General Terms and Conditions

Silhouette International Schmied AG

Status as of 2nd February 2022

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 and set out the conditions under which Silhouette International Schmied AG concludes contracts with customers.

  1. Scope of application

1.1The operator of the Webshop and contract partner of the purchaser of products through the Webshop (“customers” or “You”) 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. You have the possibility to view these Terms before concluding an order and to save or print them later on. In order to place an order, you 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 exclusively delivered to addresses within Netherlands.

  1. 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 a for Silhouette nonbinding 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, implicitly by sending the goods within the next two days after the receipt of the order by Silhouette. The product portfolio in the Webshop is therefore not a binding offer to customers but presents a general overview of the products to enable the customer to send an offer to evil eye. The order becomes binding for the customer as soon as it has been sent. Customers may correct their entries at any time before sending 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.

2.3 In the customer account 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 consists of sportglasses from the evil eye collection which are also suitable for corrective lenses.

2.5 The online product catalogue of evil eye is diligently managed and kept up to date. 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.

  1. Payment

3.1 The payment process is initiated by selecting your preferred payment method. We currently offer payment via PayPal and credit card. We also reserve the right to refuse certain payment methods occasionally or permanently and to refer you to other (common) payment methods.

3.2 When selecting the payment method PayPal, you will be redirected to 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"). You can enter your payment details directly and confirm that you wish to complete the transaction. With the Second Payment Services Directive (PSD2), new security requirements for accepting online card payments came into force on 14 September 2019. Using two-factor authentication, you are required to provide two different details (e.g., PIN, TAN, biometric features such as fingerprint) in order to be authenticated electronically. As of 1 January 2021, two-factor authentication will be mandatory for all purchases on the Internet with credit cards and payment services. Please note that you need a PayPal account to use this service and that we have no influence on the collection, use and processing of your (payment) data. By confirming your payment via PayPal, we accept your offer to conclude a contract. The debit takes place after the order has been completed. Please also note the terms and conditions and privacy policy of PayPal under https://www.paypal.com/nl/webapps/mpp/ua/legalhub-full?locale.x=en_NL.

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.

  1. Right of withdrawal

4.1 You have the right to withdraw from a contract already concluded within fourteen (14) days without giving any reasons. The withdrawal period will expire after fourteen (14) days from the day on which you take, or a third party indicated by you (other than the carrier) takes, physical possession of the goods. In order to exercise your right of withdrawal, please send an express declaration (e.g. a letter sent by post, fax, or e-mail) to the contact address listed under section 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 same means of payment that you originally employed (unless otherwise agreed). Silhouette shall bear the costs for the return of the goods. This reversal will not result in any other costs or fees for you. Please use the return information enclosed with your order to return items and send the goods to PVS ZMD GmbH (Schleißheimer Straße 93a, 85748 Garching bei München, Deutschland). We may withhold reimbursement until we have received the goods back or until you have provided a proof of dispatch. The goods must be returned without undue delay, in no event not later than fourteen (14) days after submission of your declaration of withdrawal. You are only liable for any diminished value of the goods if this is the result of inappropriate handling of the goods 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 out packing). If you have damaged or soiled the goods or failed to keep the accessories or the original packaging, you are by no means restricted in exercising your right of withdrawal. In this case, please use suitable packaging to ensure adequate protection against transport damage.

  1. 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 Euros. Silhouette reserves the right to change prices at any time.

  1. Delivery

6.1 We deliver goods ordered via our Webshop within Spain. If goods or parts of an order are not available, you will be informed separately by e-mail, unless you have 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.

  1. 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. The risk shall only already 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 than the carrier 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.

  1. 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.

  1. Data protection

9.1. Your personal data will be processed in accordance with our privacy policy. With your registration and/or order via the Webshop you declare your express consent with our privacy policy.

9.2. Detailed information on the processing of personal data can be found in our privacy policy, available under Privacy Policy.

  1. Data protection

10.1 Your personal data will be processed in accordance with our privacy policy.

10.2 Detailed information on the processing of personal data can be found in our privacy policy, available under Privacy Policy.

  1. Communications

11.1 Declarations or communications of any kind shall be addressed to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, nl.evileye.service@silhouette-international.com

11.2 Declarations or notifications to customers will be sent to the last e-mail address provided.

  1. Final provisions

12.1 These terms and contracts concluded based on them shall be subject to Dutch law.

12.2 For any disputes arising out of or in connection with these terms or contracts based on them, the customer may choose between the competent court at the place of his or her residence or the court where Silhouette is domiciled.

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A total of 3 sports glasses and 6 spare lenses can be added to the cart. A coupon code can be applied in the next step.