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Terms & Conditions

 
 
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Terms & Conditions
 
Contents
1 Scope

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.


2 Offer 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. Prices are subject to change and errors and omissions are excepted. Photos, descriptions and additional details are intended for general information purposes only and do not represent any guarantee of contractually agreed properties or quality.

(2) The customer’s order shall constitute an offer to buy from us within the meaning of section 145 BGB (German Civil Code). We shall confirm receipt of the offer by E-mail.

(3) A purchase agreement comes into existence upon confirmation of the purchase order. The customer shall receive a separate order confirmation by E-mail. A purchase agreement also comes into existence through the customer’s acceptance of the goods.

(4) The purchase agreement shall come into existence subject to our being supplied correctly and in a timely manner by our own suppliers, unless we are either responsible for the incorrect or untimely delivery by our own suppliers, or such supply shortages on the part of our suppliers are short-term only. In the event that the item ordered is unavailable we shall notify the customer immediately thereof. Any payments made in advance shall be reimbursed immediately by us.


3 Prices and Payment Terms

(1) For delivery, prices as stated at the time of the order, in the customer’s 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.

(2) All prices are exclusive of delivery costs. Delivery costs to be borne by the customer are stated in a separate list of delivery costs.

(3) The purchase price shall become due for payment immediately upon contract conclusion. In the event of default in payment we shall be entitled to refuse delivery of all goods to the customer including any goods under a different contract. We shall not be liable for any loss resulting from such non-delivery.

(4) Payment shall be made in advance by bank transfer or credit card.


4 Set-off, Right of Retention

The customer 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. The customer may assert his right of retention only on the basis of counterclaims which relate to the same legal relationship.


5 Delivery and Despatch

(1) Delivery shall only be made after actual receipt of the purchase price.

(2) We determine the type and route of despatch as well as the carrier at our own discretion unless otherwise expressly agreed by the parties.

(3) All specified delivery times are subject to change unless the parties agreed on a binding delivery time. Any delays in delivery shall be notified to the customer immediately by E-mail. In the event that the item you ordered is no longer available, any payments made in advance shall be reimbursed immediately.

(4) Binding delivery times must be agreed in writing. The delivery deadline shall be deemed complied with if the goods are despatched before the deadline expires. Any agreed delivery times are subject to our being supplied correctly and timely by our own suppliers. In the event of a statutory or official order (import/export restrictions), war or force majeure, the delivery time shall be extended for an appropriate period. Any claims for damages arising out of failure to meet delivery deadlines shall be excluded.


6 Right of Cancellation

Cancellation Policy

Right of Cancellation

You may cancel the contract in writing (e. g. letter, fax, E-mail) within 14 days without stating reasons, or in case you received the item prior to the expiry of the period, by returning the item. The period shall commence on receipt of this policy in written form, however, not before the goods have been received by the recipient (in the case of recurring delivery of similar goods, not before the first partial delivery has been received) and not before we have met our information obligation under Art. 246 section 2 in conjunction with section 1 subsection 1 and 2 EGBGB (Introductory Act to the Civil Code) as well as our obligations under section 312e subsection 1 1st sentence BGB in conjunction with Art. 246 section 3 EGBGB. In order to meet the cancellation deadline, the timely despatch of your cancellation notice or despatch of the relevant item shall be deemed sufficient. Your cancellation notice must be sent to:

Edeloptics GmbH
Drehbahn 9
20354 Hamburg
Germany

Fax: +49 40 689878-828
E-mail: info@edel-optics.co.uk

Consequences of Cancellation:

In the event of effective cancellation, any mutual consideration received by the parties shall be returned and any additional gains shall be handed over or paid to the other party respectively (e.g. interest). If you are unable to return the goods received in full or in part, or if you can return them only in deteriorated condition, you shall be liable to pay compensation for lost value, if applicable. This shall not apply where the deterioration of the goods is due exclusively to their being examined, as would have been possible in the shop for example. However, you can avoid your obligation to provide compensation for any deterioration of the goods caused by the intended use, by refraining from using the relevant item as if it were your own property and by avoiding doing anything that may affect its value. Items that can be returned by package shall be returned at our risk. You shall bear the costs of returning the goods, if the goods actually delivered correspond to your order and the price of the relevant item does not exceed €40.00 or where the price of the item is higher and at the time of cancellation you have not paid the consideration or the contractually agreed partial payment. In all other cases you will not be charged for returning the goods. Items that cannot be shipped by package shall be collected at your premises. Any obligation to refund payments already made shall be met within 30 days. The period applicable to you shall commence upon despatch of the cancellation notice or the item; the period applicable to us shall commence upon receipt of the same.

Individually manufactured products such as customised eyeglasses with prescription lenses are not covered by your right of cancellation.

End of cancellation policy.


7 Cost agreement


(1) In the event that the customer makes a cancellation claim, he shall agree to bear the usual costs of returning the item, if the goods delivered correspond to the order and if the price of the item to be returned does not exceed the sum of €40.00 or if it does exceed €40.00 and at the time of cancellation no consideration has been paid or contractually agreed partial payment has been made. In all other cases, returning the goods will be free of charge for the customer.

(2) In case the value of the relevant item is below € 40.00, we are happy to arrange for the free return of the relevant item as well if the customer notifies us in advance that he wishes for the item to be returned.


8 Reservation of Title

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


9 Warranty/Disclaimer

(1) We shall warrant that the delivery items are free from material defects according to the state of the art, i.e. that they are fit for their intended or normal purpose and possess the properties normally to be found in goods of a similar kind. Damages claims as a result of any defects in the goods shall be excluded. The warranty period shall be two years. The warranty period shall commence upon the customer’s receipt of the goods. Consumables and wear parts shall be excluded from warranty.

(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 himself unless the customer first allowed a reasonable period of time for us to remedy the situation and that period lapsed to no avail.

(3) Where a defect becomes apparent only more than six months after receipt of the goods, the burden of proof shall be on the customer to show that the item was defective at the time of the passing of the risk.

(4) If the purchase item is defective, the customer, at his own option, shall be entitled under section 439 BGB to request rectification of the defect or alternatively, delivery of a defect-free item. The purchaser shall then return the relevant item along with a detailed account of the defect and a copy of the delivery slip.

(5) Unless expressly agreed otherwise, any further claims on the part of the customer shall be excluded on whatever legal grounds. The aforementioned disclaimer shall not apply where the loss is caused by intentional acts or gross negligence. Any liability arising out of culpable injury to life, limb or health as well liability under the Product Liability Act shall remain unaffected.

To the extent that our liability is excluded, this shall apply to the personal liability of our employees as well.


10 Privacy

The personal information required in order to transact business will be stored and used for order processing. All personal information shall be treated as confidential and shall certainly not be passed on to third parties.


11 Miscellaneous

(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) To the extent permitted by law, the place of performance and exclusive place of jurisdiction for any and all disputes arising out of or in relation to this agreement shall be Hamburg/Germany.

(3) Where the customer has no general place of jurisdiction in Germany or moved his domicile outside Germany after the contract has been made, or where his domicile is unknown at the time an action is filed, the place of jurisdiction for all disputes arising out of or in relation to this agreement shall be Hamburg/Germany.


Status as at 01.08.2010
Platform of the EU Comission for online dispute settlement: http://ec.europa.eu/consumers/odr