§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us via our online shop,
MySecondEar UG (limited liability),
Mühlenstraße 8A, 14167 Berlin
Managing Directors: Niklas Spichalsky, Julian Alexander Stechert
District Court Berlin-Charlottenburg, registration number: HRB 213510 B
Phone number: 030 81474953
E-mail address: firstname.lastname@example.org
and you as our customer. The GTC applies regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms of sale, our written order confirmation and our declaration of acceptance.
(3) The applicable version of the GTC at the time of conclusion of the contract is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
(5) The customer is a consumer within the meaning of § 13 BGB, according to which a consumer is a natural person who concludes a legal transaction for purposes which predominantly cannot be attributed to his commercial or independent professional activity. The seller is an entrepreneur within the meaning of § 14 BGB, according to which he is a natural or legal person or a legal partnership acting in the performance of his commercial or independent professional activity when a legal transaction is concluded.
§ 2 Conclusion of contract
(1) The presentation and application of articles in our online shop do not constitute a binding offer to conclude a purchase contract. The customer can add all items to the virtual shopping cart during the shopping process by clicking "to the shopping cart" after opening the hearing aid or accessories. The shopping cart can be adjusted at any time with the addition or removal of items. To get to the checkout, click on the shopping cart at the top right and then click on the orange button "Checkout" one more time.
(2) By sending an order via the online shop by clicking the button "Pay now" you place a legally binding order. They are bound to the order for the duration of two (2) weeks after placing the order; Your right to withdraw your order under § 3 remains unaffected by this.
(3) We will immediately confirm the access of your order made via our online shop by e-mail. In such an e-mail there is no binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of the access at the same time.
(4) A contract shall only be concluded if we accept your order by means of a declaration of acceptance or by the delivery of the ordered items.
(5) Should the delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and will immediately refund any consideration already received. Besides, we reserve the right to make mistakes.
(6) You will be informed about possible delivery conditions and possible delivery restrictions. If you have any questions, please feel free to contact us by e-mail email@example.com contact us.
§ 3 Right of withdrawal
(1) If you are a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with clause 1, you shall bear the regular costs of the return shipment.
(3) Otherwise, the provisions set out in detail in the following shall apply to the right of withdrawal:
(4) The right of withdrawal does not apply to distance contracts
(a) for the supply of goods which have been manufactured in accordance with customer specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for or can quickly spoil a return or whose expiry date would be exceeded;
(b) for the supply of audio or video recordings or software, provided that you have unsealed the supplied media.
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us [enter the name of the entrepreneur, address and, where available, telephone number, fax number and e-mail address] by means of a clear declaration (e.g. a letter, fax or e-mail sent by mail) of your decision to withdraw this contract. You can use the attached sample withdrawal form, but it is not mandatory. You can also fill in and transmit the sample withdrawal form or any other unambiguous declaration electronically on our website (insert internet address). If you make use of this option, we will immediately (eg by e-mail) send you a confirmation of receipt of such a withdrawal.
In order to observe the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will have you receive all payments we received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us)to repay immediately and no later than fourteen days from the date on which we received notice of your withdrawal of this contract. For this refund, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the date on which you inform us of the withdrawal of this contract to us or to us (here, if necessary, the name and address of the person authorized by you to receive the goods). The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for checking the nature, characteristics and functioning of the goods.
§ 4 Delivery conditions and reservation of advance payment
(1) We are entitled to partial deliveries, insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It shall begin with the conclusion of the contract, subject to the provisions of paragraph 3.
(3) Should payment be made in the form of advance payment at the time of the order, the conclusion of the contract shall be effected by the sole provision of the customer's bank details and the seller's request for payment. Should payment not be served after due date and further payment reminder, the MySecondEar UG shall withdraw from the contract as a consequence of the non-payment. Consequently, the order is also not delivered and left to the customer for use.
(4) If the goods are in delivery and due to the fault of the customer cannot be delivered even after triple delivery attempt, MySecondEar UG may withdraw from the contract and deduct expenses incurred for the shipment in the refund for the customer.
