Scope

These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store at www.mysecondear.com between us, the

MySecondEar Audiology Group GmbH

Regensburger Straße 5, 10777 Berlin

Managing directors: Niklas Spichalsky, Julian Alexander Stechert

Local court Berlin-Charlottenburg, registration number: HRB 213510 B

Phone number: +49 30 3080 6040

Email address: service@mysecondear.com

and you as our customer.

All agreements made between you and us in connection with the purchase contract arise in particular from these terms and conditions of sale, our declaration of acceptance.
The version of these terms and conditions valid at the time of the conclusion of the contract shall prevail.
We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.

Contract conclusion

The presentation and advertising of items in our online store do not constitute a binding offer to conclude a purchase contract. You can add all items to the virtual shopping cart during the shopping process by clicking "add to cart" after calling up the hearing aid or accessories. The shopping cart can be adjusted at any time with the addition or removal of items. To proceed to checkout, click on the shopping cart and then click on the "Checkout" button.
By submitting an order via the online store by clicking the button "Pay now", you place a legally binding order. We will confirm the receipt of your order placed via our online store by e-mail. In such an e-mail is not yet a binding acceptance of the order, unless in addition to the confirmation of receipt at the same time the acceptance is declared.
A contract is only concluded when we accept your order by our declaration of acceptance or by delivery of the ordered items.
If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any consideration already received without delay.
You will be informed about possible delivery conditions and possible delivery restrictions. If there should be any queries on your part, you are welcome to contact us by e-mail to service@mysecondear.com.

Cancellation policy

If you are a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, MySecondEar Audiology Group GmbH, Regensburger Straße 5, 10777 Berlin, phone: +49 30 3080 6040, e-mail: service@mysecondear.com by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the model cancellation form or another clear declaration electronically on our website (www.mysecondear.com). If you make use of this option, we will send you (e.g. by e-mail) a confirmation of receipt of such revocation.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we must refund 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 cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 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 have returned the goods to us.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You must pay for any loss in value of the goods only if this loss in value is due to handling by you that is not necessary for testing the condition, properties and functioning of the goods.

30 days money back guarantee

MySecondEar Audiology Group GmbH offers you a 30-day money-back guarantee in addition to the legally existing right of withdrawal. Accordingly, you have 30 days to test the goods at home in peace. The test period begins with the receipt of the goods. Here, the delivery date of the logistics provider is considered the date of receipt of the goods by the customer.
If, contrary to expectations, you are not 100% satisfied, we will refund the full purchase price. To do this, it is up to you to send an email in advance to service@mysecondear.de that you will return the goods to us. You must then return the goods to us within 3 working days. For this, the date of dispatch is decisive.
From the 30-day money back guarantee includes all hearing aids and accessories these, which are part of the basic equipment of the respective hearing aid. All other accessories with serial numbers are excluded from the 30-day money back guarantee.
Incomplete returns temporarily exclude a refund until the return is complete. Consumable items such as batteries and filters are only eligible for refund as sealed consolidated packages.
The 30 day money back guarantee does not apply in the event of water damage to the goods. Also completely excluded is the 30-day money-back guarantee in case of gross negligence or intentional damage to the goods, which is your responsibility as a customer.

Test devices

Test devices may not remain longer than 2 weeks from receipt by the customer. The trial period of hearing aids does not change if accessories are under repair during the trial period.

We will only return the test devices within Europe and from a value of goods of 49€. Return shipping for lower value of goods or outside Europe we do not take over.

Delivery terms, advance payment, retention of title

We are entitled to partial deliveries, as far as this is reasonable for you.
The delivery period is approximately five to seven working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract (cf. § 2).
If the order payment is made in advance, the contract is concluded by the sole provision of your bank details and the payment request by us. Should the payment not have been made after the due date and further payment reminder, MySecondEar Audiology Group GmbH will withdraw from the concluded contract as a consequence of the non-payment. Consequently, the order will also not be delivered or made available for use.
If the goods are in the process of delivery and cannot be delivered due to your fault even after three delivery attempts, we reserve the right to withdraw from the contract and to deduct expenses incurred for shipping when refunding the purchase price to you.
The delivered goods remain until full payment of the purchase price in our property according to §§ 449 BGB.

Transmission of a hearing test as a condition of delivery

In order to provide you with hearing aids tailored to you, we require the transmission of a hearing test (so-called sound audiogram). If this test has not been delivered to us within 30 days after the order confirmation, we reserve the right to withdraw from the contract. In this case the order would not be delivered. If the purchase price has already been paid by you, it will be refunded.
The hearing aids from MySecondEar Audiology Group GmbH are individually preset for you based on the hearing test you sent us. If there is any hypersensitivity (so-called hyperacusis or recruitment), you have to inform us before sending the hearing aid.

