Imprint

VISION EARS GmbH
Luxemburger Str. 51
50674 Cologne

E-Mail: info@vision-ears.de
Phone: +49 (0)221-80064334

Managing director: Herr Marcel Schoenen und Herr Mohammad-Ali Karimpour
Registration court: Amtsgericht Köln
Registration number: HRB 91414
VAT-ID: DE 286 952 966

Vat ID number in accordance with §27 a of the German VAT Act

WEEE-Reg.-Nr. DE 44503318
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.

Monday - Friday: 08:30 am - 5:00 pm


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Webshop GTC

Contractual conditions in the context of purchase contracts concluded via the platform "VisionEars" between the company Vision Ears GmbH, Luxemburger Str. 51, 50674 Cologne - hereinafter referred to as "Provider" - and the customers specified in § 2 of these terms and conditions - hereinafter referred to as "Customer".

§ 1 Scope, definitions

(1) The business relationship between the supplier and the customer shall be

governed exclusively by the following General Terms and Conditions (GTC) in the

version valid at the time of the order. Deviating terms and conditions of the

customer shall not be recognized unless the supplier expressly agrees to their

validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered goods and services

cannot be predominantly attributed to his commercial or independent professional

activity (Section 13 BGB). In contrast, an entrepreneur is any natural or legal person or

partnership with legal capacity that acts in the exercise of its commercial or independent

professional activity when concluding the contract (Section 14 (1) BGB).

§ 2 conclusion of a contract

(1) The customer can order two different types of products on the provider's website,

namely "customized products" and "series products". The conclusion of the contract

differs with regard to both product categories.

(2) The customer can initially select individual products, in particular in-ear

headphones and accessories, from the provider's range on the website www.vision-

ears.de and customize and configure these to their own requirements using the

"configurator" integrated into the website (hereinafter referred to as "configurator"):

"customized products"). The customer can use the configurator to select the model,

color, lettering and/or decorations as well as accessories for their individual

headphones. The product is customized for the customer after the order process has

been completed. The customer can also select selected standard products that cannot

individually configured, in particular in-ear headphones and accessories (hereinafter:

"standard products“).

(3) After completing the configuration of the customized products or after selecting

the series products, the customer can submit a binding application for purchase by

clicking on the "Order with costs" button. Before submitting the order, the customer

can change and view the data at any time. However, the application can only be

submitted and transmitted if the customer has accepted these contractual terms and

conditions and the data protection provisions by activating a checkbox, thereby

including them in their application.

(4) In the case of customized products, the supplier shall send the customer an

automatic confirmation of receipt by e-mail after receipt of the order, in which the

customer's order is listed again and which the customer can print out using the

"Print" function. In the case of custom-made products, the confirmation of receipt

also contains a request to the customer to have an individual impression of their ear

made as well as the relevant impression instructions. This impression is absolutely

necessary in order to customize the headphones for the customer. This automatic

confirmation of receipt merely documents that the customer's order has been

received by the provider and does not constitute acceptance of the request.

(5) The contract is only concluded when the supplier submits the declaration of

acceptance, which is sent in a separate e-mail (order confirmation). In the case of

standard products, the order confirmation is sent immediately after the customer

places the order, without a confirmation of receipt being sent beforehand. In the

case of customized products, the order confirmation will not be sent until the

supplier a usable ear impression from the customer. If the impression is unsuitable

for the custom-made product, the supplier shall inform the customer of this and

request a new impression.

(6) In the order confirmation or in a separate e-mail, but at the latest upon delivery

of the goods, the contract text (consisting of the order, GTC and order confirmation)

is sent to the customer by the provider on a permanent data carrier (e-mail or paper

printout) (contract confirmation). The text of the contract is stored in compliance

with data protection regulations.

(7) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by the supplier are calculated from the time of order

confirmation, subject to prior payment of the purchase price. If no or no deviating

delivery time is specified for the respective goods in the online store, the delivery

time is 14 days.

(2) If no copies of the product selected by the customer are available at the time of

the customer's order, the supplier shall inform the customer of this immediately in

the order confirmation. If the product is permanently unavailable, the supplier shall

refrain from issuing a declaration of acceptance. In this case, a contract is not

concluded.

