GENERAL TERMS AND CONDITIONS
ULTRASONE JUST LISTEN GmbH Gut Raucherberg 3 DE-82407 Wielenbach
VAT ID: DE210304127 HRB 282492 Munich
info@ultrasone.com www.ultrasone.com
Out-of-Court Dispute Resolution
The EU Commission has established an online dispute resolution platform (“ODR Platform”), which according to the Commission (as of 01/06/2016) is available at http://ec.europa.eu/odr. If the customer is a consumer residing in the European Union, this platform may be used for the out-of-court settlement of disputes relating to contractual obligations arising from online contracts. We are required to inform you of the existence of this ODR Platform and, in this context, of our email address: info@ultrasone.com.
1 SCOPE OF APPLICATION
The following Terms and Conditions apply to all orders placed through our online shop.
2 CONTRACTING PARTIES; CONCLUSION OF CONTRACT
The purchase contract is concluded with ULTRASONE Just listen GmbH. The products listed in the online shop constitute a binding offer to enter into a contract for the purchase of these items. You may add our products to your shopping cart without any obligation to purchase. You may also change the information you have entered at any time before submitting your order; to correct such information, please use the instructions provided and explained during the ordering process. The contract is concluded by accepting the goods offered in the shopping cart by clicking the order button. Once the order has been submitted, you will receive a further confirmation by email.
3 CONTRACT LANGUAGE; STORAGE OF THE CONTRACT TEXT
The contract is drawn up in German. We store the contract text and will send you the order data by email. For security reasons, the contract text is no longer available online.
4 DELIVERY CONDITIONS
4.1 Shipping costs can be added to the stated product prices. If free shipping is chosen, please be aware of the conditions under §8.
4.2 Delivery is made by shipment from our warehouse to the delivery address specified by the customer.
4.3 If the customer selects prepayment as the payment method, the goods will be reserved for the customer upon contract acceptance. However, shipment of the goods will only take place after receipt of payment by ULTRASONE Just listen GmbH. The customer is therefore requested to take this into account when placing the order and to make the agreed advance payment in good time.
4.4 In the event that the customer selects prepayment and the amount has not been transferred to the account of ULTRASONE Just listen GmbH within seven days, ULTRASONE Just listen GmbH may withdraw from the contract.
4.5 The availability of the goods and the estimated dispatch date will be stated in the order confirmation, which is sent when the product is not immediately available. The standard packing and dispatch time within the next working day. During holiday seasons, this may extend and does not lead to a withdraw from the contract.
4.6 Deliveries are generally made while stocks last. Should a product ordered by the customer be unexpectedly unavailable despite timely procurement, for reasons beyond ULTRASONE’s control, ULTRASONE Just listen GmbH will offer the customer an equivalent product, or the customer shall have the option to withdraw from the contract. ULTRASONE Just listen GmbH will inform the customer immediately of the non-availability and, in the event of a cancellation, will refund any payments already made within 14 days.
4.7 Liability for damages is excluded if a delivery is delayed or becomes impossible for reasons solely attributable to ULTRASONE Just listen GmbH, provided there is neither intent nor gross negligence.
4.8 If ULTRASONE Just listen GmbH is not responsible for the delay in delivery (force majeure, intentional acts by third parties, etc.), the delivery period shall be extended appropriately. The customer will be informed immediately.
4.9 If the reasons for the delay persist for more than four weeks after conclusion of the contract, either party is entitled to withdraw from the contract.
5 PAYMENT
The following payment methods are accepted in our shop:
Prepayment If you select “Prepayment” as your payment method, we will provide our bank details in a separate email and dispatch the goods upon receipt of payment.
PayPal During the ordering process, you will be redirected to the PayPal website. If you wish to pay the invoice amount via PayPal, you must either have an existing PayPal account or register first, before authorizing yourself with your login credentials and confirming the payment instruction. We instruct PayPal to initiate the payment transaction as soon as the order is placed in the shop. The payment transaction is then carried out automatically by PayPal. Further information is available during the ordering process.
Stripe In cooperation with Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, we also offer the following payment methods in Germany. Payments are processed by Stripe:
Credit Card Further information and the terms of use can be found at stripe.com/de. Stripe processes your personal data in accordance with applicable data protection regulations and the provisions of Stripe’s privacy policy.
6 GOODS DAMAGED DURING TRANSPORT
If your goods have been delivered with obvious transport damage, please report this to the delivery person as quickly as possible and contact us immediately. Failure to file a complaint or to contact us has no effect whatsoever on your statutory rights and their enforcement, particularly with regard to your statutory warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance company.
7 WARRANTY AND GUARANTEES
Statutory warranty rights apply. For information on any applicable guarantees and their exact conditions, please refer to the respective product and information pages in the online shop.
Customer Service: If you have any questions or complaints, please contact our customer service by email at info@ultrasone.com.
