SENNHEISER SHOP TERMS AND CONDITIONS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website en-kr.shop.sennheiser.com "Sennheiser shop") and product ordering service (“Service”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Sennheiser shop. By using the Sennheiser shop, you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the Sennheiser shop.

1. INFORMATION ABOUT US

en-kr.shop.sennheiser.com is a Site operated by Arvato Distribution GmbH ("we", "us", "our"). We are registered in Germany and our principle place of business is Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany.

2. ACCESSING THE SENNHEISER SHOP

2.1. Access to the SENNHEISER shop is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the SENNHEISER shop or the Site itself without notice (see below). We will not be liable to you if for any reason the SENNHEISER shop or the Service is temporarily unavailable at any time or for any period.

2.2. From time to time, we may restrict access to some or all parts of the SENNHEISER shop.

2.3. In order to purchase any products you will need to register with SENNHEISER. Please follow the link in order to register. If you are provided with an SENNHEISER account or such other user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, and to cancel your registration at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4. You are responsible for making all arrangements necessary for you to have access to the SENNHEISER shop. You are also responsible for ensuring that all persons who access the SENNHEISER shop through your internet connection are aware of these terms, and that they comply with them.

3. USE OF THE SENNHEISER SHOP

3.1. To order our products from the SENNHEISER shop please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here en-kr.shop.sennheiser.com.

3.2. You may not use the SENNHEISER shop or its contents:

3.2.1. for commercial purposes;

3.2.2. for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the SENNHEISER shop (e.g. item listings, descriptions, prices);

3.2.3. to download (other than page caching) or modify the SENNHEISER shop, or any portion of it; or

3.2.4. for any purpose which is unlawful.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. We are the owner or the licensee of all intellectual property rights in the SENNHEISER shop including the Service and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.

4.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.3. If you print off, copy or download any part of the SENNHEISER shop in breach of these terms of use, your right to use the SENNHEISER shop will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4. Using the SENNHEISER shop does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.

4.5. SENNHEISER shop and all logos on the Site are business names and marks which are the property of Arvato Distribution GmbH or Sennheiser electronic GmbH & Co. KG.

5. THE SENNHEISER SHOP CHANGES REGULARLY

We aim to update the SENNHEISER shop and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the SENNHEISER shop or the Services, or close it indefinitely. Any of the material on the SENNHEISER shop may be out of date at any given time, and we are under no obligation to update such material.

6. OUR LIABILITY

6.1. The SENNHEISER shop is provided "as is". Whilst we have taken every care in the preparation of the content of the SENNHEISER shop we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the SENNHEISER shop. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.

6.2. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the SENNHEISER shop or any of the materials on the SENNHEISER shop (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these terms of use shall operate to exclude or restrict our liability for:

6.2.1. death or personal injury resulting from negligence;

6.2.2. fraud or deceit; or

6.2.3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SENNHEISER SHOP

We process information about you in accordance with our Privacy Policy. By using the SENNHEISER shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.

8. VIRUSES, HACKING AND OTHER OFFENCES

8.1. You must not misuse the SENNHEISER shop or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the SENNHEISER shop or the Service, the server on which the SENNHEISER shop or the Service is stored or any server, computer or database connected to the SENNHEISER shop. You must not attack the SENNHEISER shop or the Service via a denial-of-service attack or a distributed denial-of-service attack.

8.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the SENNHEISER shop and our Service will cease immediately.

8.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the SENNHEISER shop and our Service or to your downloading of any material posted on it, or on any website linked to it.

9. LINKS FROM THE SENNHEISER SHOP

Where the SENNHEISER shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. WAIVER

If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

11. ALTERATIONS TO THESE TERMS OF USE

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the SENNHEISER shop.

12. JURISDICTION AND APPLICABLE LAW

These terms of use (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms of use or their formation) will be governed by and construed in accordance with the laws of Germany. You agree to submit to the non-exclusive jurisdiction of the German courts, as do we, regarding any dispute arising from, or related to, these terms of use or related contract.

Last Updated: April 2016.

