General Terms and Conditions – end users
General Terms and Conditions of Hörluchs Hearing GmbH & Co. KG for end users
Updated: 4 May 2015
All types of business relationships between Hörluchs Hearing GmbH & Co. KG and the customer shall be subject to the subsequent General Terms and Conditions as amended.
Customers may be both businesspersons and consumers.
A consumer is every natural person who concludes a legal transaction for purposes which can be assigned predominantly neither to their commercial nor their self-employed occupational activity (§ 13 BGB ).
A businessperson is a natural or legal person or a partnership with legal capacity to act as such when concluding a legal transaction in the exercise of its commercial or self-employed occupational activity (§ 14 BGB).
2. General / formation, winding up and reversing of a purchase contract
The language for the contract shall be German.
a) Formation of the contract
The representation of the products in the online shop does not imply a legally binding offer, but only an online catalog of the range of goods subject to confirmation. By clicking the button “Buy”, the customer issues a binding order for the items contained in his/her shopping cart.
The binding purchase contract is established by the order confirmation sent by Hörluchs Hearing GmbH & Co. KG to the customer.
b) Contract handling in case of hearing protection to be adapted individually
The customer receives, together with the order confirmation, a printable voucher and the contact data of acousticians in his/her vicinity who are our trading partners. The voucher bears a barcode which can be used only once.
Then, the customer is required to contact a trading partner by phone to make an appointment for an ear impression to be taken. The customer visits the trading partner with the voucher to enable him/her to take an ear impression. The product manufactured individually according to the ear impression is delivered via the trading partner, who must subject the hearing protection to a functional test.
The obligations to cooperate as specified under item 12 must be complied with.
c) Reversal in case of articles that are not in stock
Hörluchs Hearing GmbH & Co. KG always strives to keep the products listed in the webshop in stock and available; should this not be possible in individual cases, the customer shall be informed accordingly in text form. In this case, the contract shall be reversed. Repayment shall be effected using the same means of payment which the customer used for the original transaction.
3. Shipping costs
The shipping costs are added to the specified product prices. For further details on shipping costs, please refer to the offers and to Chapter 4: Delivery.
Our shop provides you with the following payment options:
You pay the invoice amount via the online provider Paypal. You must on principle be registered there or previously register there, legitimate yourself using your access data and acknowledge the payment authorization to us. Further information shall be provided in the ordering process.
5. Due date and terms of payment
Payment shall be due with the conclusion of the binding purchase contract, by sending the order confirmation (see under 2.a). The total amount is debited from the customer’s credit card directly upon submitting the online order. The debiting takes place upon receipt of the order and order confirmation by Hörluchs. In the case of fault on the part of the customer, the latter shall be liable for any extra costs incurred when using credit cards, PayPal or return debit notes.
6. Reservation of ownership
The goods shall remain our property pending payment in full. Pending payment of the purchase price in full, the customer shall not be entitled to sell the goods to third parties or take any measures prejudicing the property of Hörluchs Hearing GmbH & Co. KG.
Regarding businesspersons who are merchants within the meaning of HGB :
Pending payment in full of all claims existing against the customer, including all existing accessory claims, the goods delivered shall remain the property of Hörluchs Hearing GmbH & Co. KG.
In the case of contracts with consumers, Hörluchs Hearing GmbH & Co. KG reserves ownership pending payment of the purchase price in full.
If the customer is a businessperson (§ 14 BGB), delivery shall be effected on principle at the customer’s risk. This also applies to partial deliveries.
If the customer is a consumer (§ 13 BGB), the risk of accidental perishing or accidental deterioration of the object of sale shall be transferred to the customer, even in case of sale by dispatch, only upon delivery of the object of sale to the customer.
Delay in acceptance on the customer’s part shall be tantamount to delivery.
In case of an individually adapted hearing protection, delivery shall be effected to the trading partner selected by the customer (hearing aid acoustician) of Hörluchs Hearing GmbH & Co. KG, otherwise directly to the customer.
Our delivery and shipping charges
Deliveries within the Federal Republic of Germany 6.50 euros
Austria: 9.90 euros
Benelux (Luxembourg, the Netherlands, Belgium), France, Italy, Poland, Denmark, United Kingdom: 15.90 euros
Switzerland, Liechtenstein, Monaco, Norway: 24.90 euros
In case of express deliveries and deliveries into third-party countries, additional customs duties and fees may be incurred for the customer which we will pleased to communicate to you on request.
Regarding businesspersons who are merchants within the meaning of HGB :
If the customer is a merchant within the meaning of the HGB, the goods shall be examined for damage occurred in transit immediately upon receipt by the customer or his/her authorized representative. The customer being a merchant within the meaning of HGB must have any damage occurred in transit and to the packaging which can be ascertained acknowledged in writing by the forwarding agent upon receipt of the goods, and must report such damage.
Customers who are consumers are requested without legal obligation also to notify obvious damage occurred in transit to us. If possible, please complain about such defects immediately towards the delivery service and contact us immediately.