§ 5 Transmission of a hearing test as a prerequisite for delivery
(1) In order to supply you with hearing aids tailored to your requirements, we need the transmission of a hearing test (so-called sound audiogram). If you have not received this test within 21 days of the order confirmation, the MySecondEar UG will withdraw from the contract. This means that the order is not delivered and left to the customer for use. If the purchase price has already been paid by the customer, it will be refunded.
(2) The hearing aids from MySecondEar UG are individually preset to the customer on the basis of the hearing test you send. Should hyperacusis or recruitment be hypersensitive, the customer shall notify the seller prior to dispatch of the hearing aid.
§ 6 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory VAT and are plus shipping costs incurred.
(2) The shipping costs are indicated in our prices in our online shop. The price including VAT and shipping costs will also be displayed in the order mask before you submit the order.
(3) If we fulfill your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made on your request, we charge shipping costs for each partial delivery.
(4) If you effectively revoke your contract declaration in accordance with § 3, you can demand the reimbursement of costs already paid for the shipment to you (delivery costs) under the statutory conditions (see for other cancellation consequences § 3 para. 3).
§ 7 Terms of payment and set-off and right of retention
(1) The purchase price payment is made by one-time payment. The prices for hearing systems and accessories can be found on the website and in the check-out process. If you wish to make your payment in instalments, please contact firstname.lastname@example.org In the case of third-party providers who have been commissioned to process payments, the General Terms and Conditions of these providers apply accordingly.
(2) You can choose the purchase price and shipping costs according to your choice on our payment transactions indicated in the online shop. For this purpose, we have a statement on our website available at: https://www.mysecondear.de/pages/zahlungsmethoden-mse. In the case of a debit authorization issued or payment by Klarna, American Express, Apple Pay, Google Pay, PayPal, Shop Pay, EC-/Maestro or credit card, we will arrange the debit of your account at the earliest at the time specified in para. 1. An authorization to collect is also valid for further orders until revocation. Should you fail the due date according to para. 1, you are in default according to § 286 BGB and must pay the seller the statutory default interest.
(3) You are not entitled to set off against our claims, unless your counterclaims are legally established or undisputed. You are also entitled to set off against our claims if you assert defects or counterclaims from the same purchase contract.
(4) As a buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.
§ 8 Retention of title
The delivered goods remain in our property in accordance with § § 449 BGB until full payment of the purchase price.
§ 9 Rights to benefit from defects
(1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular § § 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain articles or manufacturer's guarantees granted by the producers of certain articles shall, in addition to the claims for defects of property or rights within the meaning of paragraph 1. Details of the scope of such guarantees shall be derived from the warranty conditions which may be attached to the articles.
(3) If there are noticeable defects upon receipt of the goods, the customer must notify them immediately after examination. Defects that are not reported in good time are deemed to be approved and the goods are considered defect-free. If no material deficiency appears within six months at the latest since the transfer of risk, it is assumed that the matter was defective at the transfer of risk (reverse from § 477 BGB).
(4) Defects must be reported in writing according to the text form of § 126b BGB.
(5) The buyer may demand between the removal of the defect or the delivery of a defect-free item (§ 439 para. 1 BGB). In the event of subsequent delivery, the buyer is obliged to return the defective item (§ 439 para. 4 BGB in conjunction with § 346 para. 1 BGB). The seller shall bear the necessary expenses for subsequent performance (§ 439 para. 2 BGB).
§ 10 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation of futile expenses. The liability also applies if not the managing directors themselves, but employees and vicarious agents of the seller acted on behalf of the managing directors.
(2) In other cases, we shall only be liable - insofar as not otherwise regulated in paragraph 3 - in the event of breach of a contractual obligation, the fulfilment of which enables the proper performance of the contract in the first place and upon which you as a customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damages. In all other cases, our liability is excluded subject to the regulation in para. 3.
In particular, we are not liable for cases arising from incorrectly transmitted hearing test or caused by the customer himself, for example by omitting important information on hypersensitivity.
(3) Our liability for damage resulting from injury to life, body or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 11 Copyrights
All images shown on this website are royalty-free images. We are entitled to store, process and use for commercial and non-commercial purposes.
