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General Terms and Conditions of Sale

Preamble

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. With your purchase, you signify your agree to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without prior notice.

These General Terms and Conditions of Sale govern entirely the sale of merchandise by www.eyewearscout.com by Michael Boock, Katzbachstr. 16, 81476 München, Federal Republic of Germany (“EYEWEARSCOUT” or “we”) to you. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.

Products and product condtion

You get at our internet store a huge choice of quality eyewear. You ask, how can we do such bargain prices on quality eyewear?

Let us tell you that the quality eyewear items on offer mainly come mainly sample collections or overstock. This is the reason why we are able to sell them at bargain prices that are only small fraction of regular retail prices. We guarantee that each item listed is 100% authentic.

Products sold can be in

  • mint condition
  • display eyewear
  • Display / Demo eyeglasses: There might/might not be price labels, dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function. Please note that we sell eyeglasses and not demo lenses. Demo lenses are not made for optical use. There might/might not be demo lenses included in the eyeglasses. Demo lenses might/might not be scratched, if included.
    Display / Demo sunglasses: There might/might not be price labels, dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function.
  • stock eyewear
  • Stock eyeglasses: There might/might not be dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function. Please note that we sell eyeglasses and not demo lenses. Demo lenses are not made for optical use. There might/might not be demo lenses included in the eyeglasses. Demo lenses might/might not be scratched, if included.
    Stock sunglasses: There might/might not be minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function.
  • used eyewear
  • Used eyeglasses / sunglasses: There might/might not be price label, dust, scratches, traces of use, etc. on the item. Items are individually quality checked before listing at the store and have full function

as clearly described at any product description.

 

Orders

All orders are subject to written acceptance by EYEWEARSCOUT. In general we provide our products to business customer in North America. In case you are located in a country other than North America, please contact us prior to ordering. All orders will be confirmed by EYEWEARSCOUT, in writing, by e-mail after checking available stock. Merchandise displayed may be out-of-stock or discontinued.

You may purchase products on the web site only for reselling them to your customers in North America. You may not export the products purchased on this web site to any other countires.

The existence and presence of the web site www.eyewearscout.com, the articles or services displayed and offered for sale therein do not imply any requirement on EYEWEARSCOUT to actually sell articles or provide services to customers. We reserve the right to refuse orders at any time for any reason at our sole descretion and without any obligation to supply explanation. By using this web site you agree to forfait any right or claims that you may have in order to enforce EYEWEARSCOUT to supply articles or provide services to you.

Prices and Ordering

All prices are in US Dollars. EYEWEARSCOUT retains the right to change prices at any time without notice. Minimum order is 1 item. High volume purchases are welcome, please contact us prior of high volume purchases via email to service@eyewearscout.com. If you are a first-time customer we recommend to make a trial purchase with a lower volume first, in order to accertain yourself by the quality of our products and the service provided.

Please note that all purchases > 1,000 EURO (approx. 1,250 US$) are subject to detailed customs regulations. Please verify with your local authority if customs regulations apply when you import the products to your country. The buyer is responsible to fulfill all custom regulations by importing the products himself.

Your order may be subject to state and local sales tax, depending on the location to which the item is being shipped. We do not charge you any sales taxes in accordance with applicable laws as we have our residence in Germany. All prices are exclusive of customs, import duties and sales tax. You are responsible for sales and all other taxes and/or customs duty associated with the order.

While EYEWEARSCOUT uses reasonable efforts to include accurate and up-to-date information on the web site, we do not make any warranties or representations as to the site's accuracy. EYEWEARSCOUT assumes no liability or responsibility for any errors or omissions in the content on it’s web site.

Payment Terms

Orders are not binding upon EYEWEARSCOUT until accepted and confirmed by us. Terms of payment are within EYEWEARSCOUT sole discretion. Invoices are due and payable at latest within 7 days after order confirmation. We may invoice parts of an order separately. Kindly understand that we can only ship your purchase after having received your payment.

We accept the following payment methods:

Shipment and Delivery

Shipping and handling charges on all orders are US$ 8.00 fix regardless of size and volume. They will be added to your invoice automatically.

Shipment is subject to payment of the purchase. Title to goods herein being purchased is retained by EYEWEARSCOUT until goods are paid for by the purchaser. Delivery is deemed complete and title to the merchandise passes to you upon the payment of goods and acceptance of shipment by a common carrier. Although we ship all merchandises only as insured parcel, EYEWEARSCOUT does not bear any risks of loss and damage to the merchandise from the time the same has cleared EYEWEARSCOUT fulfillment house.