8 STATUTORY RIGHT OF WITHDRAWAL (Cancellation Policy)
You may withdraw from the contract concluded via the online shop within 14 days without giving reasons, in text form (e.g. by letter or email) or via our online form, or — if the goods are delivered to us before the expiry of the deadline — by returning the goods.
Unless otherwise agreed by the contracting parties, the statutory right of withdrawal does not apply to the following contracts: Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (e.g. in-ear headphones).
The withdrawal period begins upon receipt of this notice, but not before delivery of the goods to the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligation pursuant to Article 246(2) in conjunction with § 1(1) and (2) of the Introductory Act to the German Civil Code (EGBGB).
The withdrawal deadline is met if the notice of withdrawal or the goods are dispatched in time.
Consequences of withdrawal: If you withdraw from this contract, we must refund all payments we have received from you. If you have chosen free global delivery,, a standard amount of 75 Euro will be deducted from the payment by us to cover our expenses for packaging, administration, customs declaration and shipment. This amount will not be refunded to you, if you ship back the product after free delivery. The refund payment will be settled promptly and at the latest within fourteen (14) days from the date on which the contractual goods have been received by us in perfect condition.
For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
You must return or hand over the goods to us promptly and in any event no later than seven (7) days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the seven-day period. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for testing their nature, characteristics, and functioning.
Withdrawal Form If you wish to withdraw from the contract, please contact: ULTRASONE Just listen GmbH, Gut Raucherberg 3, DE-82407 Wielenbach by mail or postal service via info@ultrasone.com. Our company details are: VAT ID: DE210304127, HRB 282492 Munich.
9 GUARANTEE
9.1 Statutory provisions apply to customer claims against ULTRASONE Just listen GmbH for defects, within the statutory limitation periods, unless otherwise specified in the following provisions. For consumers, the warranty period is currently two years.
9.2 Damage caused by improper handling or actions by the customer contrary to the contract in connection with installation, connection, operation, or storage does not give rise to any claim against ULTRASONE. Improper handling and actions contrary to the contract are in particular defined by the manufacturer’s specifications.
9.3 If the customer is a merchant and the ordered service is intended for their commercial operation, their claims for defects shall become statute-barred one year after receipt of the goods.
9.4 Wear items such as cables, ear cushions, or headband pads are generally excluded from the guarantee. For transducers and mechanical parts broken by excessive force, ULTRASONE reserves the right to investigate the cause and, if applicable, to reject the guarantee or warranty claim.
10 REPAIR COSTS / COST ESTIMATES
If goods are sent to ULTRASONE Just listen GmbH for repair and the repair is attributable to defects, damage, or other changes or deterioration of the goods that do not constitute a defective product triggering statutory warranty rights or warranty claims against the manufacturer, then the costs of the necessary services — such as cost estimates, repairs, and similar charges — shall be reimbursed by the customer to ULTRASONE.
11 LIABILITY
11.1 ULTRASONE Just listen GmbH is only liable for intent and gross negligence.
11.2 Where a breach of duty is based on simple negligence and a material contractual obligation has been culpably breached, the liability of ULTRASONE Just listen GmbH for damages shall be limited to the foreseeable, typically occurring damage. In cases of injury to life, body, or health, ULTRASONE Just listen GmbH shall be liable in accordance with statutory provisions. Liability under the provisions of the Product Liability Act remains unaffected. All other liability is excluded.
11.3 The products are only suitable for use by persons under the age of 12 under the supervision of parents or persons authorized to supervise, as parts may be swallowed.
11.4 ULTRASONE Just Listen GmbH shall in no event be liable for any health consequences or damage of any kind arising from improper or unreasonable use of our products. This includes in particular use in damp or wet conditions and use at excessively high volume levels.
12 PROHIBITION OF SET-OFF
12.1 The customer is not entitled to offset their own claims against those of ULTRASONE Just listen GmbH, unless the customer’s claims are undisputed or have been finally determined by a court.
12.2 The customer is not entitled to offset their own claims against the rights of retention of ULTRASONE Just listen GmbH — including in respect of claims for defects — unless these are based on the same contractual relationship.
13 APPLICABLE LAW; PLACE OF JURISDICTION
13.1 Should one or more provisions of these Terms and Conditions be invalid, this shall not affect the validity of the contract as a whole. The invalid provision shall be replaced by a legally valid provision with the same meaning.
13.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the customer has no place of jurisdiction in their home country, if after conclusion of the contract they relocate their domicile or habitual residence abroad, or if their place of residence is unknown.
14 COPYRIGHT
The content and works created by ULTRASONE Just listen GmbH on these pages are subject to German copyright law. Reproduction, editing, distribution, and any kind of exploitation beyond the limits of copyright law require the written consent of ULTRASONE Just listen GmbH. Downloads and copies of this website are permitted for private, non-commercial use only.