General terms of optixdirect
These General Terms and Conditions (hereinafter also referred to as GTC) refer to the offer of spectacle lenses and other products of Optix Direct UG (haftungsbeschränkt) (hereinafter also referred to as optixdirect) or its partner companies and are based on German law. These GTC are an integral part of every order for a product from optixdirect and apply exclusively before an order is placed against entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB unless optixdirect explicitly states otherwise to the customer. The purchaser's terms and conditions shall only apply if their validity has been expressly confirmed in writing by optixdirect or its partner companies.
These GTC shall also apply to all future business relations with the Buyer to the extent that they are legal transactions of a similar nature, even if they are not expressly agreed again. These GTC also expressly apply to orders commissioned by the Buyer and to be executed by optixdirect or its partner companies which have not been confirmed by optixdirect or its partner companies either verbally or in writing.
2. Offer and conclusion of contract
Our offers also available for the domain www.optix-direct.de or also over our product catalogs or also illustrations are noncommittal. Orders can be placed via the Internet by entering order data in our web shop or by telephone or fax. The customer is bound to his order for 14 days, unless the customer has stated otherwise in his order.
In order to place an order, you must first register with optixdirect. Optixdirect will check the prerequisite of the customer's status as an optician and other prerequisites shortly after receipt of the new customer registration and, after a plausibility check, activate the customer for login and orders. In no case does a customer have the right to be activated.
A contract is concluded with optixdirect either through acceptance by optixdirect of the order by the customer or through delivery insofar as optixdirect or its partner companies do not object to acceptance of the order within 48 hours.
3. Conditions and prices
Our prices stated on the website, in catalogues or other documents are in EUR plus the statutory value added tax ex works plus packaging and shipping costs. The list prices valid on the day the order is accepted are authoritative for the order. In the case of spectacle lenses, the price refers to one piece or a pair of round tubular spectacle lenses, depending on the information given for the product. In the case of new lenses, the price refers to the respective service. In the case of spectacle frames, the price refers to one or more frames.
optixdirect charges a flat rate of currently 3.50 EUR for packaging and shipping within Germany. Delivery costs to other countries will be provided on demand. Changes will be notified by email and, if applicable, by other means.
Special conditions shall be agreed between the customer and optixdirect for custom-made products, insofar as these are not stated in the price lists of optixdirect.
Action prices do not apply in combination with other discount or offer prices, unless this has been expressly agreed in writing between the parties.
4. terms of payment
Invoices are to be paid by direct debit (SEPA procedure) or transfer on account, depending on the specifications of optixdirect. Invoices are due and payable within 14 days net without deduction from the invoice date. For payments by SEPA direct debit or payment within 7 days of the invoice date, optixdirect grants a 2% discount on the invoice amount.
If a delay in payment is caused by the Buyer, optixdirect shall be entitled to demand immediate payment of the entire remaining debt. If the Buyer is in default of payment, optixdirect shall be entitled to demand default interest in the amount of five percentage points p.a. above the base rate. If optixdirect or its partner companies are in a position to prove higher default damages, these can also be asserted. The Buyer shall not be entitled to set off his own claims against claims of optixdirect unless such claims have been legally established or are undisputed. If the Buyer cancels an order that has already been placed, the Buyer shall be obliged to reimburse optixdirect for the costs incurred by the processing.
5. Dispatch (also partial deliveries) and transfer of risk
Delivery is ex works. The transfer of risk shall also apply if delivery is made via a delivery service such as Transmed or DHL. The risk shall pass to the Buyer as soon as the consignment has been handed over to the company carrying out the transport or has left optixdirect's warehouse for the purpose of shipment. If shipment becomes impossible through no fault of optixdirect, the risk shall pass to the Buyer upon notification that the goods are ready for shipment. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
Our obligation to deliver shall be subject to the timely and correct delivery of goods to us by our suppliers, unless we are responsible for the incorrect or delayed delivery of goods to us. Partial deliveries are permissible within the stated delivery periods, unless expressly agreed otherwise in the contract.
