Terms and conditions
GENERAL TERMS AND CONDITIONS OF EYERIM
1. INTRODUCTORY PROVISIONS
1.1 These general terms and conditions (also the “GTCs”) of eyerim s.r.o., with its registered office at Brezová 2055/22, Spišská Nová Ves 052 01, Slovakia, Identification number: 47 970 006 (the “Seller”), provide for the mutual rights and obligations of the parties arising in connection with or under the purchase contract entered into under Act No. 102/2014 Coll. on Protection of Consumers When Selling Goods or Providing Services Under a Distance Contract or Contract Entered-into Outside the Seller’s Premises, Amending and Supplementing Certain Acts, between the Seller and a consumer through an electronic order form of the Seller (the “Contract”) and shall be its integral part. The Seller is operating its Internet shop on the website located at www.eyerim.com (the “Website”).
1.2 The GTCs shall not apply to cases where the person intending to purchase goods from the Seller is a legal person or a person who, when ordering the goods, acts within his/her business or his/her own profession.
1.3 The provisions of these GTCs shall be an integral part of the Contract. The Contract and the GTCs are made in the Slovak language. The Contract can be entered into in the Slovak language. A Contract that includes these GTCs shall be considered to be a written contract.
2.1 A consumer may purchase goods from the Seller’s Website either as a registered user or an unregistered user. The advantage of registration is that the consumer does not have to re-enter his/her personal information and delivery address with every order , gets unrestricted access to his/her order history and thanks to the previously entered data, can make the payment easier and faster.
2.2 A natural person older than 16 years can register.
2.3 The consumer may register via the registration form available at the Website (the “Registration Form”). It is necessary that the consumer enter in the registration form all the information specified therein, namely: name, surname, e-mail, phone number, address for delivery goods ordered by the consumer, and create a password. Information entered by the consumer in the Registration Form must be true and up-to-date. If the consumer’s data changes, he/she will be able to change it at any time at www.eyerim.com/custom/account/edit.
2.4 Access to the account is secured by a username and password; the consumer hereby undertakes to keep the username and password confidential and protect them against use or misuse by any third parties.
2.5 The Seller may verify any and all information entered by the consumer in the Registration Form. If the Seller discovers that the data entered by the consumer in the Registration Form is not current, does not exist or is misleading, or that the consumer has not used the account for more than 24 months or violates his/her obligations or our rights under the Contract, the Seller reserves the right to deactivate the user account of the consumer.
3. ORDERING THE GOODS, ENTERING INTO THE CONTRACT
3.1 After selecting the goods on the Website and confirming his/her choice by clicking the “Add to Cart” button, the consumer will be redirected to the order form (the “Order Form”). It is necessary that the consumer enter all the details in the Order Form (or choose the appropriate option in the Order Form): name, surname, e-mail, telephone number, address for delivery of goods ordered by the consumer, information on the method of payment of the price for goods and the method of delivery of goods, or discount code or coupon. If the consumer is a registered customer, he/she needs to log in.
3.2 After selecting the method of payment, the consumer will be redirected to a page where all data of the consumer’s order is summarised. The Seller requests that the consumer check and, if necessary, correct any erroneous data in the order by clicking on the button “Edit”. If all the data entered by the consumer is correct, he/she will send the order by clicking on the button “Order with payment obligation”.
3.3 After sending the order, the Seller will send an order confirmation to the e-mail specified by the consumer. Delivery of an order receipt confirmation by the Seller does not mean the Contract has been entered into. Upon receipt of the order receipt confirmation, the Seller shall verify the availability of the goods; the Contract is entered into only upon a binding acceptance of the offer for a contract by the Seller in the form of an e-mail confirmation to the effect that the goods are ready to be picked up or that they were sent for delivery (as appropriate).
3.4 Any costs incurred by the consumer when using distance means of communication (such as a telephone or the Internet) to make the order shall be borne by the consumer; these costs shall be in an ordinary amount, depending on the telecommunications service tariff used by the consumer.
