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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-eyewear.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.
1.1 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 firstname.lastname@example.org. 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.
3.1 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.
3.3 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.
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.
6.1 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, email@example.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 524⁄2013 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/consumers/odr/. We are not willing to take part in an out-of-court dispute resolution.