General Terms and Conditions eyesandmore.de
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded via eyesandmore.de between us, the
eyes and more GmbH
hereinafter also referred to as eyes + more
VAT number: DE814648545
Registered office of the company: Hamburg
Commercial register Hamburg: HRB 135932
Authorised managing director
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions of sale,
our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) Unfortunately, we cannot accept any deviating terms and conditions of the customer and hereby expressly object to them.
§ 2 Order, conclusion of contract and right of withdrawal in case of failed covering transaction
(1) The presentation and advertising of articles at eyesandmore.de does not constitute a binding offer to conclude a purchase contract. Also, the products can be subject to changes of the manufacturers, on which we have no influence. In these cases you can withdraw from the contract.
(2) After you have added your products to the shopping cart, you can view the gross prices of the glasses there. In addition, you can specify the desired prescription for each pair of glasses, or order glasses without prescription. You can also delete individual items or change the order quantities. Once you have completed your selection, you can click the “Checkout” button. You will find the accepted means of payment at the bottom of the web page.
(3) You will be taken to the “Login/Register” page. Here you have the option of logging in to an existing customer account, creating a new one or ordering as a guest. To create a new customer account or to order as a guest, you will be asked to enter your data. If you are already logged in with an active customer account, you will immediately be taken to the “Checkout” step.
(4) In the next step, “Checkout”, you can enter or view and change all order-relevant data, such as the billing and delivery address and the shopping basket with prices and delivery date, and select the payment method.
(5) You will then be taken to the “Final check” page where you will find the details of your order listed. By clicking the button “Order with costs” you place a legally binding order. The legal right of withdrawal remains unaffected. You will receive an order confirmation by e-mail. This constitutes the declaration of acceptance of the contract, so that the contract is deemed to have been concluded upon its receipt by you.
(6) Finally, in order to select the method of payment, you will be redirected to the page of a third-party provider where you can enter the payment and invoice data.
(7) You are responsible for the accuracy and timeliness of the data you provide during the ordering process. If you have created a customer account, its password may not be passed on and must be kept inaccessible to unauthorised persons. In the event of misuse, you shall be liable in accordance with the statutory provisions.
(8) Personal data necessary for the execution of the contract will be stored by eyes + more, but will be treated confidentially and, except for payment service providers and suppliers, will not be passed on to third parties.
(9) Should the delivery of the goods ordered by you not be possible, because despite the making of a concrete covering transaction with our manufacturers and suppliers the goods cannot be delivered there or not completely, we can withdraw from the contract with you, provided that we are not at fault with regard to the failed covering transaction. The same applies in cases where the goods are damaged during the production process and are no longer available or if the goods are sold out. We will of course inform you of this in a timely manner and refund any payments already received without delay.
§ 3 Right of withdrawal / 90-day satisfaction guarantee
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to his or her commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation according to clause 1, you shall bear the regular costs of the return shipment. However, you can also return the glasses to any of our branches.
(3) In all other respects, the provisions set out in detail in the cancellation policy (https://www.eyesandmore.de/widerrufsbelehrung) shall apply to the right of cancellation.
(4) As part of our satisfaction guarantee, we also grant you a 90-day right of return. If you are dissatisfied with your glasses within the first 90 days after delivery, you can return them free of charge to one of our shops and receive a refund of the purchase price. This only applies if the glasses are undamaged when returned to the shop.
§ 4 Terms of delivery
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is 21 working days from conclusion of the contract unless otherwise agreed. If, in exceptional cases (e.g. if the glasses are damaged during the production process), longer delivery times should occur, we will of course inform you immediately.
(3) The goods will be shipped to the delivery address you have given us within Germany. If the goods are returned for any other reason than for the purpose of exercising the right of revocation, you shall bear the costs of the outward and return shipment as well as the risk of loss of the goods during the return shipment.
§ 5 Prices
(1) All prices on eyesandmore.de are gross prices and include the legal sales tax and the shipping costs.
(2) The shipping costs are included in our prices at eyesandmore.de. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.
§ 6 Terms of payment
(1) The purchase price and shipping costs are due immediately after conclusion of the contract.
(2) You can choose to pay the purchase price by Paypal, Sofortüberweisung or credit card. In the case of payment by Paypal, instant bank transfer or credit card, we will arrange for your account to be debited immediately after conclusion of the contract. Charges for return debits or chargebacks (e.g. when paying by credit card) shall be borne by you.
§ 7 Warranty
(1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the articles.
§ 8 Copyrights
We have copyrights or rights of use to all pictures, films and texts published at eyesandmore.de. A use of the pictures, films and texts is not permitted without our explicit approval.
§ 9 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Cancellation policy for online orders
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (eyes and more GmbH, Hindenburgstraße 49, 22297 Hamburg, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To eyes and more GmbH, Hindenburgstraße 49, 22297 Hamburg, E-Mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*)/received on (*): __
Name of consumer(s): __
Address of the consumer(s): __
Signature of consumer(s) (only in case of paper communication): __
(*) Delete where inapplicable