of the data that is relevant to the processing of the order (first and last name, billing and delivery address, selection of a payment method and payment details, e-mail address) and during which, if available, a voucher can be redeemed. The Customer may choose between the options "Express checkout" or enter "Contact" and "Shipping address". If "Express Checkout" is selected, the Customer will be redirected to the Website of an instant payment system provider (e.g., PayPal, Google Pay, or similar) and, after filling in the data requested by the selected provider, redirected back to the one page checkout for the order process. [Clause 2(6) does not apply in the case of "Express Checkout";] "Shipping address" and payment method are filled in automatically in this case. If the Customer selects "Contact" and "Shipping address", email address and shipping address shall be entered. Instead of entering the data, the Customer can click on the button "Do you already have an account? Log in" to log in with an existing customer account or create such an account and then log in (see clause 2(12)). If the Customer logs in, the data for "Contact" and "Shipping address" are automatically filled in with the data provided by the Customer in the customer account. Next, by entering the Customer's shipping address, the Customer is provided with the available choice(s) of shipping method. The Customer may choose between standard shipping or express shipping. Next, the Customer is asked to select the desired payment method and, if applicable, to enter a billing address other than the shipping address (or tick "Use shipping address as billing address". During the order process, we provide the Customer with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help the Customer recognise any errors that have possibly been made in the Customer's entries.

(5) [By clicking "Review order", the order data is then summarised in an overview on the right hand side of the one page checkout once again for the Customer's final check. By clicking on the "Buy Now" button, the Customer places a binding order for the Product in its basket.

(6) If an instant payment system has been selected as the payment method, the Customer will now be redirected to the Website of the provider of the instant payment system, where the Customer enters their data. The Customer can access the individual order steps listed using the usual functions of their Internet browser.

(7) You may only place a binding order if you take note of and agree to the application of these GTC by placing a checkmark in the field "I agree to the application of the general terms and conditions". By making a purchase and accepting these GTC, you confirm that you: (a) agree to comply with these GTC; and (b) that you are legally bound by these GTC. Please also take note of the Privacy Policy as well as the instructions on the right of withdrawal as stated in clause 5(2).

(8) The GTC can be printed using the "Print" function and saved using the "Save" function.

(9) We are under no obligation to accept the offer. 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.

(10) The offer is only accepted by us, and thus, the purchase contract will be concluded if and when we confirm acceptance to the Customer (by separate email) or send the Products and inform the Customer accordingly. The order confirmation or dispatch notice will be sent within [one - three] business days following the day of the order. The order confirmation or dispatch notice will also contain all details of the contract (including the information supplied to us by you, the details of the order, your order number, shipment tracking information and these GTC as well as the instructions on the right of withdrawal, any other information required by law and the Privacy Policy) in text form.

(11) After receipt of the confirmation of receipt and the order confirmation, please check your 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.

(12) The Customer can place an order without registering. The Customer may also register and set up a customer account. In order to register on our Website and set up a customer account, the customer must enter the mandatory fields in the registration form correctly and completely. Registration is successfully completed when it has been confirmed with a corresponding confirmation email and the Customer has activated the account by clicking on the link provided in the confirmation email. The personal access data must be stored in such a way that it is protected against access by third parties.

Should third parties nevertheless gain knowledge of the access data, the Customer must inform us immediately and change the access data. The Customer is responsible for reviewing and updating the data provided with each new order.

(13) The order including your personal data will be stored electronically by us in compliance with the applicable data protection requirements. The details are set out in the customer data protection information and the further data protection notice for using the Online Shop available on our Website https://www.sennheiser-hearing.com/privacy-notice-customers/.

(14) We will contact you by email to tell you if we do not accept all or part of your order. This is typically for the following reasons (this is not an exhaustive list): the Products are unavailable; you are under the age of eighteen (18); we cannot ship to you; we cannot authorise you payment; you are not allowed to buy Products from us; we are not allowed to sell the Products to you; you have ordered too many Products; or there has been a mistake on the pricing or description of the Products. We have the right to reject any order for any reason, without any liability to you.

(15) All orders are subject to availability. We cannot guarantee that any Product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain Products. If we do not accept your whole order, your order will be cancelled. If payment has already been processed, we will provide you with a full refund (including any delivery costs) using the same means of payment as you used for the initial transaction.

(16) If we do not accept part of your order, such part of your order will be cancelled. If payment has already been processed, we will provide you with a refund to the value of those cancelled Products using the same means of payment as you used for the initial transaction. Any Products forming part of the same order which are still available will be sent to you and charged for as normal.

3. Prices and payment

(1) Our prices include statutory value added tax. Any applicable shipping costs, customs duties and similar charges are borne by the Customer; they will be displayed in the summary of the order data as stated in clause 2(5). For the avoidance of doubt: We will not reimburse any value added tax or other taxes, customs duties or similar charges if the Customer takes the goods to any other country than Germany after we have delivered the goods to the agreed delivery location in Germany.

(2) Only the payment options specified in the Online Shop are permitted. We generally accept: Credit card, electronic payments, invoice and bank transfer.

(3) Value vouchers can be redeemed during the order process for the Products. By contrast, discount codes may not be used for the purchase of Products that are reduced goods, outlet goods and new released goods.

(4) If payment upon receipt of invoice has been agreed, our invoices are due for payment within 30 days after receipt of the Product 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.

(5) In the event of default in payment, we are entitled to our statutory rights.

(6) 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. Set-off or the exercise of any retention right by Customer shall also be allowed to the extent that the counterclaims are based on the same contractual relationship.