3.5 The Seller shall archive the order as well as the Contract for a period of at least 2 years, in any case for a period not exceeding the period provided by the applicable legislation, in order to successfully complete it. Neither the order nor the Contract will ever be made available to any non-participating third parties (except for the Seller’s employees and subcontractors to the extent necessary, or if the Seller is obliged to disclose these documents under the applicable legislation). If necessary, we will send the Contract to the consumer upon his/her request.
3.6 The consumer may purchase only the quantity of goods that corresponds to the normal need. The goods purchased through the Seller’s Website are not intended for resale. If the consumer orders or purchases a quantity of goods that does not correspond to the normal need or the Seller concludes, based on information available to it, that the goods ordered by the consumer will be used for resale, the Seller shall have the right to cancel the consumer’s order, or if the Contract has already been entered into, the Seller shall have the right to rescind the Contract. If the Seller rescinds the Contract, the consumer and the Seller shall mutually return one another all the performances made.
4. PRICE OF THE GOODS AND DISCOUNTS
4.1 The purchase price of the goods stated on the Website shall be the final price, i.e. as the price of the goods inclusive of VAT and other taxes and charges (if any); this price shall not include the shipping costs, cash on delivery charges, payment gateway operator’s fees and other fees specifically notified to the consumer when completing the order (in any case, before the order is sent).
4.2 By sending the order, the consumer confirms to have been informed that the delivery of the goods is conditional on the payment of the purchase price or other fees, the final amount of which will be notified to the consumer before the order is sent.
4.3 The consumer hereby acknowledges that if the Website indicates a price for goods that is manifestly erroneous, the Seller shall be entitled to rescind the Contract even after the consumer has received the e-mail confirming that the order of the consumer is ready to be collected or that the goods have been sent for delivery (as appropriate). In such a case, the Seller will promptly inform the consumer of the situation. As an example, the price indicated will be manifestly erroneous if: (i) the price of the goods is apparently incorrect (does not take into account the buying price), (ii) the price of the goods is missing or contains an extra number, or the decimal point is at the wrong place, or (iii) the discount on the goods exceeds 50%, but at the Website the goods are not marked by the marketing campaign or special offer symbol. If there are doubts about the price, the Seller requests the consumer to promptly contact it and the Seller shall confirm to the consumer whether the price is correct. This provision shall be without prejudice to the consumer’s right to rescind the Contract for convenience, in accordance with the terms and conditions set forth in these GTCs.
4.4 All special offers and discounts on the Seller’s goods shall be valid unless the particular product states otherwise. Discounts (if any) on the price of the goods cannot be combined (i.e. two or more discounts cannot be applied to a single product and/or order). Additional terms and conditions (e.g. duration) may be applied to a special offer or discount, which additional terms and conditions may be communicated separately to the consumer, whether as part of a marketing communication related to the special offer or discount or otherwise, and these additional terms shall form an integral part of these GTCs; if there is a discrepancy between these GTCs and such additional terms and conditions, preference shall be given to the terms and conditions set out in the special terms and conditions of the special offer or discount. For the avoidance of any doubt, if the consumer rescinds the Contract or returns the goods purchased for a special offer price, with a discount or using any coupon, such a special offer, discount or coupon cannot be used to purchase any other goods if the Seller is no longer providing the special offer or discount or if the coupon has expired.
5. PAYMENT TERMS
5.1 The consumer may, in his/her own discretion, pay the price of the goods as well as any costs associated with the method of payment or method of delivery chosen by the consumer in one of the following ways:
(a) cashless payment by a card (via a bank’s internet interface or the Gopay payment interface);
(b) in cash upon receipt of the goods at the location designated by the consumer; and
(c) cashless payment via the PayPal payment system.
