Terms of service
General Terms and Conditions of Business, Delivery and Payment
(eyecare company AG – GTC)
§ 1 Scope of the eyecare company AG – GTC
The entire ordering process, including invoicing, is carried out by eyecare company AG, Cologne (hereinafter referred to as ‘eyecare company’). These General Terms and Conditions, in the version published at the time of the order, shall apply exclusively to all business relationships between the customer (hereinafter referred to simply as the ‘Customer’) and eyecare company. It is recommended that the General Terms and Conditions be printed out on the day the order is placed. In case of doubt, the current General Terms and Conditions shall apply.
Any terms and conditions of the Customer that conflict with or deviate from these shall not be recognised. Any exceptional deviation from these terms and conditions on the part of the Customer requires the express written consent of eyecare company. Such consent may also be given by email.
Furthermore, by submitting an order, the Customer expressly agrees to the validity of these General Terms and Conditions and accepts them in full.
§ 2 Conclusion of the Contract
The contract between the customer and eyeare company is concluded through a so-called online order and its acceptance by eyeare company. The order placed by the customer constitutes an offer to enter into a contract, which is accepted by means of confirmation. The order is placed by submitting all necessary information, in particular by completing an order form in full online, which is made available in the online shop. Acceptance of the order takes place via an online order confirmation sent by eyeare company to the customer.
Should any clerical, calculation or legal errors occur, the order may be refused. Should doubts subsequently arise as to the accuracy of the information provided, and should these doubts not be dispelled by the customer upon enquiry, the order will be definitively refused by eyecare company.
§ 3 Right of withdrawal and returns
You have the right to withdraw from this contract in writing (e.g. by letter, fax or email) within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods, the last partial consignment or the last item (in the case of partial deliveries). To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal or return the goods in good time.
The notice of withdrawal should be sent to:
eyecare company AG
-Returns Department-
Walther-Rathenau-Str. 5A
D-50996 Cologne
Germany
Fax: +49 (0) 221 16539888
Email: info(at)eyecare-company.de
In the event of a valid withdrawal, the performances received by both parties must be returned and any benefits derived by us (e.g. interest) must be surrendered. If you are unable to return the performance received to us, either in whole or in part, or can only return it in a deteriorated condition, you may be required to compensate us for the loss in value to that extent. In the case of the supply of goods, this does not apply if the deterioration of the goods is attributable solely to their inspection – as would have been possible, for example, in a high-street shop.
You are not required to pay compensation for any deterioration resulting from the intended use of the goods. Items suitable for parcel post must be returned to the address given above at our risk. You must bear the costs of the return shipment if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros, or if, in the case of a higher price, you have not yet provided the consideration or made a contractually agreed instalment payment at the time of withdrawal. Otherwise, the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you.
Obligations to refund payments must be fulfilled within 14 days. For you, this period begins when you send your notice of withdrawal or the goods; for us, it begins upon receipt thereof.
§ 4 Prices
All offers listed and product prices shown in the current online shop are in euros and include the applicable statutory value-added tax.
§ 5 Delivery and Dispatch
Orders are processed in full by eyecare company. Unless otherwise agreed, delivery is made ex-warehouse to the delivery address specified by the customer. Risk passes to the customer only once the goods have been handed over to them.
All orders are processed by eyecare company within 24 hours on working days from Monday to Friday, provided the goods are immediately available. If the goods ordered are in stock, they will be delivered nationwide to any valid address (first delivery) within 4 working days (Mon–Fri) by a logistics service provider commissioned to carry out the delivery (e.g. DHL or similar). If the goods ordered are products not held in stock (e.g. made-to-order items), these will be sourced directly from the manufacturer. Depending on availability and delivery options, delivery will take place as soon as possible within 14 days – also via the logistics service provider.
As well as Germany, you can place orders with us from the following EU countries: Belgium, Luxembourg, the Netherlands, France and Austria. Deliveries to these countries are handled by the local partner companies of the contracted logistics provider.
Incorrect deliveries must be reported to eyecare company in writing. We ask that you report any obvious transport damage to eyecare company as soon as possible after receipt, together with a written confirmation of the damage from the logistics service provider, so that we can safeguard our rights under the transport contract. This does not constitute an obligation to lodge a complaint.
No liability is accepted for delivery delays beyond the control of eyecare company.
All products on offer are also sold individually. There is no minimum purchase quantity and no minimum order value in our online shop.
Delivery charges
Delivery to Germany: For orders under €60.00, a flat-rate delivery charge of €3.50 is applied to cover postage, packaging and insurance. This flat-rate charge does not apply to orders of €60.00 or more.
Delivery to other EU countries: For orders totalling less than €60.00, a flat-rate delivery charge of €5.90 will be applied to cover postage, packaging and insurance. For orders totalling €60.00 or more, this flat-rate charge is reduced to €3.00.
§ 6 Due Date, Payment and Default
The purchase price becomes due immediately upon acceptance of the order.
Customers may choose from the following payment options.
Prepayment
PayPal
PayPal credit card (currently VISA, Mastercard)
PayPal direct debit
eyecare company reserves the right to offer these payment options on a selective basis only.
Should payments not be made by the due date, the customer shall be in default 30 days after the purchase price becomes due, without the need for further reminders. From this point onwards, eyecare company is entitled to charge interest on arrears at a rate of 5 per cent above the current base rate per annum. The applicable statutory provisions regarding default shall apply. Where direct debit has been agreed, any costs incurred for returned direct debit charges shall be charged to the customer.
If it can be proven that greater damages resulting from default have been incurred, eyecare company is entitled to claim these.
§ 7 Set-off, Right of Retention
The customer shall only be entitled to set-off if their counter-claims have been legally established or acknowledged in writing by eyecare company. Furthermore, they shall only be authorised to exercise a right of retention to the extent that their counter-claim arises from the same contractual relationship.
§ 8 Retention of Title
Title to the products supplied by eyecare company shall remain with eyecare company until the customer has fulfilled all obligations arising from the contract.
§ 9 Warranty against defects
eyecare company guarantees that the products supplied meet the standard commercial requirements in terms of application, reliability and service life. The guarantee only covers claims where the care instructions have been followed and damage or defects resulting from negligence have been avoided. A guarantee claim shall lapse if the customer or a third party has made alterations to the products or attempted to repair them without the consent of eyecare company.
§ 10 Special Conditions for Contact Lenses
Wearing contact lenses and using associated products (such as care solutions) may affect eye health. The following conditions therefore apply to the purchase of contact lenses and care solutions:
The minimum age for ordering contact lenses is 16 years.
By placing an order, the customer confirms that they are already a contact lens wearer. The contact lens prescriptions entered as part of the order must correspond to a contact lens prescription issued by an ophthalmologist or qualified optician and must not be more than 12 months old.
The customer undertakes to read the instructions for use and guidance for the delivered products carefully and to comply with replacement and usage guidelines.
The contact lens wearer has not been advised against wearing contact lenses by an ophthalmologist or qualified optician.
Regarding compatibility and possible
§ 12 Governing Law
All contracts and business relationships between the customer and eyecare company shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Cologne, January 2024, eyecare company AG