Disclaimer
This english version is automatically translated from the german version. Please note that the german version is the authoritative version.
For your better understanding, we have summarized each section of legal language in plain terms. These explanations serve only as guidance and to make reading easier. They are not legally binding.
The sole and authoritative legal basis is the text of the terms and conditions in their original version as marked.
We point out that the legally binding formulations always take precedence.
§1 Scope of Application
(1) The following General Terms and Conditions apply to all orders placed by consumers through the Ears Gears online shop.
(2) A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).
(3) These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
What this means
Our Terms and Conditions apply to all orders you place in our Ears Gears shop.
If you purchase vouchers from us, the same rules generally apply, unless we explicitly state otherwise.
§2 Contracting Party and Validity
The purchase contract is concluded with:
Ears Gears
Owner: Alina Marschke
Rudolf-Breitscheid-Straße 35
15366 Hoppegarten
Germany
§3 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By submitting the order through the order form provided in the online shop, the customer makes a binding offer to conclude a purchase contract.
(3) The contract is concluded as soon as we expressly confirm the order or ship the ordered goods.
(4) After placing the order, the customer receives a confirmation of receipt of the order by email.
(5) The contract text is not permanently stored. The order data and these Terms and Conditions will be sent to the customer in text form (e.g. by email) after the order has been completed.
What this means
The products in the shop are not yet a binding offer; they simply show you what we offer. Only when you submit your order do you make us a concrete offer.
Shortly after your order, you will receive an email confirming receipt of your order.
We do not permanently store your contract text (i.e. all details of your order). However, you will receive all important information and our Terms and Conditions again by email so you have them for your records.
§4 Prices and Payment Terms
(1) All prices stated in the online shop are final prices in accordance with § 19 UStG (small business regulation). Therefore, no sales tax is shown. Any applicable shipping costs will be displayed separately during the ordering process.
(2) Payment is made through the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands, using the following payment methods:
- Credit/Debit card
- Apple Pay
- Google Pay
- PayPal
- Klarna
Payment is processed via a checkout page provided by Mollie.
(3) The invoice amount is due upon submission of the order. Your account or credit card will be charged according to the selected payment method.
(4) The delivered goods remain the property of the seller until full payment has been made.
What this means
All prices in the shop are final prices. We do not show VAT because we use the small business regulation. You will see any shipping costs separately during the ordering process before you pay.
You can conveniently pay through our payment provider Mollie. Payment is processed via a checkout page provided by Mollie. You will see the available payment methods during the ordering process.
As soon as you submit your order, the invoice amount is due. Your account or credit card will be charged depending on the selected payment method.
And very important: The products remain our property until they are fully paid for.
§5 Delivery
(1) The products offered in the online shop are handmade individual pieces that are made to order.
(2) The delivery time is usually 7 to 14 working days after receipt of payment, unless a different delivery period is stated in the online shop.
(3) If the last day of the delivery period falls on a Saturday, Sunday, or public holiday at the place of delivery, it will be replaced by the following working day.
(4) Delivery is made to the delivery address provided by the customer. Self-collection is not possible for organizational reasons.
(5) Should a material required for production be temporarily unavailable for reasons beyond the seller's control, the customer will be informed immediately. In this case, payments already made will be refunded upon request.
What this means
Our products are handmade and are individually crafted for you only after you place your order.
Delivery time is normally between 7 and 14 working days after receipt of payment, unless stated otherwise in the shop.
We deliver exclusively to the address you provide during the ordering process. Unfortunately, self-collection is not currently possible.
Should it happen that a certain material is temporarily unavailable (through no fault of our own), we will of course inform you immediately. If you prefer not to wait in such a case, we will gladly refund the amount already paid.
§6 Right of Withdrawal
(1) Consumers are generally entitled to a right of withdrawal in accordance with statutory provisions.
(2) Since the products from Ears Gears are predominantly custom-made goods, there is no right of withdrawal in accordance with § 312g para. 2 no. 1 BGB once production has begun.
(3) The statutory withdrawal period applies to non-personalized products. Details on withdrawal can be found in the withdrawal instructions.
What this means
In principle, as a customer you have a statutory right of withdrawal, meaning the right to cancel an order within a certain period.
However, since our products are usually handcrafted according to your individual wishes, we cannot revoke the purchase once we have started production.
You can find all the details in our withdrawal instructions.
§7 Warranty and Liability
(1) The statutory provisions on liability for defects apply.
(2) The seller is fully liable in cases of intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
(3) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to foreseeable, contract-typical damage.
(4) Otherwise, the seller's liability is excluded.
What this means
If a product has a defect or fault, the statutory warranty rules apply, meaning your right to rectification, replacement, or withdrawal.
We naturally assume full responsibility if we make a serious error or if health or life is affected. This also applies under the Product Liability Act.
However, if only a minor error occurs and we slightly negligently breach an important obligation, we are only liable to the extent that can reasonably be expected in such a case.
For everything else, meaning cases where no statutory or special liability applies, we assume no liability.
§8 Individual Custom Orders
(1) If the customer provides their own content (e.g. texts, names, images) for individual design, they assure that they have all necessary usage rights.
(2) The customer indemnifies the seller against all claims by third parties arising from a violation of their rights in connection with the implementation of the customer's order.
(3) The seller reserves the right to refuse orders whose content violates applicable law or public morals (e.g. discriminatory or extremist content).
What this means
If you provide us with your own content for your product, such as texts, names, or images, you ensure that you actually own the rights to them and are allowed to use them. We are not liable for rights violations arising from your information.
We reserve the right to refuse orders if the requested content violates laws or our values - for example, offensive, discriminatory, or extremist motifs.
§9 Vouchers
(1) Gift vouchers that can be purchased in the online shop are redeemable until the end of the third year after the year of purchase. Any remaining amounts are retained until the expiry of the validity period. Cash payment or interest on the voucher value is excluded. Gift vouchers can only be redeemed before completing the order process and cannot be used to purchase additional vouchers.
(2) Promotional vouchers, which are issued free of charge by the seller as part of promotional campaigns with a specific validity period, can only be redeemed in the online shop within the specified promotional period. Promotional vouchers are not available for purchase, cannot be redeemed for cash, do not earn interest, and cannot be combined with other promotions. Retrospective crediting after completion of the order process is excluded.
(3) If the value of a voucher is not sufficient to cover the order amount, the difference can be paid using one of the other payment methods offered.
(4) Vouchers are transferable. The seller can discharge their obligation by performing to the respective holder who redeems the voucher in the online shop, unless the seller knows or, due to gross negligence, does not know that the person in question is not authorized to do so.
What this means
Our gift vouchers are valid until the end of the third year after purchase. Remaining amounts are retained, but payment or interest is not possible. You can only redeem them before completing the order, not for purchasing additional vouchers.
Promotional vouchers (e.g. discount campaigns) are only valid during the specified period, not purchasable, not combinable, and not redeemable for cash. Retrospective redemption is excluded.
If the voucher value is not sufficient, you can pay the rest with another payment method. Vouchers are transferable - so they can also be given as gifts.
§10 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
With regard to consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the state of residence is not withdrawn.
What this means
German law applies to our contracts, but not international sales rules.
If you live in another country, the statutory consumer rights of your place of residence naturally remain in effect.
Privacy notice
We process your data exclusively for order processing. You can find details in our privacy policy.