Privacy policy of Humantechnik GmbH

The protection of privacy is of crucial importance for the future of Internet-based business models and for the development of an Internet-based economy. Humantechnik GmbH would like to emphasize its commitment to the protection of privacy with this data protection declaration. Below you will find out how Humantechnik GmbH handles personal data on this website.

This privacy policy applies to this and all other websites that refer to this privacy policy. Under certain circumstances, other data protection provisions may apply to individual companies of Humantechnik GmbH. We therefore ask you to read the data protection declarations of all Humantechnik GmbH websites you visit carefully.

Global data protection standards

Our handling of personal data is based on global principles and standards with regard to transparency in the use of personal data, the observance and granting of rights of choice, access regulations, rules on data integrity, data security, data transfer and monitoring the lawfulness of processing. Humantechnik GmbH complies in particular with the EU General Data Protection Regulation (EU GDPR) and the national Federal Data Protection Act.

Consent

By using this website, you consent to the storage and use of your data as described below. Changes to this privacy policy will always be posted on this page so that you are always informed about what data Humantechnik GmbH stores and how it is used.

Where required by applicable data protection law, we will also expressly request your consent for the further processing of the personal data collected on this website or provided by you.

Personal data

Personal data is individual information about the personal or factual circumstances of an identified or identifiable natural person. This includes information such as your real name, your address, your telephone number and your date of birth. Information that is not directly associated with your real identity — such as favorite websites or the number of users of a site — is not personal data.

Collection and processing of personal data

Humantechnik GmbH would like to better understand your wishes and interests and offer you the best possible service. Therefore, Humantechnik GmbH collects and uses personal information in the manner described below and in accordance with applicable data protection law.

When you visit our website, our web servers temporarily store the connection data of the requesting computer for the purpose of system security and use cookies and other Internet technologies (hereinafter referred to as "automated tools" and "integrated web links"), which can be used to obtain general information about visitors to our website and their interests. Below we explain which technologies are used and what kind of information is collected.

We also collect and process data that you provide to us voluntarily, for example when you register for events, subscribe to newsletters, take part in online surveys, join discussion groups or forums or make purchases.

What data do we collect and why?

With the help of the data collected, Humantechnik GmbH would like to offer you consistent personal support. Humantechnik GmbH uses your data exclusively as described in this declaration or at the time of collection. Any subsequent change in the purpose of use is subject to your express consent, unless the change is otherwise legitimized by applicable legal provisions.

We process your data for the following purposes, among others:

IP addresses

IP addresses are used to analyze malfunctions, to administer the website and to obtain demographic information. We also use IP addresses and any other information you have provided to us on this website to find out which pages of our website are accessed and which topics interest our visitors. We use the knowledge gained to provide you with optimized information about our products. Humantechnik GmbH only collects such data in anonymized form and will not link it to a registered user's profile without their consent. When you visit our website, only the domain name is recorded by default.

Humantechnik GmbH only collects data in connection with your visit to our website. We do not collect any personal data in connection with your visits to the websites of other companies or organizations that do not belong to Humantechnik GmbH.

Cookies

Cookies are used to display personalized content, to save you from having to repeatedly enter your password, to be able to allocate your orders and also to adapt the information offered to your user behaviour.

It is also possible to use our services without cookies.

You can deactivate the storage of cookies in your browser, restrict them to certain websites or set your browser so that it notifies you as soon as a cookie is sent. You can also delete cookies from the hard disk of your PC at any time (folder: "Cookies"). Please note, however, that in this case you will have to reckon with a restricted display of the site and limited user guidance.

E-mail addresses

If you provide your e-mail address, we will only contact you by e-mail. We will not pass on your e-mail address to third parties outside Humantechnik GmbH. You can opt out of receiving emails from Humantechnik GmbH at any time.

Depending on the settings of your e-mail program, information may be automatically transmitted to Humantechnik GmbH when you send an e-mail to Humantechnik GmbH.

Disclosure of personal data

As a globally operating company, Humantechnik GmbH has a global Internet presence. Information that you enter on one of our websites can therefore be transmitted to a server in this or another country. Your privacy is protected worldwide, as we subject all our websites to the data protection guidelines described here.

We process your data within Humantechnik GmbH worldwide in order to process your inquiries and orders and to further improve our services and products.

If necessary, Humantechnik GmbH will also pass on information to business partners, service providers, third parties or subcontractors. This may be necessary in order to provide a service requested by you, such as order processing, for customer service purposes or to inform you about services or products.

When passing on personal data to third parties, we restrict ourselves to the information that is necessary for the provision of the respective services. The respective third-party provider may only use this personal data to provide the requested service.

Your personal data will not be passed on, sold or otherwise made available to third parties for marketing purposes without your prior consent.