SENNHEISER SHOP TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

en-kr.shop.sennheiser.com is a website operated by Arvato Distribution GmbH a company incorporated under the laws of Germany whose principal place of business is at Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany whose registered office is Harsewinkel, Commercial Register: Amtsgericht Gütersloh HRB 2200. We have been appointed by Sennheiser electronic GmbH & Co. KG. as an authorized distributor for the Products. Our VAT number is DE811147844. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the SENNHEISER Products listed on our website en-kr.shop.sennheiser.com to you. Please read these terms of sale carefully before ordering any Products from the SENNHEISER shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.

You should print a copy of these terms of sale for future reference.

You must be over 18 years old to order any Products from the SENNHEISER shop.

Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the SENNHEISER shop.

If you have any questions regarding these terms of sale (including any technical questions) please click here: Sennheiser_Ecom@arvatoservices.hk.

1. TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

  • "Arvato", "we" or "us" means Arvato Distribution GmbH, its employees, subcontractors and/or other companies which are appointed by Arvato to provide services in relation to the SENNHEISER shop operated by Arvato;
  • "Goods" means physical products such as (but not limited to), Computer Hardware, Accessories, Batteries Cables, manuals, sold in the SENNHEISER shop;
  • "Product" is any SENNHEISER product consisting of Goods which may be purchased from the SENNHEISER shop operated by Arvato; and

2. AVAILABILITY

2.1. The SENNHEISER shop is only intended for use by customers resident in South Korea.

2.2. By ordering Products from the SENNHEISER shop, you warrant that:

2.2.1. You are legally capable of entering into binding contracts;

2.2.2. You are at least 18 years old; and

2.2.3. You are resident in South Korea and you are ordering the Products from South Korea.

3. USING THE SENNHEISER SHOP

3.1. To use the SENNHEISER shop services you can register and log in to the site using an SENNHEISER account.

3.2. Please log into the SENNHEISER shop and browse the shop. To order any item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. The contract between us (the "Contract") will be concluded with Arvato Distribution GmbH (Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany), an independent reseller of SENNHEISER products.

4.2. After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us and placing an order carries with it the obligation to make payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the goods have been dispatched (Order Confirmation), (b) the physical product to you.

4.3. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

5. AVAILABILITY AND PRODUCT DELIVERY

5.1. Although we endeavor to ensure the availability of the Products shown in the SENNHEISER shop, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:

5.1.1. to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or

5.1.2. to notify you that we are unable to fulfill the order.

If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).

5.2. Your order will be fulfilled without undue delay and by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.

5.3. Products sold in the SENNHEISER shop are delivered to you by or by courier if you have ordered Goods (for example headphones, microphones).

5.4 If any delivered product consists of and/or contains software, the software will be licensed by Sennheiser and/or authorised dealers according to the license end customer conditions and agreements. You may not duplicate, adapt, transport, provide, sell, change, disassembly, decomply or combine with any other software except if it is allowed in the license conditions and

6. CONSUMER RIGHTS

6.1. The e-Commerce Act or the Regulation of Standardized Contract Act (the “Regulations” give you the right cancel your contract.

The cancellation period will expire as follows:

  1. Cancellation at your will: seven days following the date of the consumer receiving an order confirmation email (or the date of completion of supply, if supply of the ordered product is delayed); However, you shall not be able to cancel at will in one of the following cases:

    1. If the product is destroyed or otherwise damaged due to your fault (however, this excludes in case where packaging had been broken in by you to check the contents, etc.),

    2. If there is a considerable depreciation in value of the product due to your use

    3. If there is a considerable depreciation in value of the product due to passage of time to such extent that the product cannot be resold to other customers,

    4. If packaging had been broken in for such products that can be easily duplicated/copied,

If, when products that are unique (such as custom ordered products) such that in case of cancellation of order, there is a foreseeable damage to the seller for which prior consent was obtained from you.

6.2 You are also entitled to exercise your right to cancel due to product defects at the earlier of:

  1. 30 days following the date you become aware of the defect;

  2. Three months following arrival of the ordered product.

  3. The arrival date is the date you (or anyone nominated by you) receive (s) the Goods.

    1. If you buy multiple Goods with different delivery dates, the arrival date is the day you (or anyone nominated by you) receive(s) the last of the Goods.

