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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​.payp​al​.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, 4020 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.

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