(3) If the product designated by the customer in the order is only temporarily

unavailable, the supplier shall also inform the customer of this immediately in the

order confirmation. In the event of a delay in delivery of more than two weeks, the

customer has the right to from the contract. The customer's statutory right of

withdrawal (see § 9 of these contractual conditions) is not affected by this. In this

case, the supplier is also entitled to withdraw from the contract. In this case, he shall reimburse any payments already made by the customer without

delay.

(4) There are no delivery restrictions: The supplier delivers worldwide.

(5) In the case of custom-made products, the delivery period only begins after

the supplier has received a usable ear impression from the customer.

§ 4 Reservation of ownership

(1) The delivered goods remain the property of the supplier until full payment has

been made. If the customer is an entrepreneur, the retention of title shall also apply

until full payment of all present and future claims against the customer.

(2) The goods delivered subject to retention of title must be treated with

care by the customer.

(3) In the event of access by third parties to the reserved goods - in particular access

by bailiffs - the customer shall draw attention to our ownership and inform us

immediately so that we can enforce our ownership rights.

§ 5 Prices and shipping costs

(1) All prices on the provider's website include the applicable statutory value

added tax.

(2) The corresponding shipping costs shall be indicated to the customer before the

order is placed and shall be borne by the customer unless the customer exercises

his right of withdrawal.

(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the

customer is a consumer.

(4) In the event of revocation, the customer shall bear the direct costs of the return

shipment.

(5) Deliveries to countries outside the EU may be subject to additional duties, taxes

or fees, which must be borne by the customer.

(6) The customer shall have no right of set-off or retention unless the counterclaim

is undisputed or has been legally established. In the event of defects, the

customer's counterclaims shall remain unaffected.

§ 6 Payment modalities

(1) The customer can pay in advance, via PayPal or credit card. If payment is made

in advance, payment must be made no later than two weeks before delivery.

(2) Payment of the purchase price is due immediately upon conclusion of the

contract. The customer shall receive the invoice with the order confirmation. If the

due date for payment is determined by the calendar, the customer shall be in

default as soon as the deadline is missed. In this case, the customer shall pay the

provider default interest in the amount of 5 percentage points above the base

interest rate. If the customer is an entrepreneur, the default interest shall be 9

percentage points above the base interest rate.

(3) Receipt of payment will be confirmed to the customer in a separate e-mail.

(4) The customer's obligation to pay default interest does not preclude the

provider from claiming further damages caused by default.

(5) The supplier reserves the right to deliver only against advance payment in

individual cases or if payment is refused by credit institutions or providers of

electronic payment systems.

§ 7 Warranty for material defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable

statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). The

warranty period for goods delivered by the supplier to entrepreneurs is 12

months.

(2) An additional guarantee only exists for the goods delivered by the supplier if

this was expressly stated in the order confirmation for the respective article.

(3) If the customer is an entrepreneur, he must carefully inspect the goods

immediately after delivery. The delivered goods shall be deemed to have been

approved by the customer if a defect is not notified to us (i) in the case of obvious

defects within five working days of delivery or (ii) otherwise within five working

days of discovery of the defect.

§ 8 Liability

(1) Claims for damages by the customer are excluded. Excluded from this are claims

for damages by the customer arising from injury to life, limb or health or from the

breach of essential contractual obligations (cardinal obligations) as well as liability for

other damages based on an intentional or grossly negligent breach of duty by the

provider, its legal representatives or vicarious agents. Essential contractual obligations

are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the provider shall

only be liable for the foreseeable damage typical of the contract if this was caused by

simple negligence, unless the customer's claims for damages are based on injury to

life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal

representatives and vicarious agents of the provider if claims are asserted directly

against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a

distance selling transaction, about which the provider provides information below

in accordance with the statutory model.

(2) The right of withdrawal does not apply to the delivery of goods that are not

prefabricated and for the manufacture of which an individual selection or determination

by the consumer is decisive or which are clearly tailored to the personal needs of the

consumer (§ 312g para. 2, no. 1 BGB). This to all customized products. There is no right

of withdrawal for these products.

