Terms and conditions
General Terms and conditions with customer information
1. Scope2. Contract partner
3. Offer and contract conclusion
4. Right of revocation
5. Transfer cost agreement in exercising the right of revocation
6. Delivery
7. Reservation of ownership
8. Prices and shipping costs
9. Payment
10. Warranty
11. Complaints
12. The contractual language
13. Text storage contract
14. Reservation of self delivery
15. Applicable Law
16. Court of jurisdiction agreement
17. Salvatorian clause
18. Return of batteries / rechargeable batteries
19. Notice about the sale, return and environmentally friendly disposal of electrical and electronic equipment
20. Complaints
The following general terms and conditions contain also the legally required information about your rights under the rules on distance selling contracts and in e- commerce.
1. Scope
(1) The following general terms and conditions apply to all deliveries of Procara Vision GmbH & Co. KG with the sale to entrepreneur and consumers on this Internet shop.
(2) Within the scope of § 14 BGB, entrepreneurs is a natural or legal person or a legal partnership, who concludes a legal business in the exercise of his commercial or or independent professional activity.
(3) Within the scope of § 13 BGB, consumer is any natural person who enters into a legal business for a purpose that can be attributed neither to his commercial nor his independent professional activity.
2. Contract partner
You enter into contracts with:
ProCara Vision GmbH & Co. KG
Gottlieb-Daimler-Str. 7
65614 Beselich
E-Mail: service@goodlens.com
Telephone in Germany: +49 (0) 6484 892 70 76
Monday to friday 09am to 05pm
3. Offer and contract conclusion
(1) The offers are a non-binding invitation to the customer to order goods in the online shop. By ordering the desired goods, the buyer submits a binding offer to conclude a purchase contract. The contract is concluded by the acceptance of the offer by the seller, by sending an order confirmation within 48 hours. Otherwise, the offer is deemed rejected.
(2) Once you have found the desired product, you can place this without obligations into the goods basket by clicking on the button [to the goods basket]. You can view anytime without obligation the contents of your goods basket by clicking the goods basket at the upper area of the web page. You can remove the products in the goods basket from your goods basket by pressing the [Remove] button. If you want to buy the products in the goods basket, click on the [to the cash] button. Then please login or sign up by entering your personal data. Mandatory fields are marked with a red [*]. Before any further step, check your entries to detect errors. You can correct this by re-entering or new selection. The items you have selected as well as the cost and their composition are displayed at the end of the order process. By pressing the [edit] button during the respective listed ordering step, you can also check your previous details again and correct if necessary.
(3) By clicking on the button [Buy now mandatory], you specifying a binding declaration of intent in the form of an offer to conclude a purchase contract. The process can be aborted until that time at any time by closing the browser window.
4. Revocation right
(1) Information about the right of revocation
Consumer within the scope of § 13 BGB has a right of revocation. Consumer is any natural person who enters into a legal business for a purpose that can be attributed neither to his commercial nor his independent professional activity.
Revocation instruction for consumers
Right of revocation
You can cancel your contractual statement within 14 days without giving reasons in written form (for example, letter, fax, e-Mail) or also by returning the goods if the goods are entrusted to you before the deadline. The time limit begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilling our information obligations in accordance with article 246 § 2 in conjunction with § 1 para 1 and 2 of EGBGB, as well as our obligations in accordance with § 312 g para 1 sentence 1 of BGB in conjunction with article 246 § 3 of EGBGB. The timely dispatch of the revocation or the goods is sufficient for protection / safeguarding the revocation period. The revocation must be sent / addressed to:
Digero Logistikzentrum
goodlens.de
Gottlieb-Daimler-Straße 7
65614 Beselich
Germany
service@goodlens.de
Consequences of revocation
In case of an effective cancellation, the mutually received benefits are to be returned and if necessary any benefits ( eg interest ) are to be surrendered. If you can not completely or partially surrender the received benefits as well as uses (eg benefits of use), or return them only in a deteriorated condition, you have to pay us compensation. For the deterioration of the product and for derived benefits, you must pay compensation only to the extent of the usage or deterioration due to the handling of the item, which extends beyond testing the properties and functioning. By "testing the properties and functioning", one understands the testing and evaluation of the respective goods, as it is possible and customary in a retail store. Transportable / shippable goods are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed an amount of 40 euro or if you have not provided any thing in exchange or a contractually agreed partial payment at a higher price of the thing at the time of the revocation. Otherwise, the return is free for you. Not transportable / shippable goods are fetched by you. Obligations for refunding of payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of the revocation or the goods, for us with their reception.
