General Terms and Conditions

Silhouette Optical Ltd, USA

Version as of 1st of December 2021

The following General Terms and Conditions ("Terms") govern all purchases by customers via the web shop www.silhouette.com ("Webshop"). The Terms include information on your rights and set out the conditions under which Silhouette Optical Ltd. contracts with customers.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

1.1 The contract partner of the purchaser of products through the Webshop (“customers” or “you”) is Silhouette Optical Ltd ("Silhouette" or "we"), 260 Cannon Street, Green Island, NY 12183.

1.2 The sale and delivery of goods via the Webshop shall be carried out exclusively on the basis of these Terms. You may view these Terms before placing an order and may save or print them. To place an order, you must explicitly accept the Terms by checking the box provided for this purpose. By doing so, the Terms become part of the contract and order by mutual agreement. The current version of the Terms can be viewed at any time on our website under Terms & Conditions .

2.1 After entering your data and completing the order by clicking on the button "Confirm order" and accepting the Terms, you will receive a Silhouette nonbinding order confirmation summarizing your order data by e-mail, to which these Terms are also attached. This e-mail is generated automatically and is not to be regarded as a confirmation of the conclusion of the contract. Silhouette confirms the acceptance of the customer's offer by sending a separate e-mail, shipping confirmation or, alternatively, implicitly by sending the goods after the receipt of the order by Silhouette. The product portfolio in the Webshop is therefore not a binding offer to customers but presents a general overview of the products to enable the customer to send a purchase order to Silhouette. The order becomes binding for the customer as soon as it has been sent. Customers may correct their entries at any time before sending an order by using the correction help which is provided and explained in the course of the ordering process.

2.2 You may, under Login / Registration select the option "Create a user account" to create a customer account in order to save your data for future purchases.

2.3 In the customer account you can also view certain information, including information relating to your orders. If you have created a customer account, you can access it at any time by entering your e-mail address and your personalized password. However, a registration is not required. By selecting the option "I want to continue as a guest", you can purchase the desired products without having previously created a customer account.

2.4 The product portfolio available in the Webshop includes sunglasses from the Silhouette collection.

3.1 The payment process is initiated by selecting your preferred payment method. We currently offer payment via credit card and PayPal. We also reserve the right to occasionally or permanently alter payment methods and to refer you to other (common) payment methods.

3.2 When selecting the payment method credit card, you will be asked to submit your credit card details to us. The data will be verified. We will then ask your credit card company to initiate the payment transaction. The credit card company automatically executes the payment transaction via two-factor authentication and your card is debited. The debit takes place after completion of the order.

3.3 PayPal (United States) is an online payment service provider. When selecting the payment method PayPal, you will be redirected away from Silhouette’s website and onto PayPal’s website. Once on PayPayl’s website, you can enter your payment details directly and confirm that you wish to complete the transaction. Please note that you need a PayPal account to use this service and that PayPal will collect your financial information. We have no influence on the collection, use and processing of your (payment) data, and do not have access to the financial information provided to PayPal. By confirming your payment via PayPal, we accept your offer to conclude a contract and the debit takes place after the order has been completed. Please note that your use and sharing of information with PayPal is governed by PayPal’s applicable privacy policy and terms of use, which can be found here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full?locale.x=en_US

4.1 Instructions on returns
Except for any products designated on the Site as non-returnable, Silhouette will accept a return of the products for a refund of your purchase price, provided such return is made within ten (10) days of delivery to you (or a third party indicated by you) and provided such products are returned in their original condition.

To return the goods you must contact our customer service prior to the end of the return period (Silhouette Optical Limited, 260 Cannon Street, Green Island, NY 12183, 1800.223.0180, us.silhouette.service@silhouette-international.com for return authorization. We will verify the transaction and the time of order and ask you for your reason of return; for agreed upon returns we will send you a return label per e-mail.

4.2 Effects of returns
If you make an authorized return, Silhouette will reimburse to you all payments received from you not later than fourteen (14) business days from the day on which we have received the returned products. We will reimburse you using the same means of payment as you used for the initial transaction.

You must return the goods to Silhouette Optical Limited, 260 Cannon Street, Green Island, NY 12183, not later than fourteen (14) days from the day on which our customer service authorized the return. We will pay the shipping cost for authorized returns.

If you receive an order damaged in transit, please notify us as immediately.

The prices shown in the Webshop at the time of ordering do not include sales or use tax which will be added to your order as required by law. There are no fees for shipping regardless of the order value. Prices are in US Dollars.

7.1 We deliver goods ordered via our Webshop only within the United States of America.

7.2 Unless otherwise stated in the item description, the delivery time is approximately two to three (2-3) business days. We typically ship the goods with UPS but may arrive via any common carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.

The risk of loss shall pass to the customer upon delivery to the customer by common carrier.

9.1 Limited Warranty. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

Silhouette warrants that the goods are free from material defects and defects in title (“defect”). The customer is obliged to examine the goods immediately after receipt. Silhouette must be notified of possible defects within 10 days after receipt of the goods (“Warranty Period”), otherwise the goods shall be considered accepted and confirmed and any further warranty claims shall be forfeited. Defects which could not be detected in the course of a due examination must be notified to Silhouette immediately after their discovery.

In the case of defects, the remedies available to the customer are in the sole discretion of Silhouette and include either 1) repair of the defect (“rectification”), or 2) an exchange of the affected goods (“replacement”). Silhouette will also pay for shipping and handling fees to return the repaired or replacement product to you. The product descriptions of the goods in the Webshop are no representations and no guarantees in any other way.

To obtain warranty service, you must call email our Customer Service Department at us.silhouette.service@silhouette-international.com during the Warranty Period.

9.2 Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.1 Your personal data will be processed in accordance with our privacy policy. By agreeing to these terms, you also accept and agree to be bound and abide by our privacy policy, available here: Privacy Policy, which is incorporated herein by reference.

11.1 Communication shall be addressed to Silhouette Optical Limited, 260 Cannon Street, Green Island, NY 12183 Silhouette Optical Limited, service.us@silhouette.com.

11.2 Communications to customers will be sent to the last e-mail address provided.

Our customer service is available from Mon-Fri from 08:00 a.m. to 08:00 p.m. at the following email address: service.us@silhouette.com.

13.1 The laws of the State of New York shall apply to these Terms and all purchases by customers.

13.2 All disputes between Silhouette and you shall be governed by the laws of New York and be adjudicated in the state or federal courts in Albany County, New York and you consent to the exclusive jurisdiction of these courts. YOU AND SILHOUETTE WAIVE ANY RIGHT TO HAVE ANY DISPUTES LITIGATED IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

These Terms, our website terms of use and our privacy policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.