General terms and conditions of business

(AGB)

General

1. The following terms and conditions apply to all offers, sales contracts, deliveries and services based on orders placed by our customers via www.earismax.com.
2. Our offer is aimed at consumers. Consumers are natural persons who conclude the contract for a purpose that cannot be attributed to a commercial or self-employed professional activity.
3. Contracts are concluded exclusively in German.

conclusion of the contract

1. By placing your order, you are making a binding offer to us to conclude a contract with you.
2. We can accept this offer by sending you an order confirmation by email or by delivering the ordered goods. First, you will receive a confirmation of receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when the goods are dispatched to you or when the ordered goods are delivered.
3. Explanations of our goods on the website or in other sales brochures are to be understood exclusively as descriptions of the quality and not as a guarantee declaration, unless expressly referred to as a "guarantee, quality guarantee or durability guarantee".
4. When ordering via our online shop, the ordering process comprises a total of 4 steps. In the first step, you select the goods you want. In the second step, you enter your customer details, including your billing address and any different delivery address. In the third step, you choose how you would like to pay. In the last step, you have the opportunity to check all the details (e.g. name, address, method of payment, ordered items) again and correct them if necessary before you send your order to us by clicking on "Submit order".

storage of the contract text

1. We save the contract text of your order. You can print it out before sending your order to us by clicking on "Print" in the last step of the order process.
2. We will also send you an order confirmation with all order details and our general terms and conditions to the email address you provided.

retention of title

We reserve title to the goods until the purchase price (including sales tax and shipping costs) has been paid in full.

Prices, shipping costs

1. All prices are final prices and include VAT.
2. Orders within Germany are shipped free of charge for orders over 25 euros. For orders below this value, an additional shipping fee of 4.50 euros will be charged.
3. For deliveries within European countries, shipping costs will be charged separately and amount to 15.00 euros per order.

delivery conditions

1. Ordered goods are usually dispatched within 2 working days of receipt of the order (after receipt of payment if payment is made in advance). If payment is agreed via Paypal™, the goods will be dispatched within the same period of time from the conclusion of the contract.
2. We are entitled to make partial deliveries of products included in an order that can be used separately, whereby we will bear the additional shipping costs incurred as a result.
3. If delivery of the goods is not possible, we will notify you of this in writing. We are not obliged to make multiple delivery attempts. If you do not collect the goods from the collection address specified in our notification within one week of our written notification of non-delivery, we are entitled to withdraw from the contract. Payments made by you will be refunded less the proven logistics costs incurred by us.
4. Unless expressly agreed otherwise, we will determine the appropriate shipping method and the transport company at our own reasonable discretion.

transfer of risk

The risk of accidental deterioration or accidental loss of the goods remains with us until the goods are handed over and is transferred to the consumer upon handover.

payment terms

1. Payment can be made either by invoice, in advance or by payment via the financial service provider Paypal™. We reserve the right to exclude individual payment methods. If you choose to pay in advance, we will give you the bank details in the order confirmation.
2. You have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
3. Furthermore, you can only exercise a right of retention if the claims arise from the same contractual relationship.

liability for material defects

Liability for material defects is governed by statutory provisions. The special provisions of the following Section IX. Limitation of Liability apply to claims for damages.

limitation of liability

1. In the event of a slightly negligent breach of duty, our liability is limited to the foreseeable, average damage typical for the contract. There is no liability for any further financial loss or claims for lost profits. Liability for grossly negligent or intentional conduct, for injury to life, body or health, for cardinal obligations (= essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely on us) as well as claims under the Product Liability Act and based on other mandatory statutory liability provisions remain unaffected.
2. The aforementioned restrictions apply accordingly to our legal representatives, vicarious agents and other employees whom we use to fulfill the contract.

right of return

You can return the goods received, with the exception of silicone ear pads for TV hearing systems, within 14 days by returning the goods without giving any reason.

The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

To meet the deadline, it is sufficient to send the goods or the return request in good time. In any case, the return is at our expense and risk. The return must be sent to:

Humantechnik GmbHIm Wörth 2579576 Weil am RheinGermany

The return shipment is free of charge for you.

Please contact us at: Tel. 49 (0) 7621 956 89 0 or webshop@humantechnik.com

We will then send you a return parcel label (only for goods transport within Germany). We will not accept returns without postage paid!

return consequences

In the event of an effective return, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of deterioration of the item and for uses (e.g. benefits of use) that cannot be returned or can only be returned in part or in a deteriorated condition, you must pay us compensation for the value.

You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality.

“Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store.

Furthermore, you can avoid the obligation to pay compensation by not using the item as if it were your own property and by refraining from doing anything that could impair its value.

Items that can be sent by parcel may only be returned to Humantechnik GmbH after prior consultation.

You will have to bear the cost of returning the goods if you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Items that cannot be sent by parcel will always be collected from you. You must fulfill your obligations to reimburse payments within 14 days of sending your cancellation notice.

data protection

1. When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data within the framework of the statutory provisions.
2. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and operating system of your PC, as well as the pages you view are logged. However, this does not allow us to draw any conclusions about personal data, nor does it intend to do so.
3. The personal data that you provide to us, e.g. when placing an order or by email (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We will only pass on your data to the shipping company commissioned with the delivery if this is necessary for the delivery of the goods. To process payments, we will pass on your payment details to the credit institution commissioned with the payment.
4. We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express consent beforehand. If we use the services of third parties to carry out and process processing, the provisions of the Federal Data Protection Act will be complied with.

duration of storage

Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as commercial and tax retention periods must be observed, the storage period for certain data can be up to 10 years.

your rights

If you no longer agree to the storage of your personal data or if it has become incorrect, we will delete, correct or block your data in accordance with the statutory provisions upon your instruction. Upon request, you will receive information about all personal data that we have stored about you free of charge. If you have any questions about the collection, processing or use of your personal data, or for information, correction, blocking or deletion of data, please contact:

Humantechnik GmbHIm Woerth 25D-79576 Weil am RheinTel.: 49 (0) 7621 956 89 0webshop@humantechnik.com

Links to other websites

Insofar as we refer to or link to third-party websites from our website, we cannot guarantee or accept liability for the accuracy or completeness of the content or the data security of these websites. Since we have no influence on the compliance with data protection regulations by third parties, you should check the respective data protection declarations separately.