-- End of the revocation instruction –
Exception: The right of revocation / cancellation does not apply to delivery of goods, which have been manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for a return due to their nature. (2) Non-binding Notice in case of revocation
Please do not send the goods back to us unpaid. We will reimburse also the shipping costs gladly on request, provided they are not borne by you.
5. Transfer cost agreement in exercising the right of revocation
The customer has a right of revocation, so the regular costs of return are imposed on him by exercising the right of revocation, if the price of the returned goods does not exceed an amount of 40 Euro or if the customer has not provided any thing in exchange or a contractually agreed partial payment at a higher price of the thing at the time of the revocation unless the delivered goods do not correspond to the ordered one. In all other cases, the seller bears the cost of returning.
6. Delivery time
We deliver your goods within 2-6 days after ordering or with the advance payment method accordingly after the receipt of payment enroute. Sundays and public holidays are taken into account. Unforeseeable problems of the appointed shipping company are excluded from us, thus the delivery reaches you in 3-7 business days. Delivery times in individual cases differ, this is shown on the respective product page. Sice we can never completely exclude error of the deliveryman in exceptional cases, the shipping time is, therefore, an approximate indication. If the goods do not reach you in time specified by us due to an unforeseen delay at the designated shipping company, we ask for immediate message, so that we can investigate the contracted shipper in this regard. The specified delivery times are for domestic shipments. The shipments to foreign countries, if offered, may take 3-4 more working days.
7. Reservation of ownership
Applies to consumer: The goods you have purchased remain our property until full payment.
Applies to entrepreneurs: The goods you have purchased remain our property until full payment of all claims of the business relationship.
8. Prices and shipping costs
(1) The prices mentioned on the product pages are final and include the legal value added tax (VAT).
(2) For the amount of the shipping cost, please refer to remarks for delivery and shipping in the lower left side of our shop page (shipping information) . We ship only to the countries listed therein.
(3) If a shipping outside the EU is offered, we point out that additional duties, taxes and charges may apply, which are to be born by the customer and are payable to the relevant customs and tax authorities. Please check the details with the competent customs and tax authorities before placing an order. Information can be obtained, for example, at:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/c ustoms_tariff/index_de.htm
(4) The shipment occurs in accordance with the the legal regulations by the consumer goods purchase at our risk. If the buyer is an entrepreneur, the risk of transportation passes on to him as soon as the goods are delivered to the transportation company.
(5) If the buyer is responsible for the non-delivery of a consignment, he has to bear the additional costs thus incurred. Shipments are returned as undeliverable, if no person authorized to receive is found and the collection period has fruitlessly elapsed, it is refused by the recipient or authorized receiving agent or the recipient at the address indicated by him cannot be determined. The prevention of the delivery of an existing unit (for example sealing/throw-in ban at the house letter or package box), the refusal to pay the cash on delivery amount / cash on delivery costs (provided the cash on delivery payment method was offered and chosen by the customer) or the refusal to submit acknowledgment of the receipt is considered as a refusal of acceptance.
9. Payment
(1) Payment occurs either by paypal, credit card or by invoice. The data required for the payment is communicated after order.
(2) On payment by credit card, the amount is debited from your account immediately after order confirmation.
10. Warranty
(1) On sale to consumers, the legal warranty period of 2 years at handing over to the buyer applies on new goods.
The warranty period against consumer for used goods is one year and begins with the date of delivery of the goods. The shortening of the warranty period to one year does not apply if the compensation obligation to a body or health damage is supported because of the fault of the seller or intentional conduct or gross negligence of the seller or his vicarious agents. Without prejudice to this, the seller is liable under the Product Liability Act.
