1. scope of application

These General Terms and Conditions (hereinafter „GTC“) apply to all orders placed through our online store by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their independent professional activities. A business operator is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

2. contract partner

Your purchase contract is concluded with:

Orphit
Owner (sole proprietorship)

E-Mail:

Phone:

Value-Added Tax Identification Number pursuant to Section 27a of the German Value-Added Tax Act (UStG): DE365615051
WEEE Registration No.: DE 87753458
Batt Registration No.: DE 33056076

3. contract formation

3.1 Non-binding product presentation

The presentation of products in our online store does not constitute a binding offer; rather, it serves as a non-binding online catalog.

3.2 Order process and acceptance

By clicking the „Place Order“ button, you are submitting a binding offer to enter into a purchase agreement. The agreement is concluded as soon as we confirm your order via email (order confirmation).

3.3 Custom-Made Products (Custom-Fitted In-Ear Monitors)

Along with your order confirmation, you will receive instructions for taking an impression. For the custom-made Orphit in-ear monitors, an ear impression is required, which you can have taken at a hearing care professional of your choice. The impression must be taken according to our instructions; only then can production begin. The resulting digital impressions/scans must be sent to us with your name included. Please note that we cannot process incomplete or illegible impressions/scans.

4. Right of Withdrawal

4.1 No Right of Withdrawal for Custom-Made Products

All Orphit in-ear headphones offered are custom-made based on the unique geometry of your ears and, therefore, tailored to your personal specifications and specifically designed to meet your individual needs. Pursuant to Section 312g(2)(1) of the German Civil Code (BGB), in the case of contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs, No right of withdrawal. We hereby expressly draw your attention to this exclusion prior to the conclusion of the contract. You are entering into this contract with full knowledge of this exclusion.

4.2 Cancellation Policy

You can find our cancellation policy, including the sample cancellation form, at https://www.orphit.de/widerrufsbelehrung/.

4.3 Legal Rights

Your statutory warranty rights remain unaffected by these provisions.

5. prices & shipping

All prices include the applicable value-added tax. There are no shipping costs for custom-made products within Germany. Shipping costs for international deliveries will be displayed before you complete your order.

6. delivery

Custom in-ear monitors are manufactured only after we receive and review your ear impressions or scans. Production typically takes two to four weeks from the time we receive your ear geometry; delivery is then made via DPD.

Delivery within Germany is handled by DPD. International deliveries are subject to availability. Any different delivery times are listed on the respective product page.

7. payment

You can pay by bank transfer, PayPal or credit card.

• Prepayment: We will provide you with our bank account information in the order confirmation. The merchandise will be shipped once payment is received.
• PayPal: Payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A. Their Terms of Service apply.
• Credit card: Payments made with Visa or Mastercard are processed through our payment service provider, Stripe Payments Europe, Ltd.

8. reservation of title

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

9. claims for defects

The statutory rights regarding defects pursuant to Sections 434 et seq. of the German Civil Code (BGB) apply. For consumers, claims for defects are subject to a two-year statute of limitations beginning on the date of delivery of the goods. These Terms and Conditions do not limit your statutory rights. We are not liable for normal wear and tear or improper use, to the extent permitted by law.

10. Warranty

10.1 Fit Guarantee

We offer a three-month warranty on the fit of custom-made in-ear headphones. If a problem with the fit arises within this period, the in-ear headphones will be adjusted or reworked after inspection, provided a reasonable explanation is given.

10.2 Technical Warranty

Technical components such as drivers or electronics are covered by a 24-month warranty starting from the date on the delivery slip. The warranty covers only defects attributable to material or workmanship defects.

10.3 Exclusions from the Warranty

• Normal wear and tear from use
• Damage caused by improper handling or excessive use
• Direct contact with water, since Orphit units are not normally designed for this
• Mechanical damage (e.g., caused by drops, improper cleaning, or modifications)
• Color changes caused by environmental factors such as sweat, sunlight, or chemicals
• Damage caused by unauthorized repairs or tampering by third parties
• Accessories such as cables, ear tips (domes), clips, Smart Caps, or packaging
• Damage resulting from use in road traffic, during sports activities with an increased risk of injury, or other high-risk activities

10.4 Procedure in the Event of a Warranty Claim

You'll need the proof of purchase, a description of the problem, and a securely packaged return shipment.

11. Liability

Our liability is limited to cases of willful misconduct and gross negligence. In the event of a breach of material contractual obligations (cardinal obligations), we are also liable in cases of slight negligence, but only for foreseeable damages typical for this type of contract.

Liability for damages resulting from injury to life, body, or health, as well as liability under the Product Liability Act, remains unaffected.

Any further liability is excluded to the extent permitted by law.

12. Safety and Usage Instructions

Custom-made in-ear headphones provide strong, natural noise isolation thanks to their snug fit. This significantly reduces or completely blocks out ambient noise. Please note:

• Important warning signals, announcements, sirens, or emergency calls may not be heard at all or may be heard only very faintly. Therefore, exercise appropriate caution when wearing in-ear headphones while out on the road or in places where safety-related signals are present.
• Excessive volume can cause permanent hearing damage. Avoid high volumes for extended periods of time.
• If you have sensitive ears, pressure points or irritation may occur. If you experience any discomfort or feel unwell, stop using the product and consult a doctor if necessary.
• Wearing them for long periods of time can lead to ear infections. Keep your earbuds clean and let your ears air out regularly.

13. Battery Act (BattG) and Electrical and Electronic Equipment Act (ElektroG)

Batteries and rechargeable batteries do not belong in household trash. The symbol of the crossed-out trash can indicates that separate disposal is required. You can return batteries and old devices to municipal collection points or at retail stores. As a manufacturer of electrical appliances, we are registered under WEEE Reg. No. DE 87753458.

14. Severability Clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

15. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes with business entities is Nuremberg. This agreement on the place of jurisdiction does not apply to consumers; for them, the statutory place of jurisdiction applies.

16. Dispute Resolution

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the VSBG).

As of August 2026