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General Terms and Conditions of Business

Silhouette International Schmied AG

Last updated: 28 September 2017

The following general terms and conditions of business (Ts&Cs) apply to all contracts concluded with consumers at the www.adidassporteyewear.com online store (“online store”). These contain general legal information about your rights regarding distance selling and e-commerce, and list all the conditions under which Silhouette International Schmied AG concludes contracts with customers

  1. Scope
    1. The contractual partner and operator of the online store is Silhouette International Schmied AG (“Silhouette” or “we”), Ellbognerstraße 24, 4021 Linz, Austria.

    2. Before placing an order, the customer is given the opportunity to review the Ts&Cs, and to save and print them in due course. To conclude an order, the customer must accept the Ts&Cs by ticking the appropriate box, which applies to the full contents of the contract.

    3. Other Ts&Cs that contradict or differ from these do not apply, and may only become integrated into the contract with our express permission.

    4. In the document below, any references made to “consumers” indicate individuals executing a transaction for a purpose that does not relate predominantly to their industry or profession. On the other hand, traders are understood to be individuals, legal entities or partnerships with legal capacity for whom the transaction is business-related.

  2. Customer Account, Contract conclusion, Contract storage, Contract language
    1. You can create a customer account at Login to save your details for future purchases. The customer portal also enables you to view further information, such as your previous transactions. Once you have created a customer account, you can access it at any time using your e-mail address and personal password. However, registration is not mandatory; you can purchase products without creating a customer account by choosing the option “Proceed as guest”.

    2. By listing products in our online store, we are making a binding offer on the items when a contract is concluded. Placing items in your shopping basket is non-binding, and you can edit your details at any time before your binding order is dispatched, using the in-built checks and explanations intended for this purpose. The contract comes into force once you accept the offer on the goods contained in the shopping basket by clicking the order button. You will receive a further notice of confirmation via e-mail immediately after submitting your order.

    3. German is the language of the contract. We will save a copy of the contract and send you the order details and our Ts&Cs via e-mail. If you have a customer account, you can view details of your previous orders by logging into your account.

    4. The range of products available in our online store comprises sports eyewear models from the “adidas Sport eyewear” collection, which are also suitable for corrective lenses. Silhouette is a licensee of adidas AG, Adi-Dassler-Straße 1, 91074 Herzogenaurach, Germany and holds an exclusive licence to sell these products (internationally).

  3. E-commerce partners
    1. When making an order at our online store, you are obliged to choose an optician as a “e-commerce partner”. Due to the way our e-commerce partner system works, we recommend choosing your closest optician to be your e-commerce partner. Choosing a an e-commerce partner absolutely no further obligations on your part.

    2. When ordering products online, you also have the option of having your items delivered to your chosen e-commerce partner instead of your home address. In this case, please select the option “Deliver to e-commerce partner”. You will be notified by e-mail as soon as your order arrives at your e-commerce partner, and will have fourteen [14] days to pick it up.

  4. Payment
    1. We offer three main payment methods: PayPal, credit card and instant bank transfer.

    2. When choosing the PayPal payment option, you will be redirected onto 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”), where you will type in your payment details and confirm that you want to proceed with the transaction. Please be aware that you need a PayPal account to use the service, and that we have no control over the storage, processing and usage of your (payment) data. You will be charged once the order is complete. Please also refer to PayPal’s own Ts&Cs and privacy policy at https://www.paypal.com/at/webapps/mpp/ua/legalhub-full?locale.x=de_AT.

    3. When choosing the credit card option, you will be asked to give us your credit card details. Your details will then be checked and you will be verified as the legitimate card owner. At this point we will ask your credit card company to process the payment transaction. Your credit card company will carry out the payment transaction automatically and your card will be charged after the order has been completed.

    4. When choosing the instant bank transfer option, you will be redirected to the website of SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). Please note that to use the service you will need an online banking account with instant bank transfers enabled. You must then verify your identity with PIN/TAN verification and confirm the payment. Please also be aware that SOFORT gives us no control over the storage, processing and usage of your (payment) data. You will receive further instructions during the order process. Please also give due attention to SOFORT’s privacy policy, which you will be notified about when you use the service.

