General terms and conditions

Effective as of 1st of February

These terms and conditions (“Terms”) apply to online sales of goods offered on this website (“Online Shop”) by us, Silhouette UK Limited, The Townhouse Building, 5 St. Cross Street, Johnson Gardens, London, England, EC1N 8UB, company number 01459046 (“Silhouette” or “we”) to customers located in the United Kingdom of Great Britain and Northern Ireland (“you”). The Terms contain general, legal information on your and our rights and obligations.

1. Scope of application

1.1 The operator of the Online Shop is our parent company Silhouette International Schmied AG, Ellbognerstrasse 24, 4020 Linz, Austria, FN 78436y, ATU36926403.

1.2 The sale and delivery of goods via this Online Shop shall be carried out exclusively on the basis of these Terms. Please read these Terms carefully before you submit your order to us through the Online Shop. 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. The Terms always apply in the version accepted at the time of placing the specific order and are accordingly displayed to the customer throughout the ordering process. Changes to the Terms have no impact on an order that has already been placed by you and will apply to future orders only. The current version of the Terms can be viewed at any time on our website under Terms & Conditions .

1.3 All orders placed via the Online Shop by you are exclusively delivered to addresses in the United Kingdom of Great Britain and Northern Ireland.

1.4 These Terms do not apply to our Click & Collect program, which enables customers to order goods to be delivered at our optician partners and try them on.

2. Order, acceptance of order

2.1 After you enter your personal data in the order form, select the payment method, enter the payment details, complete the order by clicking on the button "Order and Pay" and accept the Terms, you will immediately be sent a binding order confirmation from us summarizing your order data by e-mail, to which these Terms are also attached. After dispatch of the goods we will send you a shipping confirmation via e-mail.

2.2 The product portfolio in the Online Shop presents a general overview of the product we goods we offer. In case any product is out of stock or otherwise not available you will be informed of such circumstance prior to placing your order. In the very unlikely event that any product you select becomes unavailable after you place an order, we will inform you by e-mail as soon as possible and offer you to either choose another product or get your payment refunded.

2.3 The order becomes binding for you as soon as soon as you have received our order confirmation. After our confirmation, the order may not be changed or cancelled except as otherwise provided for in these Terms. Customers may correct their entries at any time before clicking on the button “Order and Pay” by using the correction help which is provided and explained in the course of the ordering process.

2.4 Account Creation

You have the possibility under Login / Registration by selecting the option "Create a user account" to create a customer account in order to facilitate future purchases by saving your account data. For further simplification, we use central consumer accounts for our entire online offer. Accordingly, you can also log in to our Silhouette shop with the access data of your customer account once it has been created.

2.5 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 individual password. However, a registration is not required. By selecting the option "I want to continue as a guest", you can purchase the desired goods without having previously created a customer account.

3. Payment

3.1 The payment process is initiated by selecting your preferred payment method. We currently offer payment via PayPal, credit card (Visa, Mastercard), and debit card (Maestro). We also reserve the right to change payment methods and to refer you to other (common) payment methods. The payment process is initiated concurrently with placing the order by you clicking on the button "Order and Pay”.

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. Using a two-factor authentication, you are required to provide two different details (e.g. PIN, transaction authentication number (TAN), biometric features such as fingerprint) in order to be authenticated electronically. As of 1 January 2021, two-factor authentication is 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. The debit takes place after the order has been completed. Please also note the terms and conditions and privacy policy of PayPal under Legal Agreements for PayPal Services.

3.3 When selecting the payment method credit or debit card, you will be asked to submit your credit or debit card details to us. The data will be verified to ensure that you are the rightful cardholder. We will then ask your credit or debit card company to initiate the payment transaction. The credit or debit card company automatically executes the payment transaction via a two-factor authentication and your card is debited.

4. Right of cancellation

4.1 How to exercise your right

You have the right to cancel the sale of the ordered good(s) at your own discretion and without giving any reasons. The cancellation 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 cancellation, please send an express and unambiguous declaration (e.g. a letter sent by post or e-mail) to the contact address listed under section 11 or use the provided cancellation form. In order to exercise your right, it is sufficient that you send such a declaration before the expiry of the cancellation period.

4.2 Procedure after the cancellation

Should you cancel an order within the fourteen (14) day cancellation period (see Section 4.1), you must return the goods to us without undue delay, in no event later than thirty (30) days after you send us your cancellation declaration or cancellation form. Within fourteen (14) days after full receipt of the goods sent back by you, we will reimburse to you all payments received from you using the same means of payment that you originally employed (unless otherwise agreed). 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. The costs for the return shipment and possible customs duties will be borne by you. We will not charge any other costs or fees for the reversed transaction. We may withhold reimbursement until the goods have been received by us in London or you have supplied evidence of having sent the goods back.

