General Terms and Conditions of Hörluchs Hearing GmbH & Co. KG for Consumers

Version: 05.22.2018

1. Definition

For commercial relations of any kind between Hörluchs Hearing GmbH & Co. KG and the customer, the following general terms and conditions apply in their respective and valid versions.

Clients can be both businessmen and consumers. A consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to his professional or commercial activity (§ 13 BGB). Businessman is a natural or legal person or a legal entity that acts in the execution of a legal transaction in the exercise of its commercial professional activity (§ 14 BGB).

2. General Purchase Agreement / conclusion, settlement and termination

The contract language is German.

a) Conclusion of the contract

The presentation of the products in the online store does not constitute a legally valid offer, but only a non-binding online catalog of the product range. By clicking on the “Buy” button, the customer makes a binding order for the products contained in the shopping cart. With the order confirmation, which Hörluchs Hearing GmbH & Co. KG sends to the customer, the binding purchase contract is concluded.

b) Processing by contract for individually adapted products.

For the customized and custom fit of in-ear headphones the following applies:

With the confirmation of the order, the customer receives a printable instruction on how to create the impressions according to the mold. Then, the client has to make an appointment with a professional acoustic for the impression of ear molds. On the agreed date, the associated distributor receives a visit with the printed manual, so that he can make an impression of the ear. The delivery of the product manufactured individually for the customer’s ear will be carried out directly by the manufacturer or through an associated distributor, according to the option agreed with the customer.

For custom hearing protections and SE earpieces:

With the confirmation of the order, the customer receives a printable authorization certificate and the contact details of the nearby professional acousticians who are our associated distributors. A bar code will be applied to the authorization certificate and can only be used once. Then, the client has to arrange an appointment for the ear print with an associated distributor. On the agreed date, you will visit the dealer associated with the certificate, so he can make an impression of the ear. The delivery of the product manufactured individually for the client is carried out through the associated distributor. The acoustician has the duty to perform a test to confirm the proper function of the hearing protection.

The obligations according to paragraph 12 must be observed.

c) Cancellation if goods are out of stock.

Hörluchs Hearing GmbH & Co. KG always strives to have the products listed in stock and available, but if this is not the case, the client will be informed in writing. The contract will be canceled if this is the clients wish. For the return of the payment, we use the same means of payment that the client used in the original transaction.

 

 

  1. Shipping costs.

    In addition to the prices of the indicated products, shipping costs are added. You can find more information about the shipping costs in the offers and in paragraph 7: Delivery.

    4. Payment

    The following payment methods are available in our store: Paypal, credit card, immediate transfer. For payment by credit card and PayPal, the payment time corresponds to the time of the order.

    a) Paypal

    When the payment service provider “PayPal” is used, the payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This presupposes, among other requirements, that the customer opens or already has a PayPal account.

    b) Credit card

    With this option you pay the amount of the invoice through your credit card. We accept the following credit cards:
    • Visa,
    • MasterCard

    If you wish to pay by credit card, you will be asked to enter your credit card information during the order process.

    In case that the debit of the credit card is rejected, the customer agrees to pay the purchase price plus the costs incurred within 10 days after receiving the service. These costs include, among others, the expenses incurred due to the cancellation of the debit of the credit card.

    c) Immediate transfer

    By paying by immediate transfer the consumer activates the payment of the requested goods through his online bank account during the order process. After selecting the immediate transfer payment method in the order process, you will be directed to the secure payment form of SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany. The SOFORT GmbH automatically assumes the payment process, which is comparable to a debit card payment with PIN, without any possibility of inspection by Hörluchs Hearing GmbH & Co. KG. As with payment by debit card, SOFORT GmbH verifies the credit limit of your account in the case of an instant bank transfer and makes a transfer to Hörluchs Hearing GmbH & Co. KG if the account is covered. In addition, the system of SOFORT GmbH verifies in about 30 percent of the cases, if the previous payments were reserved with immediate transfer to exclude systematic fraud. To make an instant bank transfer, SOFORT GmbH needs the PIN and a TAN from your bank account in addition to your name, bank code and account number. Only your name, bank account number, bank account number, purpose, amount and date of the transfer will be stored in the account or account balance of your account or past sales.

    If the transaction is successful, Hörluchs Hearing GmbH & Co. KG will only receive automatic confirmation in real time from SOFORT GmbH that the transfer has been made.

    5. Due date and payment terms.

    Payment must be made at the conclusion of the binding purchase contract, with the delivery of the order confirmation (see section 2.a). The customer will be charged the full amount to their credit card when sending the order online. The charge will be made after the confirmation of the order and the confirmation of the order by the company Hörluchs Hearing GmbH & Co. KG. The customer is responsible for any additional costs incurred when using credit cards, PayPal or chargebacks.

