Terms and Conditions

1. Scope of Application

1.1. All deliveries, services, and offers of our company (entiendoo) are made exclusively on the basis of and subject to these General Terms and Conditions (GTC). We do not recognize any terms and conditions of the contractual partner that conflict with, deviate from, or supplement these GTC unless we have expressly agreed to their validity in writing or unless they have been agreed in writing between entiendoo and the customer in the individual case. If provisions of supplementary agreements prepared by us conflict with these GTC, the provisions of the supplementary agreements shall prevail.

1.2. By placing an order, the customer acknowledges the version of entiendoo's General Terms and Conditions that is valid at the time of the order.

1.3. Any promises or agreements that deviate from these GTC or from the contract, regardless of their nature, made by employees of entiendoo are legally ineffective unless they have been approved in writing by the management either beforehand or afterward. The same applies to discounts, price reductions, and any other promises of any kind.

1.4. For the purposes of these GTC, "consumers" are consumers as defined by the Austrian Consumer Protection Act (Konsumentenschutzgesetz).

2. Formation of the Contract

2.1. The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. Customers are invited to submit an offer to entiendoo to conclude a contract.

2.2. By clicking the "Place Order with Obligation to Pay" or "Buy" button, the customer submits a binding order for the goods contained in the shopping cart.

2.3. Confirmation of receipt of the order is sent immediately after submission by an automated email (order confirmation). This confirmation does not constitute acceptance of the contract.

2.4. A binding contract is concluded only when we accept the order by sending a separate shipping confirmation by email or by dispatching the goods to the customer.

3. Product Liability

3.1. Outside the scope of the Austrian Product Liability Act, entiendoo shall only be liable for damages where intent or gross negligence has been proven. Liability for slight negligence is excluded, as is compensation for consequential damages, financial losses, lost profits, loss of interest, and damages arising from claims made by third parties against the customer.

3.2. In consumer transactions, this limitation of liability does not apply to personal injury or damage to property that was accepted for processing. Any product liability claims based on provisions other than the Product Liability Act are excluded.

3.3. If the customer refuses the necessary cooperation required to remedy defects or faults in a product, entiendoo shall not be liable for any consequential damages resulting therefrom.

3.4. If the customer fails to report a defective product within a reasonable period, the customer shall bear all consequential damages caused by the defective product, and entiendoo shall be released from any liability arising from such damages.

4. Delivery and Performance Conditions

4.1. entiendoo will make every effort to meet the agreed delivery dates. However, if delays occur due to circumstances beyond entiendoo's control—particularly capacity shortages at suppliers, environmental influences, or delays attributable to shipping companies—the customer must grant an appropriate extension of time.

4.2. The delivery time indicated on the respective product page is an estimated, non-binding guideline. Minor deviations (5–7 days) do not give rise to claims of any kind. Customers will be informed of delays as soon as possible.

4.3. If delivery and/or the commencement of performance is delayed for reasons attributable to the customer, the applicable performance periods and deadlines shall be extended accordingly.

4.4. If delivery or performance cannot be completed within an additional grace period of 28 days following the end of the agreed deadline, the customer is entitled to withdraw from the contract by notifying entiendoo accordingly.

4.5. entiendoo is entitled to carry out deliveries of goods and other services related to the execution of the order itself or through commissioned third parties acting as subcontractors.

4.6. Deliveries and services shall be made to the address provided by the customer. If the customer provides incorrect, incomplete, or unclear information, the customer shall bear any resulting disadvantages.

4.7. The risk of loss or damage to the goods passes to the customer upon delivery at the agreed location or upon handover to the customer or the customer's authorized representative.

4.8. Delivery is made exclusively at the shipping costs displayed during the ordering process, which are to be borne by the customer, unless the customer is expressly exempted from shipping costs as part of a special promotion.

4.9. If delivery cannot be made on the agreed delivery date for reasons attributable to the customer, the customer must bear the shipping, delivery, and any other costs resulting from each additional delivery attempt. The risk of accidental loss or damage also passes to the customer after the first unsuccessful delivery attempt.

