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-eyewear.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.
1.1 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.
3.3 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.
5.1 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.
5.3 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 firstname.lastname@example.org 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.
8.1 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.
12.1 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.
13.1 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.
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/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.