6.2. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (for example, a letter sent by post, fax or e-mail). For these purposes, our contact details are: Arvato Distribution GmbH (Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany), email Sennheiser_Ecom@arvatoservices.hk.

You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.3. If you exercise your above rights of cancellation but have received Goods in connection with the Contract, you shall send back the Goods or hand them over to us, without undue delay and in any event not later than 7 days from the day on which communicate your cancellation of the Contract to us. The deadline is met if you send back the Goods before the period of 7 days has expired.

6.4. You should take reasonable care of the Goods whilst they are in your possession. You are only liable for any diminished value of the Goods resulting from the handling of the Goods other than as required to establish the nature, characteristics and functioning of the Goods.

6.6 For Sennheiser products certain warranty conditions apply. The following section is only an excerpt; therefore kindly look up the warranty conditions.

6.6.1. The warranty period is 24 months, except for some products. Please refer to the separate extended warranty table.

6.6.2. The warranty period begins on the date of purchase of brand new, unused products by the first end user.

6.6.3. Please retain your sales receipt (or your warranty certificate) as proof of purchase. Unless you submit proof of purchase, which will be verified by your local Sennheiser service partner, you will be obliged to pay for any repairs that are carried out. Proof of purchase must state the date of purchase and name of the product.

6.6.4. If, within the warranty period, the product is determined to be defective (at the date of original purchase) due to improper materials or workmanship, Sennheiser electronic GmbH & Co. KG or their service partners will, without charge for labour or parts, repair or (at the descretion of Sennheiser electronic GmbH & Co. KG) replace the product or its defective parts.

6.6.5. Sennheiser electronic GmbH & Co. KG or their service partners may replace defective products or parts with new or refurbished products or parts. All products and parts replaced become the property of Sennheiser electronic GmbH & Co. KG or their service partners.

6.6.6. The following cases are not covered by the above warranty:

6.6.6.1. Minor faults or deviations in the quality of a product which do not affect the product’s value or fitness for its intended purpose

6.6.6.2. Any accessories supplied with the product

6.6.6.3. Rechargeable and disposable batteries (these products have a shorter service life, the length of which also depends on the frequency of use)

6.6.6.4. Faults resulting from improper use (e.g. operating errors, mechanical damage, incorrect operating voltage) Proper use for the purposes of this warranty is defined as use of the product under the conditions stated in the instructions for use.

6.6.6.5. Faults due to wear and tear

6.6.6.6. Any modification of Sennheiser products effected by you or a third party, unless Sennheiser has given its prior written consent to the nature and extent of the modification

6.6.6.7. Faults due to force majeure

6.6.6.8. Faults of which the purchaser was already aware at the time of purchase

6.6.7 All warranty claims become void if the product is tampered with by unauthorised persons or repair shops. Further, this warranty is voided by removal or alteration of identification labels, serial numbers or safety labels on the product or its parts. Warranty claims can be enforced in any country throughout the world in which the statutory rights of the country concerned are not in conflict with our warranty regulations. No other warranty claims or claims over and above the rights stated in these terms and conditions will be accepted.

6.6.8. Consumers may be entitled to statutory rights in their own countries which are not restricted by these warranty terms and conditions, as the warranty is governed by the laws of the country in which the Sennheiser product was purchased by the consumer. The provisions of the UN Convention on the International Sale of Goods do not apply to this service.

6.6.9. If you wish to file a claim under the warranty, please contact your local service partner for detailed return instructions. An up-to-date list of all service partners of Sennheiser electronic GmbH & Co. KG worldwide is available on the internet at Service Partner Worldwide.

7. RISK AND TITLE

The Goods will be at your risk from the day you (or anyone nominated by you) receive(s) the Goods.

8. PRICE AND PAYMENT

8.1. The price of any Products will be as quoted in the SENNHEISER shop from time to time, except in cases of obvious error.

8.2. These prices are in USD excluded VAT but including delivery costs, which will be added to the total amount due as set out in our FAQ.

8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.4. The SENNHEISER shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the SENNHEISER shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the SENNHEISER shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

8.6. Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.

