GENERAL TERMS AND CONDITIONS

General terms and conditions

Dr. Eugen Beck GmbH & Co. KG

Flairpark

59302 Oelde

(Seller)

 

As of: 01.01.2020

1. Applicability of the general business terms and conditions

Seller provides deliveries, services and offers through orders via this online shop exclusively on the basis of these general business terms and conditions (hereinafter also “GTCs”). These GTCs may be accessed at any time at www.flair.de, printed out using your internet browser or stored on your computer.

 

Seller does not acknowledge contrary or deviating GTCs and hereby expressly rejects these. Seller offers are directed exclusively to businesses and commercial resellers, and not to consumers.

 

Regarding Seller´s internal glazing lab and service the seperate general business terms and conditions for the glazing service shall apply.

 

Sales by the customer on the Internet may only be made after a separate agreement to that effect has been concluded.

2. Entering into contract

All offers of goods presented on the internet by Seller are subject to change without notice and unbinding – including with regard to price quotations. Seller shall not be held liable for potential errors, misprints, technical, color-related and pricing changes, despite its most diligent efforts to avoid these.

 

Upon ordering goods, Buyer declares its intent to acquire the ordered goods on a binding basis. Prior to shipment of the order, the data may be reviewed at any time and changed or deleted. However, the order will only be placed and transmitted if Buyer accepts these contractual terms and conditions beforehand by clicking the "Accept GTCs" button, and thereby incorporates them into the order.

 

After the order is placed, Seller sends an automated order confirmation receipt via e-mail which can be printed out and in which the order is once again listed . The automated order confirmation receipt documents the receipt of the order by Seller.

This contract takes full force and effect not until transmission of a shipment confirmation and/or shipment of the goods.

 

The internet shop is available in German, English and French. After order placement, the contract text may no longer be reviewed; the shipment confirmation, however, contains all details of this contract.

3. Pricing and payment

Seller’s pricing is accepted to be the cost from its Oelde / Passau-based factory, excluding VAT. Buyer will be invoiced at the prices in effect on the date of order, plus packaging and shipping costs, which are added to the cost of sale. Price lists serve only as non-binding information.

 

Invoices are due and payable with 2% discount if paid within 14 days of invoice date, or due and payable without deduction within 30 days of invoice date. In the event of default, our claims for remuneration shall bear interest at 5% over the base interest rate. Our claims for compensation for further losses shall remain unaffected thereby.

 

Seller is entitled at any time after acceptance of the order to refuse to render the agreed service or delivery or to premise it on the furnishing of a security deposit or advance payment if the customer is in default of payment or if Seller becomes aware of facts relating to the financial circumstances of the customer as a result of which, in Seller's free discretion, satisfaction of Seller's claims does not appear to be secured or no longer appears to be sufficiently secured.

 

The customer undertakes to reimburse the Seller for all dunning and collection expenses actually incurred and necessary for the appropriate prosecution of its legal rights, in particular the costs of any collection agencies engaged and attorneys' fees.

 

The customer may only offset claims arising out of this contract against claims that have been expressly acknowledged in writing or have been adjudicated by a res judicata court judgment. The customer is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or other complaints.

4. Reservation of proprietary rights

The goods remain the property of Seller until payment in full of the respective account balance. Seller is entitled to repossess the purchase object if Buyer conducts itself in contravention to this contract.

Buyer is obligated to handle the purchase object with all due diligence and care until ownership has been transferred to it in full.

In the event the goods are hypothecated by third parties, Buyer is committed to notify such parties of this reservation of proprietary rights and notify Seller of this circumstance immediately. Legal venue is Oelde, Germany.

 

If Seller sends display cases, stands or other objects with which goods may be presented, the customer may only use these for the purposes intended by Seller. Seller shall retain ownership and all IP rights to such items. The customer must immediately return them to Seller upon request, insured and free-of-charge. Unless otherwise agreed in writing, such items shall remain the property of Seller even if the customer bears the costs thereof.

 

5. Delivery and shipment

Buyer accepts all risk and expense of shipment.

