(1) These General Terms and Conditions (the "GTC") apply to all orders placed, and purchases made, by Customers (as such term is defined in clause 1(2) below) via the Sennheiser Online Shop accessible here https://www.sennheiser.com/en-gb (the "Online Shop").

 

(2) We offer products for sale on the Online Shop to end users acting as both consumers (i.e. outside a trade, business, craft or profession) and traders (i.e. for purposes relating to a trade, business, craft or profession) ("Customers"). We do not offer products for sale on the Online Shop to individuals or entities acting as resellers. By placing an order, as set out in the GTC, the Customer confirms that the Customer is acting as an end user and not as a reseller.

 

(3) We strongly recommend that all Customers read the GTC carefully before placing an order and/or making a purchase via the Online Shop.

 

 

(1) We are Sennheiser UK Limited (“we”, “us”, “our”), a company incorporated in the United Kingdom, with registered company number 02523629 and its registered address at:
Eclipse Ground Floor, 
Parkway,
Marlow, 

England, 

SL7 1YL

 

Our VAT number is 5380 4250.

 

Our contact details are as follows: 

Phone: +44 (0) 1628 402200
E-Mail: services@sennheiser.com

 

 

(1) By selecting the "Order and Pay" button, the Customer makes a binding offer to purchase the relevant product(s) that have been added to the shopping cart, subject to the GTC. We are not obliged to accept the offer. The offer can only be submitted if the Customer accepts the GTC by clicking on the "Accept GTC" button.

 

(2) It is the Customer’s responsibility to ensure that all information provided to us (including delivery and billing details) is accurate and up to date. Promptly following receipt of the offer, we will send the Customer confirmation of receipt of the offer. Such confirmation does not constitute acceptance of the offer. After receiving the confirmation, the Customer should check the order details are correct. If the order is not correct, the Customer should contact us as soon as possible using the contact details given in clause 2(1) of the GTC. We will not be liable to Customers for any failures or delays in processing orders and/or delivering orders as a result of the Customer providing information that is not correct or up to date.

 

(3) A Customer’s offer shall only be deemed to have been accepted by us when we confirm this to the Customer by e-mail or confirm dispatch of the products by email (the “Order Confirmation”). Once the Customer’s offer is accepted, a legally binding contract is formed between us and the Customer incorporating the GTC in force at the time the offer was made. We will send the Customer a copy of the GTC and order confirmation, either as part of the Order Confirmation or via separate email.

 

(4) If a product selected by the Customer is temporarily unavailable at the time of the Customer's order, we will (unless notice is given on the [product details page]) inform the Customer of this in the Order Confirmation, and provide an estimate as to when it will be available for dispatch. If a product is permanently unavailable, we will not accept the Customer's offer. In this case, a contract is not concluded.

 

(5) The contract is concluded in English.

 

 

(1) The purchase price for each product is set out on the product details page of the relevant product in the Online Shop.

 

(2) We may offer different delivery options, with different delivery costs, from time to time. In that case, the delivery options and their costs are set out on the product details page of the relevant product in the Online Shop.

 

(3) Save as set out in clause 4(4) below, all purchase prices and delivery costs are inclusive of all taxes.

 

(4) Customs duties and similar charges shall be borne by the Customer.

 

(5) We only accept those payment options set out in the Online Shop for the purchase of products.

 

(6) When paying for an order, the Customer does not have the right to withhold any amount owed to us in order to set-off any amount we owe to the Customer.

 

 

(1) All periods for the delivery of the products stated by us in the order or otherwise agreed shall commence (a) if advance payment has been agreed, on the day of our receipt from the Customer of the full purchase price (including taxes) and shipping costs, or (b) if payment following shipping has been agreed, on the day on which the purchase contract is concluded.

 

(2) Deadlines specified by us for the delivery of the products are approximate only. This shall not apply if a fixed delivery date has been agreed between the Customer and us. If no delivery deadline or date for delivery is specified or otherwise agreed, the applicable delivery period shall be deemed to be five working days.

 

(3) If the Customer has purchased multiple products in one order, we may send these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. This shall not restrict the Customer's statutory rights with regard to timely and proper delivery.

