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Terms & Conditions
Terms & Conditions
Section 1 Scope
(1) All contracts relating to the sale and delivery of movable items(hereinafter: ‘goods’) entered into between you as a customer and us, Edeloptics GmbH, Straßenbahnring 19a, 20251 Hamburg, shall be exclusively subject to the following Terms and Conditions (hereinafter: ‘T&Cs’) in the version applicable at the time of contract conclusion. Any conditions that deviate from these shall not be recognised unless we have provided our express written acknowledgement of their validity.
(2) These T&Cs shall only apply if you are a consumer as defined by Section 13 of the German Civil Code (BGB). Consumers as defined by Section 13 BGB are natural persons who enter into a legal transaction for a purpose that is not associated with either their commercial or their self-employed professional activities.
Section 2 Offer and Contract Conclusion
(1) The presentation of our products in our online shop, brochures, advertisements and other advertising materials or our shop in Hamburg, Germany, shall not represent a legally binding offer but instead solely an invitation to treat (‘invitatio ad offerendum’).(2) When placing an order in our online shop, by clicking ‘Buy’ at the end of the purchase process, you enter into a binding order for the goods in your cart. We shall confirm the receipt of your order by e-mail as soon as you have submitted it (confirmation of receipt). The confirmation of receipt shall not represent an acceptance of the purchase agreement. The purchase agreement shall only come into existence once we have accepted your online order by e-mailing you a separate order confirmation or delivering the goods to you within five days.
(3) We shall store the contract text and e-mail you the order details. You can view these T&Cs here at any time.
You can view previous orders in your online customer account.
Section 3 Prices
(1) All prices exclude delivery. The [DELIVERY COST] to which your order shall be subject can be found in our delivery costs list.(2) Delivery shall be subject to our prices as specified at the time the goods are ordered in the currency you select. For goods shipped to EU countries, all prices include VAT at the applicable statutory rate. For goods shipped to countries outside the European Union, no VAT shall be charged. However, you shall bear any import turnover taxes and further customs duties imposed in the country into which you have us import the goods. For goods shipped to Switzerland, we shall bear any import turnover tax and all customs duties imposed, i.e. you shall not be subject to any costs other than the price shown to you in the applicable currency plus the Shipping Countries & Rates.
Section 4 Payment Methods, Delivery, Shipping
(1) Unless otherwise specified in the following provisions of paragraphs2 to 4, the purchase price shall become due for payment in full immediately upon conclusion of the purchase agreement.
(2) You can choose between the following payment methods:
Credit card. We currently accept the following cards: Visa, MasterCard.
- PayPal (further information about paying by PayPal can be found at www.paypal.de),
- Pre-payment (pre-payments must be received within 10 working days of our order confirmation. If the payment has not been credited to our bank account within 21 days, the order will be automatically cancelled)
(3) Delivery shall be made once payment has been received, by means of cash on delivery or if the payment service provider selected by you on placing your order has confirmed the transfer of risk.
(4) Unless otherwise expressly agreed between the parties, we shall determine the shipping method and route as well as the carrier at our own discretion.
(5) You shall be immediately notified of any delivery delays.
Section 5 Offsetting and Retention
You shall only be entitled to offset counterclaims if these are undisputed or legally established. You shall only be entitled to assert your right of retention on the basis of counterclaims that relate to the same legal relationship.Section 6 Cancellation Right
If you have ordered the goods in our online shop, you shall have the following cancellation right:Returns notice:
Right of return
You can return the received goods without specifying a reason within 30 days. The time limit shall start upon receipt of this notice in written format (e.g. as a letter, fax or e-mail), but not before the goods have been received by the recipient (in the event of repeat deliveries of the same type of goods, not before receipt of the first partial delivery) and not before we have complied with our duties to supply information pursuant to Article 246, Section 2 in conjunction with Section 1, paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to Section 312g, paragraph 1, clause 1 of the German Civil Code (BGB) in conjunction with Article 246, Section 3 EGBGB. Only In the case of goods that are unsuitable for sending in parcel form (e.g. bulky goods) can you explain in writing that you will be returning the goods. For compliance with this deadline, the goods or return request must be dispatched by the deadline. In all events, we shall be liable for the costs and risk of the return. The returned item or return request must be sent to:
Edeloptics GmbH
Straßenbahnring 19a
20251 Hamburg
Germany
Fax: +49 40 689878-828
E-mail: info@edel-optics.com
In the cases of return requests, the goods will be collected from you.
Consequences of returns
Where a return is made, any payments received by either party must be returned and any benefits derived from the same must be surrendered. If the condition of the item has deteriorated or benefits (e.g. usage benefits) exist that cannot be availed of in full or in part or can only be availed of in a deteriorated condition, you shall be liable to provide us with compensation. You shall only be liable to pay compensation for the deterioration of the item and benefits used if the uses or deterioration are due to the handling of the item other than to check its properties and function. Checking the properties and function means testing and trying out the goods to the same extent as is possible and usual in a shop. Any repayments required must be made on your part within 30 days of you dispatching the goods or the return request and on our part within 30 days of receipt of these.