 

6. Warranty and defects

The warranty period is 2 years from the date of delivery of the goods.

 

Seller shall have no obligation to insure goods against transport damage. Seller will insure the goods against theft, transport damage and other insurable risks only upon the express request of the customer and at the customer's expense. The customer is obliged to insure the return of goods, where this Agreement provides for such, with a value of more than EUR 150 for theft, transport damage and other insurable risks at the customer's own expense. The customer shall accept delivered items without prejudice to the customer's rights, even if they have defects.

 

Defect complaints must be reported to Seller within 14 days of receipt of goods. Defect complaints do not entitle Buyer to retention of payments owed.

 

The existence of a defect which is subject to warranty must always be proven by the customer.

 

7. Liability

Seller excludes its liability from damages caused by minor negligence, as long as such damages do not relate to injury to life, limb or health or warranties, or claims which are affected by the German Product Liability Act.  Liability remains unaffected for violation of contractual obligations whose performance facilitates the orderly execution of this contract in the first place, and on whose compliance the Buyer may regularly rely. The same applies to any breach of duty by its vicarious agents. The burden of proof as to the existence of wilful acts or omissions or gross negligence shall lie with the customer.

 

8. Data protection

Seller gathers customer data only as part of its execution of contracts. In this respect, Seller observes statutory regulations - specifically the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG). Customer data are only gathered, processed or used if such data are required for the execution of the contractual relationship.

 

More detailed information is contained in the Data Protection Declaration.

 

9. Closing provisions

Place of performance for delivery and payment is the business domicile of Seller. For all legal relationships between Seller and Buyer, the laws of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

If Buyer is merchant as contemplated by commercial law, a legal person subject to public law, or a special fund under public law, then Seller's domicile is the agreed legal venue.

 

If one of the terms or conditions in these General Business Terms and Conditions is or becomes invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions. The invalid term shall automatically be replaced by a term coming as close as possible to it in terms of commercial outcome. The same shall apply to any gaps in the contract.

 

The German language version of these GTCs shall be deemed the binding version. Other language versions are non-binding and provided for convenience only.

 

General Terms and Conditions of the FLAIR Service-Lab

(glazing service; valid from 01.12.2009, updated 01.03.2019)

These general terms and conditions (GTC) in their respective most recent version shall exclusively apply to all business with the customers of the FLAIR glazing service.

1. General

The FLAIR glazing service undertakes the service of "attachment of lenses in glasses   frames" for optician's businesses and optical companies in accordance with the order   form. On issuing such an order, the client recognises the general terms and conditions   of the FLAIR glazing service in their respective most recent version.

2. Business hours

The hours of business of the FLAIR glazing service are as follows: Monday to Thursday from 8:00 to 12:00 and from 12:30 until 17:00, as well as Friday from 8:00 until 14:30.

3. Preparation of the order by the client

  • Before placing an order, the client is obliged to check the quality of the lenses and   frames to be sent in for processing (in respect of the lens surface, coating, values, etc.).

  • The client shall check the material being submitted in respect of the feasibility of the grinding-in order. This shall include, for example, checking the minimum edge thickness   in the case of nylon glasses (2 mm) and the feasibility of glazing in the case of very domed lenses and associated frames.

  • For reasons of hygiene, glasses that have already been worn by customers must be cleaned before submission.

  • With the order, the client is obliged to send in any special individual parts required   for processing the order (e.g. jewellery screws) to the FLAIR glazing service.

  • The client is additionally obliged to carefully pack parts belonging to the order.   Glasses frames must be packed in hard-shell cases. Should orders not packed   accordingly arrive in a damaged state at the FLAIR glazing service, there shall be no entitlement to compensation for damages.  

4. Placing an order

  • The flair-glazing service generally reserves the right to reject glazing orders for   technical reasons. (Thicknesses over 6 mm and different prism)

  • The client shall be liable for the correctness of the details provided on the glazing  order form of the FLAIR glazing service.

  • Only orders submitted with a fully completed glazing order form of the FLAIR glazing   service shall be processed. This form is available on the www.flair.de website for  downloading and printing out as a PDF document free of charge. If required, a hard   copy may be requested from the FLAIR glazing service. In the case of orders submitted   without this form, the FLAIR glazing service shall not be liable for the correctness of   processing.