 

(4) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the carrier at our reasonable discretion.

 

(5) The delivery time will vary depending on the delivery option that the Customer selects. The delivery time will be set out next to the applicable delivery option on the product details page of the relevant product in the Online Shop. All delivery times specified by us are approximate only.

 

 

(1) If the Customer is a consumer, responsibility for the product will pass to the Customer upon delivery of the product to the address given by the Customer. If the Customer is a trader, responsibility for the product will pass to the Customer upon delivery of the products to the carrier (if we are responsible for shipment).

 

(2) We continue to own the products delivered by us until the purchase price for the products in question has been paid in full by the Customer. If the Customer is a trader, we will also continue to own the products until full payment is made by the Customer of any outstanding amounts owed by the Customer to us (whether relating to the order in question or otherwise).

 

(3) Where the Customer is in receipt of the products but we still own the products (i.e. where the products have been delivered to the Customer but the Customer has not yet paid for them), the Customer must treat the products with care and will be liable to us for any damage caused to the products as a result of failing to do so.

 

(4) In the event of seizure by a third party of any products that we still own - in particular by bailiffs - the Customer shall (where applicable) inform the relevant third party of our ownership and inform us immediately so that we can enforce our ownership rights.

 

 

The provisions set out in clauses 7(1) to 7(3) only apply to Customers that are consumers:

(1) Customers that are consumers have certain rights under law, including that a product is as described, fit for purpose and of satisfactory quality. Such Customers also have certain remedies available to them under law if a product does not comply with these requirements, for example to a refund, repair or replacement.

 

(2) Nothing in the GTC limits or excludes the rights a Customer that is a consumer has under law. 

 

The provisions set out in clauses 7(4) to 7(9) only apply to Customers that are traders:

(3) The products supplied to any Customer that is a trader shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be free from material defects in design, material and workmanship and remain so for a period of 12 months from risk passing to the Customer as set out in clause 6 above or, in the case of software, for a period of 24 months from the date of provision of the licence key (“Trader Warranty”). All implied statutory or common law terms, conditions and warranties as to the product are excluded to the fullest extent permitted by law.

 

(4) The Customer must carefully inspect the products promptly following delivery. The delivered products shall be deemed to have been approved by the Customer, and the Customer will not be able to rely on the Trader Warranty in respect of a particular defect, if such 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 during the applicable warranty period of the Trader Warranty.

 

(5) Wear-and-tear due to use does not entitle the user to claim under the Trader Warranty.

 

(6) If defects or damage are due to culpable behaviour or improper handling by the Customer or a third party not commissioned by us (e.g. improper installation or use of unsuitable accessories), these are excluded from the Trader Warranty.

 

(7) If the products or software (as applicable) do not meet the requirements of the Trader Warranty, we will (at our option) repair or replace the defective product or software, or provide a refund of the purchase price.

 

(8) In addition to those rights granted under law, we may provide additional guarantees in respect of products. Details of the scope of any such guarantees can be found in the applicable guarantee conditions. These can be accessed at https://www.sennheiser.com/en-gb/support/terms-conditions-warranty.

 

 

(1) Nothing in the GTC limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

 

(2) If we fail to comply with the GTC, we are responsible for loss or damage the Customer suffers that is a foreseeable result of our breach, but we are not responsible for any loss or damage that is not foreseeable, except in cases of fraud or gross misconduct. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the order was accepted, both the Customer and we knew it might happen.

 

(3) Information on potential dangers of individual products that only become known after the purchase contract has been concluded and information on product recalls are regularly published on our website.

 

 

(1) We offer the Customer the opportunity to return the ordered products within 30 days without giving reasons and to receive a refund of the purchase price paid, unless one of the exceptions set out below applies. The period for which a product is eligible to be returned begins on the day on which the Customer or a third party designated by the Customer, who is not the carrier, has taken possession of the product. We shall bear the costs of the return if the Customer registers the return in the Online Shop and uses the return label provided by us by e-mail. For products which cannot be sent as parcel post due to their nature and which are labelled as "bulky goods" on the invoice, the following applies: We will collect the products from the Customer's delivery address.

