General Terms and Conditions
Silhouette International Schmied AG
Status as of 6 November 2020
The following General Terms and Conditions ("Terms") form the basis of all contracts concluded with customers via the web shop 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. With respect to any orders being made via the Webshop as well as in regards to the following provisions, all customers shall be classified as consumers in the sense of section 13 of the German Civil Code (Bürgerliches Gesetzbuch) and thus have all rights which are legally connected with such position.
- 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. 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. We shall save the contract and send the order data as well as our Terms in text form to you.
1.3 All orders placed via the Webshop are delivered exclusively to delivery addresses in Germany.
- 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 within the next two days after the receipt of the order by Silhouette. 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. Customers may correct their entries at any time before placing an order by using the correction help which is provided and explained in the course of the ordering process.
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. Accordingly, you can also log in to our Silhouette online shop with the access data of your customer account once it has been created.
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. 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, the maximum number of products which can be marked at the same time using the "Add to shopping cart" function and subsequently ordered is limited to three (3). However, the foregoing activities have no influence on the further availability of the products. 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 currently 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 via two-factor authentication 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 Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany ("Sofort"). The Second Payment Services Directive (PSD2) is also applicable to immediate bank transfers. For this reason, the immediate bank transfer contains an additional authentication procedure, the so-called second factor. If you choose immediate bank transfer as payment method in the Webshop, log in with your online banking data. This first factor is combined with a second authentication procedure (depending on the bank: e.g. fingerprint, TAN), which confirms that Sofort has access to your bank account. Only then you can validate the payment order. Please note that we have no influence over the collection, use and processing of your (payment) data by Sofort. Upon receipt of the payment confirmation from Sofort, 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 Sofort's supplementary data protection information, which will be pointed out to you separately when you use the service, and Sofort's information regarding the PSD2.
- Right of withdrawal
4.1 Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within thirty (30) days without giving any reason. The withdrawal period will expire after thirty (30) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, firstname.lastname@example.org, Phone: +43 (0) 732 3848-0, Fax: +43 (0) 732 3848-422) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us or PVS ZMD GmbH, Schleißheimer Straße 93a, 85748 Garching near Munich, Germany, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, email@example.com, Fax: +43 (0) 732 3848-422:
– I/We () hereby give notice that I/We (+) withdraw from my/our (+) contract of sale of the following goods (+)/for the provision of the following service (+),
– Ordered on (+)/received on (+),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(+) Delete as appropriate.
4.2 Without prejudice to your statutory rights, we shall provide you with free return labels. You can hand your return delivery over to a parcel store of the respective supplier in Germany.
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). If you have damaged or soiled the goods or failed to keep the accessories or original packaging, you are by no means restricted from validly exercising your 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.
- Risk assumption and transport
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.
- 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 accidental loss, accidental destruction and accidental deterioration. Any resale prior to full payment is not permitted.
- Statutory Warranty; Liability
9.1. The customer's warranty rights are determined by statutory law. In order to assert your warranty claim, please direct an informal statement to the contact address outlined under point 11. The product descriptions in the Webshop are indications of quality and no guarantees.
9.2. In regards to claims based on damages caused by us, our legal representatives or vicarious agents, we shall always assume full liability
in case of any injury to life, body or health
in case of intentional or grossly negligent breach of duty
in case of voluntary warranty promises, if agreed, or
as far as the German Product Liability Act (Produkthaftungsgesetz) is applicable.
In the event of a breach of material contractual obligations whose fulfillment is essential for the proper execution of such contract and on the observance of which the contractual partner may regularly rely upon, (cardinal duties – Kardinalpflichten) due to slight negligence attributable to us, our legal representatives or vicarious agents, the maximum liability amount shall be limited to the damage foreseeable at the time of the conclusion of the contract and to where the emergence of such damage has to be typically expected.
Apart from the above, claims for damages shall be excluded.
- Data protection
11.1. Declarations or communications of any kind shall be addressed to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, firstname.lastname@example.org.
11.2. Declarations or notifications to customers will be sent to the last e-mail address provided.
- Final provisions
12.1. German law shall apply to this contract. The language of the contract shall be German.
12.2. 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.