Terms & Conditions

Section 1 Scope

(1) All contracts relating to the sale and delivery of movable items
(hereinafter: ‘goods’) entered into between you as a customer and us, Edeloptics GmbH, Straßenbahnring 19a, 20251 Hamburg, shall be exclusively subject to the following Terms and Conditions (hereinafter: ‘T&Cs’) in the version applicable at the time of contract conclusion. Any conditions that deviate from these shall not be recognised unless we have provided our express written acknowledgement of their validity.
(2) These T&Cs shall only apply if you are a consumer as defined by Section 13 of the German Civil Code (BGB). Consumers as defined by Section 13 BGB are natural persons who enter into a legal transaction for a purpose that is not associated with either their commercial or their self-employed professional activities.

Section 2 Offer and Contract Conclusion

(1) The presentation of our products in our online shop, brochures, advertisements and other advertising materials or our shop in Hamburg, Germany, shall not represent a legally binding offer but instead solely an invitation to treat (‘invitatio ad offerendum’).
(2) When placing an order in our online shop, by clicking ‘Buy’ at the end of the purchase process, you enter into a binding order for the goods in your cart. We shall confirm the receipt of your order by e-mail as soon as you have submitted it (confirmation of receipt). The confirmation of receipt shall not represent an acceptance of the purchase agreement. The purchase agreement shall only come into existence once we have accepted your online order by e-mailing you a separate order confirmation or delivering the goods to you within five days.
(3) We shall store the contract text and e-mail you the order details. You can view these T&Cs here at any time.
You can view previous orders in your online customer account.

Section 3 Prices

(1) All prices exclude delivery. The [DELIVERY COST] to which your order shall be subject can be found in our delivery costs list.
(2) Delivery shall be subject to our prices as specified at the time the goods are ordered in the currency you select. For goods shipped to EU countries, all prices include VAT at the applicable statutory rate. For goods shipped to countries outside the European Union, no VAT shall be charged. However, you shall bear any import turnover taxes and further customs duties imposed in the country into which you have us import the goods. For goods shipped to Switzerland, we shall bear any import turnover tax and all customs duties imposed, i.e. you shall not be subject to any costs other than the price shown to you in the applicable currency plus the Shipping Countries & Rates.

Section 4 Payment Methods, Delivery, Shipping

(1) Unless otherwise specified in the following provisions of paragraphs
2 to 4, the purchase price shall become due for payment in full immediately upon conclusion of the purchase agreement.
(2) You can choose between the following payment methods:

• Credit card. We currently accept the following cards: Visa, MasterCard.

• PayPal (further information about paying by PayPal can be found at www.paypal.de),
• Pre-payment (pre-payments must be received within 10 working days of our order confirmation. If the payment has not been credited to our bank account within 21 days, the order will be automatically cancelled)
• Cash on delivery (charge €9.90)

(3) Delivery shall be made once payment has been received, by means of cash on delivery or if the payment service provider selected by you on placing your order has confirmed the transfer of risk.
(4) Unless otherwise expressly agreed between the parties, we shall determine the shipping method and route as well as the carrier at our own discretion.
(5) You shall be immediately notified of any delivery delays.

Section 5 Offsetting and Retention

You shall only be entitled to offset counterclaims if these are undisputed or legally established. You shall only be entitled to assert your right of retention on the basis of counterclaims that relate to the same legal relationship.

Section 6 Cancellation Right

If you have ordered the goods in our online shop, you shall have the following cancellation right:

Section 7 Exclusion from the Cancellation Right

The cancellation right shall not apply to distance sales contracts in relation to the provision of goods that have been manufactured to customer specifications or clearly tailored to personal needs.

Section 8 Retention of Title

We shall retain title to the purchase item until the purchase price has been paid in full.

Section 9 Warranty and Disclaimer

(1) A warranty period of two years shall apply with effect from the date on which you receive the goods.
The warranty shall not apply to consumables and wear parts.
(2) We shall not accept any liability for damage or defects caused by you through the improper use, storage or operation of the goods or their incorrect or negligent handling. You shall not be entitled to claim for the reimbursement of expenses for rectification carried out by yourself unless you have first allowed a reasonable period of time for us to remedy the situation and that period has lapsed to no avail.

Section 10 Final Provisions

(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) In placing an order in our online shop, you have the opportunity to select [VERTRAGSSPRACHEN] as the contract language. If you purchase the goods in our shop in Hamburg, Germany, the contract language shall be German.
(3) Where you have no general place of jurisdiction in Germany or move your domicile outside Germany after the contract has been concluded, or where your domicile is unknown at the time an action is filed, the place of jurisdiction for all disputes arising out of or in relation to this agreement shall be Hamburg, Germany.

Last updated: 28/08/2012

Platform of the EU Comission for online dispute settlement: http://ec.europa.eu/consumers/odr