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​General Terms & Conditions of Business

Sil­hou­ette Inter­na­tion­al Schmied AG
Last updat­ed: Octo­ber 2018

The fol­low­ing gen­er­al terms and con­di­tions of busi­ness (“Ts&Cs”) apply to all con­tracts con­clud­ed with con­sumers at our online store www​.neubau​-eye​wear​.com. These con­tain gen­er­al legal infor­ma­tion about your rights regard­ing dis­tance sell­ing and e-com­merce and list all the con­di­tions under which Sil­hou­ette Inter­na­tion­al Schmied AG con­cludes con­tracts with cus­tomers.

Sil­hou­ette reserves the right to amend the Ts&Cs at any time. An updat­ed ver­sion of the present Ts&Cs will be avail­able to cus­tomers at all times in the web­site.

1. Scope


1.1 The con­trac­tu­al part­ner and oper­a­tor of the online store is Sil­hou­ette Inter­na­tion­al Schmied AG (“Sil­hou­ette” or we”), Ell­bogn­er­straße 24, 4021 Linz, Aus­tria, Tel: +43(0)7323848 – 0, con­tact e-mail address es.​neubau.​service@​silhouette-​international.​com. The Com­pa­ny is reg­is­tered in Aus­tria (com­pa­ny reg­is­ter num­ber 78436 y), with Tax/​VAT iden­ti­fi­ca­tion nº ATU36926403 & DE309805191.

1.2 These Ts&Cs alone gov­ern the sale and deliv­ery of all items in the online store. Before plac­ing an order, the cus­tomer is giv­en the oppor­tu­ni­ty to review the Ts&Cs — and to save and print them in due course. To con­clude an order, the cus­tomer must accept the Ts&Cs by tick­ing the appro­pri­ate box, which applies to the full con­tents of the con­tract. Ts&Cs that con­tra­dict or dif­fer from these do not apply. For any order of phys­i­cal goods, the Ts&Cs cur­rent at the time of the order apply. Any lat­er amend­ments do not impact a sale that has already been com­plet­ed. You can refer to the cur­rent Ts&Cs at any time by vis­it­ing [Ts&Cs] on our web­site.

1.3 In the doc­u­ment below, any ref­er­ences made to con­sumers indi­cate indi­vid­u­als (or legal enti­ties) and part­ner­ships with legal capac­i­ty that com­plete a trans­ac­tion for a pur­pose that does not relate to the com­pa­ny they work for (or own). The pur­pose for order­ing does not relate to any com­mer­cial, entre­pre­neur­ial or free­lance activ­i­ty. On the oth­er hand, traders are under­stood to be indi­vid­u­als, legal enti­ties or part­ner­ships with legal capac­i­ty for whom the trans­ac­tion is busi­ness-relat­ed. The dif­fer­ence between con­sumers and traders is defined by the Span­ish Con­sumer Pro­tec­tion Act (R.D. 1/2007), and the Com­mer­cial Code. A com­pa­ny is any organ­i­sa­tion involved in inde­pen­dent eco­nom­ic activ­i­ty for a sig­nif­i­cant dura­tion, even if it is not prof­it-ori­en­tat­ed. With regard to reg­u­la­tions per­tain­ing to these Ts&Cs, reg­is­tered com­pa­nies (in Spain) and cor­po­rate bod­ies under pub­lic law are always regard­ed as traders.

2. Offers and Con­clud­ing a Con­tract


2.1 After enter­ing your details, accept­ing the Ts&Cs and com­plet­ing your order by click­ing the Order and pay” but­ton, you will be sent an order con­fir­ma­tion by e-mail that con­tains the Ts&Cs as an attach­ment. The e-mail is gen­er­at­ed auto­mat­i­cal­ly and is not con­fir­ma­tion that the con­tract has been con­clud­ed. Sil­hou­ette will then accept the customer’s con­tract offer in a sep­a­rate e-mail, a dis­patch con­fir­ma­tion or by send­ing the goods. Sil­hou­ette is not oblig­ed to con­clude a con­tract with the cus­tomer. The prod­uct port­fo­lio found in the online store should be viewed not as an offer to the cus­tomer, but as a gen­er­al overview that enables the cus­tomer to send an offer to Sil­hou­ette. The customer’s order is bind­ing as soon as it is sub­mit­ted.

There­fore, a con­sumer who acquires the prod­ucts in the Online Shop acknowl­edges to have read the present Ts&Cs and ful­ly accepts them with­out reser­va­tions.

2.2 You can cre­ate a cus­tomer account at Login to save your data for future pur­chas­es. The cus­tomer por­tal also enables you to view fur­ther infor­ma­tion, such as your pre­vi­ous trans­ac­tions. Once you have cre­at­ed a cus­tomer account, you can access it at any time using your e-mail address and per­son­al pass­word. How­ev­er, reg­is­tra­tion is not manda­to­ry and you can pur­chase prod­ucts with­out cre­at­ing a cus­tomer account by choos­ing the option Pro­ceed as guest”.

