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Silhouette International Schmied AGs
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.
1.1 The contractual partner and operator of the online store is Silhouette International Schmied AG (“Silhouette” or “we”), Ellbognerstraße 24, 4021 Linz, Austria.
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 Consumer Protection Act and Austrian 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 Austria) 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 which you can save or print. 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.
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 eyewear 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
4.1 You have the right to withdraw from a contract within thirty (30) 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 thirty (30) 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.
4.4 The right of withdrawal does not apply to contracts for the delivery of sealed goods, which are not suitable to be return for reasons of hygiene or to protect health, if you removed the seal after delivery.
4.5 The right of withdrawal also does not apply to contracts for the delivery of prefabricated goods where the consumer must individually select or choose the goods for manufacture of where the goods are uniquely tailored to the personal requirement of the consumer.
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 is only within France. 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).
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 five (5) 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.
6.3 In case of late delivery, the consumer may resolve the contract by registered letter with acknowledgment of receipt or by another durable medium in case that Silhouette, after the consumer has authorized Silhouette to make the delivery in a reasonable additional period, did not comply within that period.
6.4 Silhouette shall not be liable for any delay or defective delivery due to incorrect delivery information given by the consumer.
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. The customer bears the complete risk for the items entrusted to him/her, including destruction, loss and depreciation, from the delivery of the items.
9. Warranty; Liability
9.1 The customer’s warranty rights are defined by public warranty regulations as detailed below.
9.2 Silhouette is bound to a legal guarantee of conformity (Article L. 217 – 4 to L. 217 – 14 of Consumer Code).
Therefore, if non-compliant products are delivered to you (for example if they fail to correspond with the description given on our website or if they have obvious defects), we kindly ask you to return them without delay and specify whether you prefer (i) the replacement of these non-compliant products (when they are available in stock) or (ii) the reimbursement of their price. You may also keep these products and ask for the reimbursement of a portion of the price which will be determined by us case-by-case. An action or proceeding based on the legal guarantee of conformity shall be brought within two years from the date of delivery.
9.3 Silhouette is bound to a warranty of hidden defects (Article 1641 and seq. of the Civil Code).
If hidden defects products that are delivered to you (making them unsuitable for their intended use), you may either (i) return them and ask for the reimbursement of their price or (ii) keep them and ask for the reimbursement of a portion of their price which will be determined by us case-by-case. An action or proceeding based on the warranty of hidden defects shall be brought within two years from the date of the discovery of the defect.
If the choice of the consumer entails a cost for Silhouette that is manifestly disproportionate in light of the value of the items or the importance of the defect, Silhouette may decide to proceed the other way. Cancellation of the contract (or a price rebate) is also possible in specific instances where the customer’s wishes cannot be addressed within (1) one month timeframe, and where repair and exchange are not possible. In such a situation, the customer may choose either to return the item or get the full restitution of its price, or to keep the item and obtain a partial restitution of its price. The product descriptions in the online store describe quality specifications and do not constitute guarantees.
9.4 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.
10.1 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. Data protection
You hereby agree that the personal data entered by you in the course of using the website may be saved for the purpose of the contract processing. In addition, you agree to the use of your personal data to personalise the ads and products offers shown on the website.
Data collected on our website shall be used exclusively by Silhouette. The collection of personal details detailed in our Public Policy.
12. Final provisions
12.1 French law applies for the purposes of this contract. The contractual language is English.
12.2 For any potential disputes arising directly or indirectly from this contract, the customer can choose between the competent court in their region or the one where Silhouette is headquartered. Silhouette can only bring potential disputes before the competent court of the region where the customer has his habitual residence.
12.3 The European Commission has set up an online platform for settling disputes (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to take part in an out-of-court dispute resolution in front of a Consumer Arbitration Service