Home
General Terms and Conditions
Your cart
Your cart is empty
Questions?
Our Support Hotline1-646-8103858Mo-Fr 10am-6pmBuy safely
1: Scope
1. These General Terms and Conditions (GT&C) shall apply to all consignments and services.
2. Divergences from these GT&C, supplementary agreements or side agreements require our written approval. In principle, the latest version of our GT&C shall always apply.
3. These GT&C also apply to all future transactions between the Parties even where goods are delivered knowingly under different or contrary terms.
2: Offer and Conclusion of Agreement
1. Our statements and offers with regard to the products we sell, the product descriptions, and our services are subject to change. In light of constant technical development and the improvement of products, we reserve the right to alter construction and finish so that these differ from that which is specified in our online catalogue. This also applies to alterations which serve to enhance our ability to deliver. Photos, descriptions and additional details are intended for general information purposes only and do not represent any guarantee of specified properties or contractual condition. Errors and omissions excepted. The buyer is advised that he is not required to accept goods which he did not order or which are not as he ordered. In this regard the right of return/right of revocation as specified at 6 below shall apply.
2. The customer’s order represents an offer to buy in the sense of Art. 145 of the German Civil Code (BGB). We confirm the receipt of this offer by e-mail.
3. Purchase agreements only take effect on the basis of our order confirmation. The customer receives an order confirmation by e-mail. The purchase agreement also takes effect through the customer’s acceptance of the goods.
4. The purchase agreement shall be effective subject to our being supplied correctly and punctually by our own suppliers.
3: Prices and Payment Terms
1. For delivery, prices at the time of the order, in the customer’s selected currency, shall apply. All prices are inclusive of statutory value added tax at the respective rate in the case of sale/despatch within Europe. In the case of sale/despatch outside Europe, no value added tax is invoiced. The customer is however responsible for any import taxes or excise duty which may be imposed in the country into which the goods are being imported.
2. Prices are exclusive of delivery costs. Delivery costs which shall be borne by the customer, are listed in the separate list "Shipping Countries & Rates".
3. The purchase price is immediately payable net. In the case of delayed payment, we are entitled to impose an interest charge of 5% or 8% over the German Central Bank’s base rate on private consumers and businesses respectively, and to invoice reminder charges of €10.00 per reminder. In case of arrears we are entitled to refuse delivery of all goods to the customer, inclusive of goods out of other contracts. We accept no liability for losses arising out of this non-delivery.
4. Payment shall be in advance by bank transfer or by credit card. Where delivery of the goods is not possible, the sum paid in advance shall be refunded within 14 days.
4: Setting off, Retention
The customer shall only be entitled to set off claims insofar as his counterclaims are undisputed or are legally established. The customer shall only be entitled to the right of retention on the basis of counterclaims which relate to the same contractual relationship.
5: Delivery, Despatch, Transfer of Risks
1. Delivery shall only be made after actual receipt of the purchase price.
2. The customer shall accept partial deliveries, e.g. if not all products ordered can be delivered.
3. We shall determine the type and route of despatch and the carrier at our own discretion, provided that no other arrangement has been expressly agreed by the Parties.
4. The recipient is obliged to examine the consignment on receipt and within 1 week at latest, to ensure that it shows no external damage. Should some damage in transit have occurred, however, the carrier must prepare a written confirmation within one week of such damage having been identified, and this should be returned to us together with the consignment.
5. Specified delivery times are subject to change. Binding delivery times must be agreed in writing. The delivery deadline has been met once the goods are despatched before the deadline expires. Any changes to the planned time of delivery will be notified by e-mail.
6. All agreed delivery deadlines are subject to our being supplied correctly and punctually by our own suppliers. In the case of events such as labour disturbances (strike/lock-out), statutory or official decree (import/export restrictions), war, or force majeure, the delivery deadlines shall be extended for an appropriate period. Claims for compensation arising out of failure to meet delivery deadlines shall not be entertained.
6: Right of revocation and return for consumer contracts
We grant the statutory right of revocation in accordance with Arts. 355 f. German Civil Code only with regard to transactions which are concluded with a natural person for purposes which relate neither to their commercial nor their freelance professional activity (Art. 13 German Civil Code). Such customers shall have the right of revocation. Insofar as the customer is a private consumer he may revoke the contract either in written form (e.g. letter, fax, e-mail) within two weeks without specifying grounds or, where the customer has received goods before this period has lapsed, by returning said goods. The deadline begins on the day after receipt of this notice in written form. The revocation deadline shall be deemed to have been met with the punctual despatch of the revocation or of the goods.