(3) The right of withdrawal expires prematurely for contracts for the delivery of sealed

goods that are not suitable for return for reasons of health protection or hygiene if

their seal has been removed after delivery.

(4) Consumers who have their registered office neither in the European Union (EU) nor

in the European Economic Area (EEA) are not entitled to a statutory right of withdrawal

due to the choice of law clause in Section 11 (1) of these GTC. We also do not grant these

customers a contractual right of withdrawal.

(5) For other products offered by the supplier (series products), in particular for

prefabricated accessories, the following withdrawal policy applies:

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Cancellation policy

Right of withdrawal

You have the right to withdraw from 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, took possession of the goods.

To exercise your right of withdrawal, you must contact us (Vision Ears GmbH, Luxemburger Str. 51, 50674 Cologne, Tel: +49 (0) 221 800 64 334, Fax: +49 (0) 221 800 64 311, e-mail: info@vision-ears.de) of your decision to withdraw from this contract by an

unequivocal statement (e.g. a letter sent by post, fax or e-mail).You can use the

attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of

exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments from you,

including the costs of delivery (with the exception of the supplementary costs

resulting from 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 not later than

14 days from the day on which we are informed about your decision to withdraw

from 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;

under no circumstances will you be charged any fees for 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 immediately and in any case within fourteen days

at the latest from the day on you inform us of the revocation of this contract. The

deadline is met if you send the goods before the period fourteen days has expired.

You shall bear the direct costs of returning the goods. You shall only be liable for any

diminished value of the goods resulting from handling other than what is necessary

to establish the nature, characteristics and functioning of the goods.

++++++

(6) The provider provides the following information on the model withdrawal form in

accordance with the statutory provisions:

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back to us).

— To Vision Ears GmbH, Luxemburger Str. 51, 50674 Cologne, Tel: +49 (0) 221 800

64 334, Fax: +49 (0) 221 800 64 311, E-Mail: info@vision-ears.de:

— I/we () hereby revoke the contract concluded by me/us () for the purchase of the

following goods ()/the provision of the following service ()

— Ordered on ()/received on ()

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for notification on paper)

— Date

(*) Delete as appropriate

§ 10 Datenschutz

(1) The provider collects and processes the customer's personal data in accordance

with the applicable data protection regulations. Further information on data

protection can be found in our privacy policy at https://vision-ears.de/en/privacy-policy

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall to contracts between the

provider and customers who have their registered office or habitual residence in the

European Union or the European Economic Area (EEA), to the exclusion of the UN

Convention on Contracts for the International Sale of Goods. Contracts between the

and customers who do not have their registered office or habitual residence in the EU

or the EEA shall be governed by the law of the Federal Republic of Germany to the

exclusion of the UN Convention on Contracts for the International Sale of Goods and

to the exclusion of German law.

consumer protection law, in particular excluding the right of withdrawal for distance

contracts. The statutory provisions on the restriction of the choice of law and the

applicability of mandatory provisions, in particular of the state in which the customer

as a consumer has his habitual residence, remain unaffected. Vision Ears GmbH is not

obliged or willing to participate in dispute resolution proceedings before a consumer

arbitration board.

(2) If the customer is a merchant, a legal entity under public law or a special fund

under public law, the place of jurisdiction for all disputes arising from contractual

relationships between the customer and the provider is the registered office of the

provider.

(3) The contract shall remain binding in its remaining parts even if individual points

are legally invalid. The ineffective points shall replaced by the statutory provisions, if

any. However, if this would constitute an unreasonable hardship for one of the

contracting parties, the contract as a whole shall become invalid.

(4) The European Commission provides a platform for online dispute resolution

(ODR), which you can at https://ec.europa.eu/consumers/odr/. The platform serves as a

contact point for the out-of-court settlement of disputes concerning contractual

obligations arising from online purchase contracts. We are neither willing nor

obliged to participate in dispute resolution proceedings before a consumer

arbitration board.

Last change to these GTC: February 2025