General Terms and Conditions of OTC Siebenhandl GmbH

Section 1 Scope of application

(1) The following General Terms and Conditions (also referred to as 'general contractual terms and conditions' or 'general terms and conditions' or 'T&C' in the following) apply exclusively between

 

OTC SIEBENHANDL GmbH, Hafenbad 1, 89073 Ulm, This email address is being protected from spambots. You need JavaScript enabled to view it., telephone: 07305 9670-0, fax: 07305 9670-26,

 

entered in the Commercial Register, court of registration: Amtsgericht Ulm [Ulm Local Court], Registration number: HRB 2839,

(referred to as 'Supplier' or 'We' in the following) and every customer of the Supplier (referred to individually or collectively as 'Customer' or 'Ordering Party' or 'They' in the following) for all services that are offered via the online platform under the domain www.iVIATOR-sunglasses.com (referred to individually and collectively as 'Online-Shop' in the following). Differing terms and conditions of the Ordering Party will not be recognised unless the Supplier explicitly consents to their validity in writing.

(2) These C&T apply for Ordering Parties who are consumers. The Customer is a consumer insofar as the purpose of the deliverables and services ordered cannot be ascribed to his commercial or freelance professional activity.

(3) For Ordering Parties that are not consumers our differing general terms and conditions only, which are displayed at our business premises and can be provided upon request, apply to dealers.

(4) The Supplier reserves the right to adjust or amend the T&C at any time with effect for the future. The Supplier will draw attention to amendments to the T&C at an appropriate place in the Online Shop or by e-mail to registered customers. The Customer shall accept the T&C as amended by his login and/or by creating his own customer profile on the website of the Online Shop.

Section 2 Personal and technical prerequisites

(1) The personal prerequisites for the use of the online offer is unrestricted, i.e. generally completion of the minimum age of 18 years. Use of the Online Shop by minors is only permitted under the supervision of a parent or legal guardian. Services for which a charge is made and other possible applications of the online service may only be used by a parent or legal guardian in all cases.

(2) No claim to registration and participation in the offerings of the Online Shop exists. Furthermore each customer must provide the required registration data pursuant to the electronic registration form as a customer or guest. The data communicated by this procedure will be captured, processed and stored by the Supplier electronically pursuant to the following retrievable data privacy declaration in compliance with the Bundesdatenschutzgesetz (Federal Data Privacy Act]. The registration is only valid if it is made using correct and complete data. The Customer is obliged to keep his password secret unless he is only using the offer as a 'guest' without a password of his own. Passing on to and use of the login by any third party is not permitted. The Supplier will not accept any liability for damage arising from unauthorised use of his password.

(3) The use of cookies may be required for the use of the web pages and the Online Shop for its functioning and in order to check access authorisation. Cookies are text files that make personalised and individual use of the Online Shop possible. Cookies tell us which areas of our website the Customer has used, help us to assess the impact of advertising and the search for specific content in the Online Shop and give us insights into use behaviour so that we can optimise our communications and our products. Insofar as the browser settings of the Customer do not permit this, registration with or use of the Online Shop - in its entirety or in relation to certain parts - may not be possible or only with substantial limitations in certain circumstances. Generally speaking, you can prevent the storage of cookies on your hard drive by selecting 'do not accept cookies' in your browser settings. You can also set your browser in such a way that before setting cookies it asks you whether you are in agreement. Finally, you can delete cookies that have been set at any time. For details of how to do this, please consult the instructions of your browser manufacturer. Insofar as the browser settings of the Customer do not permit this, registration with or use of the Online Shop - in its entirety or in relation to certain parts - may not be possible or only with substantial limitations in certain circumstances. For details relating to personal data please read the notes in the data privacy declaration.

(4) You need to have a computer with appropriate software to use the webshop, which enables the presentation of standards-compliant HTML 5 websites with javascript and cookie usage and must have a suitable online access to the internet or mobile Internet which allows the online shop work technically correct. The resulting connection costs are not part of the contract. Use of the Online Shop presupposes the deployment of suitable hardware and software.