Humantechnik GmbH may be forced to disclose your data and related information by court or official order. We also reserve the right to use your data to assert or defend against legal claims.

In the event of a takeover or merger with another company, it may be necessary to disclose or pass on personal data to potential or actual buyers. In such a case, Humantechnik GmbH will endeavor to protect the data to the greatest possible extent.

In accordance with applicable law, we reserve the right to store and disclose personal and other data to detect and combat illegal activities and attempted fraud or a violation of the Humantechnik GmbH Terms of Use.

Security of personal data

Humantechnik GmbH takes all necessary technical and organizational security measures to protect your personal data from loss and misuse. For example, your data is stored in a secure operating environment that is not accessible to the public. In certain cases, your personal data is encrypted during transmission using Secure Socket Layer (SSL) technology. This means that communication between your computer and the Humantechnik GmbH servers takes place using a recognized encryption method if your browser supports SSL.

Should you wish to contact Humantechnik GmbH by e-mail, we would like to point out that the confidentiality of the information transmitted is not guaranteed. The content of e-mails can be viewed by third parties. We therefore recommend that you only send us confidential information by post.

We also oblige each of our employees to maintain data protection and confidentiality in accordance with the GDPR.

Use of PayPal as a payment method

If you decide to pay with the online payment service provider PayPal as part of your order process, your contact details will be transmitted to PayPal as part of the order triggered in this way. PayPal is an offer from PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal assumes the function of an online payment service provider as well as a trustee and offers buyer protection services.

The personal data transmitted to PayPal is usually first name, last name, address, telephone number, IP address, e-mail address, or other data required for order processing, as well as data related to the order, such as number of items, item number, invoice amount and taxes as a percentage, billing information, etc.

This transmission is necessary to process your order with the payment method you have selected, in particular to confirm your identity, to administer your payment and the customer relationship.

Please note, however, that PayPal may also pass on personal data to service providers, subcontractors or other affiliated companies if this is necessary to fulfill the contractual obligations arising from your order or if the personal data is to be processed on behalf of PayPal.

Depending on the payment method selected via PayPal, e.g. invoice or direct debit, the personal data transmitted to PayPal will be transmitted by PayPal to credit agencies. This transmission is used to check your identity and creditworthiness in relation to the order you have placed. To find out which credit agencies are involved and which data is generally collected, processed, stored and passed on by PayPal, please refer to PayPal's privacy policy at

https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Links to other websites

Our website may contain links to the websites of third parties. Humantechnik GmbH is not responsible for the data protection precautions or the content of websites outside Humantechnik GmbH.

Data management

Humantechnik GmbH retains personal data only for as long as required by the purpose or legal provisions for which it was collected.

Right of access and rectification

You have the right to check and correct all personal data stored by us if you believe it is out of date or incorrect. All you need to do is send an e-mail to the e-mail address below.

Right of revocation

You are entitled to revoke your consent to the use of personal data at any time with effect for the future. All you need to do is send an e-mail to the e-mail address below.

Information about personal data

If you have any questions about this privacy policy or would like to know what data we have stored about you, please contact our data protection officer:
Humantechnik GmbH
Herrn Martin Grübnau
Im Wörth 25
79576 Weil am Rhein / Germany
E-Mail: datenschutzbeauftragter@humantechnik.com

Changes to this privacy policy

Due to current circumstances, such as a change in the relevant data protection regulations, we will (if necessary) update this privacy policy.

Status of the declaration: 18. Mai 2018

We will be happy to answer any further questions you may have:
Send us an e-mail: webshop@humantechnik.com, call us: +49 (0) 76 21 / 9 56 89 - 0 or send us your questions and suggestions by fax: +49 (0) 76 21 / 9 56 89 - 70.

General Terms and Conditions (GTC)

General information

  1. The following terms and conditions apply to all offers, purchase 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 independent professional activity.
  3. Contracts are concluded exclusively in German.

Formation of the contract

  1. With your order, you submit a binding offer to us to conclude a contract with you.
  2. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. You will first receive a confirmation of receipt of your order by e-mail to the e-mail address you have 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. Unless expressly described as a "guarantee, guarantee of quality or guarantee of durability", explanations of our goods on the website or in other sales brochures are to be understood exclusively as descriptions of quality and not as a guarantee declaration.
  4. When ordering via our online store, the ordering process comprises a total of 4 steps. In the first step, you select the desired goods. In the second step, you enter your customer details including billing address and, if applicable, a 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, payment method, items ordered) once again and correct them if necessary before you send us your order by clicking on "Send order".

Storage of the contract text

  1. We save the contract text of your order. You can print this 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 e-mail address you have provided.

