General Terms and Conditions Sennheiser Online Shop


1. General, customers


(1)       All business relationships based on orders placed by our customers via our online shop (hereinafter referred to as "online shop") are subject to these General Terms and Conditions in their respective valid version (hereinafter referred to as "GTC").
 
(2)       The products offered in our online shop are aimed equally at consumers and entrepreneurs, but only at end customers (hereinafter referred to as "Customers"). For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 German Civil Code ("BGB")) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who concludes the contract in the exercise of its commercial or independent professional activity (Section 14 (1) BGB). Each customer hereby warrants that he is an end customer and not a reseller and that he is acting in his own name and for his own account. The product range of the online shop is limited to normal 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 validity in individual cases. The General Terms and Conditions shall also apply to future transactions between the contractual partner and us, even if we accept and/or execute the future contract without reservation in the knowledge of conflicting or deviating terms and conditions.
 
(4)       If the customer purchases software as a product, the special conditions for the purchase of software set out in clause 9 shall apply in addition.

 
2. Contractual partner, conclusion of contract

(1)       The contractual partner is
 
Sennheiser electronic SE & Co. KG 
Am Labor 1, 
30900 Wedemark, 
Deutschland
Phone: +49 (0) 5130 600 0
E-Mail: contact@sennheiser.com
Sales tax identification number: DE 115055014 
local court Hannover HRA 120100
 
(2)       The product descriptions in the online shop are not binding offers in a legal sense but are non-binding. The customer can collect the products in a so-called shopping cart using the "Add to cart" button. By selecting the "Pay now" button, the customer makes a binding offer to purchase the relevant product. We are not obliged to accept the offer. The customer guarantees the accuracy and completeness of the information required in the online shop and is obliged to update any changes. The offer can only be submitted and transmitted if the customer accepts these terms and conditions of contract by clicking on the "By clicking the button below you agree to the terms and conditions" checkbox and thereby incorporates them into his offer.          
  
(3)       Immediately upon receipt of the offer, we will send the customer a confirmation of receipt of the offer and typically accept the offer. The purchase contract with the customer only comes into effect upon such acceptance. In the declaration of acceptance or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us ("contract confirmation"). The text of the contract is stored in accordance with data protection regulations.
 
(4)       If no copies of the product selected by the customer are available at the time of the customer's order, we will inform the customer of this in the order confirmation. If the product is permanently unavailable, we will refrain from accepting the customer's offer. In this case, a contract is not concluded.
 
(5)       We reserve the right to make changes to the product with regard to the technical specification, design, range of functions or accessories between order and delivery.
 
(6)       The contract is concluded in English.
 

3. Prices and payment

(1)       Our prices include the statutory value added tax, but do not include any shipping costs that may be incurred. Customs duties and similar charges shall be borne by the customer. 
 
(2)       Only the payment options granted in the online shop are permitted.
 
(3)       The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.


4. Shipping conditions, transfer of risk


(1)       All periods for the dispatch of the goods stated by us in the order or otherwise agreed shall commence (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs, hereinafter "purchase price") or (b) if another method of payment has been agreed, on the day on which the purchase contract is concluded. The day on which we hand over the goods to the carrier shall be decisive for compliance with the delivery 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 shipment date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment 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 send these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. This shall not restrict the customer's statutory rights with regard to timely and proper delivery.
 
(4)       Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the carrier at our reasonable discretion.
 
(5)       We are only responsible for the timely and proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. Any shipping time specified by us (period between handover by us to the carrier and delivery to the customer) is non-binding.
 
(6)       If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance (e.g. because the 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 shall pass to the customer upon delivery of the goods to the carrier if we are responsible for shipment. 
 

5. Retention of title 


(1)       We reserve title to the goods delivered by us until the purchase price for the goods in question has been paid in full. If the customer is an entrepreneur, the retention of title shall also apply until full payment of all present and future claims against the customer.
 
(2)       The customer shall treat the reserved goods with care.
 
(3)       In the event of seizure of the reserved goods by third parties - in particular by bailiffs - the customer shall draw attention to our ownership and inform us immediately so that we can enforce our ownership rights.
 

6. Statutory warranty

(1)       If the delivered goods are defective, the statutory warranty provisions shall apply. The customer may initially demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may, at our discretion, either remedy the defect or deliver goods free of defects.
 
(2)       The warranty period for new products is two years from the transfer of risk, for used products twelve months, unless we are subject to unlimited liability in accordance with clause 7. For entrepreneurs, the warranty period for new and used products is twelve months, unless we are subject to unlimited liability in accordance with clause 7.
 