4.10. The customer undertakes to inspect the delivered goods within a reasonable period for conformity with the agreed specifications and for any defects. Defects or damage must be reported to entiendoo without undue delay. Business customers must notify entiendoo of any defects immediately, but no later than seven working days after becoming aware of them, otherwise warranty claims, claims for damages, and claims for adjustment or avoidance of the contract due to mistake shall be forfeited.

4.11. Regardless of whether actual damage has occurred or its extent, entiendoo is entitled, in the event of non-performance or improper performance of the agreed service, to charge a contractual penalty amounting to 10% of the agreed total price without having to prove actual damages. This provision does not apply to consumers.

4.12. Delivery periods do not commence before payment of the agreed purchase price, complete clarification of all implementation details, and the removal of any other obstacles attributable to the customer. The delivery deadline is deemed met if the goods are dispatched on time. For consumers, the deadline is only deemed met if the goods reach the consumer's sphere of control before the deadline expires.

4.13. Only where entiendoo is responsible for a delay in delivery may the contractual partner withdraw from the contract by granting an additional period for performance of at least two weeks, which must be provided in writing. Any other or additional claims, particularly claims for damages, are excluded unless the delay is due to gross negligence or intentional misconduct by entiendoo. This provision does not apply to consumers.

4.14. The customer shall take all necessary and appropriate measures to ensure that performance can be carried out smoothly and without delay.

5. Payment Terms / Prices

5.1. All prices shown are final prices in euros and include the applicable statutory value-added tax (VAT).

5.2. The prices displayed in the online shop remain valid as long as the customer fulfills their contractual obligations and, in particular, no delays or changes to the original order attributable to the customer occur.

5.3. Shipping costs are not included in the purchase price and are displayed separately during the ordering process.

5.4. The customer may use the payment methods offered in the online shop.

5.5. Payments are due immediately and must be made without deductions.

5.6. If a deposit has been agreed upon, entiendoo is only obliged to deliver the goods and/or perform the agreed services after receipt of the agreed deposit.

5.7. In the event of late payment, consumers shall be charged default interest at a rate of 4% per annum. Business customers shall be charged default interest at a rate of 14 percentage points above the applicable base interest rate per annum. The right to claim additional damages resulting from the delay remains unaffected.

5.8. If the payment deadline is exceeded, any granted benefits (in particular cash discounts and rebates) shall be forfeited.

5.9. The customer may only offset their own claims against claims of entiendoo if the counterclaims have been legally established by a court or expressly acknowledged by entiendoo. Consumers may also offset claims if the counterclaims are legally connected to the customer's payment obligation or in the event of entiendoo's insolvency.

5.10. If the customer breaches their contractual obligations, they shall reimburse entiendoo for all necessary out-of-court costs incurred for the appropriate enforcement of its legal claims, particularly collection or recovery costs, provided such costs are proportionate to the claim being enforced. For each reminder notice, a flat reminder fee of EUR 40.00 shall be charged, unless the customer is a consumer.

6. Guarantee

6.1. For certain goods, the manufacturer may provide a guarantee in favor of the customer.

6.2. Any claim under the manufacturer's guarantee is subject to the manufacturer's guarantee terms and conditions. No claims against entiendoo may be derived from the manufacturer's guarantee.

6.3. Compensation for the same underlying event may not be claimed multiple times under the legal bases of guarantee, statutory warranty, or damages, thereby preventing overcompensation.

7. Statutory Warranty

7.1. For business customers, the statutory warranty period is one year from the date of delivery. Delivery is deemed to occur upon handover to the business customer, one of its representatives or employees, or a shipping company.

7.2. If a defect exists and has been reported in due time, entiendoo shall, at its own discretion, primarily remedy the defect or replace the product. Consumers are entitled to choose between repair and replacement. If the requirements of Section 932(4) of the Austrian Civil Code (ABGB) are met, the customer may request a price reduction or, in the case of defects that are not merely minor, rescission of the contract. Consumers may also resort to the secondary warranty remedies in the cases provided for under Section 12(4) of the Austrian Consumer Warranty Act (VGG).

7.3. For consumers, the statutory warranty period is two years from the date of delivery. Delivery is deemed to occur when the goods are handed over to the consumer or the consumer's authorized representative.

7.4. Any guarantee extending beyond the statutory warranty exists only if it is expressly stated in the product description.

