General Terms and Conditions

Silhouette International Schmied AG

Status as of 2nd November 2022

The following General Terms and Conditions ("Terms") constitute terms agreed upon between Silhouette International Schmied AG, located at Ellbognerstraße 24, 4020 Linz, Austria, registered in the Commercial Register under FN 78436 y with customers wishing to order and purchase products ("customer", "you", "your") via the web shop available at www.evileye.com ("Webshop"). The Terms contain general, legal information on your rights and obligations and set out the conditions applicable to the purchases made by customers and deliveries of the associated products in the Netherlands.

  1. Scope of application

1.1 The operator of the Webshop is Silhouette International Schmied AG ("Silhouette" or "we").

1.2 The sale and delivery of goods via the Webshop shall be carried out exclusively on the basis of these Terms. Please read these Terms carefully before you submit your order to us through the Webshop. 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. 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 an order that has already been placed by you. The current version of the Terms can be viewed at any time on our website under Terms & Conditions.

1.3 All orders placed via the Webshop by you are exclusively delivered to addresses in the Netherlands.

1.4 These Terms do not apply to our Click & Collect program, which enables customers to order products to be delivered at our optician partners and try them on.

  1. Order, acceptance of order, delivery

2.1 After you enter your personal data in the order form, select the payment method, enter the payment details, complete the order by clicking on the button "Confirm order" and accept the Terms, you will immediately be sent a binding order confirmation from us summarizing your order data by e-mail, to which these Terms are also attached. After dispatch of the goods Silhouette will send you a shipping confirmation via e-mail.

2.2 The product portfolio in the Webshop presents a general overview of the products we offer. In case any product is out of stock or otherwise not available you will be informed of such circumstance prior to placing your order. In the very unlikely event that any product you select becomes unavailable after you place an order, we will inform you by e-mail as soon as possible and offer you to either choose another product or get your payment refunded.

2.3 The order becomes binding for you as soon as you have received our order confirmation. After our confirmation, the order may not be changed or cancelled except as otherwise provided for in these Terms or as required by applicable law. Customers may correct their entries at any time before clicking on the button “Confirm order” by using the correction help which is provided and explained in the course of the ordering process.

2.4 You have the possibility under Login / Registration by selecting the option "Create a user account" to create a customer account in order to facilitate future purchases by saving your account data.

2.5 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 individual 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.

  1. Payment

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 (if available in your country). We also reserve the right to occasionally or permanently refuse certain payment methods and to refer you to other (common) payment methods. The payment process is initiated concurrently with placing the order by you clicking on the button "Confirm order".

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 a 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 is 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. 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 to ensure that you are the rightful cardholder. We will then ask your credit card company to initiate the payment transaction. The credit card company automatically executes the payment transaction via a two-factor authentication and your card is debited.

3.4 After selecting the payment method immediate bank transfer, 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 release the order. You will receive further information during the ordering process. Please also pay particular attention to Sofort's privacy policy, which will be pointed out to you separately when you use the service, and Sofort's information regarding the PSD2.

  1. Right of withdrawal

4.1 You have the right to withdraw from the sale of the ordered good(s) at your own discretion and without giving any reasons. The withdrawal period will expire after thirty (30) 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 and unambiguous 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 withdrawal period.

4.2 Should you withdraw from an agreed order, we will refund all payments received from you, within fourteen (14) days after receipt of your withdrawal 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 withdrawal 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 Versandservice (PVS), Schleißheimer Str. 93a, D-85748 Garching bei München, Germany. 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 thirty (30) 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 You shall avoid damage of the goods (other than that necessary to establish the nature, characteristics, and proper functioning of the goods) and return them in their original packaging including all accessory components (if necessary with protective packaging). 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 when you place an order with us already include the statutory value-added tax and other applicable taxes. The delivery is free of shipping costs regardless of the order value and your delivery address in the Netherlands. Prices are in Euros. Silhouette reserves the right to change prices at any time for future purchases of the same products without sending you a prior notice.

