§ 1 General, Scope of the GTCs

1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order.

1.2 The contracting party is [doctorseyes GmbH, Abteistr. 28, 88416 Ochsenhausen, Commercial Register: 641792 Register Court: Biberach Local Court HRB Represented by: Thomas Henninger] (hereinafter “Seller”).

1.3 Customers within the meaning of these Terms and Conditions may be consumers (hereinafter “Customer”). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity.

§ 2 Conclusion of the contract, conclusion of the contract

2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded with the dispatch of your order to us. You will receive an order confirmation by e-mail.

OR

2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer according to § 145 German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order receipt confirmation by e-mail. Upon acceptance of your order by us, you will receive an order confirmation by e-mail within 3 working days after receipt of your order, with which the contract is concluded.

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking the button [In den Warenkorb], [HINZUFÜGEN] or [WILL ICH HABEN] you can add the item to the shopping cart. You can view the contents of the shopping cart at any time without obligation by clicking on the button with the shopping cart icon in the top navigation. You can remove or change the products from the shopping cart again by clicking on the graphics [Change] and [Löschen]. If you want to buy the products in the shopping cart, click on the button [Kasse].

In the course of the further order process, you set up a customer account with us for your first purchase and select the shipping and payment method. In the last step you will receive an overview of your order data under “Order information” and you can check all details again and delete or change them at [korrigieren]. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting over. To complete the purchase, you must accept our terms and conditions and press the button [Jetzt Kaufen]. With this you send the order to us.

§ 3 Storage of the contract text

We store your order, the entered order data and the entire contract text. We will send you by e-mail an order receipt confirmation followed by an order confirmation OR an order receipt and order confirmation with all order data and the entire text of the contract.

§ 4 Right of withdrawal for consumers

The following right of withdrawal applies only to consumers in distance selling:

1. cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and e-mail address) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

2. exclusion of the right of withdrawal

The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery,
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts, contracts for the provision of services in the areas of accommodation for purposes other than residential, transport of goods, motor vehicle rental, supply of food and beverages, and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

§ 5 Model cancellation form

(If you want to cancel the contract, please fill out and return this form).

To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date

(*) Delete as applicable.

§ 6 Prices and shipping costs

All prices include the statutory value added tax plus shipping costs. We deliver with [GLS] or another provider of our choice.

§ 7 Delivery conditions

7.1 We deliver exclusively within Europe.
7.2 The goods will be delivered within [3] business days, unless otherwise specified in the offer.

§ 8 Terms of payment

8.1 Payment shall be made either in advance, direct debit, PayPal (up to a maximum of 500€), SOFORT Überweisung (up to a maximum of 500€), Giropay or credit card (up to a maximum of 500€).

We reserve the right to exclude individual payment methods.

8.1.1 If you choose the payment method “Prepayment” you will still receive an invoice from us with a separate mail. Please use the order number as reason for payment when transferring the money. Your order will be shipped only after payment is received on our account.

8.1.2 When paying by SEPA Direct Debit Mandate, you authorize our bank to send an instruction to your bank to debit the purchase or rental amount from your account by entering the IBAN and confirming this order. You can also object to direct debits on the basis of these direct debit authorizations without giving reasons. For the revocation of direct debit authorizations, an objection period of 8 weeks from the booking date applies. Your bank may be entitled to charge a fee for the objection.
8.2 We retain title to the purchased item until the invoice amount has been paid in full.

8.3 The purchase price shall bear interest at the rate of 5 percentage points above the base interest rate upon the occurrence of default in payment during the period of default.

§ 9 Warranty

If you are a consumer, the warranty is in accordance with the statutory provisions.

§ 10 Liability

We shall be liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the event of slight negligence, we shall be liable for injury to life, limb and health of persons.
In other cases, we shall only be liable for slight negligence in the event of a breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the contractual partner relies. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. This limitation of liability shall also apply in favor of our vicarious agents.

§ 11 Customer service

If you have any questions, complaints or claims, please contact us. You can reach us Monday – Friday between 08:00 and 18:00 by phone +49 (0) 7352 93 92 12 or by e-mail to info@doctorseyes.de.

§ 12 Miscellaneous

12.1 The contractual language is German.

12.2 The European Commission provides a platform for online dispute resolution (OS). This can be accessed via the following web address: https://ec.europa.eu/consumers/odr/.

In the event of disagreements arising from consumer contracts, we will endeavor to settle disputes out of court. We are therefore obligated to conduct dispute resolution proceedings before the Federal Universal Arbitration Board (including address and website), provided that the consumer has previously asserted the disputed claim against us. Legal recourse is of course open to consumers at all times.

Universal Arbitration Board of the Federation
Center for Mediation e.V.
Strasbourg street 8
77694 Kehl on the Rhine

Phone 07851 / 795 79 40
Fax 07851 / 795 79 41
E-mail: mail@universalschlichtungsstelle.de

12.3 If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.