General Terms and Conditions of Online Sales to Consumers
for Sonova Consumer Hearing UK Limited Online Shop
May 2024
1. Scope of Application
(1) These General Terms and Conditions of Sales to Consumers ("GTC") apply to all agreements on the sale of products ("Products") that Sonova Consumer Hearing UK Limited ("Sonova" "us" or "we") concludes with a customer who is a consumer, i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside such person's trade, business or profession, ("Customer" or "you") in respect of the Customer accessing our website, located at (https://www.sennheiser-hearing.com/en-UK/) "Website" and making purchases via online orders placed by the Customer on our online shop ("Online Shop").
(2) Contractual partner is Sonova Consumer Hearing UK Limited, a company registered in England & Wales under company number 13502495 and with its registered office at Jubilee House, Third Avenue Globe Park, Marlow, Buckinghamshire, SL7 1EY. Our VAT number is GB388189926.
(3) How to contact us: You can contact us during the following hours 24 hours by telephone.: +44333 240 8185 or by email at: contactcenter@sennheiser-hearing.com.
(4) These GTC and the languages available for the conclusion of a contract for purchasing Products are: English.
(5) We can make changes to these GTC at any time and without prior notice. However, the GTC which apply to your purchase of Products will be the version of the GTC published on the Website at the time you submitted your order.
(6) The Products are sold to end-users only and are not for commercial resale.
2. Order Process, Conclusion of Contract
(1) The Products displayed in the Online Shop constitute a non-binding product catalogue. Our Product offerings in the Online Shop are a non-binding invitation to purchase and do not constitute an offer to conclude a contract. Pictures and images of the Products and their packaging are for illustration purposes only. In case of a difference between the image and the written product specifications, the latter will always prevail. The colours of the Products displayed on the Website may vary depending on what device you are using and your settings. You must use our Products only for domestic and personal use. You must not use our Products for a commercial, business or resale purpose.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the Product in question.
(3) To place an order, the Customer may put the Product into the shopping basket in a non-binding manner and then correct the entries at any time using the “remove” button in the shopping basket. If the Customer has already started the order process, corrections can be made at any time using the "Back" button in the browser and then access the shopping basket to make corrections before placing the binding order. The Customer can change the quantity of a Product or delete a Product from the basket at any time before placing a binding order.
(4) By clicking on the "Checkout" button in the shopping basket, the Customer will be forwarded to the one page checkout for the order process where the Customer is required to enter all of the data that is relevant to the processing of the order (first and last name, billing and delivery address, selection of a payment method and payment details, e-mail address) and during which, if available, a voucher can be redeemed. The Customer may choose between the options "Express checkout" or enter "Contact" and "Shipping address". If "Express Checkout" is selected, the Customer will be redirected to the Website of an instant payment system provider (e.g., PayPal, Google Pay, or similar) and, after filling in the data requested by the selected provider, redirected back to the one page checkout for the order process. [Clause 2(6) does not apply in the case of "Express Checkout";] "Shipping address" and payment method are filled in automatically in this case. If the Customer selects "Contact" and "Shipping address", email address and shipping address shall be entered. Instead of entering the data, the Customer can click on the button "Do you already have an account? Log in" to log in with an existing customer account or create such an account and then log in (see clause 2(12)). If the Customer logs in, the data for "Contact" and "Shipping address" are automatically filled in with the data provided by the Customer in the customer account. Next, by entering the Customer's shipping address, the Customer is provided with the available choice(s) of shipping method. The Customer may choose between standard shipping or express shipping. Next, the Customer is asked to select the desired payment method and, if applicable, to enter a billing address other than the shipping address (or tick "Use shipping address as billing address". During the order process, we provide the Customer with technical resources in the form of a standard check for completeness and plausibility (check to see whether all mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help the Customer recognise any errors that have possibly been made in the Customer's entries.
(5) [By clicking "Review order"], the order data is then summarised in an overview on the right hand side of the one page checkout once again for the Customer's final check. By clicking on the "Buy Now" button, the Customer places a binding order for the Product in its basket.
(6) If an instant payment system has been selected as the payment method, the Customer will now be redirected to the Website of the provider of the instant payment system, where the Customer enters their data. The Customer can access the individual order steps listed using the usual functions of their Internet browser.
(7) You may only place a binding order if you take note of and agree to the application of these GTC by placing a checkmark in the field "I agree to the application of the general terms and conditions". By making a purchase and accepting these GTC, you confirm that you: (a) agree to comply with these GTC; and (b) that you are legally bound by these GTC. Please also take note of the Privacy Policy as well as the instructions on the right of withdrawal as stated in clause 5(2).