Financed business transactions
If you finance this agreement by means of a loan and later make use of your right of return, you are also no longer bound under the loan agreement if the two agreements constitute a single economic entity. This shall in particular be assumed to be the case if we are also your lender or if your lender relies on our cooperation in respect of the financing. If the loan has already been received by us when your cancellation becomes effective or you return the goods, your lender shall hold you liable for our rights and obligations under the financed agreement in respect of the legal consequences of the cancellation or return. If you wish to avoid a contractual obligation in so far as possible, make use of your right of return and cancel the loan agreement, provided you have a right of cancellation.
End of the returns notice
Right of return
You can return the received goods without specifying a reason within 30 days. The time limit shall start upon receipt of this notice in written format (e.g. as a letter, fax or e-mail), but not before the goods have been received by the recipient (in the event of repeat deliveries of the same type of goods, not before receipt of the first partial delivery) and not before we have complied with our duties to supply information pursuant to Article 246, Section 2 in conjunction with Section 1, paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to Section 312g, paragraph 1, clause 1 of the German Civil Code (BGB) in conjunction with Article 246, Section 3 EGBGB. Only In the case of goods that are unsuitable for sending in parcel form (e.g. bulky goods) can you explain in writing that you will be returning the goods. For compliance with this deadline, the goods or return request must be dispatched by the deadline. In all events, we shall be liable for the costs and risk of the return. The returned item or return request must be sent to:
Edeloptics GmbH
Straßenbahnring 19a
20251 Hamburg
Germany
Fax: +49 40 689878-828
E-mail: info@edel-optics.com
In the cases of return requests, the goods will be collected from you.
Consequences of returns
Where a return is made, any payments received by either party must be returned and any benefits derived from the same must be surrendered. If the condition of the item has deteriorated or benefits (e.g. usage benefits) exist that cannot be availed of in full or in part or can only be availed of in a deteriorated condition, you shall be liable to provide us with compensation. You shall only be liable to pay compensation for the deterioration of the item and benefits used if the uses or deterioration are due to the handling of the item other than to check its properties and function. Checking the properties and function means testing and trying out the goods to the same extent as is possible and usual in a shop. Any repayments required must be made on your part within 30 days of you dispatching the goods or the return request and on our part within 30 days of receipt of these.
Financed business transactions
If you finance this agreement by means of a loan and later make use of your right of return, you are also no longer bound under the loan agreement if the two agreements constitute a single economic entity. This shall in particular be assumed to be the case if we are also your lender or if your lender relies on our cooperation in respect of the financing. If the loan has already been received by us when your cancellation becomes effective or you return the goods, your lender shall hold you liable for our rights and obligations under the financed agreement in respect of the legal consequences of the cancellation or return. If you wish to avoid a contractual obligation in so far as possible, make use of your right of return and cancel the loan agreement, provided you have a right of cancellation.
End of the returns notice
Section 7 Exclusion from the Cancellation Right
The cancellation right shall not apply to distance sales contracts in relation to the provision of goods that have been manufactured to customer specifications or clearly tailored to personal needs.Section 8 Retention of Title
We shall retain title to the purchase item until the purchase price has been paid in full.Section 9 Warranty and Disclaimer
(1) A warranty period of two years shall apply with effect from the date on which you receive the goods.The warranty shall not apply to consumables and wear parts.
(2) We shall not accept any liability for damage or defects caused by you through the improper use, storage or operation of the goods or their incorrect or negligent handling. You shall not be entitled to claim for the reimbursement of expenses for rectification carried out by yourself unless you have first allowed a reasonable period of time for us to remedy the situation and that period has lapsed to no avail.
Section 10 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.(2) In placing an order in our online shop, you have the opportunity to select [VERTRAGSSPRACHEN] as the contract language. If you purchase the goods in our shop in Hamburg, Germany, the contract language shall be German.
(3) Where you have no general place of jurisdiction in Germany or move your domicile outside Germany after the contract has been concluded, or where your domicile is unknown at the time an action is filed, the place of jurisdiction for all disputes arising out of or in relation to this agreement shall be Hamburg, Germany.
Last updated: 28/08/2012
Edeloptics GmbH
Straßenbahnring 19a
20251 Hamburg
Germany
Telephone: +1 6465684723
Fax: +49 40 689878-828
E-mail: info@edel-optics.com
Website:
Managing Director with power of representation: Dennis Martens
Registration court: Hamburg District Court
Commercial register number: HRB 108926
VAT ID code: DE264070174
Platform of the EU Comission for online dispute settlement: http://ec.europa.eu/consumers/odr
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