The revocation should be addressed to:
Edeloptics GmbH, Kuhmühle 4, 22087 Hamburg, Germany, Fax: +49 (0)40 689878-828, Email: info@edel-optics.com
In general, we do not accept the return of individually manufactured products, e.g. custom manufacture of glasses with corrective lenses.
Consequences of revocation
1. In the event of a valid revocation mutually received performance is to be reversed and any benefits obtained (e.g. interest) returned. If the goods cannot be returned in full or in part or only in an inferior condition, the customer may be required to reimburse the value. This shall not apply where the deterioration of the goods arises exclusively out of having been tested – as for example would be possible in a store – or their use for the intended purpose.
Goods which may be returned in package form shall be returned at our risk. Goods which cannot be sent in package form shall be collected from the customer. The customer shall bear the costs of return where the delivered goods correspond to those goods ordered, and where the price of the goods to be returned does not exceed €40.00 or, in the case of a higher price, payment has not been effected at the time of the revocation. In other cases the return of goods shall be free of charge. We would request notification prior to returning goods, so that we can organise free return through one of our selected carriers. Obligations with regard to the refund of payments are to be fulfilled within 30 days of sending the revocation.
2. It should be borne in mind that goods be returned in their original condition in packaging suitable to protect the goods against typical transport damage. In the event that the condition of the goods deteriorates significantly (e.g. soiling, damage, damaged documentation, incomplete return of goods) we expressly reserve the right to demand restitution.
7: Right of Retention
1. We retain title to the purchased item until all demands, including supplementary demands, have been settled. In the event of breach of contract we are entitled to demand the return of the purchased item. Where the item is processed further, e.g. mixed with other goods, we acquire co-title to the new item. In this case, there is no right of return.
2. The customer is entitled to sell on the goods in the ordinary course of business. This shall not apply where the customer is in arrears with regard to payments outstanding to us.
8: Warranty / Disclaimer
1. We guarantee that the items being delivered are free of material defects based on the latest state of technology, i.e. that they are suitable for their intended purpose or for normal use and possess the properties which are usual for items of the same kind. Compensation claims for defects are excluded. The warranty period is 2 years. The warranty period begins at the time at which the customer receives the item. Consumer parts and parts subject to wear and tear are not covered by this warranty.
2. We give no guarantee for damage or defects which arise out of improper use, storage, operation, and incorrect or negligent treatment. Warranty shall also lapse where the customer undertakes work or repairs on the item or has these done by somebody who is not authorised by us.
3. Obvious defects are to be notified in writing immediately on receipt of the goods and at the latest within 1 week of being identified. Where a defect becomes apparent only 6 months after receipt, the customer – in accordance with Art. 13 German Commercial Code – is obliged to provide proof that the item was already defective at the time the risk was transferred. Where the customer is a businessperson, he is responsible for providing all proof relating to defects from the moment at which the item was received by him.
4. Where the defect is one for which we are responsible, in accordance with Art. 439 German Civil Code, the customer may request either the removal of the defect or the delivery of a new defect-free item. The customer is obliged to return the contentious item with a precise description of the defect and a copy of the delivery slip. Where a complaint is unjustified, we reserve the right to charge the customer for the costs of our examination. The amount of such charge shall depend on the outlay involved but shall be at least €25.00.
5. Unless expressly agreed otherwise, the customer shall have no further right to assert claims on any legal grounds whatsoever. The existing disclaimer shall not apply where the customer’s loss is caused by deliberate action or gross negligence. Liability on the grounds of culpable injury to life, limb and health and liability arising out of the Product Liability Act remain unaffected. Insofar as we refuse liability, this shall also extend to our employees’ personal liability.
6. The customer is obliged to examine the goods on receipt and prior to further processing in respect of their correctness and suitability for the customer’s intended purpose.
9: Data Protection
The data required to perform the transaction shall be stored and used within the scope of order handling. All personal data shall be treated confidentially and shall not be divulged to third parties.
10: Miscellaneous
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. Where legally permissible, the place of performance and exclusive place of jurisdiction for all disputes relating to or arising out of this Agreement shall be Hamburg, Germany.
3. Where the customer has no general place of jurisdiction in Germany or moved his domicile outside Germany after concluding this Agreement or where his domicile is unknown at the time an action is filed, the place of jurisdiction for all disputes relating to or arising out of this Agreement shall be Hamburg, Germany.
4. Where individual provisions of the Supply Agreement or these General Terms & Conditions are invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which most closely resembles the Parties’ intended purpose at the time the Agreement was concluded.