9. OUR REFUNDS POLICY

9.1. If you cancel the Contract in accordance with the cancellation rights set out in section 6 above, we will reimburse to you all payments received from you, except:

9.1.1. If you cancelled at your own will, you will need to cover expenses incurred in returning the product

9.1.2. If you cancelled due to defect, we will cover the expenses incurred in returning the product by providing a returns shipping label through our carrier partner.

We will make the reimbursement without undue delay, and not later than three business days from the date we receive the returned product. The statutory default interest due to delay in refunding is 20% per annum. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

9.2. If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to Sennheiser_Ecom@arvatoservices.hk.

You are required to return any Goods to us, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.3. We will make the 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 the reimbursement.

9.4. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.

10. PERSONAL DATA

Personal details provided to Arvato through this website will only be used in accordance with our Privacy Policy. By using the SENNHEISER shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.

11. OUR LIABILITY

11.1. We are under a legal duty to provide Products which comply with the terms of the Contract. In accordance with your statutory rights we warrant to you that any product purchased from the SENNHEISER shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 11.2. The product specifications and system requirements required to operate products are described in more detail in the product specs which can be found either at the SENNHEISER shop or directly at the SENNHEISER websites. We cannot ascertain whether your computer, mobile phone or personal music player fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer, mobile phone or personal music player computer system after using the product.

11.3. We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the SENNHEISER shop.

11.4. This does not include or limit in any way our liability:

11.4.1. for death or personal injury caused by our negligence;

11.4.2. under Section 2(3) of the Consumer Protection Act 1987;

11.4.3. for fraud or fraudulent misrepresentation; or

11.4.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.5. Nothing in these terms of sale shall affect your statutory rights. if you have any doubts as to your statutory rights then you should contact your local citizens advice bureau.

12. INTELLECTUAL PROPERTY

Products offered in the Arvato SENNHEISER shop are the intellectual property of SENNHEISER.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the SENNHEISER shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the SENNHEISER shop or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES & CONTACT INFORMATION

All notices given by you to us must be given to Arvato Distribution GmbH at Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany or by email to Sennheiser_Ecom@arvatoservices.hk.

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the SENNHEISER shop, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.

15.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. EVENTS OUTSIDE OUR CONTROL

16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").

16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

16.2.1. strikes, lock-outs or other industrial action.

16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2.5. impossibility of the use of public or private telecommunications networks.

16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. WAIVER

17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3. No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.

18. SEVERABILITY

If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

19.1. These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.

19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.

20. OUR RIGHT TO VARY THESE TERMS OF SALE

20.1. We have the right to revise and amend these terms of sale from time to time.

20.2. Any Contract will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21. LAW AND JURISDICTION

Contracts for the purchase of Products placed through the SENNHEISER shop en-kr.shop.sennheiser.com (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with German law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Germany.

22. LANGUAGE

The language of the Contract shall be English.

23. Transportation and Trade

  1. During the payment process we will be requesting your Personal Customs Clearance Code (PCCC) for the purpose of customs clearance on your behalf.

  2. Importation will be done in the name of the customer (buyer, all related costs are charged back to the shipper)”

  3. Our assigned transportation partner will perform brokerage services acting as Importer of Record (IOR) and may contact you in regards to your shipment.

SENNHEISER SHOP DATA PROTECTION INFORMATION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

1. OUR COMMITMENT TO THE PROTECTION OF YOUR DATA

Arvato is committed to protecting your data online. We promise to protect your personal information and take all the appropriate steps to ensure that we use this information only in accordance with your wishes. Arvato plays a leading role in familiarising customers and other companies with the significance of using personal information properly. It is possible that Arvato, as a globally active company, saves and/or gathers data in databases in Germany and/or other global Arvato facilities.

2. THE SCOPE OF THIS INFORMATION

Our intention with this data protection information is to show you Arvato’s online data protection guidelines for the SENNHEISER shop and inform you about the possibilities at your disposal for gathering information about yourself on this website. You can request information about other offline data collections from the contact addresses specified below.