Retention of title

We reserve title to the goods until the purchase price (including VAT 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 free of shipping costs for orders over 25 euros. For orders below this amount, an additional shipping fee of 4.50 euros will be charged
  3. For deliveries within other European countries, shipping costs are charged separately and amount to 15.00 euros per order.

Terms of delivery

  1. Ordered goods are usually dispatched within 2 working days of receipt of the order at the latest (after receipt of payment in the case of "advance payment"). If payment by Paypal™ has been agreed, the goods will be dispatched within the same period from conclusion of the contract.
  2. We are entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.
  3. If delivery of the goods is not possible, we will notify you in writing. We are not obliged to make several delivery attempts. If you do not collect the goods from the collection address specified by us in the notification within one week of our written notification that the goods cannot be delivered, we shall be entitled to withdraw from the contract. Payments made by you will be reimbursed less the logistics costs incurred and proven by us.
  4. Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transportation company at our own reasonable discretion.

Transfer of risk

The risk of accidental deterioration or accidental loss of the goods shall remain with us until the goods are handed over and shall pass to the consumer upon handover.

Terms of payment

  1. Payment can be made either by invoice, by prepayment 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 provide you with 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. Otherwise, you may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

Liability for material defects

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

Limitation of liability

  1. In the event of a slightly negligent breach of duty, our liability shall be limited to the foreseeable average damage typical of the contract. We shall not be liable for any further financial losses or claims for loss of profit. Liability for grossly negligent or intentional behavior, for injury to life, body or health, for cardinal obligations (= essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance by us you may regularly rely) as well as claims under the Product Liability Act and other mandatory statutory liability remain unaffected.
  2. The aforementioned restrictions apply accordingly to our legal representatives, vicarious agents and other employees whom we use to fulfill the contract.

Data protection

  1. When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data in accordance with 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 and the pages you view are logged. However, this does not allow us to draw any conclusions about personal data and is not intended to do so.
  3. The personal data that you provide to us, e.g. when placing an order or by e-mail (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you have provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data 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 prior consent. Insofar as we use the services of third parties to carry out and handle processing procedures, the provisions of the Federal Data Protection Act are complied with.

Duration of storage

Personal data provided to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. If retention periods under commercial and tax law must be observed, certain data may be stored for 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 arrange for your data to be deleted, corrected or blocked in accordance with the statutory provisions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:


Humantechnik GmbH
Im Woerth 25
D-79576 Weil am Rhein
Tel.: +49 (0) 7621 956 89 0
webshop@humantechnik.com

Links to other websites

Insofar as we refer or link to the websites of third parties from our website, we cannot assume any guarantee or liability for the accuracy or completeness of the content and data security of these websites. As we have no influence on compliance with data protection regulations by third parties, you should check the data protection declarations offered in each case separately.

Cancellation policy

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to you before the deadline - also by returning the goods.

The period begins after receipt of this instruction in text form - 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 under Article 246 § 2 in conjunction with. § 1 paragraph 1 and 2 EGBGB as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB).

The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.

The revocation is to be sent to:
Humantechnik GmbH
Im Woerth 25
79576 Weil am Rhein
Germany
Tel. +49 (0) 7621 956 89 0
Fax: +49 (0) 7621 956 90 70
webshop@humantechnik.com

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received as well as benefits (e.g. benefits of use), or if you are only able to return or surrender them in part or in a deteriorated condition, you must compensate us 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. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Please contact us and we will send you a return parcel label. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days.

The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

End of the withdrawal policy

Cost sharing agreement

If you make use of your statutory right of withdrawal in section XI.) above, you must bear the regular costs of returning the goods if you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. In all other cases, the return shipment is free of charge for you.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to distance selling contracts

Applicable law

  1. German law shall apply exclusively. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
  2. The contract language is German.
  3. If our customer is an entrepreneur, the place of performance and jurisdiction for all deliveries shall be our registered office.

Right of return

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

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 under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

Timely dispatch of the goods or the request for return shall be sufficient to meet the deadline. In any case, the return shipment shall be at our expense and risk. The return shipment must be sent to:

Humantechnik GmbH
Im Wörth 25
79576 Weil am Rhein
Germany

The return shipment is free of charge for you.

Please get in touch with us at:
Tel. +49 (0) 7621 956 89 0
oder
webshop@humantechnik.com

We will then send you a return parcel label (only for shipments within Germany). Unpaid returns will not be accepted!

Consequences of return

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 benefits (e.g. benefits of use) that cannot be returned or can only be returned in part or in a deteriorated condition, you must compensate us 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.

Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example.

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

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

You have to bear the costs of the return shipment if you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Items that cannot be sent by parcel post will be collected from you in any case. You must fulfill obligations to reimburse payments within 14 days of sending your declaration of revocation.