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​General Terms & Conditions of Business

Sil­hou­ette Inter­na­tion­al Schmied AG
Last updat­ed: Octo­ber 2018

These fol­low­ing terms and con­di­tions of busi­ness (“Terms ”) apply to all orders you place via our online store www​.neubau​-eye​wear​.com. Please read them care­ful­ly as they con­tain impor­tant infor­ma­tion about your rights and our con­tract. We would rec­om­mend that you print and/​or save a copy.

1. Scope

1.1 The con­trac­tu­al part­ner and oper­a­tor of the online store is Sil­hou­ette Inter­na­tion­al Schmied AG (“Sil­hou­ette” or we”), Ell­bogn­er­straße 24, 4020 Linz, Austria.

1.2 Before you can place an order with us you have to accept these Terms by tick­ing the appro­pri­ate box. These Terms will apply to every sub­se­quent order. If we amend our Terms then you will be asked to agree the new Terms. If you do not agree them then you should not place any new orders. How­ev­er, if you do place an order then the new Terms will apply to that order and any sub­se­quent orders.

1.3 These Terms apply only to con­sumers. If you are oper­at­ing a busi­ness then you may not place any orders via our online store. 

2. Offers and Con­clud­ing a Con­tract

2.1 After enter­ing your details, accept­ing the Terms and com­plet­ing your order by click­ing the Order and pay” but­ton, you will be sent an order con­fir­ma­tion by e-mail that con­tains not only the details of what you have ordered by also these Terms as an attach­ment. This con­tract between us aris­es when you receive the con­fir­ma­to­ry e-mail. When the goods are sent to you we will send you anoth­er e-mail con­firm­ing dispatch. 

2.2 We are under a legal oblig­a­tion to tell you that we must sup­ply the goods in con­for­mi­ty with your order.

3. Cus­tomer Details and Pri­va­cy

3.1 To order prod­ucts we would rec­om­mend that you cre­ate an account, but you do not need to. If you cre­ate an account then you will be able to view (and amend) your per­son­al details, pref­er­ences and pre­vi­ous orders. You must keep your login and pass­word con­fi­den­tial at all times.

3.2 For details of how we record, store and process your per­son­al data please see our Pri­va­cy Policy.

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

4. Prod­uct Infor­ma­tion

4.1 While we endeav­our to accu­rate­ly describe our prod­ucts, errors both in descrip­tions and avail­abil­i­ty of our prod­ucts may occur from time to time. Please note that colours may not dis­play accu­rate­ly on your com­put­er dis­play or device. Pack­ag­ing may also vary from that shown in images on our website.

4.2 Prod­ucts can be reserved by using the Add to shop­ping bas­ket” but­ton. We will try to reserve an item for you but we can­not guar­an­tee that this will always be pos­si­ble. It is only when we accept your order that we can con­firm availability.

5. Pay­ment

5.1 When plac­ing your order, you will be asked to select your pay­ment method. We accept pay­ments by Pay­Pal, deb­it and cred­it cards. 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 anoth­er pay­ment method.

5.2 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 Terms 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.

5.3 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 hold­er. 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. Our cred­it card pay­ment proces­sor is Ingenico.

6. Can­cel­la­tion Rights

6.1 Pro­vid­ed you act with­in 30 days of receipt of the prod­ucts you have the right to change your mind and to return the prod­ucts to us, pro­vid­ed they have not been cus­tom made for you or the val­ue of the prod­ucts has dimin­ished due to your han­dling of them. To exer­cise your can­cel­la­tion right you need to (with­in 30 days), noti­fy us either by post (to the address giv­en below) or by e-mail to gb.​neubau.​service@​silhouette-​international.​com using this can­cel­la­tion form or equiv­a­lent (we just need the infor­ma­tion asked for in that form).

6.2 If you can­cel the con­tract, we will reim­burse all pay­ments received from you with­in thir­ty (30) days from 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).

6.3 We will also reim­burse you for the orig­i­nal deliv­ery costs paid by you (but only at the stan­dard deliv­ery rate).

6.4 You must return the prod­ucts to us with­in 30 days of you noti­fy­ing us that you wish to can­cel the order and you must pay the cost of return­ing the prod­ucts to us.

6.5 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.

6.6 Please try to avoid dam­ag­ing or dirty­ing the goods and, if pos­si­ble, return them to us in their orig­i­nal pack­ag­ing includ­ing all acces­so­ry parts (with any pro­tec­tive pack­ag­ing). If you no longer pos­sess the orig­i­nal pack­ag­ing then that will not affect your can­cel­la­tion rights but you will be respon­si­ble for ensur­ing that the prod­ucts are returned safe­ly to us.

7. Prices and deliv­ery costs

7.1 The price of the prod­ucts is stat­ed on our web­site and will be con­firmed in our order accep­tance email. VAT is inclu­sive. Deliv­ery charges are as spec­i­fied on our web­site. Prices are in GBP. At any time pri­or to you plac­ing an order we reserve the right to amend the prices.

8. Deliv­ery

8.1 If whole items or parts of an order can­not be deliv­ered, we will inform you by e-mail and give you the option of: can­celling your order, can­celling part of your order and deliv­er­ing the remain­der of your order, wait­ing till all the items are avail­able or deliv­er­ing the items as and when they become available.

8.2 We can­not guar­an­tee any deliv­ery times but expect deliv­ery to take place with­in five (5) work­ing days. If deliv­ery is delayed by more than 14 days from our expect­ed deliv­ery date then, in addi­tion to your statu­to­ry rights, you may can­cel the order and obtain a full refund.

9. Risk of loss and trans­port

9.1 The risk of acci­den­tal loss or dam­age pass­es to you when the goods come into your phys­i­cal pos­ses­sion. How­ev­er, if you have asked some­one to col­lect the goods or have arranged for your own deliv­ery then the risk pass­es to you when the goods are hand­ed over to that per­son or col­lect­ed by your courier.

10. Reten­tion of title

10.1 Sil­hou­ette remains the own­er of the goods until you have paid for them in full.

11. Dam­aged Goods

11.1 If the goods are not of a sat­is­fac­to­ry qual­i­ty, are not fit for the intend­ed pur­pose, are incor­rect­ly described or they do not match a sam­ple we have giv­en you then you have the right to:

11.1.1 reject the goods but you must do so with­in 30 days of receipt of the goods
11.1.2 ask for the goods to be repaired or replaced with­in a rea­son­able peri­od of time, or
11.1.3 agree a reduc­tion in the price by an appro­pri­ate amount but you have only 30 days form the date of deliv­ery of the goods to decide which of the above you want to do.

11.2 This does not affect your oth­er statu­to­ry rights.

11.3 Where this clause 11 applies:

11.2.1 you must return the goods to us as soon as is rea­son­ably pos­si­ble, and
11.2.2 we will refund your rea­son­able deliv­ery costs of the prod­ucts to us. 

12. Lia­bil­i­ty

12.1 If we fail to com­ply with these Terms then we are respon­si­ble for loss or dam­age you suf­fer which is a fore­see­able result of our breach of these Terms or our neg­li­gence, but we are not respon­si­ble for any loss or dam­age that is not fore­see­able. Loss or dam­age is fore­see­able if they were an obvi­ous con­se­quence of our breach or if they were con­tem­plat­ed by you and us at the time we entered into the contract.

13. Cor­re­spon­dence

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

13.2 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.

14. Final pro­vi­sions

14.1 If you are sit­u­at­ed in the Unit­ed King­dom then Eng­lish law will apply to this contract.

14.2 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.