 

5. Risk of breakage and compensation 

The FLAIR glazing service assumes the risk of breakage for the period of processing in its workshops. The FLAIR glazing service shall expressly not provide compensation for:

Material faults and surface faults on the individual parts submitted (see §3)

  • Drilled and nylor glasses with a refractive index of 1.5

  • Drilled and nylor glasses with phototropic lenses with a refractive index of 1.54

  • Drilled and nylor glasses with an edge thickness of less than 1.8 mm (see §3)

  • Centring errors due to centring data not being recorded in writing on the glazing form   of the FLAIR glazing service. This includes hand-painted centring crosses, which do not  permit clear reading of the centring data. All relevant data must be clearly marked on   the glazing form.

 

6. Processing the orders

  • The lenses shall be centred exclusively using the lens boxing system.

  • The distance optical centre shall apply in the case of varifocal lenses. Recessing   generally takes place according to the main visual direction.

  • If no height is stated on the glazing order form in the case of single vision lenses, the FLAIR glazing service shall grind these in centrally.

  • The edge processing of progressive lenses above 8dpt should be done by a glass  manufacturer.

 

7. Delivery and processing times

  • Orders received by the FLAIR glazing service shall be processed as quickly as possible. The average processing time for single orders is two to three working days within the scope of our business hours (see §2), excluding delivery times on the part of the delivery service.

  • Should different dates be requested regarding the completion of single orders, these must be declared separately by telephone before placing the order and before sending to the FLAIR glazing service. The FLAIR glazing service will then check the feasibility of the requested date and agree on further proceedings with the respective client. In addition, the client must note his/her date request on the glazing order form. However, the FLAIR glazing service cannot guarantee that particular delivery deadlines will be met, even in the case of special date requests.

 

8. Return to the client

Processed orders will be returned to the client (i.e. to the optician's business)  exclusively through the DHL Deutschland delivery service.

  • According to DHL Deutschland, the standard delivery time for shipments is 24 hours   from the time the package is handed over to DHL Deutschland. The FLAIR glazing   service cannot guarantee that the DHL Deutschland delivery times will be met.

  • Packages sent by the FLAIR glazing service via DHL Deutschland are generally   insured up to a maximum of EUR 520, provided the package is lost or damaged during   shipping in the care of DHL Deutschland. If damage to the package is detected upon   delivery, the recipient (i.e. the optician's business) is obliged to indicate this immediately to the DHL delivery person. In this respect, it is sufficient to describe the   damage when providing a delivery receipt. If the recipient neglects to comply with   his/her duty of inspection, it must be assumed that the package was delivered in a   proper, intact state.

  • The FLAIR glazing service guarantees the immediate packaging of processed   orders. These will always leave the workshop in good condition. The FLAIR glazing   service accepts no liability if, in spite of careful packaging and the simultaneous   intactness of the package, the goods were damaged during transportation.

 

9. Complaints

  • Faults in orders processed by the FLAIR glazing service that objectively did not arise during transportation (see §8) must be reported by telephone or in writing to the FLAIR glazing service by the client immediately on receipt of the goods. The faulty glasses  must also be sent back. In discussion with the client, the FLAIR glazing service shall  decide whether and how the indicated fault shall be rectified in each respective case.

  • If the client has already given the glasses to the end user, there shall no longer be any claim for improvement or rectification of faults on behalf of the FLAIR glazing service.

10. Prices

All details on the price list of the FLAIR glazing service (in their respective most recent version) are quoted before value added tax (VAT). The current price list can be obtained on request from the FLAIR glazing service verglasungsservice@flair.de .

11. Invoicing and terms of payment 

  • Invoicing generally occurs every 30 days.

  • Essentially, invoices from the FLAIR glazing service must be paid within 30 days,   without deductions.

12. Validity 

The general terms and conditions of FLAIR shall always apply in their most recent   version. Former versions shall lose their validity upon the publication of a newer version.

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