    If the customer does not comply with the payment, then Hörluchs Hearing GmbH & Co. KG is entitled to demand an interest per predetermined year in the amount of 5% above the base rate announced by the European Central Bank. If Hörluchs Hearing GmbH & Co. KG has demonstrably suffered further damage caused by delay, Hörluchs Hearing GmbH & Co. KG has the right to assert this claim.

    The customer accepts that Hörluchs Hearing GmbH & Co. KG has the right to send the invoice by electronic mail to the customer as electronic invoice (invoice issued and received in an electronic format, for example, as a PDF document). Hörluchs Hearing GmbH & Co. KG can also send the invoice to the customer on paper.

 

 

  1. Retention of the title.

    The goods remain the property of Hörluchs Hearing GmbH & Co. KG until full payment. The customer has no right to sell the products to third parties until full payment of the purchase price or take other measures that endanger the property of Hörluchs Hearing GmbH & Co. KG.

    For Businessmen who are merchants in the sense of the HGB:

    Until the full payment of all claims against the customer, including all existing ancillary claims, the goods delivered are property of Hörluchs Hearing GmbH & Co. KG.

    For the consumers:

    In the case of contracts with consumers, Hörluchs Hearing GmbH & Co. KG retains ownership until full payment of the purchase price.

    7. Delivery

    If the client is an Businessman (§ 14 BGB), delivery is always at the customer’s risk. This also applies to partial deliveries.

    If the customer is a consumer (§ 13 BGB), the risk of accidental loss and accidental deterioration of the item sold pass to the customer also during a sale by shipment only with the transfer of the goods to the customer.

    The transfer also counts as effected if the buyer is in breach of acceptance.

    The delivery is made in the case of hearing protection individually adapted to the associated distributor (professional acoustic) of Hörluchs Hearing GmbH & Co. KG, selected by the customer, or directly to the customer.

    Our shipping and delivery costs:

    Deliveries in the Federal Republic of Germany 6.50 euros.
    Deliveries abroad
    Austria: 9.90 euros
    Benelux (Luxembourg, Netherlands, Belgium), France,
    Italy, Poland, Denmark, United Kingdom:                      15.90 euros.
    Switzerland, Liechtenstein, Monaco, Norway:               24.90 euros

    Fast deliveries and deliveries to third countries can incur customs costs and additional customs costs for the customer, which we will gladly provide if you request them.

    Damages during transportation

    For Businessmen who are merchants within the meaning of the German Commercial Code (HGB): the goods must be inspected for damage in transit immediately after the customer or their agent receives them, if the customer is a merchant in the sense of German Commercial Code (HGB). The customer, who is a merchant in the sense of the German Commercial Code (HGB), must have the transport and packaging damages confirmed by the transport company in writing at the time of acceptance of the goods and prove them.

    To customers who are consumers, we ask that you please also inform us about obvious transport damages. Please report such damages as soon as possible to the sender and contact us immediately.

 

 

  1. Right of withdrawal.

    If the customer is a consumer (§ 13 BGB), you have the right to revoke this contract within fourteen days without indicating the reasons. The cancellation period is fourteen days from the day the customer or a third party named by him, who is not the carrier, has taken possession of the purchased products. To exercise the right of withdrawal, the customer must inform Hörluchs Hearing GmbH & Co. KG, Bergseestraße 10, 91217 Hersbruck, Germany, Fax: 09151/90 886 27, email: info@hoerluchs.com by means of a clear statement , for example by letter, fax or email, about your decision to withdraw from this contract. If you want, you can use the sample letter shown in paragraph 22. To guarantee the cancellation period, it is sufficient to have sent the declaration on time.

    Consequences of cancellation.

    If the customer withdraws from this contract, we have a duty to return all payments we have received from him, including delivery costs (except for the additional costs that arise from the fact that the customer wants a different type of delivery than the one from cheapest standard delivery we offer) no later than fourteen days from the date we receive notification of the cancellation of this contract. For this refund we use the same means of payment that the client used in the original transaction. In no case will the client be charged additional reimbursement costs.

    We may refuse to reimburse you until we have received the return of the goods or until the client provides evidence that the goods have been returned. The customer must return the products to us immediately and, in any case, no later than fourteen days from the date he / she informs us of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.

    The cost of returning the goods will be borne by the customer.

    The client only has to pay for a possible loss in the value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and operation of the goods.

    Exclusion of the right of withdrawal.

    The right of revocation is excluded in the case of the delivery of products that are not prefabricated and for whose production a selection or individual wishes by the consumer is decisive or which have been clearly adapted individually to the personal needs of the consumer, especially hearing protection adapted individually, ear pieces or In-Ears (Headphones) adapted individually. Excluded are also sealed products that are not suitable for return due to health or hygiene reasons, if their seal was removed after shipment (especially cleaning products, detergents, etc.).