Section 3 Conclusion of the contract

(1) The Customer can select products from the Online Shop offering of the Supplier and collect them in what is known as an electronic shopping cart using the >order< button. The Customer makes a binding application to purchase the goods in the cart by using the button >buy now<. The Customer can change and view the data at any time before sending the order. However, the order can only be placed and transmitted if the Customer accepts these contractual terms and conditions by clicking on the button >accept T&C<, thereby incorporating them into his application.

(2) The Supplier will then send the Customer automated confirmation of receipt by e-mail in which the Customer's order is shown again with all its details and the contractual terms and conditions and which the Customer can print out by using the feature >print<. The automated confirmation of receipt only documents that the Supplier has received the Customer's order and does not constitute a declaration of acceptance by the Supplier, which will be sent by a separate e-mail or be by delivery of the goods by the Supplier.

(3) We will deliver the goods ordered after the amount of the invoice for the goods ordered has been paid.

(4) The illustration of the goods on our price list and/or in our Online Shop can deviate from the appearance of the goods delivered and does not constitute a quality guarantee or quality agreement.

Section 4 Delivery, passage of risk, availability of goods

(1) If the product selected by him is not in stock at the time the Customer places an order, the Supplier will inform the Customer of this in the Online Shop prior to the order.

(2) We will inform you of the envisaged delivery period before you order in the case of orders via our Online Shop.

(3) Delivery will be made to the delivery address indicated by you within the Federal Republic of Germany.

(4) The place of fulfilment and performance is the seat of the Supplier at Hafenbad 1, 89073 Ulm. The risk of loss of or damage to the goods ordered will pass to the Ordering Party upon handover of the goods ordered to the carrier.

(5) The Supplier does not deliver to Packstationen [automated parcel terminals] of Deutsche Post AG or comparable PO boxes.

(6) The Supplier has the right - assuming the Customer can reasonably be expected to accept this - to make part deliveries or render services in part at any time.

Section 5 Retention of ownership

The goods delivered will remain the property of the Supplier until paid for in full.

Section 6 Prices and shipping costs

(1) All prices, offers and price lists quoted in the Online Shop of the Supplier are in EURO and include the statutory value-added tax in the case of deliveries within the Federal Republic of Germany.

(2) The shipping costs will be named to the Customer via the order form displayed in the Online Shop and are to be paid by the Customer.

(3) Details of shipping costs for deliveries outside the Federal Republic of Germany can be viewed before you place your order by entering the delivery destination in the Online Shop.

Section 7 Making payments

You can use the following forms of payment at our Online Shop:

(1) Credit card

Your credit card will be debited upon placing of the order. The invoice amount will be debited after receipt of the order and confirmation of the purchase offer by the Supplier pursuant to these T&C.

(2) PayPal

You pay the invoice amount via the PayPal online provider. You must first already be registered or register there, authorise yourself with your access data and confirm the payment order to us (exception if applicable: guest access). You will be provided with further information during the order process.

(3) 'Sofort' remittance

We also offer the Sofort remittance service. In this way we receive the amount remitted directly. This speeds up the entire order process. All you need to use this service is the account number, sort code, PIN and a TAN. A Sofort remittance is an automated credit transfer in your online bank account in real time via a secure payment form of Sofort AG not accessible to dealers. The price of the purchase is transferred to the bank account of the dealer immediately and directly. If the Sofort mode of payment is chosen, a prepared form will appear at the end of order process. Our bank details have already been entered on the form. Apart from this, the amount to be remitted and the purpose of payment are already indicated. Then you have to select the country where you have your online bank account and enter the bank sort code. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. This will be followed directly by confirmation of the transaction. Basically, any Internet user can use the Sofort remittance as a means of payment if he has an activated online bank account with PIN/TAN features. Please note that a small number of banks do not yet have the Sofort remittance service available. For further information on whether your bank supports this service please go to https://www.sofort.com/ger-DEgeneral/fuer-kaeufer/fragen-und-antworten/

(4) Giropay

You pay the invoice amount via the online banking service of your bank; you will be directed there during the order process. Just login as usual, e.g. with your account number and PIN and authorise your payment e.g. with a TAN. The prerequisite is that your bank takes part in GiroPay. The purchase price is due and payable as soon as the contract has been concluded.

