§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online store between us, the
Regensburger Street 5, 10777 Berlin, Germany
Managing Director: Niklas Spichalsky, Julian Alexander Stechert
Local court Berlin-Charlottenburg, registration number: HRB 213510 B
Telephone number: 030 81474953
E-mail address: firstname.lastname@example.org
The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), according to which a consumer is a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The seller is an entrepreneur in the sense of § 14 BGB, according to which he is a natural or legal person or a partnership with legal capacity, who acts in the exercise of his commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online store do not constitute a binding offer to conclude a purchase contract. During the shopping process, the customer can add all items to the virtual shopping cart by clicking "add to 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 proceed to checkout, click on the shopping cart in the upper right corner and then click the orange "checkout" button one more time.
(2) By submitting an order via the online store by clicking the "Pay now" button, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3 shall remain unaffected.
(3) We shall immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract shall only be concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If the delivery of the goods ordered by you is not 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 of this immediately and refund any consideration already received without delay. Furthermore, we reserve the right to make errors.
(6) You will be informed about possible delivery conditions and possible delivery restrictions. If there are any queries on your part, you are welcome to contact us by e-mail at email@example.com.
§ 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 revocation in accordance with section 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
(4) The right of revocation does not apply to distance selling contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
You have the right to cancel 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, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us [enter the name of the entrepreneur, address and, if available, telephone number, fax number and e-mail address] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
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 the 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 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 must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within 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 will 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 checking the condition, properties and functioning of the goods.
§ 4 Terms of delivery and reservation of advance payment
(1) We are entitled to partial deliveries as far as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) If payment is made in advance when the order is placed, the contract is concluded by the sole provision of the Customer's bank details and the Seller's request for payment. If the payment is not delivered after the due date and further payment reminder, MySecondEar GmbH shall withdraw from the concluded contract as a consequence of the non-payment. Consequently, the order will also not be delivered and left to the customer for use.
(4) If the goods are in the process of delivery and cannot be delivered due to the fault of the customer even after three delivery attempts, MySecondEar GmbH can withdraw from the contract and deduct expenses made for the shipment when refunding the customer.
§ 5 Transmission of a hearing test as a prerequisite for delivery
(1) In order to deliver hearing aids tailored to your needs, we require the transmission of a hearing test (so-called sound audiogram). If this test has not been sent to us within 21 days after the order confirmation, MySecondEar GmbH will withdraw from the contract. Thus, 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 GmbH are preset individually to the customer based on the hearing test sent by you. If there is any hypersensitivity (so called hyperacusis or recruitment), the customer has to inform the seller about it before the hearing aid is shipped.
§ 6 Prices and shipping costs
(1) All prices in our online store are gross prices including the statutory sales tax and do not include shipping costs.
(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
3) If we fulfill your order according to § 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 will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 3 para. 3).
§ 7 Terms of payment and set-off and right of retention
(1) The purchase price is paid in a single payment. The prices for hearing systems and accessories can be found in the offer on the homepage and in the check-out process. If you would like to make your payment in installments, 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 Business of these providers shall apply accordingly.
(2) 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, 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 para. 1. A granted direct debit authorization is also valid for further orders until revoked. If you miss the due date according to para. 1, you are in default according to § 286 BGB (German Civil Code) and have to pay the seller the legal default interest.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 8 Retention of title
The delivered goods remain our property in accordance with §§ 449 BGB until full payment of the purchase price.
§ 9 Warranty for defects
(1) We shall be 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.
(2) Any seller's warranties given by us for certain items or manufacturer's 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 shall be set out in the warranty conditions which may be enclosed with the items.
(3) If, upon receipt of the goods, there are recognizable defects, the customer must report these immediately upon inspection. Defects that are not reported in time shall be deemed approved and the goods shall be deemed free of defects. If no material defect becomes apparent within six months of the transfer of risk at the latest, it shall be assumed that the item was free of defects at the time of the transfer of risk (reverse conclusion from § 477 BGB).
(4) Defects shall be notified in writing in accordance with the text form of § 126b BGB.