4. Shipping conditions, transfer of risk

(1) All periods for shipping the Products 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.

(2) If no deadline or fixed date for shipping and delivery has been specified or otherwise agreed, a general delivery period of five (5) working days will apply.

(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, unless this would be unreasonable for the Customer; in case of partial deliveries, we will bear the additional 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 delivery of the Products to the transport company at our warehouse in Gütersloh and are not responsible for delays caused by the transport company.

(6) The risk of accidental destruction, accidental damage or accidental loss of the delivered Products passes to the Customer when the Products are delivered to the Customer. If the Customer is in default of acceptance, this shall be deemed equivalent to delivery. Delivery shall be made to the delivery address specified by the Customer.

5. Right of revocation

(1) The Customer has a right of revocation subject to the following provisions.

(2) Instructions on revocation

Instructions on revocation

Right of revocation

You have the right to revoke this contract within 14 days without giving any reason.

The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of revocation, you must inform us (Sonova Consumer Hearing GmbH (Am Labor 1, 30900 Wedemark, Germany, +49 (0) 5130 9490 000, contactcenter@sennheiser-hearing.com) of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached sample revocation form, but it is not mandatory.

To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.

Effects of revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or Sonova Consumer Hearing (Arvato - DE), c/o Arvato Distribution GmbH WA1800, Reinhard-Mohn-Straße, 33333 Gütersloh, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your revocation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(3) Shipping costs borne by us

According to the foregoing clause 5(2) we bear the costs for return shipping after revocation if the Customer uses the free return label. The Customer can download the return label online in our retour-portal.

(4) 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 individual choice of or decision by the consumer or goods made to the consumer'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.

(5) Model revocation form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Sonova Consumer Hearing GmbH (Am Labor 1, 30900 Wedemark, Germany, ecommerce@sennheiser-hearing.com

I/We (*) hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper)

Date

__________.

(*) Delete as appropriate.

6. Voluntary right of return

(1) We allow the Customer to return the Products 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 Products. The deadline is deemed to have been met if the Products or the request to return Products 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. Payments already made will be credited if the returned Products 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 Products are unused,
  • the Products and the packaging are undamaged and
  • the Products are complete.

Inspecting the condition and properties of the Products, as would also be possible in a store, is not deemed to be using the Products.

(4) The voluntary right of return does not apply to

  • image, sound and data carriers, CDs, DVDs, software, if their seal has been broken 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;

(5) If the Customer is responsible for the deterioration or loss of the Products, they must pay compensation for it.

(6) The right of return described above applies in addition to the Customer’s statutory right of revocation and does not restrict it in any way. Further information on the statutory right of revocation can be found under clause 5.

7. Reservation of title

(1) We retain title to the Products delivered by us until the purchase price for the Products in question has been paid in full (including VAT and applicable shipping costs).

(2) The Customer is not entitled to dispose of the ownership of Products 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. Claims for defects

(1) If the delivered Products are defective, the statutory warranty provisions apply, in particular the right to request rectification, to rescind from the contract or to reduce the purchase price. The Customer may first demand that we remedy the defect or deliver a defect-free Product.

(2) Claims for damages due to defects shall be governed by statutory law, though modified by the provisions in clause 9.

(3) Wear and tear due to use does not give rise to warranty claims.

(4) 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.

(5) In warranty cases, please contact our customer support. You may use the contact form on our website.

(6) Additional voluntary warranties only apply to the extent those are expressly granted for the respective Product.

9. Liability

We are liable for damages based on any legal ground whatsoever in accordance with the following provisions:

(1) Our liability for damages caused by slight negligence (einfache Fahrlässigkeit) is limited to typical and foreseeable damages resulting from the breach of a material contractual obligation. A material obligation is an obligation that is required for the fulfilment of the purpose of the respective agreement and on the fulfilment of which a contractual partner regularly trusts or may trust.

(2) The foregoing limitation of liability does not apply to (i) our liability under the German Product Liability Act (Produkthaftungsgesetz), (ii) defects for which a guarantee for the quality of the Product (Beschaffenheitsgarantie) was given (in that case liability will be in accordance with the terms of such guarantee), (iii) injury of life, limb or health (Verletzung von Leben, Körper oder Gesundheit), (iv) intent (Vorsatz), and (v) gross negligence (grobe Fahrlässigkeit) of an officer or executive of Sonova.

(3) The above limitations of liability shall also apply in the case of your claim for damages against Sonova's officers, executives, employees or agents.

(4) The above limitations of liability shall apply accordingly to frustrated expenses.

(5) Any further liability on our part is excluded.

10. Industrial property rights and copyrights

(1) The Customer is granted the non-exclusive right to use the software delivered with the Products in connection with using the Products.

(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.

11. 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 customer data protection information and the further data protection notice for using the Online Shop available on our website. https://www.sennheiser-hearing.com/privacy-notice-customers/

12. Applicable law

The law of the Federal Republic of Germany shall apply. If the Customer has its habitual residence in another country than Germany, this choice of law shall not apply if it has the result of depriving the Customer of the protection afforded to it by the relevant provisions of the country of residence, which may not be derogated from by agreement.

13. 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 or service contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are not willing nor required to participate in dispute resolution proceedings before a consumer arbitration board.

(2) The GTC apply in the version currently valid at the time the Customers submits its order. The current version is available at https://sennheiser-hearing.com/terms-of-sale.

(3) If an individual provision of these GTC is or will be invalid for whatever reason, this does not affect the validity of the remaining provisions.