General Terms and Conditions

for the online sale and delivery of products from marketplaces and the webshop of 11ecom GmbH, based in Germany, Stolberger Str. 368, 50933 Cologne, registered in the commercial register, Cologne District Court, HR B 81983. VAT registration number for the EU DE295924846 and GB327767860 for Great Britain. EPR Compliance:  LUCID DE152542512729 , CITEO FR288971_01IOSD.

As of 20.06.2024

1. The following General Terms and Conditions in their respective valid version shall apply to all business relationships of any kind between 11ecom GmbH (hereinafter referred to as "11ecom") and the customer for the online purchase and delivery of products.

2. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the exercise of their commercial or self-employed professional activity (Section 14 of the German Civil Code (BGB)) and their representatives.

If you are a business customer making a purchase, the clauses in these General Terms and Conditions that are aimed at consumers, such as the right of withdrawal and free return shipping, do not apply. Other payment terms may also apply.

3. "Products" means items that 11ecom markets via websites and marketplaces.

4. "Website" or "Websites" means

i. https://shure.com/de-DE for deliveries to Germany and Austria

ii. https://shure.com/nl-NL for deliveries to the Netherlands, Luxembourg and Belgium

iii. https://shure.com/fr-BE for deliveries to the Netherlands, Luxembourg and Belgium

iv. https://shure.com/nl-BE for deliveries to the Netherlands, Luxembourg and Belgium

v. https://shure.com/fr-FR for deliveries to France

vi. https://shure.com/it-IT for deliveries to Italy

vii. https://shure.com/es-ES for deliveries to Spain

viii. https://shure.com/pl-PL for deliveries to Poland

ix. https://shure.com/de-CH for deliveries to Switzerland

x. https://shure.com/fr-CH for deliveries to Switzerland

xi. https://shure.com/en-GB for deliveries to the United Kingdom

xii. https://shure.com/en-EU for deliveries to EU countries other than those mentioned above

5. "Marketplace" means

i. https://kaufland.de

ii. https://onbuy.co.uk

iii. https://allegro.pl

iv. https://rakuten.fr

6. "Webshop" means:

o https://shure-shop.eu

7. Unless otherwise agreed, the inclusion of any terms and conditions used by the customer is hereby rejected.

1. The presentation of the products on the websites and marketplaces does not constitute a legally binding offer, but only a non-binding online catalog of the product range.

2. The conclusion of a contract by executing an order via a marketplace is subject to the terms and procedures of the respective marketplace provider.

3. By clicking on the "Checkout" button on one of the websites, the items are placed in the shopping cart of the 11ecom webshop for ordering.

4. When placing an order in the webshop, the customer goes through the following technical steps:

o Click on the "Checkout" button in the shopping cart on a website

o Forwarding to the general order overview page (webshop checkout), where the individual purchase steps are then carried out:

o Step 1: Entering the "billing address" or "delivery address"

If the billing and delivery addresses are not identical, the customer can specify a "different delivery address" by clicking on the checkbox.

o Step 2 Select "Payment method" and "Shipping method"

Select the "Payment method" by clicking on the desired payment method in accordance with § 3 paragraph 4.

If an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung, or similar) has been selected as the payment method, the customer will either be taken to the webshop order overview page or redirected to the website of the provider of the instant payment system. If the customer is redirected to the respective instant payment system, he/she will make the appropriate selection or enter your data.

Select the "Shipping method" by clicking on the desired shipping method.

Depending on the shipping method, the customer can specify whether their contact details may be passed on to the shipping service provider.

o Step 3: Order overview

In the next section, "Order overview", all order data and the total price are displayed in an overview; if the customer pays with an instant payment system, the order overview is displayed on the provider's website, depending on the provider; by clicking on "Go to homepage", it is possible to change the contents of the shopping cart. If available, a voucher can be redeemed.

o Finalize the order by accepting these terms and conditions and the data protection provisions and clicking on the "Buy now" button.

The customer can access the individual order steps via the usual functions of his internet browser.

5. By clicking on the "Buy now" button, the customer places a binding order for the goods in the shopping cart. A confirmation of receipt of the order will follow immediately after the order has been sent. The purchase contract will only be concluded with our separate order confirmation. The contract text will be saved and the order data and the General Terms and Conditions will be sent to the customer by e-mail.

6. 11ecom offers products that are intended exclusively for professional use. These products are marked on the websites by an additional article designation "PRO" (e.g. SE215 PRO) or the note "For professional use only". These products are intended exclusively for professional use in accordance with applicable EU regulations on volume limitation and may not be used in the private consumer sector. These products can therefore only be ordered by companies, who must provide their company name and VAT registration number.