(8) The GTC can be printed using the "Print" function and saved using the "Save" function.
(9) We are under no obligation to accept the offer. We will send the Customer a confirmation of receipt of the offer without undue delay upon receipt of the offer, which does not constitute acceptance of the offer.
(10) The offer is only accepted by us, and thus, the purchase contract will be concluded if and when we confirm acceptance to the Customer (by separate email) or send the Products and inform the Customer accordingly. The order confirmation or dispatch notice will be sent within [one - three] business days following the day of the order. The order confirmation or dispatch notice will also contain all details of the contract (including the information supplied to us by you, the details of the order, your order number, shipment tracking information and these GTC as well as the instructions on the right of withdrawal, any other information required by law and the Privacy Policy) in text form.
(11) After receipt of the confirmation of receipt and the order confirmation, please check your personal data and the order and inform us of any corrections without undue delay. We are not liable if due to incorrect data it is not possible to execute orders or there are delays.
(12) The Customer can place an order without registering. The Customer may also register and set up a customer account. In order to register on our Website and set up a customer account, the customer must enter the mandatory fields in the registration form correctly and completely. Registration is successfully completed when it has been confirmed with a corresponding confirmation email and the Customer has activated the account by clicking on the link provided in the confirmation email. The personal access data must be stored in such a way that it is protected against access by third parties. Should third parties nevertheless gain knowledge of the access data, the Customer must inform us immediately and change the access data. The Customer is responsible for reviewing and updating the data provided with each new order.
(13) The order including your personal data will be stored electronically by us in compliance with the applicable data protection requirements. The details are set out in the customer data protection information and the further data protection notice for using the Online Shop available on our Website https://www.sennheiser-hearing.com/en-UK/privacy-notice-customers/
(14) We will contact you by email to tell you if we do not accept all or part of your order. This is typically for the following reasons (this is not an exhaustive list): the Products are unavailable; you are under the age of eighteen (18); we cannot ship to you; we cannot authorise you payment; you are not allowed to buy Products from us; we are not allowed to sell the Products to you; you have ordered too many Products; or there has been a mistake on the pricing or description of the Products. We have the right to reject any order for any reason, without any liability to you.
(15) All orders are subject to availability. We cannot guarantee that any Product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain Products. If we do not accept your whole order, your order will be cancelled. If payment has already been processed, we will provide you with a full refund (including any delivery costs) using the same means of payment as you used for the initial transaction.
(16) If we do not accept part of your order, such part of your order will be cancelled. If payment has already been processed, we will provide you with a refund to the value of those cancelled Products using the same means of payment as you used for the initial transaction. Any Products forming part of the same order which are still available will be sent to you and charged for as normal.
3. Prices and payment
(1) Our prices include statutory value added tax. Any applicable shipping costs, customs duties and similar charges are borne by the Customer; they will be displayed in the summary of the order data as stated in clause 2(5) prior to the Customer confirming the transaction by clicking on the "Buy Now" button.
(2) Only the payment options specified in the Online Shop are permitted. We generally accept: Credit card, electronic payments, invoice and bank transfer.
(3) Value vouchers (such as, gift cards, vouchers for fixed amounts (e.g. £20) etc.) can be redeemed during the order process for the Products. By contrast, discount codes may not be used for the purchase of Products that are reduced goods, outlet goods and new goods.
(4) Orders must be paid in advance and will not be sent until payment has been received.
(5) In the event of default in payment, we are entitled to our statutory rights.
(6) The Customer does not have a right of set-off or retention unless the counterclaim is undisputed or has been declared final and absolute by a court of law. Set-off or the exercise of any retention right by Customer shall also be allowed to the extent that the counterclaims are based on the same contractual relationship.
(7) Prices for our Products and delivery charges may change at any time. Except as set out in section 3(8) below, such changes will not affect you order.
(8) If there has been an error on the Website regarding the pricing of any of our Products and this affects your order, we will try to contact you using the contact details that you provided when placing you order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will cancel your order and notify you by email.
(9) If the rate of VAT (or other applicable sales tax) changes between your order date and the date we dispatch the Products, we adjust the rate of VAT (or other applicable sales tax) that you pay, unless you have already paid in full before the change in the rate of VAT (or other applicable sales tax) takes effect.
4. Shipping conditions, transfer of risk
(1) All periods for shipping the Products indicated by us when the order is placed or otherwise agreed commence (a) if delivery against advance payment has been agreed, on the date of receipt of the full purchase price (including VAT and shipping costs) or (b) if another payment method has been agreed, on the date the purchase contract is entered into.