Prices and shipping costs

The prices for hearing instruments and accessories can be found in the offer on the homepage and in the check-out process. All prices in our online store are gross prices including VAT and are subject to shipping costs. The shipping costs are specified in our prices in our online store.
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 at your request, we charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration in accordance with § 3, you can, under the statutory conditions, the reimbursement of already paid costs for shipping to you (Hinsendekosten) demand (see on other revocation consequences § 3 para 2).

Payment terms and default

The invoice amount for sales, services and repairs is due upon delivery / handover of the invoice to the payer. Partial payments are only possible if agreed upon in advance. You will be in default of payment at the latest if you do not make payment within 14 days of the due date and receipt of an invoice which specifically refers to the consequences of default. This shall not apply if you prove that you are not responsible for the non-payment. Interest shall be charged on the invoice amount during the period of default. The default interest rate for the year is 5 percentage points above the prime rate.
For customers who have statutory health insurance, paragraph 1 applies with a period of 30 days after receipt of the invoice / goods. In this case, you pay only the difference reduced by the subsidy (your own share).
The purchase price payment is made by one-time payment. If you wish to make your payment in installments, please contact service@mysecondear.com. In the case of third-party providers who have been commissioned to process payments, the terms and conditions from these providers apply accordingly.
You can choose the purchase price and shipping costs according to your choice on our payment procedures specified in the online store. In the case of a granted direct debit authorization or payment by Klarna, American Express, Amazon Pay, Apple Pay, Google Pay, PayPal, Shop Pay, EC/Maestro or credit card, we will initiate the debit of your account at the earliest at the time regulated in paragraph 1. A granted direct debit authorization is also valid for further orders until revoked.

Set-off and right of retention

You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. You are also entitled to set-off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

Deficiency warranty rights

We are liable for material defects or defects of title of delivered items 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.
Any seller warranties given by us for certain items or manufacturer warranties granted by the manufacturers of certain items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions that may be attached to the articles.
If there are visible defects upon receipt of the goods, you must report them immediately after inspection. Defects that are not reported in time are considered approved and the goods as free of defects. If no material defect is apparent within six months at the latest since the transfer of risk, it is assumed that the item was free of defects at the time of transfer of risk (reverse conclusion from § 477 BGB).
Deficiencies must be reported in writing in text form in accordance with § 126b BGB.

Liability

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 reimbursement of futile expenses.
In other cases, we shall be liable - unless otherwise provided for in para. 4 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 4.
In particular, we are not liable for cases that have arisen due to incorrectly transmitted hearing tests or were caused by you as a customer, for example, by omitting important information about hypersensitivity.
Our liability for damages arising from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

Notes on the hearing instruments

The hearing aids offered by MySecondEar Audiology Group GmbH will be preset by the hearing care professional of MySecondEar Audiology Group GmbH prior to delivery to you.
MySecondEar Audiology Group GmbH offers consultation appointments with the hearing care professional for the purpose of adjusting the hearing aids by appointment. These appointments are then made by phone or video chat. The adjustment of the hearing aids is carried out during the appointment by remote maintenance. In this context, subsequent adjustments of the hearing system via remote maintenance are included in the purchase price for a period of six years from the date of purchase of the hearing aids.
The consultation appointments offered by MySecondEar Audiology Group GmbH are associated with a high level of effort. Therefore, if you are unable to attend the agreed appointment, you must cancel it at least 24 hours in advance.
A qualified MySecondEar hearing care professional will perform the hearing loss evaluation. In the case of a severe hearing loss, the initial fitting and impression of the ears will be made at our premises in Berlin or by one of our acousticians in your area.

Notes on the disposal of batteries according to BattG

A battery according to the Battery Act (BattG) is a consumer item within the meaning of § 92 paragraph 1 BGB, because their intended use consists of consumption.
Batteries and rechargeable batteries are not to be disposed of in household waste. Owners of spent batteries have according to § 11 Abs. 1 S.1 BattG these to a separate collection from unsorted municipal waste. Used portable batteries are collected exclusively via collection points that are connected to the joint take-back system or a manufacturer's own take-back system.
You can either return the batteries to us or return them free of charge in the trade. We are limited to the acceptance of batteries and rechargeable batteries that we ourselves lead or have led in the range.

Applicable law and jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Berlin. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Dispute Resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

Version date: 01.05.2022