2.3 The prod­uct port­fo­lio avail­able in our online store com­pris­es neubau mod­els from the neubau eye­wear” col­lec­tion, which are also suit­able for cor­rec­tive lens­es.

2.4 The online prod­uct cat­a­logue is active­ly man­aged and kept updat­ed by Sil­hou­ette. How­ev­er, we can­not com­plete­ly rule out any mis­takes or errors (e.g. in terms of prod­uct avail­abil­i­ty or prod­uct descrip­tions). Mis­takes and errors will be cor­rect­ed as soon as we are made aware of them. Prod­ucts can be reserved by using the but­ton Add to shop­ping bas­ket”. This is non-bind­ing and the items can be removed at any time by click­ing the but­ton Delete item” (Please note that this does not affect the future avail­abil­i­ty of the prod­uct). Click­ing the Buy” but­ton takes you from your shop­ping bas­ket to the order screen, where you can com­plete your order by select­ing your pre­ferred pay­ment method.

3. Pay­ment


3.1 The pay­ment process is ini­ti­at­ed when you choose your pre­ferred pay­ment method. We accept pay­ments by Pay­Pal, cred­it card and instant bank trans­fer. We also reserve the right – either for a tem­po­rary peri­od or per­ma­nent­ly – not to make spe­cif­ic pay­ment meth­ods avail­able and to ask you to use oth­er (more up-to-date) pay­ment meth­ods.

3.2 When choos­ing the Pay­Pal pay­ment option, you will be redi­rect­ed onto the web­site of the online pay­ment ser­vice provider Pay­Pal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boule­vard Roy­al, L-2449 Lux­em­bourg (“Pay­Pal”), where you will type in your pay­ment details and con­firm that you want to pro­ceed with the trans­ac­tion. Please be aware that you need a Pay­Pal account to use the ser­vice, and that we have no con­trol over the stor­age, pro­cess­ing and usage of your (pay­ment) data. After you con­firm the pay­ment on Pay­Pal, we will accept your offer to con­clude the con­tract. You will be charged after the order is com­plet­ed. Please also refer to PayPal’s own Ts&Cs and pri­va­cy pol­i­cy at https://​www​.pay​pal​.com/​a​t​/​w​e​b​a​p​p​s​/​m​p​p​/​u​a​/​l​e​g​a​l​h​u​b​-​f​u​l​l​?​l​o​c​a​l​e​.​x​=​de_AT.

3.3 When choos­ing the cred­it card option, you will be asked to give us your cred­it card details. Your details will then be checked and you will be ver­i­fied as the legit­i­mate card own­er. At this point, we will accept your offer to con­clude the con­tract and ask your cred­it card com­pa­ny to ini­ti­ate the pay­ment trans­ac­tion. Your cred­it card com­pa­ny will car­ry out the pay­ment trans­ac­tion auto­mat­i­cal­ly and your card will be charged after the order has been com­plet­ed.

3.4 When choos­ing the instant bank trans­fer option, you will be redi­rect­ed to the web­site of SOFORT GmbH, There­sien­höhe 12, 80339 Munich (“SOFORT”). Please note that to use the ser­vice you will need an online bank­ing account with instant bank trans­fers enabled. You must then ver­i­fy your iden­ti­ty with PIN/TAN ver­i­fi­ca­tion and con­firm the pay­ment. Please also be aware that SOFORT gives us no con­trol over the stor­age, pro­cess­ing and usage of your (pay­ment) data. After we receive the pay­ment con­fir­ma­tion from SOFORT, we will accept your offer to con­clude the con­tract and release the order. You will receive fur­ther instruc­tions dur­ing the order process. Please also give due atten­tion to SOFORT’s pri­va­cy pol­i­cy, which you will be noti­fied about when you use the ser­vice.

4. Right of can­cel­la­tion / Right of With­draw­al


4.1 You have the right to with­draw from a con­tract with­in four­teen (14) cal­en­dar days with­out giv­ing your rea­sons for doing so. The can­cel­la­tion peri­od begins as soon as you — or a third per­son nom­i­nat­ed by you (who is not the car­ri­er) — has tak­en pos­ses­sion of the lat­est items. To exer­cise your right of can­cel­la­tion, please send a writ­ten dec­la­ra­tion (e.g. let­ter or email) to the address giv­en in Point 11 or use the pro­vid­ed can­cel­la­tion form. To exer­cise your right, it is suf­fi­cient to send noti­fi­ca­tion before the end of the can­cel­la­tion peri­od.

