General Terms and Conditions

General Terms and Conditions

Silhouette International Schmied AG

Status as of 24 August 2021

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 according to the regulations on distance selling and electronic commerce and set out the conditions under which Silhouette International Schmied AG concludes contracts with customers. With respect to any orders being made via the Webshop as well as in regards to the following provisions, all customers shall be classified as consumers in the sense of section 13 of the German Civil Code (Bürgerliches Gesetzbuch) and thus have all rights which are legally connected with such position.

1. Scope of application, saving of wording of the contract, language of the contract

1.1 The contractual partner and operator of the Webshop 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. The customer has the possibility to view these Terms before concluding an order and to save or print them later on. 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 The contract can be concluded in the following languages: German, English.

1.4 All orders placed via the Webshop are delivered exclusively to delivery addresses in Germany.

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 an 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, implicit by sending the goods within the next five days after the receipt of the order by Silhouette. If the payment process is triggered immediately after an order has been placed and the corresponding payment is actually made, Silhouette will also accept the contractual offer (for further information on the topic please refer to the terms on payment methods in Section 3, Payment). Silhouette is not obliged to conclude contracts with customers. The product portfolio in the Webshop is therefore not a binding offer to customers, but presents a nonbinding online product catalogue. You have the option to add our products non-bindingly to the shopping cart and correct your order by using the correction help which is provided and explained in the course of the ordering process at any time prior to sending your order. By clicking on the order button you place a binding offer for the products added to your shopping cart.

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. Accordingly, you can also log in to our Silhouette online shop with the access data of your customer account once it has been created.

2.3 In the customer portal 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 sportglasses from the evil eye collection, which are also suitable for corrective lenses.

2.5 The online product catalogue is conscientiously managed and kept up to date by the brand evil eye. 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, credit card and immediate bank transfer (Sofortüberweisung). We also reserve the right to occasionally or permanently refuse certain payment methods 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/de/webapps/mpp/ua/legalhub-full?locale.x=en_DE .

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.

3.4 After selecting the payment method immediate bank transfer (Sofortüberweisung), you will be redirected to the website of the online payment provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany ("Sofort"). The Second Payment Services Directive (PSD2) is also applicable to immediate bank transfers. For this reason, the immediate bank transfer contains an additional authentication procedure, the so-called second factor. If you choose immediate bank transfer as payment method in the Webshop, log in with your online banking data. This first factor is combined with a second authentication procedure (depending on the bank: e.g. fingerprint, TAN), which confirms that Sofort has access to your bank account. Only then you can validate the payment order. Please note that we have no influence over the collection, use and processing of your (payment) data by Sofort. Upon receipt of the payment confirmation from Sofort, we accept your offer to conclude a contract and release the order. You will receive further information during the ordering process. Please also pay particular attention to Sofort's supplementary data protection information, which will be pointed out to you separately when you use the service, and Sofort's information regarding the PSD2.

4. Right of withdrawal

4.1 Instructions on withdrawal

Right of withdrawal
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, you must inform us (Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, evileye.service@silhouette-international.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached withdrawal form , but it is not obligatory. You also have the option to fill in the withdrawal form on or send us an unequivocal withdrawal statement electronically via our website. In case you choose this option we will send you a confirmation of the receipt of your withdrawal statement without delay (e.g. example via e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your unequivocal withdrawal statement before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we have received your withdrawal statement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or PVS ZMD GmbH, Schleißheimer Straße 93a, 85748 Garching near Munich, Germany, without undue delay and in any event not later than fourteen (14) days from the day on which you send us your withdrawal statement. The deadline is met if you send back the goods before the period of fourteen (14) days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from your handling of the goods in another way than necessary to examine the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To Silhouette International Schmied AG, Ellbognerstraße 24, 4020 Linz, Austria, evileye.service@silhouette-international.com:
– I/We () hereby give notice that I/We (+) withdraw from my/our (+) contract of sale of the following goods (+)/for the provision of the following service (+),
– Ordered on (+)/received on (+),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date

(+) Delete as appropriate.

4.2 Without prejudice to your statutory rights, we shall provide you with free return labels. You can hand your return delivery over to a parcel store of the respective supplier in Germany.

5. Damages in transit

In case you receive goods which were obviously damaged in transit, please make a complaint as soon as possible directly with the carrier and please contact us without delay; however, if you do not make such complaint and/or contact us, this shall not affect your statutory claims or rights and their enforcement, in particular your warranty claims. However, by make a complaint or contacting us you help us to pursue our own claim against the carrier and/or our transport insurance.

6. 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 Euro.

7. Delivery

7.1 We deliver goods ordered via our Webshop only within Germany.

7.2 Unless otherwise stated in the item description, the delivery time is approximately five (5) working days.

8. Retention of title

Until the purchase price has been fully paid, the ordered goods shall remain the sole property of Silhouette.

9. Warranty; Liability

Your warranty rights are determined by statutory law.
In regards to claims based on damages caused by us, our legal representatives or vicarious agents, we shall always assume full liability

• in case of any injury to life, body or health

• in case of intentional or grossly negligent breach of duty

• in case of voluntary warranty promises, if agreed, or

• as far as the German Product Liability Act (Produkthaftungsgesetz) is applicable.

In the event of a breach of material contractual obligations, whose fulfillment is essential for the proper execution of such contract and on the observance of which the contractual partner may regularly rely upon, (cardinal duties – Kardinalpflichten) due to slight negligence attributable to us, our legal representatives or vicarious agents, the maximum liability amount shall be limited to the damage foreseeable at the time of the conclusion of the contract and to where the emergence of such damage has to be typically expected. Claims for damages other than listed above shall be excluded.

10. Data protection

10.1. Your personal data will be processed in accordance with our privacy policy.

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

11. Communications

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

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

12. Customer Service

Our customer service is available from Mon-Fri from 08:00 a.m. to 08:00 p.m. under the following email adress:
Germany: de.evileye.service@silhouette-international.com

13. Final provisions

The European Commission provides a platform for Online Dispute Resolution, which can be found at http://ec.europa.eu/consumers/odr/ . We are not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.