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Terms & Conditions

 
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Terms & Conditions
 

§1 Scope

(1) The following General Terms and Conditions in the version valid at the time of conclusion of the contract shall apply exclusively to contracts concerning the sale and delivery of movable items (hereinafter referred to as "goods") between you as the customer and us, Edeloptics GmbH, Nobistor 16, 22767 Hamburg. Any diverging conditions will not be accepted, unless we confirm their validity. (2) These General Terms and Conditions apply only if the customer is a consumer in the sense of section § 13 BGB (German Civil Code), which is any natural person entering into a contract for purposes neither relating to their commercial nor their freelance professional work.

§2 Offer, Order Process and Conclusion of Contract

(1) None of the information and offers contained in our online shop (www.edel-optics.co.uk) relating to the products distributed by us constitute a legally binding offer, but rather an invitation to place an order (a so-called invitatio ad offerendum).

(2) You place an order in our online shop by the following steps:

  • By clicking the button “Add to cart“ or “Order with prescription” you add the product to the cart noncommittally.

  • Through hovering over the cart (mouse-over) you can view and/or delete your chosen products.

  • You start the ordering process for the products in the cart by clicking “Proceed to Checkout”.

  • Within the order process, you enter your billing and delivery address as a new customer or log in with your email address and password if you already have a customer account.

  • In the next steps you can choose your payment method and mode of shipment. A change of delivery address is also possible here.

  • In the last step you can review your order and enter a discount code (if applicable). Once all the details are correct, you have accepted our General Terms and Conditions by ticking the box and have taken note of information about your legal right of cancellation, you place a binding order for the goods contained in your shopping basket by clicking the "Place your order" button.

    (3) Conclusion of Contract
    We will confirm receipt of your order by e-mail immediately after you have placed your order (confirmation of receipt of order). The confirmation of receipt does not yet represent acceptance of the purchase agreement. The purchase contract only comes into existence when we accept your online order by sending a separate order confirmation by e-mail or by delivering the goods to you within five days. (4) We save the contract text and email you the order details and our Terms and Conditions including the right of cancellation and return. You can also view our Terms and Conditions here at any time. You can view past orders under your online customer account.

§3 Prices

(1) All prices are exclusive of delivery costs. The amount of the Shipping Countries & Rates to be borne by you is shown in our shipping costs list under “Shipping Countries & Rates”. (2) For delivery, prices as stated at the time of the order, in your selected currency, shall apply. All prices include statutory VAT at the respective statutory rate for shipping to countries in the European Union. In case of sale/despatch outside the European Union no VAT is charged. However, if applicable, you shall bear any import turnover tax and other customs duties in the country to which you have the goods delivered by us. When shipping to Switzerland, we will pay any import sales tax and all customs duties, i.e. you will not incur any costs other than the price stated in the national currency plus Shipping Countries & Rates.

§4 Methods of Payment, Delivery and Despatch

(1) The purchase price in full is due for payment immediately upon contract conclusion, unless deviations apply due to the rules in the following paragraphs 2 to 4. (2) The customer can choose between the following payment methods:

  • Credit card. We currently accept the following cards: Visa, MasterCard, American Express.

  • PayPal (further information about paying by PayPal can be found at www.paypal.de),
  • Pre-payment (pre-payments must be received within 10 working days of our order confirmation. If the payment has not been credited to our bank account within 21 days, the order will be automatically cancelled)
(3) Delivery shall only be made after actual receipt of payment, or with cash on delivery, or once the loan provider you chose when you placed your order has confirmed risk assumption. (4) We determine the type and route of despatch as well as the carrier at our own discretion unless otherwise expressly agreed by the parties.
(5) You will be informed immediately in the event of delivery delays.

§ 5. Set-off, Right of Retention

You may set off claims only to the extent that the counterclaim on which the right of set-off is based is undisputed or established by final judgment. You may assert this right of retention only on the basis of counterclaims which relate to the same legal relationship.