(5) The purchaser may demand between rectification of the defect or delivery of a defect-free item (§ 439 para. 1 BGB). In the case of subsequent delivery, the Buyer shall be obliged to return the defective item (§ 439 para. 4 BGB in conjunction with § 346 para. 1 BGB). In this case, the necessary expenses for the purpose of subsequent performance shall be borne by the seller (§ 439 para. 2 BGB).
§ 10 Liability
(1) We shall be 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. The liability shall also apply if not the managing directors themselves but employees and vicarious agents of the seller have acted on behalf of the managing directors.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
In particular, we shall not be liable for cases which have arisen due to incorrectly transmitted hearing tests or which have been caused by the customer himself, e.g. by omitting important information on hypersensitivity.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain 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 them for commercial and non-commercial purposes.
§ 12 Data protection
§ 13 Notes on the hearing systems
(1) The hearing aids offered by MySecondear GmbH are preset by the hearing care professional of MySecondEar GmbH before delivery to the customer. If the hearing aid is incorrectly adjusted due to an incorrectly transmitted hearing test, MySecondEar GmbH does not assume any liability.
(2) MySecondEar 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 telephone or via video chat. The hearing aids are adjusted remotely during the appointment. Three subsequent adjustments of the hearing system by remote maintenance are included in the purchase price for a period of six years from the date of purchase of the hearing aids. After the service has expired, further readjustments by the purchaser are subject to a charge of 29 EUR per service.
The consultation appointments offered by MySecondEar GmbH involve a high level of effort. Therefore, if the customer is unable to keep the agreed appointment, he/she must cancel at least 24 hours in advance. In case of cancellations less than 24 hours to the appointment, the appointment will be considered missed and will run out of the quota of three hearing aid readjustments. If the client misses four consecutive appointments, he/she will have to pay the full price of 29 EUR for the consultation appointments. In the case of missed appointments for reasons that demonstrably could not have been prevented by the customer, we will show goodwill and accommodate the customer.
(3) Our digital remote-fitting hearing systems are unsuitable in the event of severe hearing loss on the part of the client. A qualified MySecondEar employee will evaluate the hearing loss. In case of a moderate to severe hearing loss, the initial fitting and ear impression will be performed by a partner acoustician.
(4) MySecondEar GmbH offers the customer to test one or two hearing aids of his choice for up to 30 days without obligation. The trial period starts from the receipt of the hearing system(s). The delivery date of the logistics service provider is considered the date of delivery of the devices to the customer. The testing of the hearing system(s) is a paid provision of the hearing system(s). The prices can be found on the MySecondEar website. If the client decides to purchase a hearing aid from MySecondEar during the testing period, the amount for the previous testing of the hearing aids will be deducted from the purchase price when the client buys the hearing aid. If no purchase is made after testing, the tested items must be returned to MySecondEar GmbH within the period of 31 days, a fee of 6.35 EUR per missed day is to be paid to MySecondEar GmbH from the second day overdue.
(5) In case of a defect of the hearing system, the customer can contact the support of MySecondEar GmbH. MySecondEar GmbH will send a replacement hearing aid to the customer if a defect is detected. After the customer has received the replacement hearing aid, he/she sends the defective hearing aid back to the seller, MySecondEar GmbH. Once the repair of the old hearing aid has been successfully completed, the hearing aids will be replaced. Upon completion of the repair, the customer is obligated to return the replacement hearing aid to MySecondEar GmbH immediately upon receipt of the repaired hearing aid.
(6) If the hearing aid or components of the hearing system package and other items from the MySecondEar GmbH store are lost, the warranty claims of § 9 of the GTC apply accordingly.
§ 14 Instructions for the disposal of batteries according to BattG.
(1) A battery according to the Battery Act (BattG) is a consumer item in the sense of § 92 para 1 BGB, because its intended use consists of consumption.
(2) 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 the unsorted municipal waste. Used portable batteries are collected exclusively via collection points that are affiliated with the joint take-back system or a manufacturer's own take-back system.
(3) You can either return the batteries to us or return them to the retailer free of charge. In this case, we are limited to batteries and rechargeable batteries that we ourselves carry or have carried in our product range.
(4) The indicators like the crossed-out garbage can on garbage cans mean that these batteries must not be disposed of in the household garbage. The same applies to symbols such as 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 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.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller, Berlin. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) 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 obliged to participate in a dispute resolution procedure before a consumer arbitration board.