  5. Right of cancellation
    1. Consumers have a 30-day right of cancellation.

      Right of cancellation

      You have the right to cancel this contract within thirty (30) days without giving your reasons for doing so. The cancellation period is thirty (30) days from the day on which you, or a third person nominated by you - who is not the carrier - has taken possession of the items.
      To exercise your right of cancellation, you must send us (Silhouette International Schmied AG, Ellbognerstraße 24, 4021 Linz, Austria, de.adidas.service@silhouette-international.com, Tel.: +43(0)7323848-0, Fax: +43(0)7323848-422) written notification (e.g. by letter, fax or e-mail) of your decision to cancel the contract. You may use the attached cancellation form template (although it is not obligatory).

      For your rights to be exercised, it is sufficient to send notice of your cancellation of the contract before the end of the cancellation period.

      After cancellation

      If you cancel the contract, we must reimburse all payments received from you, including delivery costs (except if you have chosen a delivery service other than the most cost-effective standard delivery option offered by us) immediately – and certainly no later than thirty (30) days - after the date on which we receive your notice of cancellation. We will use the same payment method to reimburse you as used for the original transaction, unless we explicitly come to a different arrangement with you. You will never be charged additional fees for the purposes of reimbursement. We can refuse to reimburse you until (depending on whichever happens first) we have received the items back, or you provide proof that you have sent the items back.

      You must send or hand the items back to us immediately - and certainly no later than thirty (30) days - after the date on which we receive notification of the cancellation of your contract.
      The cancellation period is regarded as met, provided you send the items before the thirty (30) days are up. You are responsible for the costs of sending back the items. You will only be liable for any potential depreciation in the value of the goods if, after an examination of the construction, features and functionality of the items has taken place, any damage is attributed to unnecessary handling on your part.

      The right of cancellation does not apply to the following contracts:

      • Contracts to deliver items that are not pre-assembled, and where the consumer’s selection or choices have affected the production of the item, or where the item has been customised to match the consumer’s needs.

      • Contracts to deliver items that are perishable or where the sell-by date is close to being passed.

      • Contracts to deliver sealed goods where, for health and safety reasons (or for reasons of hygiene) it would be inappropriate to return them after the seal has been removed.

      • Contracts to deliver goods, where the composition of the items means that they are inextricably mixed up with other items after delivery.

      • Contracts to deliver alcoholic beverages, the prices of which are agreed at the conclusion of the contract, but which cannot be delivered until thirty (30) days after conclusion of the contract, and where there are market price fluctuations over which the trader has no control.

      • Contracts to deliver sound or video footage or computer software in a sealed package, where the seal has been removed after delivery.

      • Contracts to deliver newspapers, magazines or illustrated magazines that are not subscriptions.

      • Contracts to deliver items, the prices of which depend on fluctuations on financial markets

      • over which the trader has no control and which could come into force during the cancellation period.

      CANCELLATION FORM

      If you want to cancel your contract of sale, please fill out this form and send it back to us at

      Silhouette International Schmied AG
      Ellbognerstraße 24
      4021 Linz
      Österreich

      de.adidas.service@silhouette-international.com

    2. After exercising your right of cancellation, please return the item to us in its original packaging (where possible) including all accessory parts (with any protective packaging). If you no longer have the original packaging, your statutory rights remain unaffected - notably those pertaining from the right of cancellation. In this case, please pack your item suitably to give it adequate protection from damage during transport.

    3. Silhouette will bear the costs for sending the items back. You will not incur any extra fees or charges for cancelling the contract. To return the items, please use the returns form sent with your order and send the goods to Silhouette International Schmied AG, Versandservice (PVS), Schleißheimer Str. 93a, D-85748 Garching near Munich. Please note that we may defer reimbursement until the items have arrived at Silhouette International Schmied AG, Versandservice (PVS), or you have sent us proof of postage. You should send us the items immediately – and certainly no later than thirty (30) days after your notification of cancellation. You will only be held liable for any potential depreciation of the items if you handle them in an inappropriate fashion.

