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​General Terms & Conditions of Business

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​-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.

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.

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. 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. 

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. Deliv­ery

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. Cor­re­spon­dence

10.1 All cor­re­spon­dence and com­mu­ni­ca­tions should be sent to Sil­hou­ette Inter­na­tion­al Schmied AG, Ell­bogn­er­straße 24, 4021 Linz, Aus­tria, fr.​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. Data pro­tec­tion

The col­lec­tion and pro­cess­ing of your per­son­al data by us is set out in the Pri­va­cy Pol­i­cy. This forms are an inte­gral part of the­ses Ts&Cs. The Pri­va­cy Pol­i­cy can be accessed via https://​neubau​-eye​wear​.com/fre…

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/​c​o​n​s​u​m​e​r​s​/odr/. We are nei­ther oblig­ed nor will­ing to take part in an out-of-court dis­pute res­o­lu­tion in front of a Con­sumer Arbi­tra­tion Service