8. Exclusion of Liability

8.1. No liability is accepted for damage caused by force majeure, or for damage or defects resulting from improper maintenance, use, or operation, or for normal wear and tear that does not affect the functionality of a product.

8.2. Where the disclosure of specifications is required as part of placing an order, the customer is solely responsible for the accuracy of those specifications.

8.3. entiendoo products may only be used for the contractually agreed purposes and for the purposes intended by the manufacturer. Operating manuals and instructions for use must always be observed.

8.4. Claims for damages by business customers must be asserted in court within six months from the date on which the damage and the identity of the liable party became known; otherwise, such claims shall lapse.

9. Retention of Title

9.1. The goods shall remain the property of entiendoo until the purchase price and all associated costs and expenses have been paid in full.

9.2. Resale of the goods is permitted only if the customer informs entiendoo in advance of the name (or company name) and the full business address of the subsequent purchaser, and entiendoo consents to the resale. If entiendoo grants its consent, the purchase price claim shall be deemed assigned to entiendoo, and entiendoo shall be entitled at any time to notify the third-party debtor of this assignment.

9.3. If goods subject to retention of title are seized in the course of enforcement proceedings, the customer is obliged to notify entiendoo immediately, inform third parties that the goods remain the property of entiendoo under a retention of title, and take all reasonable measures to prevent such enforcement.

10. Information on the Right of Withdrawal under Section 11 FAGG

10.1. The provisions of this section apply exclusively to consumers.

10.2. Pursuant to Section 11 of the Austrian Distance and Off-Premises Contracts Act (FAGG), a consumer may withdraw from a distance contract or an off-premises contract within 14 days without stating any reason. The commencement of the withdrawal period is determined by Section 11(2) FAGG. As a general rule, the withdrawal period begins on the day the customer, or a third party designated by the customer, takes possession of the goods.

10.3. The withdrawal period is deemed observed if the notice of withdrawal is sent before the expiry of the applicable deadline.

10.4. If, when returning the goods, the consumer has expressly chosen a method of delivery other than the least expensive standard delivery offered by entiendoo, the consumer shall not be entitled to reimbursement of the additional costs incurred.

10.5. If the consumer withdraws from a purchase contract or any other contract for the purchase of goods for consideration pursuant to Section 11(1) FAGG, the consumer must return the received goods to entiendoo without undue delay and no later than 14 days after submitting the notice of withdrawal. The deadline is met if the goods are dispatched before the expiry of the 14-day period.

10.6. The consumer shall bear the direct costs of returning the goods.

10.7. The consumer shall compensate the seller for any diminished value of the goods if such loss in value results from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.

10.8. If the customer validly withdraws from the contract in accordance with these provisions, entiendoo shall reimburse any payments received without undue delay and no later than 14 days after receipt of the notice of withdrawal. The reimbursement shall be made using the same payment method that the customer used for the original transaction.

10.9. Reimbursement may be withheld until the customer has either returned the goods or provided proof that the goods have been sent back to entiendoo, whichever occurs first.

11. Exceptions to the Consumer's Right of Withdrawal

11.1. Pursuant to Section 18(1)(3) FAGG, the right of withdrawal described in Section 10 does not apply to goods that are manufactured according to the customer's specifications or clearly tailored to the customer's personal needs.

11.2. This exception applies to all hearing aids, wearables, hearing amplifiers, and other products that are individually adjusted and calibrated by our hearing aid acoustician before shipment.

11.3. The right of withdrawal also does not apply to sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. This includes all in-ear components worn directly in the ear canal, provided they were supplied in sealed packaging.

11.4. For all products that do not fall under any of the exceptions described in this section, the right of withdrawal pursuant to Section 11 FAGG applies in full, provided the statutory requirements are met.

12. Communication

The customer agrees that invoices will primarily be issued electronically and transmitted by email or other electronic means of communication in a durable format. Paper invoices will only be issued upon the customer's explicit request and free of charge. entiendoo is entitled to contact the customer using the email addresses and telephone numbers provided by the customer.

13. Applicable Law and Jurisdiction

13.1. Austrian law shall apply, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13.3. entiendoo is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13.4. The place of jurisdiction is Vienna, Austria.

