Terms and Conditions
The client enters into a contract with EARSandEYES GmbH as the contractor, represented by Frank Lüttschwager, Haus am Fleet, Steinhöft 5-7, 20459 Hamburg.
Details in accordance with § 2(1) DLInfoVO:
The contractor is entered in the commercial register of Amtsgericht Hamburg under HRB-No. 76621. Its VAT registration number is DE812919940.
No legal permission is required in order to carry out the activities of the service provider, nor is the profession regulated.
Subject of the contract:
A service contract is concluded between the two parties for the provision of services in the field of market research. The precise scope of the market research service provided has been determined by the customer through the configuration of the page offering the service.
Under this contract, EARSandEYES GmbH undertakes to provide the agreed service. The customer undertakes to pay the agreed fee.
Conclusion of the contract:
The contract is concluded as an e-commerce transaction via the website of EARSandEYES GmbH. The precise scope of the services is determined by the customer using the configurator. After completing the configuration and entering the customer address and the invoicing address, the customer submits a binding offer to enter into a service contract. This occurs when the “Order” button is activated.
The order process consists of the following steps:
- A test is selected and configured as required (type of test, number of monads, etc.)
- All entries are then checked and reviewed
- The correctness of the data is confirmed
- The invoicing address is entered
- Payment is made via PayPal or a voucher
- The order is place by clicking the button “Complete the purchase”
- The user will receive an e-mail confirming that the purchase has been successfully completed.
- The invoice is attached to the e-mail confirming the purchase in the form of a PDF file.
- Once the purchase has successfully been completed, the test will be available in the user account and must be launched manually
- The user will receive an e-mail confirming that the survey has been launched.
- In surveys conducted within our panel, the project is completed as soon as the requested sample size has been reached.
- The results are available on the user’s Live Dashboard.
- In the case of external surveys, the user must end the survey himself.
All the prices displayed while ordering the test are net amounts, on top of which the appropriate VAT is due. No additional fees or expenses will be charged on top of the final prices.
The contract only comes into force once the order has been confirmed (e-mail confirming the purchase). If EARSandEYES GmbH is not able to provide the service ordered, either for causes within EARSandEYES GmbH or due to force majeure, EARSandEYES GmbH will inform the customer immediately of this fact. In such cases, any payments already made will be refunded in full.
Subject of the contract:
A service contract is concluded between the two parties for the provision of services in the field of market research. The precise scope of the market research service provided has been determined by the customer through the configuration of the page offering the service.
By entering into this contract, EARSandEYES GmbH undertakes to provide the agreed service. The customer undertakes to pay the agreed fee.
Payment of fee and due date:
The service must be paid for in advance using the method of payment specified by EARSandEYES GmbH. The service ordered must be paid for in advance through the payment service PayPal.
Duration of contract and termination:
The service contract entered upon ends with the provision of the intended service. EARSandEYES GmbH will begin to carry out the ordered services immediately after the conclusion of the contract, and as a rule it will make a report of the results available after one week. The service contract cannot be terminated before the service has been completed. In particular, the right of cancellation according to § 627 BGB is excluded.
The results of the market research will be sent to the customer as quickly as possible. EARSandEYES GmbH reserves the right to observe a standard delivery period of 1 week in reporting the results. Briefly exceeding the standard delivery period does not entitle the customer to withdraw from the contract. Claims for damages on account of exceeding the delivery period are excluded. Payment of fee and due date:
The service must be paid for in advance using the method of payment specified by EARSandEYES GmbH. The service ordered must be paid for in advance through the payment service PayPal.
Disclaimer:
The contractor rules out any liability based on defects in the service. This also applies to the representatives and assistants of the contractor. This shall not extend to claims for damages on the part of the customer due to damage to life, body or health or essential obligations under the contract which must necessarily be fulfilled in order to fulfil the goal of the contract. Similarly, this shall not apply to claims for damages on account of gross negligence or deliberate breach of duty, in particular no liability will be assumed for the timely delivery of the results report.
Copyright:
The results report compiled by EARSandEYES GmbH is only intended for the internal use of the customer. Any reproduction or other distribution in electronic media or in any other form is prohibited without the consent of EARSandEYES GmbH.
The customer shall be responsible for ensuring that any images uploaded to the survey are licensed for this purpose.
Applicable law:
This contract shall be governed by the laws of the Federal Republic of Germany, to the exclusion of German conflict of law provisions.
Alternative settlement of disputes:
In the event of a dispute within the scope of alternative dispute resolutions, the following would be responsible: https://webgate.ec.europa.eu/odr/main/?event=main.adr.show&reload=false
EARSandEYES GmbH wishes to point out that EARSandEYES GmbH does not participate in such dispute resolution procedures. It is therefore under no legal obligation to do so.
Venue and jurisdiction:
The venue for all disputes arising from this contract is the headquarters of the contractor, that is Hamburg. This only applies to the extent that the customer is not a consumer. The language of the contract shall be German. If any provision of the contract or of these Terms and Conditions should be found to be or become ineffective, or if the contract should prove to be incomplete, the remaining provisions of the contract shall remain unaffected by this. In addition, the statutory regulations shall apply.
Right of withdrawal:
No contractually agreed right of withdrawal shall exist. The service provided by EARSandEYES GmbH is not intended for consumers. In particular, the customer as a company shall not be entitled to a right of withdrawal according to § 312(g) BGB.
Consumers are entitled to withdraw their contractual declaration under the terms of the following declaration:
Declaration on the right of withdrawal, exclusion of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without stating reasons. The withdrawal deadline is 14 days from the date on which the contract was concluded.
In order to exercise your right of withdrawal, you must inform us
EARSandEYES GmbH
Haus am Fleet, Steinhöft 5-7
20459 Hamburg
Fax: +49 40 8222 40 440
e-mail: info@earsandeyes.com
of your decision to withdraw from this contract by issuing a clear declaration (e.g. a letter sent by post, telefax or e-mail). You may use the enclosed Standard Withdrawal Form, although this is not required.
In order to meet the withdrawal deadline, it is sufficient that you should send off the notification that you are exercising your right of withdrawal before the deadline has expired.
Consequences of withdrawal
If you withdraw from this contract, we must refund you for all payments we have received from you, including the delivery costs (except for additional costs resulting from your having chosen a different form of delivery from the standard delivery offered by us), promptly and at the latest within fourteen days of the day on which we receive the notification of your withdrawal from the agreement. We will use the same means of payment to make this refund as was used in the original transaction, unless we have specifically agreed otherwise with you. In no case will you be expected to pay charges on this refund.
If you have demanded that the service commence before the withdrawal deadline, you are obliged to pay us an appropriate amount of money which corresponds to that portion of the service already performed by us at the time you exercise your right of withdrawal compared with the overall scope of the service intended by the contract.
End of the Declaration on the Right of Withdrawal