    9. Claims for defects.

    The warranty period for new products of the company Hörluchs Hearing GmbH & Co. KG is 24 months. The period begins with the transmission of risk. If the client is an businessman, the warranty period for the products purchased is one year from the transmission of risk.

    Unless otherwise specified in these terms and conditions, liability for defects will be governed by applicable law. Defects or damages resulting from faulty or incorrect operation or incorrect installation, as well as the use of inappropriate accessories or modifications of the original parts by the customer or a third party not commissioned by Hörluchs Hearing GmbH & Co. KG are excluded from the liability for defects. Wear-based wear is also excluded from liability for defects.

    Personal problems and the subjective feeling of use related to the use of hearing protection, SE ear molds or in-ears are not the fault of Hörluchs Hearing GmbH & Co. KG and are not grounds for complaint.

    10. Improvement and rectification work

    The buyer can request improvement works (repair or production of a new item) if there is a defect in the material. However, we have the right to reject it, if it is only possible with disproportionate costs and another type of improvement would work without significant disadvantages for the buyer. During the improvement work, it is not possible to reduce the purchase price or cancel the contract by the buyer. The improvement work is considered fulfilled with the second attempt to rectify the damage.

 

 

  1. Compensation

    The buyer can only submit claims for damages due to the defect in the material if the improvement works have failed or if we have refused to carry out improvement or rectification work.

    The right of the client to submit additional claims for damages in the following conditions is not affected. For damages other than damage to life, limb or health, Hörluchs Hearing GmbH & Co. KG will only be liable as a result of intentional or negligent behavior or a willful breach of a significant contractual obligation on the part of Hörluchs Hearing GmbH & Co. KG or a vicar agent of Hörluchs Hearing GmbH & Co. KG. Any other liability for damages is excluded.

    The provisions of the Product Liability Law will not be affected. If a significant contractual obligation is negligently contravened, the liability of Hörluchs Hearing GmbH & Co. KG is limited to foreseeable damage.

    12. The clients obligation of cooperation when acquiring products adapted and produced individually for him

    If the client purchases a hearing protection or individualized or personalized otoplastic, he has to
    • make an appointment with an associated distributor.
    • make sure that he has his authorization certificate with him and that it does not fall into the hands of third parties.
    • allow the authorized professional acoustician to make an impression of the ear.
    • collect the product from the associated distributor and make sure that the associated acoustician performs a professional functional verification before delivering the product.

    In addition, the client is recommended to submit their hearing protection to regular functional controls by a professional acoustic at regular intervals of no more than 3 years.

    If the customer buys custom made and individual in-ear headphones, he has to
    • make an appointment with a professional acoustic.
    • bring the printing instructions he has printed in advance to the appointment.
    • make the professional acoustician produce an impression of the ear.
    • send the impressions to Hörluchs Hearing GmbH & Co. KG in such a way that they are not damaged or crushed during transport.
    • send his name and contact details with the impressions in a clear and understandable way.

    Damaged, crushed or incorrect prints cannot be processed by Hörluchs Hearing GmbH & Co. KG. Any additional costs caused by damage during transport can be transferred to the customer by Hörluchs Hearing GmbH & Co. KG, provided that the latter has organized the transport.

    13. Place of performance and jurisdiction

    Only the German law excluding the sales law of the UN (CISG) applies. The place of performance for all services of the business relationship with the company Hörluchs Hearing GmbH & Co. KG is Nuremberg, Germany.

 

 

  1. Important warnings

    A. Hearing protection can effectively and significantly reduce ambient noise, but hearing protection cannot absorb sound 100%. Therefore, annoying noises are attenuated to the ear with the appropriate use of hearing protection, and at the same time sound is less dangerous when hearing protection is used correctly. However, we note that even so sound is perceived, even when the protection is applied correctly, and that especially when one focuses on the sound. The exact degree of protection with the proper use of hearing protection can be found on our website www.hoerluchs.com.

    B. The client must inform himself before using the hearing protection on its insulating effect and on the amount of sound to be isolated. If the packaging of the hearing protection does not contain insulation values, contact us before using it. If there are no available insulation data ​​or if the customer is not sure whether the insulation values ​​of the hearing protection are adequate enough to protect against noise to be damped, then hearing protection should not be used as protection.

    C. The customer should also observe the following:

    a) The protective effect of hearing protection depends on individual factors at the time of use and is not expressly guaranteed. The anatomical conditions can lead to deviations of the values, even when the closure is complete.

    b) In rare cases, there may be ears that, for anatomical reasons, cause problems when wearing hearing protection, otoplastics and in-ear headphones (for example, bruising or pressure sensation due to a particularly small ear or sensitivity to pressure). For these cases, we cannot guarantee or assume responsibility.

    c) Excessive or inappropriate use of hearing protection can cause hypersensitivity.

    d) When using hearing protectors, otoplastic SE and in-ears in road traffic, it must be taken into account that the ability to pay attention while driving must be preserved.