 

(2) A Customer’s right to the voluntary right of return is subject to:

• the products being unused;
• the products and their packaging being undamaged; and
• the products being complete and there being no missing parts.

Testing or trying out the products is deemed to be use of the products for these purposes.

If a product does not meet one or more of the foregoing, it will not be eligible for return.

 

(3) The voluntary right of return does not apply to:

• Software downloaded online and licence keys sent to the Customer by e-mail;

• Products that are manufactured according to Customer specifications or are clearly customised to the Customer's personal requirements;

• Parts that have already been installed by the Customer;

• Batteries, rechargeable batteries, cables or similar items if their seal or packaging has been opened;

• Products sold by the metre;

• Items that cannot be returned for reasons of hygiene.

 

(4) There is no right of return if the Customer has ordered the provision of a service and we have provided the service in full or have already started to provide the service.

 

(5) The voluntary right of return described above applies to Customers that are consumers in addition to the statutory right of withdrawal that such Customers have under law, and does not restrict this in any way. Further information on the statutory right of withdrawal (including a sample withdrawal form) can be found at https://www.sennheiser.com/en-gb/cancellation-policy. For software purchases, please refer to clause 10.8.

 

 

(1) Certain software may be made available for download free of charge in the Online Shop at https://www.sennheiser.com/en-gb. The software can only be used if the Customer has previously purchased the corresponding licence key. This will be sent to the Customer by e-mail.

 

(2) We shall provide the Customer with updates for the software for a period of 24 months, which are required to maintain the contractual use. The Customer can download the updates from our website https://www.sennheiser.com/en-gb/support/downloads-and-instructions.

 

(3) Installation, customisation and implementation of the software as well as consulting or training are not part of the purchase and must be agreed separately.

 

(4) Upon full payment of the purchase price, the Customer shall receive a non-exclusive right to use the software for an unlimited period of time. The authorised use includes the installation of the software and the purpose for which the software was designed.

 

(5) In the event of a defect, we will provide replacement software, save where the relevant software is outdated or no longer available. In such case, we will provide alternative software. If necessary, the Customer must accept the latest version of the software in the course of replacement. This shall not result in any extra costs for the Customer.

 

(6) There is no voluntary right of return for software purchases. Further information on the statutory right of withdrawal (including a sample withdrawal form) can be found at https://www.sennheiser.com/en-gb/cancellation-policy.

 

(7) The statutory right of withdrawal shall expire if we have started to execute the contract after the Customer has expressly agreed that we will start to execute the contract before the expiry of the withdrawal period and the Customer has confirmed his knowledge that he loses his right of withdrawal by his consent with the start of the execution of the contract. This is regularly the case with the purchase of software and the sending of the licence key by e-mail, so that there is no right of withdrawal with the purchase of licence keys.

 

 

Please see the privacy policy available on our website for details about how Customer personal data is processed in respect of the Online Shop (https://www.sennheiser.com/en-gb/privacy-policy).

 

 

(1) The GTC is governed by, and will be interpreted in accordance with, the laws of England and Wales (provided that such choice of law will not deprive any Customer that is a consumer of any mandatory consumer protections in their home country (if different)). Disputes arising in connection with the GTC shall be subject to the jurisdiction of the courts of England. However, if a Customer is a consumer and lives in Scotland such Customer can bring legal proceedings in respect of the GTC in either the Scottish or the English courts and if they live in Wales they can bring legal proceedings in respect of the GTC in either the Welsh or the English courts.

 

 

(1) Deviations from and amendments to the GTC may only be agreed in writing between us and the Customer.

 

(2) The version of the GTC that apply are the version that is valid at the time the contract is concluded in accordance with section 3(3). The current version of the GTC is available at https://www.sennheiser.com/en-gb/legal/terms-and-conditions.

 

(3) Should individual provisions of the GTC - for whatever reason - not apply, this shall not affect the validity of the remaining provisions.

 

(4) We will not be liable to any Customer for any delay or failure to perform any of our obligations under the GTC for reasons, events or other matters beyond our reasonable control.