4.3 You should avoid damages to the goods and return them including accessories such as casing and cleaning cloth in their packaging and unused. If you no longer have the original packaging, please use other suitable packaging to ensure adequate protection against transport damage. To the extent goods are handled in a way which would not be acceptable in-store, Silhouette can reduce the refund to compensate for its reduced value. In some cases, because of the way it has been treated no refund may be due.

5. Prices and shipping costs

The prices shown in the Online Shop at the time of ordering already include the statutory value-added tax and other applicable taxes. The delivery is free of shipping costs for standard shipment regardless of the order value and your delivery address in the United Kingdom of Great Britain or Northern Ireland. We ship orders with a minimum value of GBP 51. Prices are in GBP. Silhouette reserves the right to change prices at any time; for the avoidance of doubt, price changes shall not apply to goods already bought by you.

6. Delivery

6.1 We deliver goods ordered via our Online Shop within the territory of the United Kingdom of Great Britain and Northern Ireland.

6.2 Unless otherwise stated in the item description or during the order process, the delivery time is approximately five (5) working days. This period will start only once we accept your order and confirm to you the acceptance of your order.

7. Ownership and Responsibility

You own the goods once we have received payment in full; before we receive payment in full, we still own the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.

8. Your legal rights in case something is wrong with the goods

8.1 Statutory Rights
Nothing in these Terms limits or excludes your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation. Our goods are sold with the benefit of these rights.

8.2 Quality and Fitness
We warrant that all goods supplied to you will:
• be of satisfactory quality;
• be fit for purpose;
• match their description; and
• be free from material defects at the time of delivery.

8.3 Manufacturer’s Warranty
In addition to your statutory rights, we warrant that the goods will be free from manufacturing defects for a period of two (2) years from the date you receive the goods. This warranty applies in addition to, and does not affect, your statutory rights and covers defects arising from faulty materials or workmanship under normal use.

8.4. Faulty or Non-Conforming Goods
If goods are faulty, damaged, or do not conform to the contract, you are entitled to the remedies provided by law. Depending on the circumstances, these may include:
• a repair or replacement;
• a price reduction; or
• a refund,
in accordance with your statutory rights.

8.5 Short-Term Right to Reject
If a fault is identified within 30 days of delivery, you may have the right to reject the goods and receive a full refund, subject to the conditions set out in the Consumer Rights Act 2015.

8.6 Exclusions
Neither this warranty nor any manufacturer’s warranty covers defects or damage resulting from:
• normal wear and tear;
• misuse, accident, or negligence;
• failure to follow installation, care, or usage instructions; or
• unauthorised repairs, alterations, or modifications.

8.7 How to Make a Claim
To make a warranty or statutory rights claim, please contact us at service.en@evileye.com or via our contact form quoting your order number and providing details of the issue. We may request reasonable evidence to assess the claim.

9. Our Liability to You

9.1 Nothing in these Terms limits or excludes our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any matter where liability cannot legally be limited.

9.2 We are responsible to you for losses you suffer that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for losses that were not foreseeable at the time the contract was made. As we sell our products for personal use only, we are not liable for any business-related losses, including loss of profits, loss of business, or business interruption. Nothing in this clause affects your legal rights as a consumer.

10. Data protection

10.1 Your personal data will be processed in accordance with our privacy policy, section 1.3.

10.2 Detailed information on the processing of personal data and the data protection rights that you have can be found in our privacy policy, available under Privacy Policy .

11. Communications

11.1 Declarations or communications of any kind (claims and complaints included) shall be addressed to service.en@evileye.com or using the contact form.

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

12. Other important terms that apply (force majeure, applicable law, competent jurisdiction, mediation)

12.1 Liability in case of delay or non-performance: We will take all reasonable steps to prevent or minimize delay. We are not responsible for delays outside of our control (such as war, fire, flood, natural disasters, pandemics). In case of substantial delays you have the right to cancel your order also after the expiry date of the cancellation period provided for in Section 4.1.

12.2 Applicable law. These Terms shall be subject to the laws of England.

12.3 Competent court. For any disputes arising out of or in connection with these Terms, the customer may choose between the competent court at the place of his or her residence (for example, England) or the court of where Silhouette is established.

12.4 Mediation. If you have a complaint, please contact us first using the contact details set out in these Terms. We will do our best to resolve the issue promptly and fairly. If we are unable to resolve your complaint, you may be entitled to use an Alternative Dispute Resolution (ADR) provider to help resolve the dispute. We are not obliged to participate in ADR but, where required by law, we will provide you with information about a suitable ADR provider and confirm whether we are willing to engage in the process. Using ADR is voluntary and does not affect your right to take legal action.