4.2 If you can­cel the con­tract, we will reim­burse all pay­ments received from you with­in a peri­od no high­er than four­teen (14) cal­en­dar days after the date on which we receive your notice of can­cel­la­tion. We will reim­burse you using the same pay­ment method you used to com­plete the trans­ac­tion (unless we have explic­it­ly agreed oth­er­wise). The same applies to all deliv­ery costs, except if the cus­tomer has cho­sen a dif­fer­ent deliv­ery ser­vice than the most cost-effec­tive stan­dard deliv­ery option offered by us. Sil­hou­ette will bear the costs for the imme­di­ate return of the items. You will nev­er be charged addi­tion­al fees for the pur­pos­es of reim­burse­ment. To return your items, please use the returns form sent with your order and send the goods to PVS ZMD GmbH, Schleißheimer Straße 93a, 85748 Garch­ing bei München, Ger­many. Please note that we may defer reim­burse­ment until the items have arrived at PVS Ful­fill­ment GmbH or you have sent us proof of postage. You should send us the items imme­di­ate­ly – and cer­tain­ly no lat­er than thir­ty (30) days after your notice of can­cel­la­tion. You will only be held liable for any poten­tial depre­ci­a­tion of the items if you are deemed to have han­dled them in an inap­pro­pri­ate fash­ion.

4.3 Please try to avoid dam­ag­ing or dirty­ing the goods and, if pos­si­ble, return them in their orig­i­nal pack­ag­ing includ­ing all acces­so­ry parts (with any pro­tec­tive pack­ag­ing). If you no longer pos­sess the orig­i­nal pack­ag­ing, your statu­to­ry rights remain unaf­fect­ed. In this case, please pack your item suit­ably to give it ade­quate pro­tec­tion from dam­age dur­ing trans­port.

5. Prices and deliv­ery costs


The rel­e­vant prices are the ones dis­played at the time the order was placed at the online store. VAT is inclu­sive and deliv­ery is free, regard­less of the val­ue of the order. Prices are in Euros. Sil­hou­ette reserves the right to change the prices at any time.

6. Deliv­ery


6.1 Deliv­ery will be made with­in the ter­ri­to­ry of Spain. If whole items or parts of an order can­not be deliv­ered, the cus­tomer will be informed by e-mail (unless he/​she has already been made aware of the sit­u­a­tion dur­ing the order process). The cus­tomer com­mits himself/​herself to pro­vide accu­rate details about his/​her iden­ti­ty, deliv­ery address etc. in the rel­e­vant order form and to keep them updat­ed, at least until the order made by the cus­tomer is deliv­ered.

6.2 Unless oth­er­wise indi­cat­ed in the prod­uct descrip­tion, deliv­ery takes place after approx­i­mate­ly five (5) work­ing days. Mit­i­gat­ing cir­cum­stances beyond Silhouette’s con­trol (such as force majeure, strikes, trans­port bot­tle­necks), can lead to a delay in deliv­ery. If such a delay lasts more than four­teen (14) days after the orig­i­nal stat­ed deliv­ery time, the cus­tomer is free to can­cel the con­tract irre­spec­tive of their legal right of can­cel­la­tion. There is no basis for fur­ther claims — and in par­tic­u­lar for any dam­ages.

7. Risk of loss and trans­port


7.1 The risk of acci­den­tal destruc­tion or dam­age is trans­ferred to the cus­tomer when hand­ing over the goods.

7.2 The risk – as described in Point 7.1 – for items hand­ed to the couri­er, freight oper­a­tor or des­ig­nat­ed person/​organisation respon­si­ble for deliv­ery is only trans­ferred to the cus­tomer, if the lat­ter signs a con­tract with anoth­er deliv­ery ser­vice with­out avail­ing him­self of one of the options pro­vid­ed by Sil­hou­ette.

7.3 If the cus­tomer is late in accept­ing the items, the risk of acci­den­tal destruc­tion or dam­age is trans­ferred to the cus­tomer from the time at which the delay begins.

8. Reten­tion of title


Sil­hou­ette remains the sole pro­pri­etor of the goods until the retail price and all oth­er rel­e­vant fees have been paid in full. Until that time, the cus­tomer bears the com­plete risk for the items entrust­ed to him/​her, includ­ing destruc­tion, loss and depre­ci­a­tion.

