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GTC

General terms and conditions


YEYKEY Eyewear GmbH & Co. KG
 
§ 1 Validity of the general conditions
All our offers, products and services are based exclusively on the following General Terms and Conditions, even when accessed from outside the Federal Republic of Germany. Terms and Conditions that deviate from or are contrary to these General Terms and Conditions will not be recognized by the seller and shall not apply. Customer's terms and conditions that conflict with or differ from these conditions are not valid unless we have expressly agreed to them in writing.
 
§ 2 Conclusion of contract
2.1 All goods displayed by the seller –including prices quoted– are non-binding and subject to change.
 
2.2 We are permitted and retain the right to make mistakes, such as typing errors, technical or color deviations, or price modifications, despite our greatest care not to do so. We are entitled to contest the declaration of acceptance as defined in § 2.4 of this agreement in all such cases. We also assume no liability whatsoever as to the accuracy of the manufacturer’s description.
 
2.3 Once you (the “customer”/”buyer”) have ordered any of our products, you are legally bound to these terms and conditions and have made an offer to buy the goods ordered.
 
2.4 This agreement becomes officially effective as soon as you have received our confirmation of your order.
 
2.5 If a contract has been entered into, but we are unable to deliver the ordered articles within the foreseeable future despite congruent hedging transactions, then we reserve the right to withdraw from the contract. If we should establish that delivery of goods may be delayed for an unforeseeable amount of time, we will apprise you of this fact and refund any payments already made by you.
 
§ 3 Reservation of ownership
3.1 All goods shall remain our property until all of your contractual obligations towards us have been fulfilled. Any resale, rental, pawning, pledge or assignment as security by the buyer of goods delivered under reservation of ownership is prohibited.
 
3.2 If you behave in any manner contrary to the terms of this contract whatsoever, particularly by delaying payment, or by breach of contract as stated in § 3.1, we may, without prejudice to our other rights, demand the immediate return of our property.
 
§ 4 Delivery, shipping and passing of risk
4.1 Depending upon availability, all goods are dispatched as soon as possible (within 1 – 14 working days). Should the requested item be out of stock, we will ensure that it is delivered as soon as possible, depending on whether the manufacturer has it in stock. Each delivery is accepted under reserve that we will be supplied in due time and form. Delivery time for custom or special orders may take up to 4 weeks.
 
4.2 Any delivery dates or periods agreed upon as legally binding must be made in writing.
 
4.3 In case of goods that cannot be delivered for reasons beyond our control, we will deem the contract as having been fulfilled, if the items have been provided and the buyer notified. Delays due to cases of force majeure, disruption of transport or operative failures, strikes, shortage of raw materials and such like can lead to a reasonable extension of the delivery time. If delays continue beyond 4 weeks after conclusion of the contract, then each party is legally entitled to withdraw from this contract.
 
4.4 We are entitled to carry out partial deliveries at our own cost for any ordered items that are out of stock, in as far as this is deemed reasonable for the buyer.
 
§ 5 Cancellation policy and agreement regarding carriage of costs
Right of cancellation
5.1 You are allowed to cancel the contract in writing (e.g. letter, fax, email) without indication of reason or –if the goods should be at your disposal prior to the 30-day expiry period– by returning the goods. The two-week cancellation deadline begins upon your receipt of the goods and these instructions in writing; however, not before you have received the items and not before we have completed our information requirements according to the German Civil Code (Bürgerliches Gesetzbuch or BGB), § 312 c, section 2, in association with § 1, section 1, 2 and 4 BGB-InfoV, as well as our obligations according to § 312e, section 1 sentence 1, in accordance with § 3 BGB-InfoV. To meet the cancellation deadline, timely mailing of the written cancellation or return of shipment shall suffice. The declaration of cancellation and/or returned shipments must be sent to:
 
YEYKEY Eyewear GmbH & Co. KG
Geiselgasteigstraße 120, D-81545 Munich, Germany
info@yeykey.com, Tel: +49 89 92560688
 