We will ship your merchandise at the latest within 5 business days after we have received your payment. Regulary shipping starts within 2 business days after we have received your payment. In case of non-availibility of merchandise we will inform you accordingly and refund your payment. We will inform you by email as soon as your merchandise has been shipped. We ship through a common carrier (normally German Postal Service DHL “Deutsche Post AG DHL”). However we may choose another carrier at our sole discretion. Shipping regulary will take between 7 to 14 days after shipping date from Germany/Europe to your business location. In some exceptions it may take some days longer for the merchandise to arrive due to weather conditions or any other reasons caused by the carrier and/or customs authorities. It might also have an influence if you are located in a big city or the more outer areas of the country. On special request we will provide you with the order tracking code of the relevant carrier in order for you to check the status of your shipment. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card / Paypal account.

Returns and Refunds

Please read carefully before buying or before sending back. In general all sales are final. According your request we will return&refund up to 2 items poer customer. You may return item/-s within 7 days after arrival at your door. Refund amount per item is selling price minus US$ 3.95 return & refund fee per item. There is no refund of shipping & handling cost.

You might wonder why we have a return&refund policy like this. Let us kindly explain it to you. On our experience our customers might just buy 5 or 10 eyewear items on one order. When they receive the items, they realize that most of the eyewear items do not fit them and they want to return them. Is it really worth to send items half round the world just to realize that they don't fit and that they need to be returned? No. Therefore we kindly ask you first to understand eyewear measurements - we provide all possible measurements in item description. If you can't do that on your own, please ask your optician to support you in this. Then make your order and we are sure, it will work perfectly.

We are preparing a page that will provide you with information how to find out your personal frame sizes. Please allow us to publish that page by end of November, 2006 at latest.

Please send item/-s back with registered mail that you can be sure it will arrive at our mailbox. Otherwise you have to take the risk if the item does not arrive at our mailbox. This will ensure you to get your refund. Refund will be done via Paypal or via Worldpay after item arrived at our mailbox.

Please contact us via email with reference to invoice number and referring product number to receive your personal RETURN&REFUND NUMBER. Please reuse original shipping box & wrapping and add your personal RETURN&REFUND NUMBER when you send item back. Please note: Each person may use return & refund policy for two items at maximum. All sales on further items are final.

Third-Party Product

Products sold can be in

  • mint condition
  • display eyewear
  • Display / Demo eyeglasses: There might/might not be price labels, dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function. Please note that we sell eyeglasses and not demo lenses. Demo lenses are not made for optical use. There might/might not be demo lenses included in the eyeglasses. Demo lenses might/might not be scratched, if included.
    Display / Demo sunglasses: There might/might not be price labels, dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function.
  • stock eyewear
  • Stock eyeglasses: There might/might not be dust, minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function. Please note that we sell eyeglasses and not demo lenses. Demo lenses are not made for optical use. There might/might not be demo lenses included in the eyeglasses. Demo lenses might/might not be scratched, if included.
    Stock sunglasses: There might/might not be minor!!! scratches on frame/lenses from stock. Items are individually quality checked before listing at the store and have full function.
  • used eyewear
  • Used eyeglasses / sunglasses: There might/might not be price label, dust, scratches, traces of use, etc. on the item. Items are individually quality checked before listing at the store and have full function

as clearly described at any product description.

We do not provide any warranties nor spare part deliveries for the reason, that we are selling mainly display or stock eyewear (might be more current, retro or vintage eyewear) - available as long as stock lasts. That are items of high quality out of former collections of different labels and makes, might be out of sample collections and/or from stock. They might have been discountinued by applicable manufactureres. That is also the reason why we are able to offer those products at prices that low. In case you need to get spare parts just in case you would need them anytime, please make sure that you order a product that has a minium on stock "2 pieces" and order "2 pieces" so you will have your spare part included as you might need it in future. The products sold might not apply to current industry standards for the might be 1, 5, 10, 20, 50 and more years old. Nevertheless the proudcts are all eyewear according common standards of the year of production and can all hold prescription lenses or tinted lenses.

This does not affect the validity of the “Disclaimers and limitations of liability” hereinafter described in this document.

Colors

EYEWEARSCOUT has made every effort to display as accurately as possible the colors of the merchandise that appear on the web site. However, since the actual colors you see will depend on the photos and your monitor, we cannot guarantee that the photos and/or your monitor will accurately display the actual colors of the merchandise.

Disclaimers and limitations of liability

EYEWEARSCOUT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEB SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EYEWEARSCOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. EYEWEARSCOUT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THIS DISCLAIMER BY EYEWEARSCOUT DOES NOT AFFECT THE TERMS OF THE MANUFACTURER, IF ANY.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

Binding Agreement

EYEWEARSCOUT order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between EYEWEARSCOUT and you on the matters contained in these General Terms and Conditions of Sale. Modifications are only valid if accepted by EYEWEARSCOUT in writing. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing law and place of jurisdiction

The laws of the Federal Republic of Germany (without giving effect to any conflicts of law principles) govern this agreement and any sales and all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. You consent that all legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely before the courts in the City of Munich, Federal Republic of Germany.

Severance Clause

If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

Privacy

The terms and conditions of our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of merchandise through our web site.

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