General Terms and Conditions
Silhouette International Schmied AG
Version as of 31st of March 2022
The following General Terms and Conditions ("Terms") form the basis of all contracts concluded with customers via the web shop www.silhouette.com ("Webshop"). The Terms contain general, legal information on your rights and set out the conditions under which Silhouette International Schmied AG concludes contracts with customers.
1. Scope of application, saving of wording of the contract, language of the contract
1.1 The operator of the Webshop and contract partner of the purchaser of products through the Webshop (“customers” or “You”) is Silhouette International Schmied AG ("Silhouette" or "we"), Ellbognerstraße 24, 4020 Linz, Austria.
1.2 The sale and delivery of goods via the Webshop shall be carried out exclusively on the basis of these Terms. 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. By doing so, the Terms become part of the contract by mutual agreement. 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 a purchase that has already been completed. The current version of the Terms can be viewed at any time on our website under Terms & Conditions . We shall save the contract and send the order data as well as our Terms in text form to you.
1.3 All orders placed via the Webshop are exclusively delivered to addresses within Spain.
2. Offer and conclusion of contract
2.1 After entering your data and completing the order by clicking on the button "Confirm order" and accepting the Terms, you will immediately be sent a for Silhouette nonbinding order confirmation summarizing your order data by e-mail, to which these Terms are also attached. This e-mail is generated automatically and is not to be regarded as a confirmation of the conclusion of the contract. Silhouette confirms the acceptance of the customer's offer to enter into a contract by sending a separate e-mail, shipping confirmation or, alternatively, implicitly by sending the goods within the next two days after the receipt of the order by Silhouette. The product portfolio in the Webshop is therefore not a binding offer to customers but presents a general overview of the products to enable the customer to send an offer to Silhouette. The order becomes binding for the customer as soon as it has been sent. Customers may correct their entries at any time before sending an order by using the correction help which is provided and explained in the course of the ordering process.
2.2 You have the possibility under Login / Registration by selecting the option "Create a user account" to create a customer account in order to save you entering your data for future purchases. For further simplification, we use central customer accounts for our entire online offer.
2.3 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 personalized 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.
2.4 The product portfolio available in the Webshop comprises of sunglasses from the Silhouette collection.
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.
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, and you will be legitimized as the rightful cardholder. We will then ask your credit card company to initiate the payment transaction and accept your offer to conclude a contract. The credit card company automatically executes the payment transaction via two-factor authentication and your card is debited. The debit takes place after completion of the order.
4. Right of withdrawal
4.1 You have the right to withdraw from a contract already concluded within fourteen (14) days without giving any reasons. The withdrawal period will expire after fourteen (14) 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 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 revocation period.
4.2 Should you withdraw from a concluded contract, we will refund all payments received from you, within fourteen (14) days after receipt of your 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 reversal will not result in any other costs or fees for you. Please use the returns information enclosed with your order to return items and send the goods to PVS ZMD GmbH (Schleißheimer Straße 93a, 85748 Garching bei München, Deutschland). 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 fourteen (14) 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 Please avoid damage and contamination of the goods and return them in their original packaging including all accessory components (if necessary with protective out packing). 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.
5. Prices and shipping costs
The prices shown in the Webshop at the time of ordering, which already include the statutory value-added tax, apply. The delivery is free of shipping costs regardless of the order value. Prices are in Euros. Silhouette reserves the right to change prices at any time.
6.1 We deliver goods ordered via our Webshop within Spain. If goods or parts of an order are not available, you will be informed separately by e-mail, unless you have already been informed of this circumstance during the ordering process.
6.2 Unless otherwise stated in the item description, the delivery time is approximately six (6) working days.
7. 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. If the customer is in default of acceptance of the goods, the risk of loss and accidental deterioration shall pass to the customer at the time of default of acceptance.
8. Retention of title
Until the purchase price and all associated costs have been fully paid, the ordered goods shall remain the sole property of Silhouette. Until then, the customer shall in all respects bear the full risk for any goods entrusted to him 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.
9. Warranty; Liability
9.1 The customer’s warranty rights shall be determined in accordance with the legal warranty provisions. Silhouette warrants that the goods are of the quality and correspond to the description of the website and are fit for the purposes for which goods of the same type would normally be used. Silhouette shall be liable to the customer for any lack of conformity which exists at the time when the goods were delivered, and which becomes apparent within three years of that time.
9.2 Depending on the type and gravity of the defect, the customer can choose whether the defects should be repaired or whether the affected goods should be replaced. A rescission of the contract is possible if so provided for by the law, in particular if the customer’s request is not complied with within a reasonable period of time, or if repair or replacement are not possible.
9.3 All other claims of customers (like reduction in price, or compensation of damages, including the compensation for consequential harms caused by defects) are excluded to the extent permitted by law. Silhouette is not liable for errors in descriptions or details in the online shop 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.
10. Data protection
11.1. Declarations or communications of any kind shall be addressed to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, email@example.com.
11.2. Declarations or notifications to customers will be sent to the last e-mail address provided.
12. Final provisions
12.1 These terms and contracts concluded based on them shall be subject to Austrian law.
12.2 For any disputes arising out of or in connection with these terms or contracts based on them, the customer may choose between the competent court at the place of his or her residence or the court where Silhouette is domiciled.