(3)       The following only applies to entrepreneurs: The customer must 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 notified to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.
 
(4)       Wear-and-tear due to use does not entitle the user to warranty claims.
 
(5)       If defects or damage are due to culpable behaviour or improper handling by the customer or a third party not commissioned by us (e.g. improper installation or use of unsuitable accessories), these are excluded from the warranty.
 
(6)       Any guarantees voluntarily given by us for our products shall apply in addition to any warranty claims. Details of the scope of such a guarantee can be found in the applicable guarantee conditions. These can be accessed at https://www.neumann.com/en-de/warranty/.

7. Liability


(1)       We shall be liable without limitation for intentional or grossly negligent behaviour on our part as well as for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, body or health or in accordance with the German 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 that only become known after the purchase contract has been concluded and information on product recalls are regularly published on our website.

8. Voluntary right of return 

(1)       We offer the customer the opportunity to return the ordered goods within 30 days without giving reasons. The period begins on the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods. Timely shipment of the goods or a request to take them back is sufficient to comply with the deadline. We shall bear the costs of the return if the customer registers the return in the online shop and uses the return label provided by us by e-mail. For goods which cannot be sent as parcel post due to their nature and which are labelled as "bulky goods" on the invoice, the following applies: We will collect the goods from the customer's delivery address. Payments already made will be credited if the return of the goods has been accepted.
 
(2)       The voluntary right of return is subject to the cumulative conditions that
 

the goods are unused,
the goods and packaging are undamaged and
the goods are complete.
Testing or trying out the goods is deemed to be use of the goods.

 
(3)       The voluntary right of return does not apply to Software downloaded online and licence keys sent to the customer by e-mail; Goods that are manufactured according to customer specifications or are clearly customised to the customer's personal requirements; Parts that have already been installed by the customer; Batteries, rechargeable batteries, cables or similar items if their seal or packaging has been opened; Goods sold by the metre, consumables; Items that cannot be returned for reasons of hygiene.

(4)       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 provide the service.
 
(5)       The right of return described above applies to consumers in addition to the statutory right of withdrawal and does not restrict this in any way.  For software purchases, please refer to clause 9.8.
 

9. Special conditions for the purchase of software  

(1)       The software is delivered by way of download. It is available for download free of charge in our online shop. The software can only be used if the customer has previously purchased the corresponding licence key. This will be sent to the customer by e-mail.
 
(2)       We shall provide the customer with updates for the software for a period of 24 months, which are required to maintain the contractual use. The customer can download the updates from our website.
 
(3)       Installation, customisation and implementation of the software as well as consulting or training are not part of the purchase and must be agreed separately. 
 
(4)       Upon full payment of the purchase price, the customer shall receive a simplen non-exclusive right to use the software for an unlimited period of time. The authorised use includes the installation of the software as well as the intended use by the customer.
 
(5)       In the event of a defect, we are initially entitled to subsequent fulfilment. We are free to choose the type of subsequent fulfilment. If necessary, the customer must accept the latest version of the software in the course of subsequent fulfilment, unless this leads to an unreasonable impairment. This shall not result in any extra costs for the customer.
 
(6)       The warranty period shall be 24 months from the date of provision of the licence key. If we violate an obligation to update, the claims shall expire twelve months after the end of the period relevant for the obligation to update. The warranty period for contractors is twelve months. 
 
(7)       There is no voluntary right of return for software purchases.
 
(8)       The statutory right of withdrawal shall expire if we have started to execute the contract after the customer has expressly agreed that we will start to execute the contract before the expiry of the withdrawal period and the customer has confirmed his knowledge that he loses his right of withdrawal by his consent with the start of the execution of the contract. This is regularly the case with the purchase of software and the sending of the licence key by e-mail, so that there is no right of withdrawal with the purchase of licence keys.

 10. Data protection

We may only process and store the data relating to the respective purchase contracts within the framework of the applicable statutory provisions. Details can be found in the data protection declaration available on our website and the additional data protection information for the use of the online shop.

11. Governing law and place of jurisdiction

 (1)       The purchase contract between us and the customer is governed to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusion of international private law provisions. If the customer is a consumer and has his habitual residence in another country, he shall be protected by 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, Germany, shall 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 on the basis of the statutory provisions.
 

12. Final provisions

(1)       The European 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 sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. 
 
(2)       Deviations from and amendments to these GTC require at least text form.
 
(3)       The GTC apply in the version currently valid at the time the contract is concluded. The current version of the GTC is available here.
 
(4)       Should individual provisions of these GTC - for whatever reason - not apply, this shall not affect the validity of the remaining provisions.