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Terms & Conditions

 
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Terms & Conditions
 

1. Scope

(1) These General Terms and Conditions shall exclusively apply to the supply of goods and the performance of services to consumers (section 13 BGB - German Civil Code). The version applicable as at the time of contract conclusion shall apply. 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 “Select lenses” 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 initiate the ordering process concerning the products in the cart by clicking “Proceed to Checkout”.
  • Within the ordering process, as a new customer you enter your invoice and delivery address, or as an existing customer you 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. Also, a change of delivery address is possible here.
  • In the last step you can review your order and enter a discount code (if applicable). When all the details are correct, you confirm accepting our Terms and Conditions and acknowledging the information given concerning your legal right of cancellation and return by ticking the required box. By clicking on “Place your order” you agree to a binding order of all goods in the shopping cart.

(3) Conclusion of Contract
We confirm receipt of your order by email immediately after you have sent off your order. The confirmation of receipt does not yet represent acceptance of the purchase agreement. The purchase agreement comes into existence upon confirmation of the purchase order by a separate email or by delivery of the goods 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.

3. Prices

(1) All prices are exclusive of delivery costs. The amount of the delivery costs to be paid by the customer is listed on our website under “Shipping Countries & Rates”.
(2) For delivery, prices as stated at the time of the order, in your selected currency, shall apply. All prices are inclusive of VAT in case of sale/despatch within the European Union. In case of sale/despatch outside the European Union no VAT is charged. However, the customer shall bear any import turnover taxes as well as any excise duty which may be imposed in the country into which the goods are being imported.

4. Methods of Payment, Delivery and Despatch

(1) The purchase price in full shall become 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. With payment by credit card, your card will be charged upon shipment of the goods.
  • PayPal (for further information on payment via PayPal see www.paypal.com).
  • Cash on delivery
  • Bank transfer

(3) Delivery shall only be made after actual receipt of the purchase price, or with cash on delivery, or as far as 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) In case of any delays in delivery you shall be notified immediately by email.

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 the products 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/Disclaimer

(1) The statutory warranty rights apply to the goods available in our stores.
(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 at 16.5.2018
Platform of the EU Comission for online dispute settlement: http://ec.europa.eu/consumers/odr
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