(2) If no deadline or fixed date for shipping and delivery has been specified or otherwise agreed, a general delivery period of five (5) working days will apply.
(3) If the Customer has purchased several Products in one order that can be used separately, we may also send them in several separate deliveries, unless this would be unreasonable for the Customer; in case of partial deliveries, we will bear the additional shipping costs incurred for this. This does not restrict the Customer's statutory rights with regard to timely and proper delivery.
(4) Unless expressly agreed otherwise, we will determine the appropriate shipping method and transport company at our reasonable discretion.
(5) We only owe the timely delivery of the Products to the transport company at our warehouse in Gütersloh and are not responsible for delays caused by the transport company.
(6) The risk of accidental destruction, accidental damage or accidental loss of the delivered Products passes to the Customer when the Products are delivered to the Customer. Delivery shall be made to the delivery address specified by the Customer.
(7) We will not be liable in any way to you for any delays in fulfilling the order or in delivering the Products listed in the order confirmation due to circumstances beyond our reasonable control.
(8) The Products in the order confirmation will be sent to the mailing address specified by you.
(9) Events outside the reasonable control of the parties, including but not limited to unavailability of means of transportation and unforeseen or unavoidable events (e.g. natural disasters, extreme weather, industrial action) that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in our delivery expenses, will give us the right to spilt up, resend or cancel the order, in full or in part, or to cancel your contract with us. In theses cases, we will inform you of our decision by sending an e-mail to the address provided by you, and you will only be entitled to a refund of any sums already paid, excluding any other claims against us for any reason.
5. Right of cancellation
(1) The Customer has a right of cancellation subject to the following provisions.
(2) Instructions on cancellation
Instructions on cancellation
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period begins on the day after we deliver the Products to you. Therefore, you must let us know no later than 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods in your order.
To exercise the right of cancellation, you must inform us (Sonova Consumer Hearing UK Limited at Jubilee House, Third Avenue Globe Park, Marlow, Buckinghamshire, SL7 1EY +44333 240 8185, contactcenter@sennheiser-hearing.com) of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached sample cancellation form, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or Sonova Consumer Hearing (Arvato - DE), c/o Arvato Distribution GmbH WA1800, Reinhard-Mohn-Straße, 33333 Gütersloh, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We bear the cost of returning the goods if you use our free return label. See 5(3) below.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(3) Shipping costs borne by us
According to the foregoing clause 5(2) we bear the costs for return shipping after revocation if the Customer uses the free return label. The Customer can download the return label online in our return portal.
(4) No right of revocation
Please note that the statutory right of revocation does not apply to all goods. In particular, the right of revocation does not apply to:
- the delivery of goods which are not pre-made/off the shelf and are based on an individual choice of or decision by the consumer or goods made to the consumer's specifications or clearly personalised (i.e. customised),
- delivery of sealed goods which are not suitable for return for reasons to protect health or hygiene if their seal was removed after delivery,
- delivery of sound or video recordings or computer software in sealed packaging if the seal was removed after delivery.
(5) Model revocation form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: Sonova Consumer Hearing UK Limited at Jubilee House, Third Avenue Globe Park, Marlow, Buckinghamshire, SL7 1EY, ecommerce@sennheiser-hearing.com
I/We (*) hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper)
Date
__________.
(*) Delete as appropriate.
6. Voluntary right of return
(1) We allow the Customer to return the Products within 30 days without giving reasons. The period begins on the date on which the Customer or a third party named by them who is not the carrier has taken possession of the Products. The deadline is deemed to have been met if the Products or the request to return Products are sent on time. We bear the costs for return shipping if the Customer uses the free return label. The Customer can download the return label online in our retour-portal. If the return label is not used, the Customer bears the costs. Payments already made will be credited if the returned Products have been accepted.
(2) Please send returns to:
Sonova Consumer Hearing (Arvato - DE)
c/o Arvato Distribution GmbH WA1800
Reinhard-Mohn-Straße
33333 Gütersloh
Germany
(3) The voluntary right of return is subject to the cumulative conditions being met:
- the Products are unused,
- the Products and the packaging are undamaged and
- the Products are complete.
Inspecting the condition and properties of the Products, as would also be possible in a store, is not deemed to be using the Products.
(4) The voluntary right of return does not apply to
- image, sound and data carriers, CDs, DVDs, software, if their seal has been broken or they have been downloaded online;
- goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the Customer (i.e. customised);
- parts that have already been installed by the Customer;
- regular batteries, rechargeable batteries, cables or similar items, if their seal or packaging has been opened;
- goods sold by the metre, consumables;
(5) If the Customer is responsible for the deterioration or loss of the Products, they must pay compensation for it.