9. War­ran­ty; Lia­bil­i­ty


9.1 The customer’s war­ran­ty rights are defined by pub­lic war­ran­ty reg­u­la­tions. Sil­hou­ette is liable for mate­r­i­al defects present or already in exis­tence at the hand­ing over of the goods, and any defect of title. The peri­od of lim­i­ta­tion for assert­ing war­ran­ty claims shall be twen­ty-four (24) months, and in the case of mate­r­i­al defects, begins from the moment the cus­tomer actu­al­ly receives the goods. In the case of title defects, the peri­od of lim­i­ta­tion begins from the day on which the defect is noticed by the cus­tomer. For the first six (6) months it is assumed that the item was already defec­tive at the time of pur­chase. Depend­ing on the type and sever­i­ty of the defect, the cus­tomer can choose whether to repair the dam­age (repair) or to exchange (exchange) the item in ques­tion. Can­cel­la­tion of the con­tract (or a price rebate) is only legal­ly pos­si­ble in spe­cif­ic instances where the customer’s wish­es can­not be addressed with­in a rea­son­able time­frame, and where repair and exchange are not pos­si­ble. The prod­uct descrip­tions in the online store describe qual­i­ty spec­i­fi­ca­tions and do not con­sti­tute guar­an­tees.

9.2 Sil­hou­ette is only liable for dam­ages in cas­es of wil­ful or gross neg­li­gence of the rep­re­sen­ta­tives of its organ­i­sa­tion and sub­con­trac­tors. Sil­hou­ette is not liable for ordi­nary neg­li­gence – e.g. data errors due to slight neg­li­gence in the online shop or mis­takes in mar­ket­ing com­mu­ni­ca­tions. Sil­hou­ette always assumes full lia­bil­i­ty for per­son­al injury (loss of life, phys­i­cal injury or injury to health). Any claims made in accor­dance with Prod­uct Lia­bil­i­ty Law shall remain unaf­fect­ed.

10. Cor­re­spon­dence – Cus­tomer Sup­port con­tact details


10.1 All cor­re­spon­dence and com­mu­ni­ca­tions should be sent to Sil­hou­ette Inter­na­tion­al Schmied AG, Ell­bogn­er­straße 24, 4021 Linz, Aus­tria, es.​neubau.​service@​silhouette-​international.​com, Tel: +43(0)7323848 – 0.

10.2 Cor­re­spon­dence and com­mu­ni­ca­tions to cus­tomers will be sent to the most recent e-mail address we have on record. We are not oblig­ed to send per­son­alised cor­re­spon­dence.

11. Intel­lec­tu­al and Indus­tri­al Prop­er­ty Rigthts


All intel­lec­tu­al and prop­er­ty rights, as well as the whole infor­ma­tion con­tained in this web­site (images, trade­marks, designs, source codes, data­base and any oth­er con­tents) are owned by Sil­hou­ette. Any unau­tho­rized use of the infor­ma­tion con­tained in this web­site, as well as the infringe­ment of any intel­lec­tu­al or indus­tri­al prop­er­ty rights will give rise to the rel­e­vant lia­bil­i­ties set out by Law.

The customer/​user com­mits himself/​herself to make a respon­si­ble use of the web­site and to observe the Ts&Cs, as well as all applic­a­ble laws and codes, in par­tic­u­lar those regard­ing intel­lec­tu­al and indus­tri­al prop­er­ty rights, com­put­er and pri­va­cy laws.

12. Final pro­vi­sions


Should any indi­vid­ual pro­vi­sions of these Ts&Cs be or become legal­ly invalid or unforce­able, whether in full or in part, this shall not affect the valid­i­ty of the remain­ing pro­vi­sions of these Ts&Cs. Such an invalid or unen­force­able pro­vi­sion shall be exchanged by a valid and enforce­able pro­vi­sion which comes clos­est to the inten­tion of the par­ties.

13. Applic­a­ble Leg­is­la­tion, Juris­dic­tion and method of Alter­na­tive Dis­pute Res­o­lu­tion


13.1 Span­ish law applies for the pur­pos­es of this con­tract. The con­trac­tu­al lan­guage is Eng­lish.

Sales are under­stood to have tak­en place in the Span­ish ter­ri­to­ry. There­fore, for any mat­ters regard­ing the inter­pre­ta­tion of these Ts&Cs or any con­tro­ver­sies which may arise in con­nec­tion there­with, the Span­ish leg­is­la­tion shall be applic­a­ble.

13.2 For any poten­tial dis­putes aris­ing direct­ly or indi­rect­ly from this con­tract, the cus­tomer can choose between the com­pe­tent court in their place of res­i­dence or the one where Sil­hou­ette is head­quar­tered.

13.3 By virtue of EU Reg­u­la­tion nº 5242013 of May 21st, on online dis­pute res­o­lu­tion for con­sumer dis­putes, we inform you that, in case of con­tro­ver­sy, EU res­i­dents may resort to the Online Plat­form for Dis­pute Res­o­lu­tions” (ODR) for the pur­pos­es of set­tling out of court any con­tro­ver­sies which may arise from the sale and pur­chase of the prod­ucts. You may access the above men­tioned Plat­form by means of the fol­low­ing link: http://​ec​.europa​.eu/​c​o​n​s​u​m​e​r​s​/odr/. We are not will­ing to take part in an out-of-court dis­pute resolution.