General Terms and Conditions
Overview
§ 1 Area of application and provider
§ 2 Formation of contract
§ 3 Prices
§ 4 Payment conditions; default
§ 5 Off-set; Withholding
§ 6 Delivery; Title retention
§ 7 Cancellation policy
§ 8 Damages in transit
§ 9 Defects liability
§10 Guarantee declaration for sold Mr. Hear hearing aids
§ 11 Liability
§ 12 Alternative dispute resolution
§ 13 Final clauses
§ 1 Area of application and provider
(1) These general terms and conditions apply to all orders made at
Mr. Hear UG (haftungsbeschränkt)
Brüderstr. 44
13595 Berlin
Directors: José Manuel Reyes Höpper
(2) The offer provided by our Online-Shop is solely directed at buyers who are at least 18 years old.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed upon again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby already objected to.
(4) Contract language shall be German.
§ 2 Formation of contract
(1) The presentation of goods in the online store does not constitute a binding offer directed at the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking on the button "commit to buy" you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (order confirmation). This order confirmation does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of your order.
(4) A purchase contract concerning the ordered goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without prior explicit declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. Your offer can only be accepted by us up to the point in time in which you can expect the receipt of an answer under regular circumstances (§ 147 II BGB). Exception: in the case of payment made in advance and via PayPal, your order is immediately accepted.
§ 3 Prices
The prices listed on the product pages include the statutory value added tax and other price components excluding the respective shipping costs. For more information on shipping costs, please visit our website in the FAQ.
§ 4 Payment conditions; default
(1) Payments can be made by the following payment methods:
Invoice,
Prepayment,
Cash on delivery,
Credit card,
PayPal
Debit
(2) We reserve the right to select the respective available payment methods. In particular, we reserve the right to offer you only limited selected payment methods for payment, for example, only prepayment to hedge our credit risk.
(3) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) In case of payment by cash on delivery, an additional fee in the amount of [X] EUR will be due, which will be charged by the deliverer on site. Further costs and taxes do not apply.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will be carried out at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be a registered accountholder or register first, verify yourself with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. Afterwards, the payment transaction will be carried out automatically by PayPal immediately.
(7) When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank account information provided by you.
§ 5 Off-set; Withholding
(1) You shall only have a right to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or if it stands in a close synallagmatic relation to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Title retention
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price has been received.
(3) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the limited availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur as stated in § 14 BGB, the following additional provisions apply:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We pledge to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is reserved to us.
§ 7 Revocation
In the event that you are a consumer according to § 13 BGB, i.e. make the purchase for purposes that can be attributed predominantly neither to your commercial nor your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke 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, has received or taken possession of the goods.
In order to exercise your right of revocation you must notify us
Mr. Hear UG (haftungsbeschränkt)
Brüderstr. 44, 13595 Berlin
info@mr-hear.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period
Consequences of a revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of the reimbursement.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us [or to the name and address of a person authorized by you to receive the goods, if applicable] without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample revocation form
to
Mr. Hear UG (haftungsbeschränkt), Brüderstr. 44, 13595 Berlin
E-Mail: info@mr-hear.com
Hereby I/we (*) revoke the by I/us (*) concluded sales contract regarding the following goods (*):
Ordered on (*)/received on (*)
Consumer name:
Address:
Signature (only in case of paper form)
Date
(*) rule out where necessary
End of revocation
The right of revocation does not apply to the delivery of
- goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),
- sealed goods that are not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery,
- of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- of newspapers, journals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(3) Before returning the goods, please call us at +49 30 8379 6969 to announce the return. In this way you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Damages in transit
(1) If goods are delivered to you with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Defects liability
(Unless expressly agreed otherwise, your warranty claims correspond to the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer according to § 13 BGB, the liability period for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
(4) If you are an entrepreneur according to § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for determining the standard of quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from the moment of delivery of the goods.
§10 Guarantee declaration for sold Mr. Hear hearing aids
All hearing aids sold by Mr. Hear are tested before delivery with regard to material, quality, design and functionality. Mr. Hear grants a degressive guarantee on the serviceability and durability of the hearing aids under normal use for a total of 2 years. During these six years, Mr. Hear grants an internal full guarantee on the hearing aids with regard to material and manufacturing defects.