Consequences of cancellation
 
5.2 In the event of a valid cancellation, any services or goods received mutually and profit derived there from, shall be returned. Should you be unable to return the services or products received in their entirety, partially or at all, or where they can only be returned in a deteriorated state, you will be liable to pay compensation to us accordingly. In cases where contact lenses have been worn, cleansing products opened, contact lenses packages defaced or opened, resulting in our being unable to resell the products, then you are obliged to reimburse us up to 100% of the purchase/retail price. This does not apply to returned goods where deterioration is obviously and entirely attributable to damage incurred by inspecting the merchandise, as would have been possible for you to do so in a retail outlet. You can avoid having to reimburse us for decrease in value due to deterioration resulting from use of goods in accordance with their intended purpose, if you do not take possession of the item as if you were the owner and refrain from doing anything that might further adversely affect the value of the item.
 
5.3 Before returning the merchandise you are requested to contact
 
YEYKEY GmbH & Co. KG
Geiselgasteigstraße 120, D-81545 Munich, Germany
info@yeykey.com, Tel: +49 89 92560688
 
in order to arrange appropriate shipping depending on the merchandise, as well as to avoid any further deterioration of its condition.
 
§ 6 Shipping costs of cancelled merchandise
You will be liable for the shipping costs.
 
§ 7 Warranty
7.1 Should the delivered merchandise be defective or its warranted qualities flawed, or should it develop defects within the warranty period as a result of poor materials or faulty manufacturing, then we will either repair the items or provide you with a replacement. We are permitted to make multiple reparations. We reserve the right to refuse your choice of subsequent fulfillment if it entails disproportionately high costs.
 
7.2 The warranty period begins with the date of delivery and lasts for two years.
 
7.3 Once we have received the returned merchandise, we will refund the original purchase, minus any outstanding payments you may owe us.
 
7.4 All claims must be made in writing (email, fax or letter) and any defects communicated to us without delay as soon as they become apparent.
 
7.5 Upon discovery of any obvious deficiencies, and in order to prevent any further deterioration of the merchandise, you are obliged to inform us immediately. Failure to notify us of defects in good time will have no influence on our existing scope of warranty. Defective merchandise must be returned to us for inspection in the same condition at the time that it was discovered as being faulty.
 
§ 8 Limitation of liability
We are exempt from being held liable for minor negligent breaches of duty, as long as they do not result in death or personal injury, or any breach of the statutory implied terms as to title of goods or claims according to the Product Liability Act. Furthermore, legal liability for breach of duties, which enables us to fulfill this agreement in the first place and in which the customer is entitled to trust, remains unaffected. The same applies to any breaches of duty by our vicarious agents.
 
§ 9 Payment
9.1 We reserve the right to specify which form of payment you may use. This applies in particular to customers ordering for the first time, or orders where we have been unable to establish the buyer’s credit rating.
 
9.2 We are entitled to initially offset any payments you make against any outstanding claims you may still have.
 
9.3 For your part, you are only allowed to set-off costs, if your counterclaim is uncontested or has been established as legally effective or expressly acknowledged in writing by us. You can only exercise your right of retention as long as your claim has resulted from the same contractual agreement.
 
9.4 You can choose the following methods of payment in accordance with § 9.1
 
Payment on invoice
Payment in advance
Credit card: VISA or Mastercard
For payment in advance, please use those bank details supplied with the order confirmation. Payment in full must be made to our bank account within 7 days. Payments by credit card will be debited to your account after the declaration of acceptance has been transmitted.
 
Payment on invoice:
 
9.5 If you default on payment, then additional interest charges of 5% above the current base rate on top of the sales price can be charged for the duration of the delay. We reserve the right to prove and enforce a claim for higher damages caused by delay.
 
§ 10 Data protection
All personal data will be handled confidentially in accordance with the relevant data protection laws.
 
§ 12 Place of fulfillment
The place of fulfillment is the head quarter of YEYKEY Eyewear GmbH & Co. KG in Munich. The law of the Federal Republic of Germany applies exclusively to all legal relationships between the seller and the buyer and excludes the UN Sales Law.
 
Munich 2013