(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) in Australia or New Zealand via the Sennheiser Online Shop accessible here [https://www.sennheiser.com/en-au] (the "Online Shop").

 

(2) We offer products for sale on the Online Shop to end users acting as both consumers (i.e. for personal, domestic or household use, 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.

 

(4) Each order placed with us on our Online Shop shall be governed by the GTC.  By placing an order, the Customer acknowledges that it has read, understood and accepted, the GTC.

 

 

Our sales in Australia and New Zealand are conducted by our local entities. The applicable contracting entity will depend on your location, as set out in the table below. References to “we”, “us” and “our” in the GTC are references to the applicable contracting entity in that location. 

Your location: Australia
Contracting entity: Sennheiser Australia Pty. Ltd. ABN 68 165 388 312
Contact details:

Registered address: Tower A, Level 14, 821 Pacific Highway, Chatswood NSW 2067

Email: services@sennheiser.com

 

Your location: New Zealand
Contracting entity: Sennheiser New Zealand Limited Registry ID: 4600639

Contact details:
Registered address: Deloitte, Level 18, 80 Queen Street, Auckland, 1010, NZ

Email: 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 Order Confirmation is issued by us to the Customer, 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 Confirmation 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 of the Order Confirmation.

 

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

 

(3) 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. Unless otherwise specified, all delivery times specified by us are approximate only. Where we provide a guaranteed delivery date and a delivery attempt is not made by that date, you may be entitled to a refund of delivery fees associated with that shipment. To the extent permitted by law, we are otherwise not liable for any failure to deliver or delay in delivery of the products.

 

 

(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.

 

 

(1) Customers may have certain rights under applicable consumer protection laws, including that a product is as described, fit for purpose and of satisfactory quality. Customers may 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 any guarantee, condition, warranty, or any other right or remedy the Customer may have under applicable consumer protection law (Consumer Guarantee), to the extent such Consumer Guarantee cannot be excluded, limited or modified at law. Any disclaimer, exclusion or limitation in the GTC applies to the fullest extent permitted by law and subject to any Consumer Guarantee that cannot be excluded, limited or modified at law.

 

(3) Where we fail to provide the products in accordance with applicable Consumer Guarantees, then to the extent permitted by law and subject to the Customer’s rights under applicable law, our liability to the Customer will not exceed the cost of re-supplying the products. The Customer may be entitled to seek a refund and in some cases compensation under applicable consumer protection law.

 

(4) 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-au/support/terms-conditions-warranty.

 

(5) Where the Customer is a trader in New Zealand, we and the Customer acknowledge and agree that the products supplied under this Agreement are supplied and acquired in trade, and that both parties are in trade. Accordingly, the parties agree to contract out of the provisions of the Consumer Guarantees Act 1993 of New Zealand, to the fullest extent permitted by that Act. For the purposes of this clause, the parties agree that it is fair and reasonable that they are bound by this provision.

 

 

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

 

(2) To the extent permitted by law and subject to clauses 7(3) and 8(1) of the GTC, we will not be liable to the Customer (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, including loss of profit.

 

(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 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, 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 voluntary 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 voluntary 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) Nothing in this clause 9 is intended to limit or restrict any rights a Customer may have under the Consumer Guarantees. with respect to products or services supplied by us. The voluntary right of return described above applies in addition to rights that any Customers have under law, including the Consumer Guarantees, and this clause 9 does not restrict or exclude such rights in any way.

 

 

(1) Certain software may be made available for download free of charge in the Online Shop at https://www.sennheiser.com/en-au. 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-au/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.

 

(7) Nothing in this clause is intended to limit or exclude any Consumer Guarantees applicable to the software. Where we fail to provide the software in accordance with applicable Consumer Guarantees, then to the extent permitted by law and subject to the Customer’s rights under applicable law, our liability to the Customer will not exceed the cost of re-supplying the software. The Customer may be entitled to seek a refund and in some cases compensation under applicable consumer protection law.

 

 

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

 

 

(1) The GTC is governed by, and will be interpreted in accordance with, the Applicable Law, and disputes arising in connection with the GTC shall be subject to the jurisdiction of the courts of the Relevant Jurisdiction (as defined in the below table). 

Your location: Customers located in Australia
Applicable Law: Queensland, Australia
Relevant Jurisdiction: Courts of Queensland, Australia

Your location: Customers located in New Zealand

Applicable Law: New Zealand
Relevant Jurisdiction: New Zealand

 

 

(1) The version of the GTC that apply to an order is the version that is valid at the time the Order Conformation is issued in accordance with section 3(3). The current version of the GTC is available at https://www.sennheiser.com/en-au/legal/terms-and-conditions.

 

(2) We may modify the GTC at any time by posting a new dated version on this website, notice on the website or by email to the Customer. By placing an order after we have posted a new version of the GTC, the Customer agrees to be bound by that updated version.

 

(3) Should any provision of the GTC - for whatever reason - be held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of the GTC and they will continue in full force and effect.

 

(4) Neither party is liable for any delay or failure to perform its obligations under the GTC (except an obligation to pay money) if such delay or failure is due to any cause outside that party’s reasonable control (Force Majeure Event). If a Force Majeure Event delays or prevents a party from performing its obligations under the GTC, the performance of that party’s obligations is suspended. If such suspension exceeds 30 days, either party may immediately terminate the order by notice in writing to the other party.

 

(5) We will only waive a right under the GTC terms where we notify the Customer in writing that we waive that right.

 

(6) The products, offers and information appearing on the Online Shop are intended only for Customers located in Australia and New Zealand, including without limitation that delivery will be only to addresses in Australia or New Zealand.