§ 12 Data protection
Upon conclusion of the contract, the customer must agree to the data protection declaration separately. For more information on data protection, see: https://www.mysecondear.de/pages/cookies-privacy.
- 13 Notes on hearing systems
(1) The hearing aids offered by MySecondear are preset before delivery to the customer by the hearing practitioner of MySecondEar UG. If the hearing aid is incorrectly set due to a faulty transmitted hearing test, the MySecondEar UG assumes no liability.
(2) The MySecondEar UG offers consultation dates with the hearing practitioner for the purpose of setting the hearing aids according to appointment. These dates then take place by phone or via video chat. The setting of the hearing aids is carried out during the appointment by remote maintenance. From the date of purchase of the hearing aids, three subsequent settings of the hearing system via remote maintenance are included in the purchase price over a period of six years. After the service expires, additional adjustments are subject to a fee from the buyer and amount to EUR 29 per service.
The consultancy dates offered by MySecondEar UG involve a great deal of effort. Should the customer not be able to observe the agreed date, he must cancel at least 24 hours in advance. If cancellations are less than 24 hours per appointment, the appointment is deemed to be missed and expires from the quota of the three hearing aid readjustments. Should the customer fail four consecutive appointments, he must pay the full price of EUR 29 for the consultation dates. In the event of failure for reasons which could not be demonstrably prevented by the customer, we show goodwill and meet this.
(3) Our digitally remotely adaptable hearing systems are unsuitable in the event of high hearing loss of the customer. A qualified MySecondEar employee assesses hearing loss. In the case of moderate to high-grade hearing loss, the first adjustment and impression of the ears takes place via a partner acoustic specialist.
(4) The MySecondEar UG offers the customer to test one or two hearing aids of his choice up to 30 days without obligation. The test period begins from the receipt of the hearing system (s). The delivery date of the logistics service provider is considered to be the date of delivery of the devices to the customer. The testing of the hearing systems is a free transfer of hearing system. Prices can be found on the MySecondEar website. Should the customer decide to use a MySecondEar hearing aid during the test phase, the amount for the previous testing of the hearing aids will be deducted from the purchase price when the device is purchased. If no purchase occurs after testing, the tested items must be returned to MySecondEar UG within the period of 31 days, a fee of EUR 6,35 per missed day will be payable to MySecondEar UG from the second day of overdue payment.
(5) In case of hearing system failure, the customer can contact MySecondEar UG support. The MySecondEar sends a replacement hearing aid to the customer in the event of a detected defect. After receiving the replacement hearing aid, the customer sends the defective hearing aid back to the seller, the MysecondEar UG. Once the repair of the old hearing aid has been successfully completed, the hearing systems are replaced. Upon completion of the repair, the customer shall be obliged to return the replacement hearing aid of MySecondEar UG immediately upon receipt of the repaired hearing aid.
(6) If the hearing aid or components of the hearing system package and other articles are lost from the MySecondEar UG Shop, the warranty claims of § 9 of the GTC shall apply accordingly.
§ 14 Instructions for the disposal of batteries according to BattG
(1) A battery according to the Battery Act (BattG) is a consumable within the meaning of § 92 para. 1 BGB, because its intended use consists in consumption.
(2) Batteries and batteries are not to be disposed of in household waste. According to § 11 para. 1 S.1 BattG, owners of waste batteries have to enter them separately from the unsorted municipal waste. Waste equipment batteries shall be recorded exclusively through collection points connected to the common collection system or a manufacturer's own collection system.
(3) You can either return the batteries to us or return them free of charge in the trade. We are limited to batteries and rechargeable batteries that we run or have managed in our own assortment.
(4) The indicators such as the crossed garbage can on garbage bins mean that these batteries must not be disposed of in household garbage. The same applies to symbols like Pb (battery contains lead), Cd (battery contains cadmium), Hg (battery contains mercury).
§ 15 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Law (CISG). If you place the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legislation of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller, Berlin. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an online dispute resolution platform. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: Http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.