Silhouette International Schmied AG
As of 14 May 2019
The following General Terms and Conditions ("Terms") form the basis of all contracts concluded with consumers via the webshop www.evileye.com ("Webshop"). The Terms contain general, legal information on your rights according to the regulations on distance selling and electronic commerce and set out the conditions under which Silhouette International Schmied AG concludes contracts with customers.
- Scope of application
1.1 The contractual partner and operator of the Webshop is Silhouette International Schmied AG ("Silhouette" or "we"), Ellbognerstraße 24, 4020 Linz, Austria.
1.2 The sale and delivery of goods via the Webshop shall be carried out exclusively on the basis of these Terms. The customer has the possibility to view these Terms before concluding an order and to save or print them later on. In order to place an order, the customer must explicitly accept the Terms by ticking the checkbox provided for this purpose. By doing so, the Terms become part of the contract by mutual agreement. Contradictory or divergent Terms are excluded. The Terms always apply in their current version to a specific order and are accordingly displayed to the customer throughout the ordering process. Changes to the Terms have no impact on a purchase that has already been completed. The current version of the Terms can be viewed at any time on our website under Terms & Conditions.
1.3 In the following, the term consumers refers to natural persons (if applicable legal entities as well) and partnerships with legal capacity for which the conclusion of a contract with Silhouette is outside the scope of their business. The purpose of the order is therefore not a commercial, self-employed or freelance activity. In contrast, entrepreneurs are natural or legal persons as well as partnerships with legal capacity, for which the respective transaction is related to their business. The distinction between consumers and entrepreneurs is based on the Austrian Consumer Protection Act (Konsumentenschutzgesetz) and the Austrian Commercial Code (Unternehmensgesetzbuch). A business is any organization, which is intended to be permanent for the purposes of independent commercial activity, even though it may be a non-profit enterprise. Enterpreneurs by virtue of their legal form within the meaning of § 2 of the Austrian Commercial Code as well as legal entities under public law – with regard to the provisions applicable to these Terms – shall always be deemed to be entrepreneurs.
- Offer and conclusion of contract
2.1 After entering your data and completing the order by clicking on the button "Confirm order" and accepting the Terms, you will immediately be sent an order confirmation summarizing your order data by e-mail, to which these Terms are also attached. This e-mail is generated automatically and is not to be regarded as a confirmation of the conclusion of the contract. Silhouette confirms the acceptance of the customer's offer to enter into a contract by sending a separate e-mail, shipping confirmation or, alternatively, implicit by sending the goods. If the payment process is triggered immediately after an order has been placed and the corresponding payment is actually made, Silhouette will also accept the contractual offer. Silhouette is not obliged to conclude contracts with customers. The product portfolio in the Webshop is therefore not meant to be an offer to customers, but rather a general overview that serves the customer to send an offer to Silhouette. The order becomes binding for the customer as soon as it has been sent.
2.2 You have the possibility under Login / Registration by selecting the option "Create a user account" to create a customer account in order to save you entering your data for future purchases. For further simplification, we use central customer accounts for our entire online offer.
2.3 In the customer portal you can also view certain information, in particular information relating to your orders. If you have created a customer account, you can access it at any time by entering your e-mail address and your personalized password. However, a registration is not required. By selecting the option "I want to continue as a guest", you can purchase the desired products without having previously created a customer account.
2.4 The product portfolio available in the Webshop comprises sportglasses from the evil eye collection, which are also suitable for corrective lenses.
2.5 The online product catalogue is conscientiously managed and kept up to date by the brand evil eye. Nevertheless, errors or mistakes cannot be completely excluded (e.g. regarding the availability of products or product descriptions). Errors or mistakes will be corrected immediately after they are discovered. You can mark products non-bindingly by clicking the "Add to shopping cart" button and delete them at any time by clicking the "Remove product" button. However, this has no influence on the further availability of the product. If you click the button "Check out", you will be forwarded from your shopping cart filled with products to the order overview and will be able to complete your order by selecting the payment method of your choice.
3.1 The payment process is initiated by selecting your preferred payment method. We offer payment via PayPal, credit card and immediate bank transfer ("Sofortüberweisung"). We also reserve the right to occasionally or permanently refuse certain payment methods and to refer you to other (common) payment methods.
3.3 When selecting the payment method credit card, you will be asked to submit your credit card details to us. The data will be verified and you will be legitimized as the rightful cardholder. We will then ask your credit card company to initiate the payment transaction and accept your offer to conclude a contract. The credit card company automatically executes the payment transaction and your card is debited. The debit takes place after completion of the order.
3.4 After selecting the payment method immediate bank transfer (Sofortüberweisung), you will be redirected to the website of the online payment provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). In order to use this service, please note that you must have an online banking account with a PIN/TAN code previously activated for that purpose. You must legitimize yourself accordingly and confirm to us the payment order. We have no influence over the collection, use and processing of your (payment) data by Klarna. Upon receipt of the payment confirmation from Klarna, we accept your offer to conclude a contract and release the order. You will receive further information during the ordering process. Please also pay particular attention to Klarna's supplementary data protection information, which will be pointed out to you separately when you use the service.
- Right of withdrawal
4.1 You may withdraw from a contract already concluded within thirty (30) days without giving any reason. The period shall start as soon as you or a third party named by you (other than the carrier) has taken possession of the last good of the order. In order to exercise your right of withdrawal, please send an express declaration (e.g. postal letter or e-mail) to the contact address listed under point 11 or use the provided withdrawal form. In order to exercise your right, it is sufficient that you send such a declaration before the expiry of the revocation period.