5.2 The purchase shall become payable:
(a) by sending an order if the consumer has chosen as the method of payment of the purchase price a cashless payment under clauses 5.1(a) and 5.1(c), and the consumer’s obligation to pay the purchase price shall be satisfied at the moment of crediting the purchase price to the Seller’s account; or
(b) upon receipt of the goods if the consumer has chosen as the method of payment of the purchase price payment in cash under clause 5.1(b).
5.3 The invoice for the goods will be issued only after the consumer has paid the purchase price of the goods and it will be delivered to him/her:
(a) physically together with the goods if the consumer has chosen cashless payment under clauses 5.1(a) and 5.1 (c) as the method of payment of the purchase price; or
(b) by e-mail within 48 hours of the delivery of the goods if the consumer has chosen cash payment under clause 5.1(b) as the method of payment of the purchase price.
5.4 For the avoidance of any doubt, the cost of using the “cash on delivery” service is not included in the price of the goods and will be charged in the amount notified to the consumer after selecting the “cash on delivery” option when completing the Order Form. The price for the “cash on delivery” option shall be the price for using the payment method, not a postage or packaging fee.
5.5 For the avoidance of any doubt, the Seller does not issue invoices exclusive of VAT.
6. TERMS OF DELIVERY OF GOODS
6.1 The Seller shall deliver the goods to the consumer through the company specified in the Order Form (the “Delivery Agent”). Delivery shall be subject to the terms and conditions of the Delivery Agent.
6.2 On the Website, the Seller shall specify for each item of the goods non-binding indicative delivery times (as indicated on the Website); however, the Seller shall use its best efforts to deliver the goods to the consumer within those times. Notwithstanding the preceding sentence, the Seller shall deliver the goods to the consumer within 40 business days at the latest. The time to deliver the goods shall begin to run on the day following the day on which the order confirmation has been delivered to the consumer, but not before the purchase price has been credited to the Seller’s account if the purchase price is paid under clause 5.1(a) or 5.1(c). When fulfilling the consumer’s order, there may be circumstance affecting the delivery time of the goods ordered by the consumer. The Seller shall inform the consumer of any change in the delivery time promptly; this shall be without prejudice to the consumer’s right to rescind the Contract pursuant to these GTCs.
6.3 The consumer shall take delivery of the goods at the delivery address stated by him/her in the order, at the time agreed between the consumer and the Delivery Agent and under the terms and conditions specified by the Delivery Agent.
6.4 The Seller reserves the right to not repeatedly forward to the consumer any goods whose delivery was not taken by him/her (except as provided for in clause 6.5), or any goods whose delivery was not taken by the consumer for any reason even though the Seller acted in accordance with clause 6.3 above. If the consumer does not take delivery of the goods despite repeated attempts at their delivery, the Seller may rescind the Contract.
6.5 If the goods have been delivered to the consumer in a broken or damaged packaging or the shipment is apparently too light, the Seller requests the consumer to not take delivery of the goods from the Delivery Agent and to promptly inform the Seller by telephone at +421 233 059 601 or by e-mail at email@example.com.
7. RESCISSION OF THE CONTRACT
7.1 The consumer may rescind the Contract, even for convenience, at any time from placing the order until the expiry of the 30-day period that begins to run upon his/her receipt of the goods. For the purposes of this clause, goods shall be deemed to have been taken by the consumer: (i) if the consumer or a third party designated by him/her takes delivery of all or part of the goods ordered, or (ii) if the goods ordered by the consumer in a single order are delivered separately, once the goods have been taken delivery of, or (iii) if the goods consisting of multiple parts or pieces are delivered, once the last part or the last piece of those goods has been taken delivery of.
7.2 The right to rescind the Contract under clause 7.1 shall not apply to any goods made to the consumer’s specific requirements, made to measure or specially designated for a single person.
7.3 The right to rescind the Contract may be exercised by the consumer with the Seller by a letter addressed to this address https://www.eyerim.com/help/contact/ or by e-mail to firstname.lastname@example.org; the consumer may use the Contract rescission form available HERE. The time to rescind the Contract shall be deemed to be preserved if the Contract rescission notice has been sent to the Seller on or before the last day of the period of time referred-to in clause 7.1.