7. 11ecom reserves the right not to provide the promised service if it becomes apparent after the contract has been concluded that the goods are not available, although a corresponding transaction has been concluded, or if consumers or companies with an invalid VAT registration number have ordered products that are intended exclusively for professional use. In such a case, the customer will be notified immediately. Any consideration already provided will be refunded immediately. Further claims against 11ecom are excluded.

1. The product price stated on the website and in the webshop is given in GBP for deliveries to the UK, in PLN for deliveries to Poland, in CHF for deliveries to Switzerland and in EUR for deliveries to other EU countries and includes the respective country-specific value added tax ("VAT"). The percentage and amount of the VAT are stated on each invoice.

2. No VAT is charged for deliveries to Switzerland. 11ecom pays all customs duties and taxes when the goods are imported into Switzerland. The customer receives the goods without additional payment (DDP Delivered Duty Paid).

3. For tax-free intra-community deliveries to corporate customers in the EU outside Germany with a valid VAT registration number, no VAT is charged.

4. The product price does not include transportation or shipping costs. The customer must pay the transportation and shipping costs for the products in accordance with § 4.

1. Delivery is available to the following countries:

Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Cyprus, Switzerland.

2. The following regions of the above-mentioned countries are excluded from delivery:

Faroe Islands, Greenland, Gibraltar, Guernsey, Isle of Man, Jersey, Vatican, Canary Islands, Overseas Islands, as well as enclaves of the above-mentioned countries.

3. 11ecom reserves the right not to provide the promised service if it is discovered after the contract has been concluded that a delivery address in other countries or excluded regions has been provided. In such a case, the customer will be notified immediately. Any consideration already provided will be refunded immediately. Further claims against 11ecom are excluded.

4. If the customer is a business (§ 14 BGB), delivery is always at the customer's risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item, even in the case of a sale to destination, shall only pass to the customer upon delivery of the item. The transfer is deemed to have taken place even if the buyer is in default of acceptance. The delivery is made to the delivery address provided by the customer.

5. Shipping costs per order in the webshop

Deliveries to EU countries and the UK are free of charge.

For deliveries to Switzerland, a shipping fee of CHF 15 is charged, but no additional customs duties or fees are charged to customers in Switzerland.

For deliveries to countries outside those listed in §4 paragraph 1 and to the regions listed in § 4 paragraph 2, additional transportation costs, customs duties or fees will be charged to the customer.

7. Unless otherwise stated in the respective offer, delivery of the goods within Germany will be made within 2 - 3 working days, and for deliveries abroad within 5 - 7 working days after conclusion of the contract (in the case of agreed advance payment, after the date of your payment instruction). Please note that no delivery will be made on Sundays and public holidays and, depending on the shipping service provider and the country of delivery, also on Saturdays.

Due to force majeure and restrictions imposed by the shipping service providers, e.g. due to special weather conditions, pandemics or other crises, delivery may be delayed in exceptional cases. The seller shall not be in default as a result.

8. The goods must be inspected for transport damage immediately upon receipt by the customer or his representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code (HGB), must have any detectable transport and packaging damage confirmed in writing by the transport company upon acceptance of the goods and report this to 11ecom. We ask customers who are consumers, without any legal obligation, to also report any obvious transport damage to us.

 

3. Exclusion of the right of withdrawal

The right of withdrawal does not apply to

i. the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

ii. 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,

iii. the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,

iv. delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts.

4. Processing:

In order to ensure the fastest possible processing, the customer is requested to return the complete goods, if possible in the original packaging or at least in appropriate transport packaging and with all packaging components. It is recommended that the customer obtain a signed confirmation of receipt from the transport company commissioned with the return and keep it. Please note that the modalities mentioned in this paragraph are not a prerequisite for the effective exercise of the right of withdrawal.

 

11ecom GmbH – Model withdrawal form

If you wish to cancel the contract, please complete and return this form.

To: 11ecom GmbH, Shure Webshop, Stolberger Str. 368, 50933 Cologne, Germany

Email: shure@11ecom.de

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*)/received on (*)

Order number

Name of consumer(s)

Address of the consumer(s)

Date, signature of the consumer(s)

(*) Delete as applicable.

1. Defects or damage that are attributable to culpable or improper handling or improper installation, as well as the use of unsuitable accessories or modifications to the original parts by the customer or a third party not authorized by 11ecom, are excluded from the warranty.

2. Wear and tear resulting from use is also excluded from the warranty.

3. If the customer accepts the goods or the subject of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves these in text form (e.g. e-mail) immediately after receipt of the goods.

