General terms and conditions
Silhouette International Schmied AG
Effective as of 31 March 2023
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 Poland.
- 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 and to save or print them - before concluding an order. 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 Poland. Orders with delivery address outside Poland are not accepted.
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 we 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, however not later than within ….10 days after submitting of the order and offer you to either choose another product or get your payment refunded.
2.3 The order becomes binding for you as soon 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. Before clicking on the button “Confirm order” you may correct your entries at any time 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. For further simplification we use central customers 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.
2.5 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.
2.6 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.
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 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".
3.3 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.
- Right of withdrawal
4.1 You have the right to withdraw from an agreed order 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 your unequivocal withdrawal statement 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 use beyond what is necessary to establish the nature, characteristics and functioning of the goods .
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.
- 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 Poland. Prices are in Zloty. Silhouette reserves the right to change prices at any time for future purchases of the same products without sending you a prior notice.
6.1 We deliver goods ordered via our Webshop within the territory of Poland.
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, however not later than within 10 days after submitting of the order .
- 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.
- 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.
- 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.
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 or the nature of the incompatibility. Generally you can choose between repairing or replacing the product. However, if repairing or replacing the product is impossible or involves disproportionate cost or has not been, or will not be, made within a reasonable time and in a reasonable manner, or where a material inconsistency justifies it, 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 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.
9.4 All other claims of Customers (like compensation for consequential harms caused by defects) are excluded to the extent permitted by law. We are always fully liable for personal injuries (injuries of life, body, or health) and on claims based on product liability laws.
- Data protection
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, firstname.lastname@example.org.
11.2 Declarations or notifications to customers will be sent to the e-mail address provided by customers themselves.
- Final provisions (force majeure, applicable law, competent jurisdiction, mediation)
12.1 Force majeure. We are not responsible for any delay in, or failure of, performance of our obligations under any these Terms arising from any cause beyond our reasonable control including 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 Polish law.
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, Poland) or the court of Silhouette’s seat in Austria.
12.4 Mediation. At the European level, the European Commission offers an alternative dispute resolution platform, available at http://ec.europa.eu/odr. Silhouette does not generally agree to participate in the above or any other out-of-court consumer dispute resolution procedure, unless otherwise agreed in a particular case. In the event of a possible dispute, a request may be made in writing or by e-mail (to the address provided in Section 11.1) to Silhouette to try to resolve this dispute. If this process of amicable settlement of the dispute does not succeed, you may turn to the competent court.