Status as at 07.08.2009
1. These General Terms and Conditions (GT&C) shall apply to all consignments and services.
2. Divergences from these GT&C, supplementary agreements or side agreements require our written approval. In principle, the latest version of our GT&C shall always apply.
3. These GT&C also apply to all future transactions between the Parties even where goods are delivered knowingly under different or contrary terms.
2: Offer and Conclusion of Agreement
1. Our statements and offers with regard to the products we sell, the product descriptions, and our services are subject to change. In light of constant technical development and the improvement of products, we reserve the right to alter construction and finish so that these differ from that which is specified in our online catalogue. This also applies to alterations which serve to enhance our ability to deliver. Photos, descriptions and additional details are intended for general information purposes only and do not represent any guarantee of specified properties or contractual condition. Errors and omissions excepted. The buyer is advised that he is not required to accept goods which he did not order or which are not as he ordered. In this regard the right of return/right of revocation as specified at 6 below shall apply.
2. The customer’s order represents an offer to buy in the sense of Art. 145 of the German Civil Code (BGB). We confirm the receipt of this offer by e-mail.
3. Purchase agreements only take effect on the basis of our order confirmation. The customer receives an order confirmation by e-mail. The purchase agreement also takes effect through the customer’s acceptance of the goods.
4. The purchase agreement shall be effective subject to our being supplied correctly and punctually by our own suppliers.
3: Prices and Payment Terms
1. For delivery, prices at the time of the order, in the customer’s selected currency, shall apply. All prices are inclusive of statutory value added tax at the respective rate in the case of sale/despatch within Europe. In the case of sale/despatch outside Europe, no value added tax is invoiced. The customer is however responsible for any import taxes or excise duty which may be imposed in the country into which the goods are being imported.
2. Prices are exclusive of delivery costs. Delivery costs which shall be borne by the customer, are listed in the separate list "Shipping Countries & Rates".
3. The purchase price is immediately payable net. In the case of delayed payment, we are entitled to impose an interest charge of 5% or 8% over the German Central Bank’s base rate on private consumers and businesses respectively, and to invoice reminder charges of €10.00 per reminder. In case of arrears we are entitled to refuse delivery of all goods to the customer, inclusive of goods out of other contracts. We accept no liability for losses arising out of this non-delivery.
4. Payment shall be in advance by bank transfer or by credit card. Where delivery of the goods is not possible, the sum paid in advance shall be refunded within 14 days.
4: Setting off, Retention
The customer shall only be entitled to set off claims insofar as his counterclaims are undisputed or are legally established. The customer shall only be entitled to the right of retention on the basis of counterclaims which relate to the same contractual relationship.
5: Delivery, Despatch, Transfer of Risks
1. Delivery shall only be made after actual receipt of the purchase price.
2. The customer shall accept partial deliveries, e.g. if not all products ordered can be delivered.
3. We shall determine the type and route of despatch and the carrier at our own discretion, provided that no other arrangement has been expressly agreed by the Parties.
4. The recipient is obliged to examine the consignment on receipt and within 1 week at latest, to ensure that it shows no external damage. Should some damage in transit have occurred, however, the carrier must prepare a written confirmation within one week of such damage having been identified, and this should be returned to us together with the consignment.
5. Specified delivery times are subject to change. Binding delivery times must be agreed in writing. The delivery deadline has been met once the goods are despatched before the deadline expires. Any changes to the planned time of delivery will be notified by e-mail.
6. All agreed delivery deadlines are subject to our being supplied correctly and punctually by our own suppliers. In the case of events such as labour disturbances (strike/lock-out), statutory or official decree (import/export restrictions), war, or force majeure, the delivery deadlines shall be extended for an appropriate period. Claims for compensation arising out of failure to meet delivery deadlines shall not be entertained.
6: Right of revocation and return for consumer contracts
We grant the statutory right of revocation in accordance with Arts. 355 f. German Civil Code only with regard to transactions which are concluded with a natural person for purposes which relate neither to their commercial nor their freelance professional activity (Art. 13 German Civil Code). Such customers shall have the right of revocation. Insofar as the customer is a private consumer he may revoke the contract either in written form (e.g. letter, fax, e-mail) within two weeks without specifying grounds or, where the customer has received goods before this period has lapsed, by returning said goods. The deadline begins on the day after receipt of this notice in written form. The revocation deadline shall be deemed to have been met with the punctual despatch of the revocation or of the goods.