4. The customer shall only be entitled to warranty claims for existing transport damage if he has fulfilled his obligation to inspect and report in accordance with § 5, point 7. This shall not apply if the customer is a consumer.

5. The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used items is 12 months, unless 11ecom is subject to unlimited liability under § 6, paragraph 7, in particular for injury to life, limb and health. If the customer is a business, the warranty period for new items is one year and for used items six months from the transfer of risk, unless 11ecom is subject to unlimited liability under § 6, paragraph 7, in particular for injury to life, limb and health.

6. In all other respects, the warranty is based on the statutory provisions.

7. 11ecom shall only be liable for damages other than those arising from injury to life, body or health if these are based on intentional or grossly negligent behavior or on culpable violation of a material contractual obligation by 11ecom or a vicarious agent (e.g. the delivery service) of 11ecom. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected. If a material contractual obligation is negligently breached, 11ecom's liability shall be limited to the foreseeable damage.

8. In no event shall we be liable to any business for (i) any indirect, incidental, special, consequential, punitive or exemplary damages, or (ii) any loss of production, loss of profits, loss of savings or loss of revenue of any kind (whether direct, indirect or consequential). Furthermore, 11ecom's total liability for all damages, losses and causes of action shall in no event exceed an amount equal to the amount paid or payable by the Customer to 11ecom for the product that caused the damage, loss or cause of action.

1. Unless otherwise expressly agreed in writing, payment shall be made using one of the payment methods specified in the webshop, notwithstanding the provisions of § 7.5.

2. Payment in marketplaces is made to the marketplace operator using the payment methods offered by the marketplace operator.

3. The payment methods offered in web shops may vary depending on the customer's country. The accepted payment options are:

i. PayPal

ii. Amazon Pay via Stripe

iii. Giropay via Stripe

iv. Credit card via Stripe

v. SOFORT (Klarna) via Stripe

vi. Installment purchase (Klarna) via Stripe

vii. Invoice (Klarna) via Stripe

viii. Paydirekt via Stripe

ix. Google Pay via Stripe

x. Apple Pay via Stripe

xi. iDeal via Stripe

xii. Bancontact via Stripe

xiii. Cartes Bancaire via Stripe

xiv. EPS via Stripe

xv. Przelewy24 via Stripe

4. Payment via Klarna

When paying via Klarna, Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment options invoice, installment purchase and SOFORT. Payment is made to Klarna in each case:

i. Invoice: The payment period is 14 days from the date of shipment. The full terms and conditions for the countries in which this payment method is available can be found here:

Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice),

Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).

ii. Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the terms and conditions specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credits for the countries in which this payment method is available, can be found here (only available in the specified countries): Germany (https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/de_de/account), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account).

iii. SOFORT Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.

iv. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

v. Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).

For more information about Klarna, please visit (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna app can be found here (https://www.klarna.com/de/klarna-app/).

vi. The release of a payment via Klarna through Stripe may take 5-7 business days. The delivery period begins and the delivery of the order takes place after the release of the payment.

5. If the customer decides to pay the amount due with a third-party credit card or via an electronic payment system, the terms and conditions of the card issuer or bank shall apply. 11ecom is not a party to the relationship between the customer and the card issuer or bank. In addition, an external payment processing partner will facilitate the customer's payment through the customer's credit card issuer or bank. 11ecom does not process customer payments and only uses data relating to these customer payments that is provided by these third parties. Your credit card account will be debited upon conclusion of the contract. We reserve the right to verify the identity of the cardholder. To ensure that your credit or debit card is not being used without your consent, we will verify the information you provide during the order process (name, address and other personal information) against the information stored with the card provider and integrator. By accepting these terms and conditions, you agree that such checks may be carried out.

6. In the event of late payment, the client shall also pay interest on arrears in the amount of one and a half times (1.5) the statutory annual interest rate, calculated from the first day after the agreed payment deadline. 11ecom reserves the right to claim further damages due to this late payment.

1. Until full payment of all claims against the customer, including all existing ancillary claims, the delivered goods remain the property of 11ecom, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB). In the case of contracts with consumers, 11ecom reserves ownership until full payment of the purchase price.

2. The customer is not entitled to sell the goods to third parties or to take any other measures that could endanger 11ecom's ownership until the purchase price has been paid in full. The customer hereby assigns to 11ecom his future claims against the purchaser in the amount of the purchase price agreed between 11ecom and the customer, including interest and ancillary claims. 11ecom accepts this assignment.

1. German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the event that the buyer is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

2. The place of performance for all services arising from the business relationship with 11ecom GmbH is Cologne, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.

The seller is not obliged and in principle not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should any of these provisions – for whatever reason – not be applicable, this shall not affect the validity of the remaining provisions.