  6. Prices and delivery costs
    1. The relevant prices are the one displayed at the time the order was placed at the online store. VAT is inclusive, and delivery is free, regardless of the value of the order. Prices are in Euros. Silhouette reserves the right to change the prices at any time.

  7. Delivery, In-Stock Disclaimer
    1. Delivery is only within Germany. If the product you ordered is unavailable because a trusted supplier fails to deliver - despite a correct order, and for reasons beyond our control - we will notify you immediately with an order confirmation update. In doing so, we are absolved of liability and may withdraw from the contract. If you have already made payments, we will reimburse you immediately.

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

  8. Damage during transport
    1. For consumers: If items delivered have visible signs of damage, you must notify the delivery company or e-commerce partner collection service (also see point 3) as soon as possible, and contact us or our e-commerce partner immediately. Failing to report damage or notify us does not affect your statutory rights – including your warranty rights – in any way. However, such reports will help us to assert our own claims in regard to the delivery service or transport insurers.

    2. For businesses: The risk of accidental destruction or damage is transferred to you from the moment we deliver the item to the courier, freight carrier or person or organisation responsible for delivery. For traders, article § 377 of the German Commercial Code governing the duty of inspection and notification applies. Failure to observe the duty of notification stipulated thereby means that you have accepted the goods - unless there is a defect that was not obvious at the time of inspection. This does not apply if we have fraudulently concealed a defect.

  9. Retention of title
    1. Until full payment of the purchase price and corresponding costs has been made, all items ordered remain the property of Silhouette.

  10. Warranty; Liability
    1. Customers’ warranty rights are covered by the public defects liability law. To make a claim, please write to the address provided in Point 11. The product descriptions in the online store describe quality specifications and do not constitute guarantees.

    2. For any claims for damage caused by us, our legal representatives or subcontractors we assume unlimited liability at all times

      • for loss of life, physical injury or injury to health,

      • for wilful or gross negligence,

      • for warranty promises, insofar as they have been agreed, or

      • insofar they fall under the scope of product liability law.

      Where there is infringement of important contractual obligations due to ordinary negligence by ourselves, our legal representatives or subcontractors, the fulfilment of which is necessary for the execution of the contract, and which the contractual partner would usually expect to be fulfilled (cardinal obligations), the level of liability is limited to damages that would have been reasonably foreseeable at the time at which the contract is concluded. In any case, claims for compensation are excluded.

    3. Please note that as a Silhouette customer you have the option of making warranty claims with Silhouette’s e-commerce partner (see Point 3). To make your warranty claim, please send an informal declaration directly to Silhouette at the address given in Point 11.1. As well as writing to Silhouette, you may also either (i) hand over defective products to your e-commerce partner in person, or (ii) send it to your e-commerce partner’s business address by post. The address will have been sent to you during the ordering process, as well as during your warranty application. You can find out more information directly from your e-commerce partner.

  11. Correspondence
    1. All correspondence and communications should be sent to Silhouette International Schmied AG, Ellbognerstraße 24, 4021 Linz, Austria, de.adidas.service@silhouette-international.com.

    2. Correspondence and communications to customers will be sent to the most recent e-mail address we have on record. We are not obliged to send personalised correspondence.

  12. Final provisions
    1. If you are a trader, German law supersedes the UN Convention for the Sale of Goods. Likewise, German law applies if you are a consumer. The contractual language is German.

    2. If you are a trader as defined in the German Commercial Code, a corporate body under public law or special fund under public law, the exclusive jurisdiction for all contractual disputes between us is our headquarters.

    3. The European Commission has set up an online platform for settling disputes (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to take part in an out-of-court dispute resolution in front of a Consumer Arbitration Service.

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Silhouette International Schmied AG / Austria, Made under licence from adidas AG © 2018 adidas AG. adidas, the Badge of Sport and the 3-Stripes mark are registered trademarks of the adidas Group.