General Terms and Conditions (AGB)

1. scope of application

These Terms and Conditions apply to all orders placed through our online shop by consumers. You are considered a consumer if you are a natural person and your purchase does not primarily serve commercial or independent professional purposes. Additional jurisdiction-specific terms apply as outlined below.

2. contract partner

Your purchase contract is concluded with:
Orphit
Julian Galm

E-Mail:

phone:

3. contract formation

3.1 Non-binding product presentation

Product presentations in our online shop are not binding offers but serve as a non-binding online catalog.

3.2 Order process and acceptance

By clicking on "Order with obligation to pay", you submit a binding purchase offer. The contract is concluded as soon as we confirm your order by e-mail.

3.3 Custom Manufacturing (e.g., custom-made in-ears)

You will receive impression instructions with the order confirmation. You can then make an appointment with an acoustician for the ear impression. Customization can only begin if the instructions are followed. The impressions/scans created must be sent to us digitally. The name of the sender must be noted when sending the impressions/scans. We would like to point out that incomplete impressions/scans cannot be processed by us.

4. right of withdrawal & guarantee

4.1 No right of withdrawal for customized products

Since custom products are manufactured according to your individual specifications, there is no right of withdrawal in accordance with applicable consumer protection laws.

4.2 Warranty for custom-made in-ears

We offer non-warranty repairs at a reasonable price!

We grant a 3-month guarantee on the fit and fit of custom-made in-ears. If problems with the fit occur within this period, the in-ears can be adjusted or reworked after checking and stating a comprehensible reason. Technical components such as drivers or electronics are covered by a 24-month warranty from the date of delivery. The warranty only covers defects that are attributable to material or processing faults.

Exclusions from the warranty:
- Natural wear and tear through use
- Damage due to improper handling or excessive use
- Orphit are not normally designed for direct contact with water
- Mechanical damage (e.g. due to falls, improper cleaning or modifications)
- Color changes due to environmental influences such as sweat, sunlight or chemical substances
- Damage caused by unauthorized repairs or interventions by third parties
- Accessories such as cables, earpieces (domes), clips, smart caps or packaging
- Damage caused by use in road traffic, during sporting activities with an increased risk of injury or other high-risk activities

4.3 Procedure in the event of a warranty claim

Required: Proof of purchase, problem description, securely packaged return.

5. prices & shipping

All prices include the statutory value added tax. There are no shipping costs within Germany for customized products. International shipping costs are displayed before the order is completed.

6. delivery

Delivery within Germany with DHL. International deliveries subject to availability. Delivery time up to 4 weeks, different delivery times are listed on the product page.

7. payment

You can pay by bank transfer, PayPal or credit card.
- Prepayment: Bank details in the order confirmation, dispatch after receipt of payment
- PayPal: Processing via PayPal (Europe) S.à r.l. et Cie, S.C.A. in accordance with their terms of use
- Credit card: We accept Visa and MasterCard. Chargebacks lead to additional costs

8. reservation of title

The goods remain our property until full payment has been made.

9. claims for defects

The statutory warranty rights apply in accordance with §§ 434 ff. BGB APPLY. We are not liable for normal wear and tear or improper use, insofar as this is legally permissible.

10 Liability and compensation

10.1 Our liability is limited to intent and gross negligence. In the event of a breach of material contractual obligations (cardinal obligations), we shall also be liable for slight negligence, but only for the foreseeable damage typical of the contract.

10.2 Liability for damages arising from injury to life, limb or health and under the Product Liability Act remains unaffected.

10.3 Any further liability is excluded.

11 Critical safety warnings and disclaimer

⚠️ IMPORTANT SAFETY INSTRUCTIONS - PLEASE READ CAREFULLY:

11.1 Strong natural noise isolation (NNR - Natural Noise Reduction)
Orphit in-ears offer exceptionally strong natural noise isolation thanks to their customized fit. This significantly reduces or completely blocks out ambient noise. This can mean that important warning signals, announcements, emergency calls or other safety-related noises are not heard or are only heard at a very low level.

11.2 Explicitly prohibited and dangerous types of use
The use of Orphit in-ears is expressly prohibited in the following situations and is exclusively at the user's own risk and responsibility:

- Road traffic of any kind: Driving a car, motorcycle, bicycle or as a pedestrian in road traffic
- Public transportation: Railroad stations, subway stations, airports with important announcements
- Workplaces with safety risks: Construction sites, factories, workshops with machine noises
- Sport with an increased risk of injury: Climbing, skiing, water sports with potential dangers
- Emergency situations: Areas where fast communication could be vital

11.3 Health risks
- Excessive volume can lead to permanent hearing damage
- Pressure points or irritation can occur in sensitive ears
- Prolonged wearing can lead to ear infections or discomfort
- If problems occur, discontinue use immediately and consult a doctor

11.4 Complete exclusion of liability for high-risk use
To the extent permitted by law, we exclude any liability for damages arising from the following types of use:

- Use in road traffic or public spaces with safety risks
- Overhearing warning signals, sirens, announcements or emergency calls
- Accidents or injuries due to impaired perception of the surroundings
- Damage due to excessive volume or improper handling
- All direct and indirect consequential damages from risky use

11.5 Personal responsibility of the user
By purchasing and using the Orphit in-ears, you confirm that you have been fully informed about the particular risks of strong noise isolation and that you consciously accept these risks. You use the in-ears exclusively at your own risk.

12. technical application advice

The user is obliged to observe our safety instructions for the proper use of in-ear headphones. Individual acoustic perception should be carefully assessed and excessive volume exposure should be avoided. In case of health problems or doubts, it is strongly recommended to consult a doctor or hearing care professional.

Excessive or improper use of in-ear headphones can lead to increased sensitivity to noise or other hearing impairments.

13 Battery Act (BattG)

Do not dispose of batteries in household waste. This is indicated by the crossed-out dustbin symbol. Batteries can be returned to collection points or retailers.

14. website disclaimer

We update our website regularly, but cannot guarantee that it is free of errors. Please inform us of any outdated or incorrect content. The use of our content is only permitted with our written permission.

15. severability clause

Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision.

16 Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is Nuremberg, to the extent permitted by law.

Status: September 2025