8. Right of withdrawal
If the customer is a consumer (§ 13 BGB), he/she shall be entitled to rescind this contract within 14 days without giving reasons. The revocation period shall be fourteen days after the date on which the customer or a third party appointed by the customer, who is not the forwarding agent, has taken possession of the last merchandise. To exercise his/her right of withdrawal, the customer must inform us (Hörluchs Hearing GmbH & Co. KG, Bergseestrasse 10, D-91217 Hersbruck; Fax: 09151 / 90 886 27; email: firstname.lastname@example.org) by means of an unambiguous statement (e. g. a letter sent by regular mail, fax or email) about his/her decision to rescind this contract. He/she can use the standard withdrawal form enclosed below, which, however is not mandatory.
To comply with the revocation period, timely sending of the statement shall suffice.
Consequences of withdrawal
If the customer rescinds this contract, we shall be required to reimburse all payments received from the customer, including the delivery costs (except the supplementary costs resulting from the customer’s having selected a delivery mode other than the standard delivery offered by us, which is the least costly), immediately and at the latest within fourteen days after the date on which we have received the notification about his/her rescinding this contract. This repayment shall be effected using the same means of payment which the customer used for the original transaction. In no case shall charges be invoiced to the customer on account of such repayment.
We may refuse repayment until we have received the returned goods or until the customer has furnished proof of the goods having been returned, whichever is earlier. The customer shall return or deliver the goods to us immediately and in any case at the latest fourteen days after the date on which he/she has informed us about the withdrawal from this contract. The time limit is considered as complied with if the customer dispatches the goods before the expiry of the fourteen-day period.
The customer shall bear the costs for return of the goods.
The customer only has to compensate for any loss in value of the goods if such loss in value is due to handling the goods in a way that is not necessary for checking their quality, properties and functionality.
Exclusion of the right of withdrawal
The right of withdrawal shall be excluded in case of delivery of goods which are not prefabricated and manufacture of which depends on individual selection or determination by the consumer or which are clearly customized to the personal requirements of the consumer, especially a hearing protection fabricated individually according to customer’s specifications, delivery of sealed goods which are not suited for return on account of health protection or hygiene once their seal has been removed after delivery (especially, but without limitation, care products, cleaning products, etc.).
9. Claims for defects and damages
The warranty period for new objects amounts to 24 months. The time limit commences with the transfer of risk.
If the customer is a businessperson, the warranty period for new objects amounts to one year after the transfer of risk.
Unless otherwise stipulated in these General Terms and Conditions, the liability for defects shall be based on the legal requirements.
Defects or damage due to culpable or inappropriate handling or inappropriate installation or use of unsuitable accessories or modification of original parts by the customer or a third party not commissioned by Hörluchs Gehörschutzsysteme GmbH Co. KG shall be exempted from the liability for defects.
Wear due to use shall also be exempted from the liability for defects.
Personal problems regarding the wearing of a hearing protection are not a material defect for which Hörluchs Gehörschutzsysteme GmbH Co. KG is responsible and shall not result in a claim for defects.
10. Rectification/subsequent performance
The purchaser may request (in case of a material defect) subsequent performance (repair or manufacture of a new object). However, we shall be entitled to refuse the type of the selected subsequent performance if it is only possible at unreasonable costs and if the other type of subsequent performance remains without considerable disadvantages for the purchaser. The reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded during the subsequent performance. Rectification shall be considered as fulfilled with the second attempt.
11. Compensation for damages
Damage compensation claims under the following conditions due to the defect can only be asserted by the purchaser if the subsequent performance has failed or if we have refused the subsequent performance.
The purchaser’s right to assert further claims for damages relating to the following conditions shall remain unaffected thereby.
Hörluchs Hearing GmbH & Co. KG shall only be liable for damage arising from causes other than the detriment to life, body and health to the extent that these have been caused by a premeditated act, gross negligence or the culpable violation of an essential contractual obligation on the part of Hörluchs Hearing GmbH & Co. KG or of a vicarious agent of Hörluchs Hearing GmbH & Co. KG. Liability for compensation for damages beyond these terms shall be excluded.
The provisions of the product liability law shall remain unaffected. If an essential contractual obligation is infringed upon for reason of negligence, the liability of Hörluchs Hearing GmbH & Co. KG shall be restricted to predictable damage.
12. Customer’s obligations to cooperate in case of individually adapted hearing protection
If the customer acquires an individually adapted hearing protection, he/she shall
make an appointment with a trading partner
ensure that he/she has his/her voucher with him/her and that the latter is not made accessible to third parties
have an ear impression made at the trading partner’s
collect the hearing protection made on the basis of his/her ear impression from the trading partner, ensuring that an expert functional check is provided there on site by the trading partner
Moreover, the customer is advised to have the hearing protection subjected to expert functional checks on a regular basis at intervals of max. 2 years by a hearing aid acoustician.