4.2 Should you withdraw from a concluded contract, we will refund all payments received from you within fourteen (14) days after receipt of your declaration at the latest, using the means of payment that you originally employed (unless otherwise agreed). This shall also apply to the delivery costs, after deduction of any additional costs exceeding the cheapest standard delivery that we offer. Silhouette shall bear the costs for the immediate return of the goods. This reversal will not result in any other costs or fees for you. Please use the return form enclosed with your order to return items and send the goods to PVS Fulfilment GmbH, Silhouette, Paketfach PVS Fulfilment 1, 6965 Wolfurt, Austria. We can refuse the refund until the goods have arrived at PVS Fulfilment GmbH or until you have provided a proof of dispatch. The goods must be returned (dispatched) immediately, at the latest within thirty (30) days after submission of your declaration of withdrawal. In the event of a loss in value of the products, you are liable only if this is the result of inappropriate handling of the goods caused by you.
4.3 Please avoid damage and contamination of the goods and return them in their original packaging including all accessory components (if necessary with protective outer packaging). Should you no longer have the original packaging, this does not prevent the effective exercise of the right of withdrawal. In this case, please use suitable packaging to ensure adequate protection against transport damage.
- Prices and shipping costs
The prices shown in the Webshop at the time of ordering, which already include the statutory value-added tax, apply. The delivery is free of shipping costs regardless of the order value. Prices are in Euro. Silhouette reserves the right to change prices at any time.
6.1 The delivery is only within Germany. If goods or parts of an order are not available, the customer will be informed separately by e-mail, unless he/she has already been informed of this circumstance during the ordering process.
6.2 Unless otherwise stated in the item description, the delivery time is approximately five (5) working days. Any adverse circumstances over which Silhouette has no control (e.g. force majeure, strike, transport bottlenecks) may lead to delivery delays. Should such an obstacle to performance last longer than thirty (30) days beyond the originally stated delivery times, the customer shall be entitled to revoke the contract irrespective of his/her statutory right of withdrawal. Further claims, in particular claims for damages, do not apply.
- Risk assumption and transport
7.1. In the event that the customer is a consumer according to point 1.3, the following shall apply: The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery to the customer. In the case of sales shipment to a place other than Silhouette's, the risk shall only pass to the customer upon handover to the forwarder, the carrier or any other person or institution designated to carry out the transport if the customer has concluded a transport contract with another carrier without having made use of a choice proposed by Silhouette. If the customer is in default of acceptance of the goods, the risk of loss and accidental deterioration shall pass to the customer at the time of default of acceptance.
7.2. In the event that the customer is not a consumer in accordance with point 1.3, the following shall apply: The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the transport, insofar as a specific mode of dispatch has been agreed or the goods are dispatched by a customary mode of dispatch (post, rail, airplane, ship, etc.). Please note that Silhouette generally only offers customary shipping methods.
- Retention of title
Until the purchase price and all associated costs have been fully paid, the ordered goods shall remain the sole property of Silhouette. Until then, the customer shall in all respects bear the full risk for any goods entrusted to him before payment of the purchase price, in particular also for the risk of loss, destruction and deterioration. Any resale prior to full payment is not permitted. However, if the goods are sold to a third party who acquires ownership in good faith, Silhouette shall be entitled to claim the purchase price from the third party.
- Warranty; Liability
9.1. The customer's warranty rights shall be determined in accordance with the legal warranty provisions. Silhouette shall be fully liable for any material defects, which exist or have at least already existed at the time of delivery of the goods as well as for defects of title. The limitation period for asserting warranty claims shall be twenty-four (24) months and shall start upon the customer's actual receipt of the goods in the event of material defects. For defects of title, the day on which the customer becomes aware of the defect shall be decisive. In the first six (6) months, it is assumed that the goods were already defective at that time. For defects of title, the day on which the customer becomes aware of the defect shall be decisive. In the first six (6) months, it is assumed that the goods were already defective at that time. Depending on the type and gravity of the defect, the customer can choose whether the defect should be repaired (improvement) or whether the affected goods should be replaced (exchange). A rescission of the contract (or price reduction) is only possible within the framework of the legal requirements, in particular if the customer's request is not complied with within a reasonable period of time, or if improvement or replacement are not possible. The product descriptions in the Webshop are indications of quality and no guarantees.
9.2. Silhouette shall only be liable for damages in the event of intentional or grossly negligent breach of duty by its organ representatives or vicarious agents. Silhouette is not liable for errors in data in the online shop or for errors in advertising material due to slight negligence. Full liability is always assumed for personal injury (injury to life, body or health). Any claims under the Austrian Product Liability Act ("Produkthaftungsgesetz") shall remain unaffected.
- Data protection
11.1. Declarations or communications of any kind shall be addressed to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, email@example.com.
11.2. Declarations or notifications to customers will be sent to the last e-mail address provided. There is no entitlement to personal notification.
- Final provisions
12.1. Austrian law shall apply to this contract. The language of the contract shall be German.
12.2. If the customer is not a consumer according to point 1.3, the following shall apply: Should a provision of these Terms be invalid, contestable or unenforceable, the validity of the Terms shall remain unaffected, provided that this corresponds to the intention of the contracting parties as stated in the provisions of these Terms in their context. Such a provision shall then be replaced by an effective and enforceable provision having the same legal and above all economic content as the invalid provision or coming closest to it.
12.3. For any disputes arising directly or indirectly from this contract, the customer may choose between the competent court at the place of his/her residence or the court at the registered office of Silhouette.
12.4. The European Commission provides a platform for Online Dispute Resolution, which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.