The revocation should be addressed to:
Edeloptics GmbH, Kuhmühle 4, 22087 Hamburg, Germany, Fax: +49 (0)40 689878-828, Email: info@edel-optics.com
In general, we do not accept the return of individually manufactured products, e.g. custom manufacture of glasses with corrective lenses.
Consequences of revocation
1. In the event of a valid revocation mutually received performance is to be reversed and any benefits obtained (e.g. interest) returned. If the goods cannot be returned in full or in part or only in an inferior condition, the customer may be required to reimburse the value. This shall not apply where the deterioration of the goods arises exclusively out of having been tested – as for example would be possible in a store – or their use for the intended purpose.
Goods which may be returned in package form shall be returned at our risk. Goods which cannot be sent in package form shall be collected from the customer. The customer shall bear the costs of return where the delivered goods correspond to those goods ordered, and where the price of the goods to be returned does not exceed €40.00 or, in the case of a higher price, payment has not been effected at the time of the revocation. In other cases the return of goods shall be free of charge. We would request notification prior to returning goods, so that we can organise free return through one of our selected carriers. Obligations with regard to the refund of payments are to be fulfilled within 30 days of sending the revocation.
2. It should be borne in mind that goods be returned in their original condition in packaging suitable to protect the goods against typical transport damage. In the event that the condition of the goods deteriorates significantly (e.g. soiling, damage, damaged documentation, incomplete return of goods) we expressly reserve the right to demand restitution.
7: Right of Retention
1. We retain title to the purchased item until all demands, including supplementary demands, have been settled. In the event of breach of contract we are entitled to demand the return of the purchased item. Where the item is processed further, e.g. mixed with other goods, we acquire co-title to the new item. In this case, there is no right of return.
2. The customer is entitled to sell on the goods in the ordinary course of business. This shall not apply where the customer is in arrears with regard to payments outstanding to us.
8: Warranty / Disclaimer
1. We guarantee that the items being delivered are free of material defects based on the latest state of technology, i.e. that they are suitable for their intended purpose or for normal use and possess the properties which are usual for items of the same kind. Compensation claims for defects are excluded. The warranty period is 2 years. The warranty period begins at the time at which the customer receives the item. Consumer parts and parts subject to wear and tear are not covered by this warranty.
2. We give no guarantee for damage or defects which arise out of improper use, storage, operation, and incorrect or negligent treatment. Warranty shall also lapse where the customer undertakes work or repairs on the item or has these done by somebody who is not authorised by us.
3. Obvious defects are to be notified in writing immediately on receipt of the goods and at the latest within 1 week of being identified. Where a defect becomes apparent only 6 months after receipt, the customer – in accordance with Art. 13 German Commercial Code – is obliged to provide proof that the item was already defective at the time the risk was transferred. Where the customer is a businessperson, he is responsible for providing all proof relating to defects from the moment at which the item was received by him.
4. Where the defect is one for which we are responsible, in accordance with Art. 439 German Civil Code, the customer may request either the removal of the defect or the delivery of a new defect-free item. The customer is obliged to return the contentious item with a precise description of the defect and a copy of the delivery slip. Where a complaint is unjustified, we reserve the right to charge the customer for the costs of our examination. The amount of such charge shall depend on the outlay involved but shall be at least €25.00.
5. Unless expressly agreed otherwise, the customer shall have no further right to assert claims on any legal grounds whatsoever. The existing disclaimer shall not apply where the customer’s loss is caused by deliberate action or gross negligence. Liability on the grounds of culpable injury to life, limb and health and liability arising out of the Product Liability Act remain unaffected. Insofar as we refuse liability, this shall also extend to our employees’ personal liability.
6. The customer is obliged to examine the goods on receipt and prior to further processing in respect of their correctness and suitability for the customer’s intended purpose.
9: Data Protection
The data required to perform the transaction shall be stored and used within the scope of order handling. All personal data shall be treated confidentially and shall not be divulged to third parties.
10: Miscellaneous
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. Where legally permissible, the place of performance and exclusive place of jurisdiction for all disputes relating to or arising out of this Agreement shall be Hamburg, Germany.
3. Where the customer has no general place of jurisdiction in Germany or moved his domicile outside Germany after concluding this Agreement or where his domicile is unknown at the time an action is filed, the place of jurisdiction for all disputes relating to or arising out of this Agreement shall be Hamburg, Germany.
4. Where individual provisions of the Supply Agreement or these General Terms & Conditions are invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which most closely resembles the Parties’ intended purpose at the time the Agreement was concluded.
Status as at 07.08.2009