13. Place of performance and venue
German law shall apply exclusively with the exclusion of the UN Uniform Law on the International Sale of Goods (CISG). The place of performance for all services resulting from the business relationship with Hörluchs Hearing GmbH & Co. KG shall be Nuremberg.
14. Important warnings
1. Hearing protection may insulate environmental noise effectively and considerably; however, no hearing protection can absorb sound by 100 %. Thus, if the hearing protection is used correctly, disturbing noise reaches the ear in a considerably attenuated fashion, while the sound as heard is less dangerous to the extent of insulation of the hearing protection, if used correctly. We would nevertheless like to point out explicitly that even in case of correct use of the hearing protection, sound is still perceptible, especially if one focuses on it. For the precise degree of insulation in case of correct use of the hearing protection, if fitted fully flush with the ear, the purchaser is referred to our website www.hoerluchs.com.
2. Before using the hearing protection, the purchaser shall inform him/herself about its insulating effect and about the intensity of the sound to be attenuated. If the packaging of the hearing protection does not contain any insulation values, please contact us before utilization. If no insulation values are available or if the purchaser is not sure whether the insulation values of the hearing protection are suitable to provide sufficient protection against the noise to be insulated, the hearing protection must not be used as a protection against noise.
3. The purchaser shall comply with the following instructions:
a) The protective effect of hearing protection depends on individual factors at the date of utilization and is explicitly not warranted. Anatomical conditions may result in deviations even in case of full fit.
b) There may be ear shapes in rare cases which cause problems for anatomical reasons as regards the wearing of hearing protections (e. g. pressure marks or a feeling of pressure due to an especially small auditory canal or pressure sensitivity). For such cases, we cannot accept any warranty or liability.
c) Excessively frequent or inappropriate utilization of hearing protection may result in hypersensitivity.
d) In case hearing protections are used in road traffic, the driver’s continued fitness to drive must be ensured.
15. Application consulting
The purchaser shall observe our application consulting given orally and in writing in view of safe and proper use of our products or, if applicable, obtain information from us. The user of hearing protection is obligated to carefully assess his/her individual acoustic situation and to avoid subjecting his/her hearing to excessive acoustic stress, even with hearing protection. In case of doubt, an independent body (e. g. a medical doctor) must be consulted.
16. Requirement of written form
Covenants, collateral agreements or extra deliveries which are not explicitly stated in our order confirmation as well as modifications or amendments to the contract shall only be valid if made in writing. Our staff are not authorized to give oral covenants or to make oral collateral agreements which exceed the contents of the written contract.
17. Severability clause
Should one or several stipulations of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the other stipulations or the General Terms and Conditions as a whole.
18. Applicable law
The laws of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980 shall not apply.
19. Data protection / security
1. The purchaser authorizes us and agrees to our processing, storing and analyzing the data regarding the purchaser which we have received in conjunction with the business relationship, within the meaning of the Data Protection Act. We shall not disclose the data communicated to us to third parties, unless these third parties are our service partners or vicarious agents and data transfer is necessary for handling the order.
2. For further information on data protection, the purchaser may access www.hoerluchs.com
3. The purchaser of ready-for-use articles (e. g. customized hearing protection products and packaging) authorizes us to use photos and samples of his/her articles for provision of samples and advertising. This use can be objected to in writing at any time.
4. The data required for handling business shall be stored in compliance with the applicable data protection legislation. The order text will not be saved in any other way and cannot be retrieved from us separately once the sale has been completed. You can, however, print your contract data immediately after the end of the operation. If the purchaser specifies an email address in the order, we immediately acknowledge receipt of his/her order electronically; such acknowledgement, however, does not yet lead to the conclusion of a purchase contract.
Storage of contract text:
The contract text is not stored by us.
20. Contact information
Hörluchs Hearing GmbH & Co. KG
Managing Directors: Thomas Meier, Norbert Deinhard
Commercial Register No.: 21071
Amtsgericht Nürnberg (Local Court of Nuremberg)
VAT ID No. DE249159172
Tel.:+49 9151 / 90 886 0
Fax: +49 9151 / 90 886 27
21. Information regarding the German Battery Act
Statement on the German Battery Act
In conjunction with the sale of batteries and accumulators, we as retailers are obligated, pursuant to the German Battery Act (BattG), to point the following out to our customers:
The symbol showing the crossed-out dustbin means that you are not allowed to dispose of batteries and accumulators with domestic refuse. Below this symbol, the following addition symbols appear which have the following meaning:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury
You can return accumulators and batteries to a municipal collection point or to your local retailers.
For further information regarding the German Battery Act, especially the availability of the legal wording as a download, you can visit the website of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).
Standard withdrawal form
If you wish to rescind the contract, please complete this form and send it to:
Hörluchs Hearing GmbH & Co. KG
+49 9151 / 90 886 27
I/We (*) hereby give notice that I / we (*) rescind my/our (*) contract of sale of the following
goods (*) / provision of the following service
Ordered on (*) / received on (*)
Name of consumer (s)
Address of consumer (s)
Signature of consumer (s) (only for communication on paper)
(*) Delete where not applicable.