14. Data Protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act. For comprehensive information regarding data protection matters, please refer to the Privacy Policy available on our website at www.entiendoo.com/de/datenschutz.

15. Disclaimer Regarding Medical Devices

15.1. Hearing aids qualify as medical devices within the meaning of Article 2(1) of the EU Medical Devices Regulation (EU) 2017/745 (MDR) and the Austrian Medical Devices Act (MPG).

15.2. Only products explicitly designated as "hearing aids" are medical devices within the meaning of the MDR, and all products listed under that designation bear a CE marking in accordance with Article 2(43) MDR.

15.3. Only products explicitly designated as hearing aids may be used for the relief, treatment, or compensation of auditory medical conditions such as hearing loss, impaired hearing, or tinnitus.

15.4. Under Annex VIII, Chapter III, Rule 9 of the MDR, hearing aids are classified as Class IIa medical devices (medium-risk devices), as they are invasively worn in or on the ear, are intended for long-term use, and may have a physiological effect.

15.5. All products that are not designated as "hearing aids" or "medical devices" (collectively referred to as "non-medical devices") are intended solely for general hearing support and sound amplification and are not intended for any medical purpose. In particular, these products are not intended to relieve, compensate for, or treat auditory medical conditions such as tinnitus, impaired hearing, or hearing loss. Non-medical devices are also not intended to provide therapeutic support for such conditions. Even in cases of mild hearing difficulties, non-medical devices cannot replace a conventional hearing aid. They are intended only to improve comfort in specific everyday situations and are not suitable as a permanent hearing solution.

15.6. Non-medical devices must therefore be clearly distinguished from medical devices. Products such as hearables and hearing amplifiers may assist in perceiving environmental sounds in certain everyday situations. They serve only supportive functions intended to improve general quality of life and are not designed to compensate for a biological deficit or physical impairment.

16. Hearing Tests

16.1. The results of our hearing tests are not to be regarded as a medical diagnosis and do not, under any circumstances, replace a comprehensive medical examination by a qualified physician. The hearing tests are intended solely as an initial orientation and self-assessment. In particular, they cannot diagnose auditory medical conditions such as hearing impairment, hearing loss, or tinnitus, nor do the results imply any medical indication.

16.2. The hearing tests do not include a clinical hearing threshold assessment, do not classify the severity of any condition, and do not provide a medical evaluation. They merely measure a physical parameter.

16.3. The results of a hearing test may indicate a possible need for hearing support. The test is intended as a lifestyle application that may contribute to general well-being.

16.4. If the hearing test results indicate an abnormality, we always recommend seeking prompt evaluation by an ENT (ear, nose, and throat) specialist.

17. Licensed Hearing Aid Acousticians

17.1. All hearing tests and device adjustments are performed by Mein Hörstudio MH GmbH. Mein Hörstudio MH GmbH carries out audiometric testing, technical fitting of hearing aids, as well as the calibration and selection of suitable devices. Mein Hörstudio MH GmbH is not authorized to identify, medically assess, or diagnose diseases or medical conditions. Its hearing aid acousticians possess technical, not medical, qualifications.

17.2. For all products labeled "checked by hearing aid acousticians," an individual professional inspection and/or adjustment is carried out by Mein Hörstudio MH GmbH.

18. Disclaimer Regarding entiendoo's Information Platform

18.1. All health-related information provided is of a general nature and does not relate to the specific circumstances of individual users.

18.2. The health-related information does not constitute an individual diagnosis, does not prescribe medical treatment, and is provided solely for informational purposes.

18.3. Any product recommendations provided by entiendoo are to be regarded strictly as lifestyle or purchasing recommendations and do not have a medical or diagnostic character, as they are not based on medical or scientific findings. Our recommendations relate to everyday situations and are intended solely to improve user comfort.

18.4. Products recommended by entiendoo do not replace medical care under any circumstances. No diagnostic conclusions may be drawn from the type of product recommended.

19. Important Information About Our Dietary Supplements

Dietary supplements do not replace medication or medical treatment. If symptoms or health complaints occur, a physician should always be consulted. Supplements may have a supportive effect in cases of nutritional deficiencies and may generally contribute to overall physical and mental well-being. They are not intended for the treatment, relief, or therapeutic support of diagnosed medical conditions.