(6) The right of return described above applies in addition to the Customer’s statutory right of revocation and does not restrict it in any way. Further information on the statutory right of revocation can be found under clause 5.
7. Reservation of title
(1) We retain title to the Products delivered by us until the purchase price for the Products in question has been paid in full (including VAT and applicable shipping costs).
(2) The Customer is not entitled to dispose of the ownership of Products delivered by us which are still subject to retention of title without our prior written consent. The disposal of the Customer's legal position with regard to the reserved goods ("expectancy right") remains permissible as long as the third party is made aware of our ownership rights.
(3) The Customer must treat the reserved goods with care.
(4) In the event of access to the reserved goods by third parties, in particular by bailiffs, the Customer must point out that we own the goods and notify us without undue delay so that we can enforce our ownership rights.
8. Claims for defects
(1) As a consumer in the UK, you have legal rights in relation to the Products and nothing in these GTC shall affect your legal rights. Your legal rights are summarised in 8(2) below. These are subject to certain exceptions. In the UK, advice about your legal rights is available from your local Citizen's Advice Bureau (Citizens Advice) or Trading Standards office (Trading Standards).
(2) A summary of your key legal rights in respect of Products purchased from us is as follows:
(a) goods must be as described, fit for purpose and of satisfactory quality; and
(b) during the expected lifespan of your product your legal rights entitle you to the following:
Up to thirty (30) days:
- If your Product is faulty, you can get an immediate refund.
Up to six (6) months:
- If a faulty product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
Up to six (6) years:
- If the Product does not last a reasonable length of time and you can show the fault was present at the time of purchase, you may be entitled to some money back
(3) If your Product is faulty or mis-described, please contact us as soon as possible by email at contactcenter@sennheiser-hearing.com. A communication from our staff will follow, indicating the refund methods available, which you can select from at your discretion.
(4) Wear and tear due to use does not give rise to warranty claims.
(5) If defects or damage are due to culpable conduct or improper handling by the Customer or a third party not commissioned by us (e.g. improper installation or use of unsuitable accessories), they are excluded from the warranty.
(6) In warranty cases, please contact our customer support. You may use the contact form on our Website.
(7) Additional voluntary warranties only apply to the extent those are expressly granted for the respective Product.
9. Liability
(1) If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you may suffer as a result. By 'foreseeable', we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
(2) We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
(3) Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
(4) The above limitations of liability shall also apply in the case of your claim for damages against Sonova's officers, executives, employees or agents.
(5) The above limitations of liability shall apply accordingly to frustrated expenses.
(6) Any further liability on our part is excluded.
10. Industrial property rights and copyrights
(1) The Customer is granted the non-exclusive right to use the software delivered with the Products in connection with using the Products.
(2) The Customer may not make copies of the software.
(3) The Customer may only transfer the rights in the software granted to them to a third party if ownership of the Product in question is simultaneously transferred to such third party and the Customer does not retain any copies of the software.
(4) We hold copyrights in the images, films and texts published in our Online Shop. Use of the images, films and texts is not permitted without our express consent.
11. Data privacy
We may only process and store the data related to the respective purchase contracts within the framework of the applicable statutory provisions. The details are set out in the customer data protection information and the further data protection notice for using the Online Shop available on our website https://www.sennheiser-hearing.com/en-UK/privacy-notice-customers/.
The law of the Federal Republic of Germany shall apply. If the Customer has its habitual residence in another country than Germany, this choice of law shall not apply if it has the result of depriving the Customer of the protection afforded to it by the relevant provisions of the country of residence, which may not be derogated from by agreement. Consumers in the UK will also have a right of recourse under consumer laws in the UK.
12. Other important provisions
(1) The GTC apply in the version currently valid at the time the Customers submits its order. The current version is available at https://sennheiser-hearing.com/terms-of-sale.
(2) If an individual provision of these GTC is or will be invalid for whatever reason, this does not affect the validity of the remaining provisions.
(3) No one other than us or you, has any right to enforce any of these GTC.
(4) We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these GTC. We will always notify you by posting on our site if this happens.
(5) You are not allowed to transfer your rights or obligations under these GTC to anyone without our prior written consent.
(6) Any notice under these GTC must be given in writing. The parties agree to receive all communications, agreements, and notices under these Terms (“Communications”) electronically, including by e-mail. The parties agree that notices delivered electronically satisfy any legal requirement that such Communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to provide accurate and up to date personal contact information. Communications will be deemed given on the day sent.