7.4 Within 14 days of the date of rescission of the Contract, the consumer shall return the goods to the Seller to this address https://www.eyerim.com/help/contact/ or to hand it over to the Seller or the person authorised by the Seller to take delivery of the goods. The period of time referred-to in the preceding sentence shall be complied with if, on or before the 14th day, the goods have been handed over for the transport. The costs of returning the goods to the Seller shall be borne by the consumer in full.
7.5 The consumer shall be responsible for the reduction in the value of the goods due to the handling of the goods that goes beyond the treatment necessary to establish the characteristics and functionality of the goods. Treatment of goods beyond the scope specified in the preceding sentence shall mean (inter alia) the return of any goods (i) that are not in their original packaging, (ii) without their protective case (if it was part of the delivery), (iii) without the accessories that were part of the delivery, (iv) from which the labels or tags have been removed, (v) from which the protective features have been removed (e.g. stickers on the lenses of glasses) have been removed, (vi) do not include the use instructions or other attached information. The Seller recommends that the consumer insure the parcel whereby the goods are returned to the Seller.
7.6 The Seller shall return the payments received by the Seller from the consumer under or in connection with the Contract to the consumer within 14 days of the date of rescission of the Contact, but not before the Consumer has delivered the goods to the Seller or demonstrated that he/she has sent the goods the Seller, provided that if:
(a) the consumer has paid the price of the goods in a cashless manner pursuant to clause 5.1(a) or 5.1(c), the purchase price shall be refunded to the account from which it has been paid, unless the consumer requests the Seller in writing to refund the purchase price to a different account; or
(b) the consumer has paid the price of the goods on delivery pursuant to clause 5.1(b), the purchase price shall be refunded to the consumer’s account specified by him/her in the Contract rescission notice or notified to the Seller later in writing.
7.7 The payments to be refunded by the Seller to the consumer pursuant to clause 7.7 shall be reduced by the Seller by:
(a) the additional cost of delivery of the goods if the consumer expressly chooses a different way of delivering the goods than the cheapest ordinary delivery method offered by the Seller (additional costs mean the difference between the costs of delivery chosen by the consumer and the costs of the cheapest ordinary delivery method offered by the Seller);
(b) the amount corresponding to the impairment of the goods pursuant to clause 7.6.
7.8 If, pursuant to these GTCs and the law, the consumer rescinds the Contract validly, any ancillary contract related to the Contract (if any) shall also be void.
7.9 The Seller reserves the right to rescind the Contract at any time prior to delivery of the goods if circumstances outside the Seller’s control occur that will make it impossible to deliver the goods ordered to the consumer under the terms and conditions stipulated in the Order and/or these GTCs. The Seller will promptly inform the Consumer of these circumstances by e-mail or by telephone to the e-mail and/or telephone number he/she specified in the Order Form. Within 14 days of the rescission of the Contract, the Seller shall refund to the consumer all payments received by it from the consumer under or in connection with the Contract.
8. WARRANTY AND WARRANTY CLAIMS
8.1 All goods purchased on the Website shall be subject to the 24-month warranty provided by the Seller to the consumer that begins to run on the day on which the consumer took delivery of the goods.
8.2 The warranty period shall be extended by the period during which the consumer could not use the goods due to their warranty repair.
8. 3 The warranty shall not cover any defects that have arisen on the goods:
(a) due to mechanical damage caused to the goods by the consumer;
(b) due to the use of the goods in conditions whose humidity, chemical and mechanical effects do not correspond to the natural environment;
(c) due to other than normal handling or neglect to take care of the goods;
(d) due to damage inflicted on the goods by excessive load or their use contrary to the manufacturer’s terms and conditions of use of the goods, the general principles or technical standards;
(e) due to damage inflicted on the goods by unavoidable and/or unforeseeable events;
(f) due to damage inflicted on the goods by accidental destruction and accidental deterioration;
(g) by unprofessional interference, damage during transport, water damage, fire or other force majeure; and
(h) by modifications made to the goods by a party other than the Seller or the person authorised by the Seller.
