General Terms and Conditions

Silhouette International Schmied AG

Status as of 2nd February 2022

The following General Terms and Conditions ("Terms") form the basis of all contracts concluded with customers via the web shop www.evileye.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

1.1The 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 according to these Terms. As far as these Terms do not provide for deviating provisions the contractual relationship between Silhouette and the customer shall be guided by the provisions of the Swiss Code of Obligations (“OR”). The customer has the possibility to view these Terms before concluding an order and to save or print them. In order to place an order, the customer 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 delivered exclusively to customers domiciled or seated in Switzerland and to delivery addresses in Switzerland.

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 consists of sportglasses from the evil eye collection which are also suitable for corrective lenses.

2.5 The online product catalogue of evil eye is diligently managed and kept up to date. You can mark products non-bindingly by clicking the "Add to shopping cart" button and delete them at any time by clicking the "Remove product" button. However, the maximum number of products which can be marked at the same time using the "Add to shopping cart" function and subsequently ordered is limited to three (3). However, the foregoing activities have no influence on the further availability of the products. If you click the button "Check out", you will be forwarded from your shopping cart filled with products to the order overview and will be able to complete your order by selecting the payment method of your choice.

3. Payment

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 refuse certain payment methods occasionally or permanently and to refer you to other (common) payment methods.

3.2 When selecting the payment method PayPal, you will be redirected to the website of the online payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). You can enter your payment details directly and confirm that you wish to complete the transaction. With the Second Payment Services Directive (PSD2), new security requirements for accepting online card payments came into force on 14 September 2019. Using two-factor authentication, you are required to provide two different details (e.g., PIN, TAN, biometric features such as fingerprint) in order to be authenticated electronically. As of 1 January 2021, two-factor authentication will be mandatory for all purchases on the Internet with credit cards and payment services. Please note that you need a PayPal account to use this service and that we have no influence on the collection, use and processing of your (payment) data. By confirming your payment via PayPal, we accept your offer to conclude a contract. The debit takes place after the order has been completed. Please also note the terms and conditions and privacy policy of PayPal under https://www.paypal.com/ch/webapps/mpp/ua/legalhub-full?locale.x=en_CH.

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 this contract within thirty (30) days without giving any reasons. The withdrawal period will expire after thirty (30) 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. To exercise the right of withdrawal, please send an explicit declaration (e.g., a letter sent by post, fax, or e-mail) to the contact address detailed in Section 10 or use the attached withdrawal form. To meet the withdrawal deadline, it is sufficient for you to send us your unequivocal withdrawal statement before the withdrawal period has expired.

4.2 If you withdraw from this contract within the deadline according to Section 4.1, , we shall reimburse to you all payments received from you not later than fourteen (14) days from the day on which we have fully received the goods sent back by you. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise. The same shall apply to the costs of the initial delivery as incurred with the least expensive standard delivery offered by us; initial delivery costs exceeding such standard delivery will not be reimbursed. Please note that you will need to cover the costs for return shipment and associated customs fees incurred. We will not charge any other costs or fees for the reversed transaction. Please use for the return shipment the return labels accompanying your order and send the goods to Silhouette International Schmied AG, Versandservice (PVS), Schleißheimer Str. 93a, D-85748 Garching bei München. We may withhold reimbursement until the goods have been received by us in München or you have supplied evidence of having sent the goods back. You shall send back the goods without undue delay and in any event not later than thirty (30) days from the day on which you sent us your withdrawal statement. You are only liable for any diminished value of the goods if this was caused by your unsuitable handling of the goods.

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 outer packaging).

5. Prices and shipping costs

We sell our goods for the prices shown in the Webshop at the time of ordering, which do not include statutory value-added tax. The delivery is free of shipping costs regardless of the order value. Any customs duties, and other taxes, fees and charges arising out of and in connection with a delivery outside of the EU have to be borne by you. Prices are in Swiss Francs (CHF). Silhouette reserves the right to change prices at any time.

6. Delivery

6.1 We deliver goods ordered via our Webshop only within Switzerland. If goods or parts of an order are not available, the customer will be informed separately by e-mail, unless he/she has already been informed of this circumstance during the ordering process.

6.2 Unless otherwise stated in the item description, the delivery time is approximately five (5) 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. The risk shall only already pass to the customer upon handover to the forwarder, the carrier or any other person or institution designated to carry out the transport if the customer has concluded a transport contract with another carrier than the carrier proposed by Silhouette. 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. Warranty; Liability

8.1 Silhouette warrants that the goods are free from material defects and defects in title, which could demolish or materially limit the value or suitability of the goods for their implied use (“defect”). The customer is obliged to examine the goods immediately after receipt. Silhouette has to be notified of possible defects within 10 days after receipt of the goods, otherwise the goods shall be considered accepted and confirmed and any further warranty claims shall be forfeited. Defects which could not be detected in the course of a due examination must be notified to Silhouette immediately after their discovery. The statutory period of limitation for raising warranty claims for defects (Art 210 OR) runs for 24 months and starts on the day the customer receives the goods. In case of defects the customer can generally chose between a repair of the defect (“rectification”) or an exchange of the affected goods (“replacement”). A rescindment of the contract and reverse transaction (“annulment”) are only an option in case a rectification or a replacement are not possible within due course. The product descriptions of the goods in the Webshop are no representations in the meaning of Art 197 OR and no guarantees in any other way.

8.2 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. We are always fully liable for personal injuries (injuries of life, body, or health). All claims based on the Swiss Federal Product Liability Act (PrHG) remain expressly reserved.

9. Data protection

9.1. Your personal data will be processed in accordance with our privacy policy. With your registration and/or order via the Webshop you declare your express consent with our privacy policy.

9.2. Detailed information on the processing of personal data can be found in our privacy policy, available under Privacy Policy.

10. Communications

10.1. Declarations or communications of any kind shall be addressed to Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, ch.evileye.service@silhouette-international.com.

10.2. Declarations or notifications to customers will be sent to the last e-mail address provided.

11. Final provisions

11.1. Swiss law to the exception of the UN Convention on Contracts for the International Sale of Goods (CISG) shall apply to these Terms and all contracts concluded based on them. The language of the contract shall be English.

11.2. All disputes arising out of or in connection with these terms or contracts based on them between Silhouette and the customers shall be settled by the competent courts at the domicile or the seat of the customer.