§ 6. Right of Cancellation

If you have bought goods in our online shop, the following cancellation policy applies:

Cancellation Policy
Right of Cancellation
You have the right to cancel the contract within 30 days without stating reasons. The revocation period is 30 days and shall commence the day you, or a third party of your choosing, who is not the courier, have or has taken possession of the goods. In order to exercise your right of cancellation, you need to inform us unambiguously about your decision to cancel the contract (e. g. a letter sent by post, a fax, or an email), using the following address:

Edeloptics GmbH
Nobistor 16
22767 Hamburg
Germany
Fax: +49 40 689878-828
Email: info@edel-optics.co.uk


You can use the sample form (below) for this, but this is not obligatory. In order to keep the cancellation deadline, it is sufficient that you send off the notification of your cancellation before the end of the revocation period.

Consequences of Cancellation:
In the event of effective cancellation, we are obliged to refund any payments you have made including delivery costs (with the exception of any additional costs that were caused by using a delivery service other than the low-cost standard offered by us), immediately and within thirty (30) days at the latest, after we have received your notification of cancellation of this contract. For the reimbursement we employ the same mode that you used in the original transaction, unless there is an explicit agreement otherwise; in no case however will we charge you for the reimbursement. We are entitled to hold back the refund until we have received the goods back, or until you have provided evidence that you have sent the goods back, depending on which happens first.
We bear the immediate costs of the returning of the goods.
You will have to bear the costs of loss of value, if this loss of value is caused by a handling on your side not required for the assessment of the condition, features and functions of the goods.



Exception to the Right of Cancellation:
Individually manufactured products such as customised glasses with prescription lenses are not covered by your right of cancellation.

Financed Transactions
If you finance the purchase with a loan and cancel it at a later time, you shall also be released from the loan contract, provided that both agreements make up an economic unit. This is a given in particular if we - Edeloptics GmbH - are simultaneously providing the loan, or if we assist the loan providing party with the financing. Should the loan already have been transferred to us at the time the cancellation becomes effective, your loan provider steps in as regards the legal consequences of the cancellation or the return.

Sample Cancellation Form
If you would like to cancel the contract you can use the following text by filling it in and sending it back us using the following address:

Edeloptics GmbH
Nobistor 16
22767 Hamburg
Germany

Email: info@edel-optics.co.uk

I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*)

Consumer’s name
Consumer’s address
Consumer’s signature (only if submitting on paper)
Date
-------
(*) delete as applicable

§ 7 Retention of Title

We shall retain title to the goods until payment of the purchase price has been made in full.

§ 8 Warranty, guarantee

(1) The statutory warranty rights apply to the goods offered in our shop. (2) We shall not be liable for any damage or defects arising out of the improper use, storage, operation or faulty or negligent treatment by the customer. The customer shall not be entitled to claim reimbursement of expenses for rectification carried out by themselves unless the customer first allowed a reasonable period of time for us to remedy the situation and that period lapsed to no avail.

§ 9 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts. (2) If your place of general jurisdiction is not in Germany, or if you have moved from Germany to another country after conclusion of this contract, or your place of residence is unknown at the time a lawsuit is commenced, the place of jurisdiction for any and all disputes arising out of or in relation to this contract shall be Hamburg/Germany. (3) Should provisions of these terms and conditions be legally invalid in full or in part or later lose their legal effect, then the validity of the remaining provisions of these terms and conditions shall not be affected by that. In place of an invalid provision the appropriate legal regulations shall apply.

Status as of 16.5.2018

Edeloptics GmbH Nobistor 16 22767 Hamburg Germany

**Telephone: **0 (+44) 2034995895 **Fax: **+49 40 689878-828 **E-Mail: **info@edel-optics.co.uk **Internet: **www.edel-optics.co.uk

**Managing Directors: **Dennis Martens, Michael Busch

**Register Court: **Hamburg Local Court **Register number: **HRB 108926 **VAT ID number: **DE264070174


Platform of the EU Comission for online dispute settlement: http://ec.europa.eu/consumers/odr
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