Excluded from the guarantee are defects which have arisen due to incorrect use, inadequate care or natural wear and tear. Liability for consequential damage is also excluded. Mr. Hear shall remedy damage within the warranty period by repair, replacement or comparable replacement. The warranty period is neither interrupted by warranty services on the part of Mr. Hear nor does it begin anew with the completion of the warranty service. The warranty for external speakers is limited to one year. The warranty claim is valid from the date of purchase or the date of delivery from the factory. In the event of a claim under the warranty, the end customer must contact Mr. Hear.
For warranty processing, the corresponding proof of purchase (invoice or order confirmation) must be sent to Mr. Hear.
General provisions
Excluded from the guarantee are defects which are due to incorrect use, inadequate care or natural wear and tear; consequences of improper handling and use, transport damage or other damage, soiling etc. as well as consequential damage are also excluded from liability.
The warranty shall expire if the customer or third parties carry out repairs or modifications to the object under warranty without the written consent of Mr. Hear.
The end customer shall have no further claims against Mr. Hear under this warranty.
§ 11 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 12 Alternative dispute resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We will strive to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and do not offer them.
§ 13 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law: The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention") are expressly excluded from applying to the contract. Mandatory consumer law provisions of the country in which you usually reside shall remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts concluded between us and you.
Last update: May 2021
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin,
Tel. (0049 30) 28 30 57 40, Fax (0049 30) 28 30 57 4
Tel. (0049 30) 28 30 57 40, Fax (0049 30) 28 30 57 4
Elektronikgerätegesetz (ElektroG)
Wichtige Informationen zur Entsorgung von Elektro- und Elektronikgeräten für private Haushalte gemäß dem Elektro- und Elektronikgerätegesetz (ElektroG):
1. Getrennte Entsorgung von Altgeräten
Als Altgeräte gelten Elektro- und Elektronikgeräte, die nicht mehr genutzt werden und entsorgt werden müssen. Bitte beachten Sie, dass Altgeräte nicht in den Hausmüll gehören. Stattdessen müssen sie separat erfasst werden. Es gibt spezielle Sammel- und Rückgabesysteme für Altgeräte, die Sie nutzen sollten.
2. Batterien und Akkus
Falls Altgeräte Batterien oder Akkus enthalten, trennen Sie diese vor der Entsorgung bitte vom Gerät. Altbatterien und Altakkumulatoren sollten Sie in der Regel getrennt von den Altgeräten abgeben. Es gibt dafür spezielle Sammelstellen. Beachten Sie jedoch, dass bei Abgabe der Altgeräte bei öffentlich-rechtlichen Entsorgungsträgern die Batterien und Akkus häufig dort separat entnommen werden.
3. Rückgabemöglichkeiten für Altgeräte
Besitzer von Altgeräten aus privaten Haushalten haben die Möglichkeit, diese bei den Sammelstellen der öffentlich-rechtlichen Entsorgungsträger oder bei den von Herstellern oder Vertreibern im Sinne des ElektroG eingerichteten Rücknahmestellen abzugeben. Für eine einfache Übersicht der Sammel- und Rücknahmestellen können Sie das Onlineverzeichnis unter folgendem Link nutzen: https://www.ear-system.de/ear-verzeichnis/hersteller#no-back
4. Datenschutz-Hinweis
Altgeräte können personenbezogene Daten enthalten, insbesondere bei Geräten der Informations- und Telekommunikationstechnik wie Computer oder Smartphones. Zum Schutz Ihrer Daten sollten Sie vor der Entsorgung die Löschung dieser Daten eigenständig durchführen.
5. Bedeutung des Symbols "durchgestrichene Mülltonne"
Das Symbol einer durchgestrichenen Mülltonne auf Elektro- und Elektronikgeräten weist darauf hin, dass diese Geräte am Ende ihrer Lebensdauer separat vom unsortierten Siedlungsabfall erfasst werden müssen.
Wir hoffen, dass Ihnen diese Informationen dabei helfen, Elektro- und Elektronikgeräte ordnungsgemäß zu entsorgen. Für detailliertere Fragen oder weitere Informationen empfehlen wir Ihnen, sich an die zuständigen öffentlich-rechtlichen Entsorgungsträger oder die Hersteller/Vertreiber zu wenden.
Bitte beachten Sie, dass diese Informationen als allgemeine Orientierung dienen und keine rechtliche Beratung ersetzen.