6. Delivery times and force majeure
Delays in delivery and performance due to force majeure and due to events which significantly impede or render impossible optixdirect's delivery despite exercising all reasonable care, in particular war, sovereign intervention, strikes or other acts of God. Work interruptions at optixdirect or the supplier, fire, shortage of raw materials or energy, traffic congestion and consequences of plant shutdowns for which optixdirect is not responsible shall entitle optixdirect to deliver with corresponding delay. The delivery period shall be extended in accordance with the duration of such events and obstacles. The same shall apply if the impediments to performance listed above existed prior to conclusion of the contract but were unknown to optixdirect. The Buyer shall be informed of the beginning and end of such hindrances to performance as soon as possible.
7. notices of defects
Notices of defects only exist if otpixdirect complies with all instructions and guidelines as well as technical specifications. Upon receipt of the goods by optixdirect, customers are obliged to check them immediately for conformity with the order with regard to type, values, conditions, price and quantity. Deviations or errors or defects must be reported in writing to Customer Service (see Section 11.) within 10 working days of receipt of the goods. The invoice and/or order number and the description of the defect must be provided. All rejected lenses must be returned to Customer Service (see Section 11.) so that a credit note can be issued after verification by recognition of the defect.
After the supplied lenses have been inserted or if the customer has carried out additional treatments on the lenses, scratches can no longer be objected to by optixdirect ürt to the customer’s service (see Section 11.).
Should the number or type not correspond to the information ordered, the customer is obliged to inform optixdirect's customer service (see section 11.) in writing after 5 days.
Replacement, if justified, shall be effected by subsequent improvement or delivery of faultless goods by optixdirect. If defects subject to the warranty obligation cannot be rectified or if further attempts at rectification are unreasonable for the Buyer, the Buyer may demand cancellation of the contract or a reduction in the price from the respective contractual partner instead of rectification. Natural wear and tear and improper treatment shall in any case be excluded from warranty.
The limitation period for defects is 1 year.
In the event of simple negligence on the part of our legal representatives or their vicarious agents or the legal representatives or their vicarious agents of our partner companies, claims for damages shall be excluded, unless they relate to negligence on the part of the principal, the assumption of contractual guarantees or the breach of material contractual obligations.
In the event of culpable breach of material contractual obligations, optixdirect shall also be liable in the event of gross negligence; in the event of slight negligence, liability shall be limited only to reasonably foreseeable damage typical of the contract.
The limitation period for claims for damages shall be 1 year from the date on which the customer became aware of the damage and the obligation to pay compensation on the part of our company optixdirect or must become aware of it without gross negligence. Claims under the Product Liability Act on account of defects and damages shall remain unaffected.
9. retention of title
The products delivered by optixdirect remain the property of the Company until full payment has been received. Without the written consent of optixdirect, the goods may neither be pledged nor pledged as security. Goods that have already been processed are goods subject to retention of title, whereby optixdirect acquires co-ownership of the newly created goods without optixdirect being obligated.
10. Place of jurisdiction, applicable law
The place of jurisdiction for disputes arising from all contractual relationships between the customer and optixdirect shall be the statutory place of jurisdiction or another place of jurisdiction chosen by optixdirect depending on the contractual relationship. For orders placed via the optixdirect webshop, German law shall apply exclusively to the exclusion of the laws on the international sale of movable property, in particular the UN Convention on Contracts for the International Sale of Goods of 01.04.1980, even if the purchaser has its registered office abroad.
The transfer of rights and obligations of the buyer arising from the contract concluded with optixdirect requires the written consent of optixdirect in order to be valid.
Should any provision of these General Terms and Conditions or other agreements with optixdirect be or become invalid, this shall not affect the validity of the other provisions or agreements. The invalid provision or agreement shall be replaced by the statutory provision which comes closest to the invalid provision or agreement in economic terms.
11. Order process, system and address
Orders can be placed via the website after registration www.optix-direct.de via the website. You will receive the access data after completion of your registration by optixdirect.
Status of the General Terms and Conditions: 01.06.2018
Customer service and company address of optixdirect:
Optix Direct UG