PLEASE NOTE: On the websites operated by SENNHEISER or by our subsidiaries (e.g. on websites where Arvato provides content in conjunction with SENNHEISER), it is possible that specific data protection information relating to the website in question might be shown. On private websites (e.g. those available only to traders and retailers) and on websites created solely for our employees (or future employees), it may likewise be the case that specific data protection information relating to the website in question is shown. Websites administered by SENNHEISER or subsidiaries of Arvato are covered by their own online data protection information.

3. YOUR PERSONAL DATA

Personal information enables us to offer you a better service, as we can tailor our communication activities to your interests by sending only information which is genuinely relevant for you. Below you will find a list of the information items that we gather.

Information explicitly provided by you:

To enable us to place your order, you are asked to register with SENNHEISER and to provide specific items of personal information. These include, for example, your name, postal address, email address and telephone number. Services or offerings will only be available to you once you have registered at the SENNHEISER shop. Your registration and order data will be shared between Arvato and SENNHEISER to enable optimal service. SENNHEISER specific data protection information provided at the time you register with SENNHEISER relates to such registration data.

User right: you can review /amend all of your personal data which is currently stored in our system in the “my account” section of the SENNHEISER shop.

Information collected automatically by us:

We use common Internet technologies such as cookies and beacons to guarantee the integrity of our website and to adapt areas of it to your personal needs.

It is possible that Arvato, as a globally active company, and its service providers save and/or gather data in databases in other European countries.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Furthermore, the use of Google Analytics on this website was extended by the code "gat._anonymizeIp();" in order to record IP addresses anonymously. Before the transfer of data, Google will truncate/anonymize the last octet of the IP address with the effect that an identification of the user is not possible.

On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Furthermore, if necessary, Google will transfer this information to a third party, if and insofar such transfer is required by applicable law or insofar as third parties process the data on behalf of Google. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. You may at all times contradict the collection and use of your IP address by Google Analytics, being effective for the future.

Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in.

4. DOES Arvato PASS ON THE INFORMATION IT GATHERS?

Personal information about you is not hired out or sold to third parties. Arvato reserves the right to share the data with SENNHEISER. Arvato can forward your personal information to the following entities:

Companies operating on our behalf: we hire other companies to carry out certain business activities for us. In the process, it might under certain circumstances be necessary to access your personal information. We urge these companies to use the information solely for the provision of the agreed services. The companies are not permitted to transmit the information to third parties, unless this is necessitated by service provision. These business activities include, for example, the execution of orders, the processing of vouchers, bonuses and discounts, the conduct of customer questionnaires, and information management tasks. We also provide particular service providers with compilations of general information. Web pages of subsidiaries and partners: Arvato forwards information to partner companies which make special offers or run promotional campaigns jointly on web pages of subsidiaries within our website. They are informed about the forwarding of the information when they are requested to provide personal information on websites of this kind. The respective partner company’s use of information transmitted in this way is governed by the partner’s own data protection guidelines. You should read this information in its entirety before transmitting your personal data.

Company transfers: Arvato reserves the right to transfer, either in whole or in part, your personal information in the event of the sale or transfer of our company or our assets. If the company is sold or transferred, Arvato will give you the option of refusing to allow the transfer of your personal information. In some cases, this might mean that the new company can no longer provide you with the services or products that were previously provided by Arvato. Legal execution: Arvato can disclose your personal information to third parties without your consent for the following purposes: to comply with laws, ordinances or court decisions; to cooperate with investigations by public authorities; to prevent fraud; or to assert or protect the rights of Arvato, one of its subsidiaries or one of the companies in the Bertelsmann Group.

Your consent: In all other cases, Arvato will ask for your explicit consent before your personal information is disclosed to third parties. Arvato can, for example, make a special offer or launch a prize competition in conjunction with a third party, in which case you will be asked whether your personal information may be forwarded to this third party.

5. PROTECTION OF YOUR DATA

Arvato uses a variety of administrative, internal and technical security measures to protect your personal information. Arvato has established internal control standards which deal specifically with the handling of personal data. These include particular control measures for protecting the information gathered by us online.

Employees of Arvato are trained to understand and comply with these control measures. In addition, we make our employees aware of our data protection information, guidelines and standards. Although we commit ourselves to the protection of your personal information, you too must take any steps which may be necessary. We recommend that you take all of the precautionary steps that are necessary to protect your personal information during Internet use.