For the avoidance of any doubt, the warranty shall not cover normal wear and tear of the goods (or their parts) caused by their use.
8.4 The consumer may file a warranty claim regarding the goods at https://www.eyerim.com/help/contact/
8.5 When filing a warranty claim regarding the goods, the consumer shall deliver to the Seller:
(a) the goods subject to the warranty claim, with all their accessories delivered to the consumer together with the goods;
(b) the invoice for the goods; and
(c) a warranty claim letter whose specimen as available HERE and which must specify:
(i) name, surname, address, telephone number and e-mail of the consumer;
(ii) invoice number, order number and date on which the goods were delivered to the consumer;
(iii) designation of the goods subject to the warranty claim (such as their serial number);
(iv) description of the defect suffered by the goods subject to the warranty claim;
(v) the preferred method of dealing with the warranty claim under clause 8.10; and
(vi) handwritten signature of the consumer.
8.6 For the avoidance of any doubts, if the consumer has ordered goods (such as a spectacle frame) with the Seller that were subsequently supplemented by other goods that have not been purchased from the Seller (such as spectacle lenses), the consumer shall separate the goods and deliver to the Seller only the goods subject to the warranty claim without the goods purchased with a third party. On the day of delivery of the goods subject to the warranty claim together with the documents and information pursuant to clause 8.5, the period of time for the Seller to deal with the consumer’s warranty claim shall begin to run.
8.7 If the consumer orders more goods that are supplied within one unit, the claims for defects in one of these goods shall not cause the consumer to have claims for defects in other non-defective goods.
8.8 The warranty claim will be dealt with only in relation to the defects identified by the consumer in the warranty claim letter.
8.9 The Seller will deal with the warranty claim immediately, in more complex cases within 3 business days from the date of filing of the warranty claim under clause 8.7 and, in justified cases, especially if complex technical evaluation of the goods is required, within 30 days from the date of filing of the warranty claim. Once the period of time to deal with the warranty claim has expired, the consumer may rescind the Contract.
8.10 Based on the right chosen by the consumer to be exercised by him/her out of the following rights, the Seller will determine the method of dealing with the consumer’s warranty claim:
(a) if the defect can be remedied:
(i) the Seller shall remedy the defect without undue delay, on time and properly; or
(ii) the Seller will, at the request of the consumer, exchange the defective goods or their component if the defect relates only to that component if the Seller does not thereby incur disproportionate costs having regard to the price of the goods or the seriousness of the defect; or
(iii) the Seller will, in its own discretion, exchange the defective goods or their component if the defect affects only that component if that does not cause serious difficulties to the consumer;
(b) if the defect cannot be remedied and prevents the goods from being properly used as a defect-free item, or if the defect can be remedied, but the goods cannot be properly used due to the defect because the defect is repeated or the goods suffer from several defects:
(i) the Seller will exchange the goods; or
(ii) the consumer may rescind the contract.
(c) if the defects of the goods cannot be remedied, the consumer shall be entitled to a reasonable discount on the purchase price of the goods.
For the avoidance of any doubt, if the goods are exchanged, the warranty period shall begin to run on the date of takeover of the new goods.
8.11 If the consumer files the warranty claim regarding the goods:
(a) during the first 12 months of the purchase, the Seller may reject the consumer’s warranty claim only on the basis of expert assessment; whatever the outcome of the expert assessment, the Seller will not require the consumer to pay for the costs of the expert assessment or any other costs associated with the expert assessment. The Seller shall provide the consumer with a copy of the expert assessment justifying the rejection of the warranty claim within 14 days from the date of resolving the warranty claim;
(b) after 12 months of the purchase and the Seller rejected the warranty claim, it shall state in the warranty claim resolution document the person to whom the consumer may send the product for expert assessment. If the consumer sends the product for expert assessment to the designated person, the cost of the expert assessment as well as any other associated costs incurred shall be borne by the Seller regardless of the result of the expert assessment. If the consumer establishes the Seller’s liability for the defect by the professional assessment, the consumer may file the warranty claim again; the warranty period shall not run pending the professional assessment. The Seller shall compensate the consumer within 14 days of the date of re-filed warranty claims all the costs incurred for the professional assessment as well as all associated reasonable costs. A re-filed warranty claim cannot be rejected.
