Conditions
General Terms and Conditions
1. Scope
"The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs."
"Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. "Entrepreneur" means a natural or legal person or a legally capable partnership who acts in the course of their commercial or independent professional activity when concluding a legal transaction.
"With respect to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby opposed; they will only become part of the contract if we have expressly agreed to them."
2. Contracting Parties, Conclusion of Contract, Correction Options
The purchase contract is concluded with VisiAid - Thomas Neumann, master optician.
"By adding the products to the online shop, we make a binding offer for the conclusion of a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation via email."
3. Language of the contract, storage of the contract text
The language(s) available for the conclusion of the contract: German, English, French
The contract text is not stored by us.
4. Delivery Conditions
4.1 Shipping costs
The standard shipping is free of charge for orders with a value of 100 euros including VAT for shipping within Germany and for orders with a value of 500 euros including VAT for shipping within the EU.4.2 Delivery options
We ship the products to the delivery address provided during the ordering process.
We only deliver by shipping. Unfortunately, self-pickup of the goods is not possible.
5. Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include the statutory value-added tax.
5.2 Due Date and Payment Default
The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.
For consumers: In the event of a payment delay, we reserve the right to charge you a fee of 1.50 euros for the second and each subsequent reminder. You may provide evidence of a lesser damage. Other claims remain unaffected.
For entrepreneurs: In the event of a payment delay, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate, as well as a flat fee of 40 euros. Further claims remain unaffected.
5.3 Payment methods
"The following payment methods are generally available to you in our shop."
Prepayment
'When selecting the payment method prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.'
credit card
'During the ordering process, you provide your credit card details. Your card will be charged immediately after placing the order.'
Apple Pay
To be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have the Apple Pay function enabled, authenticate with your credentials, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information will be provided during the ordering process.
Google Pay
"In order to pay the invoice amount through the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have the Google Pay function activated, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information will be provided during the ordering process."
Klarna
"In collaboration with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with each payment option and in the ordering process."
Purchase on account via Klarna
The invoice amount is due 14 days after the goods are shipped and the invoice is received.
Klarna can offer additional payment options in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence over the offering of these options; any additional individually offered payment options relate to your legal relationship with Klarna. You can find more information about this in your Klarna account.
PayPal, PayPal Express
"In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process."
PayPal can offer registered and selectively chosen PayPal customers additional payment methods in their customer account. However, we have no influence over the offering of these methods; any additional individually offered payment methods pertain to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further instructions will be provided during the ordering process.
The invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of withdrawal
"You have the statutory right of withdrawal, as described in the withdrawal instruction."
7. Retention of title
The product remains our property until full payment is made.
For entrepreneurs, the following applies: We retain ownership of the product until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, regardless of any connection or mixing of the reserved goods with a new item, up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you do not fulfill your payment obligations. We will release the securities owed to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damages
For consumers: If goods are delivered with obvious transport damage, please report such defects as soon as possible to the delivery person and contact us immediately. The failure to make a complaint or to get in touch has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
"For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment."
9. Warranty and Guarantees
9.1 Liability for Defects
"Unless expressly agreed otherwise below, the statutory liability for defects applies."
The following limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents.
- in case of injury to life, body, or health
- in the case of intentional or grossly negligent breach of duty as well as deceit
- in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contracting party may regularly rely (cardinal obligations)
- as part of a warranty promise, as agreed, or
- as far as the scope of the Product Liability Act is opened.
Restrictions on Entrepreneurs
For entrepreneurs, only our own specifications and the product descriptions of the manufacturer that have been incorporated into the contract are considered as agreements regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims regarding defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to a good that has been used in accordance with its usual purpose for a construction project and has caused its defects.
The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Notice to Merchants
"Among merchants, the inspection and notification obligation regulated in § 377 HGB applies. If you fail to provide the notification as stipulated there, the goods are considered approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect."
9.2 Guarantees and Customer Service
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option to use this platform to resolve their disputes.
"To resolve disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution procedures before a consumer arbitration board. The competent authority is the Universal Arbitration Board of the Federal Center for Mediation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in a dispute resolution procedure before this authority."
11. Final Provisions
If you are an entrepreneur, German law applies excluding the UN Sales Convention.
"If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business."
If individual clauses of these GTC are wholly or partially ineffective, the contract shall remain valid in other respects. To the extent that individual clauses are ineffective, the content of the contract shall be governed by the statutory provisions.