6. PROTECTION OF CHILDREN’S DATA

The online protection of children’s data is particularly important. Arvato does not deliberately gather or request information about children unless the children’s parents or guardians give their explicit consent. Arvato suggests to parents or guardians that they should spend time with their children in the Internet and participate in their activities and interests.

7. LINKS FROM AND TO OTHER WEBSITES

Some Arvato websites contain links to other websites, and some websites contain links to the Arvato SENNHEISER shop website. Arvato is not responsible for the data protection guidelines of such websites. Arvato recommends that you inform yourself about such websites’ data protection guidelines.

8. CONTACT INFORMATION

If you have any queries or concerns regarding to the protection of your data when using the Arvato website, please send an email to the following address:

Service email: Sennheiser_Ecom@arvatoservices.hk

You also can reach us by post:

Arvato Distribution GmbH
Carl-Bertelsmann-Straße 23
D-33332 Gütersloh, Germany

www.arvato.com

The Arvato department for online data protection will work together with you to find a solution that allays your concerns with regard to this data protection information.

9. AMENDMENTS TO THIS DATA PROTECTION INFORMATION

Arvato reserves the right to amend this data protection information occasionally. For this purpose, any changes to this privacy policy will be published on this page or, if the amendments are extensive, an email will be sent to all the customers about whom we have gathered personal information.

SENNHEISER SHOP IMPRINT/LEGAL INFORMATION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

1. COPYRIGHT

Copyright 2016 Arvato Distribution GmbH. All rights reserved.

All content (text, images, graphics, sound, video and animation files as well as their grouping etc.) on the Arvato Distribution GmbH Web site en-kr.shop.sennheiser.com are protected by copyright law and other protective laws. This legal protection also extends to databases and similar facilities. Content is only free for view and use as directed on the Internet. The content of these Web sites may not be duplicated, distributed, changed or made accessible to third parties in any form beyond the confines of copyright law without prior written permission from Arvato Distribution GmbH. Furthermore, several areas in the Arvato website contain images that are copyrighted by third parties. Wherever not otherwise specified, all trademarks on the Arvato Web site are protected by trademark law.

2. GUARANTEE

All information on the Arvato Distribution GmbH Web site was carefully checked. We make every effort to continually expand and update this information. However, we do not guarantee that the information is complete, correct and absolutely up-to-date. Arvato Distribution GmbH makes this information available without any sort of explicit or implicit promise or guarantee. Arvato Distribution GmbH rules out any liability for damages incurred directly or indirectly by using this website, as long as they are not attributable to intentional or gross negligence on part of Arvato Distribution GmbH.

3. EDITORIAL INFORMATION

Arvato Distribution GmbH
Carl-Bertelsmann-Straße 23
D-33332 Gütersloh, Germany

www.Arvato.com

Email to: Sennheiser_Ecom@arvatoservices.hk

Arvato Distribution GmbH, Registered Office: Harsewinkel

Commercial Register: Amtsgericht Gütersloh HRB 2200

Executive Management: Andreas Barth, Frank Schirrmeister, Boris Scholz, Martin Stirm, Niels Weithe, Dr. Thorsten Winkelman

VAT-ID for physical products is: DE811147844

4. NOTE

All content on the Arvato Distribution GmbH Web site was published with highest care but without any guarantee. The use of the published information is at your own risk. Arvato Distribution GmbH does not take any liability for any immediate or indirect losses caused through the usage of data/information published on this site.

This website can be best used with Internet Explorer 9 or higher as well as the current versions of Firefox, Chrome and Safari.

5. DISCLAIMER

Wherever the Arvato Distribution GmbH Web site contains any links to other websites, Arvato Distribution GmbH explicitly state that we do not own or assume any information and content on the linked websites, and explicitly disclaim any responsibility for the linked content.

6. ABUSE

We try our best to keep this site up and running. Nonetheless it might happen that there are interruptions or faults. Our webmaster is available to review technical frictions through Sennheiser_Ecom@arvatoservices.hk.

We are happy you inform us in case you recognize any abuse of this site or its content via Sennheiser_Ecom@arvatoservices.hk.