    15. Technical advice

    The customer must pay attention to our technical advice in writing for the intended and safe use of our products or inform in advance. The user of our products is obliged to estimate their individual acoustic situation with caution and not to overload their hearing system with headphones or hearing aids. In case of doubt, you should first ask for advice from an independent body (for example a doctor).

    16. Written form is required

    To be valid, guarantees, supplementary agreements or additional deliveries, which are not expressly mentioned in our order confirmation, as well as changes or additions to the contract must be made in writing. Our employees are not authorized to make oral statements or to confirm verbal guarantee agreements that go beyond the content of the written contract.

    17. Severity clause

    In the event that a part or parts of these Terms and Conditions cease to be valid, this will not affect the validity of the remaining provisions and the general terms and conditions.

    18. Applicable law

    The law of the Federal Republic of Germany applies. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980 is excluded.

    19. Data privacy / Rights of use

    Hörluchs Hearing GmbH & Co. KG collects and stores the data necessary for the commercial transaction with customers. When processing the customer’s personal data, Hörluchs Hearing GmbH & Co. KG complies with the legal provisions, in particular the provisions of the DSGVO. Details can be found in the privacy policy of Hörluchs Hearing GmbH & Co. KG, which can be downloaded from www.hoerluchs.com/datenschutzerklärung.

    The customer of products made to order (for example personalized and individualized hearing protection products, in-ears, ear molds and SE otoplasticas) authorizes us to use photos and samples of their products for sample and self-promotion purposes. Only the product will be displayed and personal data will not be transmitted. This use may be rejected in writing at any time.

 

 

  1. Contact information

    Hörluchs Hearing GmbH & Co.KG
    Bergseestraße 10
    D-91217 Hersbruck
    Germany

    Headquarters of the company: Hersbruck, Germany
    Registration Court: Nürnberg District Court (HRA 14227)

    Complementary company
    Hörluchs Verwaltungs GmbH
    Bergseestraße 10
    91217 Hersbruck

    Headquarters of the company: Hersbruck, Germany
    Registration Court: Nürnberg District Court (HRB 34180)

    Executive Directors: Norbert Deinhard and Thomas Meyer

    Number of VAT DE249159172

    Contact:
    Email: info@hoerluchs.com
    Telephone: +49 9151 – 908 86 0
    Fax: +49 9151 – 830 97 31

    21. Statement about the law of the battery

    In relation to the distribution of batteries and accumulators, we, as distributors, under the battery law (BattG.), are obliged to point out to our customers the following: The symbol of the crossed-out wheeled bin means that you should not throw away the batteries and the accumulators to the domestic garbage. Below this symbol you will also find the following symbols with the following meaning:
    Pb: the battery contains lead
    Cd: the battery contains cadmium
    Hg: the battery contains mercury

    You can return batteries and batteries to a municipal collection point or local merchant. You can find more information about the battery law, in particular the possibility of downloading the legal text, in the Federal Ministry of the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).

    22. Sample for cancellation letter (see paragraph 8)

    If you wish to cancel the contract, complete this form and send it to:

    Hörluchs Hearing GmbH & Co. KG
    Bergseestr. 10
    91217 Hersbruck
    Germany

    Email: info@hoerluchs.com
    Tel .: +49 (0) 9151/90 886 27

    I / We (*) revoke
    • the contract entered into by me / us (*) for the purchase of the following products (*)
    • the provision of the following service (*)

    Order in (*) / Received in (*)

    Name of the consumer (consumers)

    Consumer direction (the consumers)

    Signature of the consumer (consumers)> only when notified on paper

    Date

    (*) Delete as appropriate.

    23. Information about the resolution of consumer disputes

    The European Commission has created an Internet platform for the resolution of disputes in commercial relationships over the Internet. The platform serves as a point of contact for the out-of-court resolution of disputes over contractual obligations arising from purchase and service contracts made online. You can access the platform under the following link: http://ec.europa.eu/consumers/odr

    The consumer arbitration institution responsible for you is:
    Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
    Straßburger Straße 8
    77694 Kehl am Rhein
    Germany

    Telephone: +49 7851/795 79 40
    Fax: +49 7851/795 79 41
    Email: mail@verbraucher-schlichter.de
    Internet: www.verbraucher-schlichter.de

    Hörluchs Hearing GmbH & Co. KG does not participate in the consumer arbitration proceedings before the consumer arbitration board mentioned above under the Consumer Dispute Resolution Act. Disputes over the contract and its execution can be negotiated with the institution and at the address mentioned above.