Section 8 Warranty, guarantee

(1) The statutory warranty claims apply to all goods from our Online Shop.

(2) In the event that articles supplied have any material defects or manufacturing flaws - this also includes damage incurred during transportation - please register a complaint to us about these defects without delay. However, failure to lodge a complaint will not affect your statutory rights. Insofar as we give you a supplier's guarantee, the details are contained in the guarantee terms and conditions that are attached to each article supplied and can also be viewed electronically via the Online Shop. Guarantee claims exist irrespective of statutory claims and rights.

(3) Unless contractually agreed separately, the Supplier himself will not provide any guarantee regarding features and technical data specified in the Online Shop that exceed the scope of the existing statutory duties.

Section 9 Liability

(1) The Supplier is liable

  • in the case of intent or gross negligence, also on the part of his representatives and vicarious agents;
  • in the case of slight negligence only if an essential duty is infringed, confined to the typical, foreseeable damage typical for the contract; no liability will be accepted for indirect and unforeseeable damage as well as for claims of any third party in the case of slight negligence;
  • on the strength of the guarantee in full.

(2) Apart from this, the Supplier is not liable.

(3) Liability of the Supplier for personal injury (injury to life or limb and health) and liability under the Produkthaftungsgesetz [Product Liability Act] remains unaffected.

Section 10 Instructions on cancellation

Corresponding to the valid statutory provisions on distance contracts you have the following right of cancellation.

Instructions on cancellation

Right of cancellation

You have the right to cancel this contract within fourteen days without stating reasons.

The period for cancellation is fourteen days as of the day upon which you or a third party named by you, who is not the carrier, took possession of the last goods.

In order to exercise your right of cancellation you must notify us ((OTC SIEBENHANDL GmbH, Lämmerweg 29, 89079 Ulm, This email address is being protected from spambots. You need JavaScript enabled to view it., telephone: 07305 9670-0, fax: 07305 9670-26)) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, a telefax or an e-mail). For this you can use the attached specimen cancellation form; however this is not mandatory.

In order to comply with the cancellation period it is sufficient for you to send notification that the right of cancellation has been exercised before the period for cancellation expires.

Consequences of cancellation

If you cancel this contract, we are required to refund to you all payments we received from you, including the shipping costs (with exception of the additional costs that arose if you chose a different form of shipping from the most favourable standard shipping quoted by us) without delay and no later than fourteen days as of the day upon which notification of this contract was received by us. We will use the same means of payment that was used by you for the original transaction unless anything else was agreed with you explicitly; no charges will be made on account of this refund in any circumstances. We can refuse to refund the amount in question until the goods have been returned to us or until you have shown us proof that you have returned the goods, depending on which occurs first.

You are required to return or hand over the goods without delay, and no later than fourteen days as of the day on which you inform us of cancellation of this contract, to us OTC7HANDL Hafenbad 1, 89073 Ulm, Germany. To comply with the period, it suffices if you send us the goods before the 14-day period expires. The direct costs of returning the goods are to be borne by you.

You will only be required to pay for any loss of value of the goods if this loss of value is due to unnecessary handling to check the quality, features and functioning of the goods.

Section 11 Statutory exclusion of the right of cancellation

The right of cancellation exists unless anything else has been agreed between the contracting parties and, in particular, does not apply in the case of the following contracts:

(1) Contracts to supply goods that are not ready-made and for whose manufacture an individual selection or stipulation by the consumer is decisive or which clearly are customised to the personal needs of the consumer. For example, this applies if the spectacles settings or frames ordered are engraved at the request of the Customer.

(2) The statutory provisions also apply in other respects.

Section 12 Final provisions

(1) Ousting the UN Convention on Contracts for the International Sale of Goods, the law of the Federal Republic of Germany applies to contracts between the Supplier and the Customer.

(2) Insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the Customer and the Supplier is the seat of the Supplier (Ulm).

(3) The language of the contract is German. Insofar as these T&C in English are incorporated into the contract concluded between the Supplier and the Customer, the language of the contract will be English.

(4) Even if individual points are without legal effect, the contract will continue to be legally binding in its remaining parts.

Ulm, 28 January 2015

OTC Siebenhandl GmbH