8.12 The Seller has hereby duly informed the consumer of his/her rights under Section 622 (clause 8.10(a) above) and Section 623 (clause 8.10(b), 8.10(c) above) of Act No. 40/1964 Coll., the Civil Code. By entering into the Contract, the consumer confirms that he/she has had the opportunity to read the terms and conditions governing the goods warranty claims.
8.13 The Seller shall inform the consumer about the resolution of his/her warranty claim by e-mail, telephone and/or letter and at the same time it shall issue a written document to the consumer within 30 days of the date of the warranty claim.
9. PERSONAL DATA PROTECTION
The Seller shall process personal data of the consumer under the terms and conditions set out in the Personal Data Processing Policy set forth HERE. The consumer hereby acknowledges and agrees with these terms and conditions of the processing of personal data.
10. ILLUSTRATION PICTURES AND VIRTUAL MIRROR
10.1 By entering into the Contract, the consumer acknowledges that the images and photos of the goods on the Website are illustrative and in reality the goods may differ from the illustration pictures, the difference being most often in colour of the goods.
10.2 The Seller offers the consumer on its Website the opportunity to compare the illustration picture of the goods with their photograph by means of the virtual Magic Mirror. The consumer acknowledges that the images of the goods in the virtual Magic Mirror are illustrative only and do not necessarily have to reflect reality.
11. DISPUTE RESOLUTION
11.1 If the consumer is not satisfied with the manner in which the Seller resolved his/her warranty claim or if he/she believes that the Seller violated his/her rights, he/she may contact the Seller with a request for remedy. If despite his/her request for remedy, the Seller turns down his/her request, its response is negative or fails to respond to his/her request within 30 days of the dispatch of the request, the Consumer may file a petition for commencement of an alternative dispute resolution pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, Amending and Supplementing Certain Acts.
11.2 The relevant entity for alternative resolution of consumer disputes shall be the Slovak Trade Inspection or other relevant authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The consumer may choose which of the above-mentioned entities of alternative dispute resolution of consumer disputes to turn to.
11.3 To file the petition for the alternative resolution of its dispute, the consumer may make use of an on-line platform for the resolution of disputes available at http://ec.europa.eu/consumers/odr/.
12. CONTACT DETAILS
12.1 Contact details of the Seller:
(a) address for delivery:
811 01 Bratislava,
(b) e-mail address:
(c) telephone number:
+421 233 059 601
12.2 Contact details of the oversight and supervision authority:
Slovenská obchodná inšpekcia (SOI)
Inšpektorát SOI pre Košický kraj
Odbor výkonu dozoru
(a) address for delivery:
P. O. BOX A-35,
040 65 Košice 1
(b) telephone number:
055/622 07 81, 055/622 76 55
055/622 46 95
13. GENERAL PROVISIONS
13.1 These GTCs shall become effective vis-à-vis the consumer on the date of the Contract.
13.2 The Seller may unilaterally amend or modify these GTCs at any time. The GTCs valid and effective at the time of the entering into of the Contract shall apply to the relationship between the consumer and the Seller.
13.3 If any provision of these GTCs is or becomes invalid or ineffective, instead of this provision, a provision whose meaning is as close as possible to the invalid or ineffective provision shall apply. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions of the GTCs. In case of any doubt, the provisions of these GTCs shall be regarded as valid rather than invalid.
These GTCs shall be valid and effective from 28.11.2019.