  1. Delivery

6.1 We deliver goods ordered via our Webshop within the territory of the Netherlands.

6.2 Unless otherwise stated in the item description or during the order process, the delivery time is approximately five (5) working days. This period will start only once we accept your order and confirm to you the acceptance of your order.

  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 or to a third party mandated by the customer.

  1. Retention of title

Until the purchase price have been fully paid, the ordered goods shall remain the sole property of Silhouette. Until then and after the delivery of the goods to the customer in accordance with section 7 above, the customer shall in all respects bear the full risk for any goods entrusted to him or her 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. Warranty; Liability

9.1 The customer’s warranty rights shall be determined in accordance with the applicable legal warranty provisions. Silhouette warrants that the goods are of good quality and correspond to the description displayed in the Webshop, have the qualities that you can legitimately expect in view of our public statements (in particular in advertising or labeling) and are fit for the purposes for which goods of the same type would normally be used. In case of warranty claims, please contact nl.evileye.service@silhouette-international.com

9.2 Legal warranty of conformity: Silhouette shall be liable to the customer for any lack of conformity which exists at the time when the goods are delivered, or which becomes apparent within two (2) years of the delivery date. The starting point of the statute of limitation period for the consumer's action is the day on which you become aware of the lack of conformity. The lack of conformity that appears during the two (2) years following the delivery of the product is presumed to have existed at the date of delivery, unless this lack of conformity is incompatible with the nature of the product. If necessary, you can choose between repairing or replacing the product. However, if pursuant to article 21 of book 7of the Dutch Civil Code repairing or replacing the product is impossible or involves disproportionate cost, you may only ask for a reduction of the price or the cancellation of the sale. You are not entitled to the cancellation of the sale if the lack of conformity is minor, which is for Silhouette to prove.

9.3 Legal warranty for hidden defects: In addition, you can decide to apply the warranty against hidden defects. Hidden defects are defects which render the goods unfit for the purpose for which they were intended, or which impair that purpose to such an extent that the consumer would not have acquired them or would only have paid a lower price for them, if he had known about them. You are entitled to ask for the cancelation of the sale, in which case you must return the product to us, or reducing the sale price, in which case you may keep the product.

9.4 While every effort will be made to ensure the colour, design, and style of the goods displayed in the Webshop are representative of the original products, slight variations may occur for technical and similar reasons. To the extent permitted under applicable law, Silhouette is not liable for errors in descriptions or details in the Webshop or for errors in advertising material due to slight negligence. We are always fully liable for personal injuries (injuries of life, body, or health) and on claims based on product liability laws.

  1. Data protection

10.1 Your personal data will be processed in accordance with our privacy policy, section 1.3.

10.2 Detailed information on the processing of personal data and the data protection rights that you have can be found in our privacy policy, available under privacy policy.

  1. Communications

11.1 Declarations or communications of any kind (claims and complaints included) 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 e-mail address provided by customers themselves.

  1. Final provisions (force majeure, applicable law, competent jurisdiction, mediation)

12.1 Force majeure (Overmacht – 6:75 Dutch Civil Code). We are not responsible for any delay in, or failure of, performance of our obligations under any these Terms arising from any cause that cannot be attributed to us due to our fault nor for our account in accordance with the law, a legal act or generally accepted principles, including but not limited to any of the following: governmental act, war, fire, flood, explosion or civil commotion, strike, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), natural disasters, pandemics, and industrial action.

12.2 Applicable law. These Terms shall be subject to Dutchlaw.

12.3 Competent court. For any disputes arising out of or in connection with these Terms, the customer may choose between the competent court at the place of his or her residence (for example, the Netherlands) or the court of where Silhouette is established.

12.4 Mediation. It is possible to go through amicable settlement of disputes methods. In the event of a possible dispute, you must first make a prior written request to Silhouette to try to resolve this dispute. If this process of amicable settlement of the dispute does not succeed, you can contact the Consumer Mediation Service here: De Geschillencommissie - De Geschillencommissie. Please note that at European level, the European Commission offers an alternative dispute resolution platform, available at http://ec.europa.eu/odr.

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