(2) Applies with the sale to entrepreneurs: the warranty period is one year for new gods, 6 months for used goods, and begins from the date of delivery of the item. The rights of the entrepreneur from §§ 478, 479 shall remain unaffected. The shortening of the warranty period to one year does not apply if the compensation obligation to a body or health damage is supported because of the fault of the seller or intentional conduct or gross negligence of the seller or his vicarious agents. Without prejudice to this, the seller is liable under the Product Liability Act.
11. Complaints
If the customer is a merchant i.S.d HGB, he has to inform us defects / deficiencies immediately, but not later than one week after receipt of the goods. Defects, that can not be detected by a thorough examination within this period, must be notified in writing immediately after discovery.
12. Contractual language
The contractual language is German.
13. Text storage contract
The text of the contract is not stored by us. You can secure it by securing the offer using the print function of our shop or your browser by printing out. You would have to make arrangements for the retention of the text of the contract in reproducible form (for example by screenshot of the relevant offer or converting the contract text in pdf-format).
14. Reservation of own delivery
If the delivery problems occur despite a covering transaction, for which we are not responsible, we reserve a right of withdrawal. You will be informed about this immediately and we suggest, if necessary, delivery of a comparable product. If no comparable product is available or you do not want the delivery of a comparable product, we will immediately refund the services provided by you so far.
15. Applicable Law
Applies to entrepreneurs: the concluded purchase contracts are subject to the substantive law of the Federal Republic of Germany under exclusion of the UN purchase right.
16. Court of jurisdiction agreement
If the purchaser is a businessman, legal person of the public right or public legal special assets, Bochum is deemed agreed as the place of jurisdiction.
17. Salvatorian clause
If one of the preceding provisions is invalid completely or partially on the basis of statutory provisions, regulations or changes in the law, all other provisions hereof shall remain unaffected and shall continue to apply in full.
18. Return of batteries / rechargeable batteries
Hg, Cd, Pb
With some of our goods, batteries are included in scope of delivery. Used batteries and rechargeable batteries do not belong to the household waste. You are obliged to dispose of exhausted batteries and rechargeable batteries exclusively via trade or the specially differentiated waste collection centre (statutory obligation of return). Retailers and manufacturers are obliged to take back these batteries free of charge and to properly recycle or dispose of (legal obligation of redemption) as hazardous waste. You can return them after use free of charge in a municipal collection point or in the trade on the spot. If you wish to return the batteries and rechargeable batteries to us, you can send these back postpaid to us. To avoid unnecessary costs to us, we request you to post the sufficient shipment. You will then receive back the postage cost from us.
Batteries are provided with a mark consisting of a crossed out waste bin. With the batteries, which contain more than 0.0005% of mercury, more than 0.002% of cadmium or more than 0.004% of lead, the relevant chemical symbol, Hg (mercury), CD (cadmium) or Pb (lead) is present under the dustbin symbol.
19. Notice about the sale, return and environmentally friendly disposal of electrical and electronic equipment
Manufacturer must take back old electrical appliances free of charge put into the market since August 13, 2005. The manufacturer must label their electrical and electronics equipment with a symbol (crossed out waste bin on wheels) which have been marketed after 23 November 2005.
Such appliances must not be disposed of as unsorted municipal waste but must be collected separately and disposed of at a local collection and return systems. According to the "ElektroG" Act of 23 March 2005, we sell only electrical and electronic equipment of manufacturers, which have registered accordingly with the competent authority and can prove an insolvency-safe guarantee for financing the taking back and disposal of electrical equipment.
20. Complaints
The EU Commission is providing an online platform for out-of-court disputes. This allows consumers to resolve disputes related to online ordering without the involvement of a court. The following is the link to the European Commission's online dispute resolution platform (OS): http://ec.europa.eu/consumers/odr/
For general consumer problems is responsible the General Consumer Compensation Center of the Center for Conciliation, which can be reached at https://www.verbraucher-schlichter.de or at at following address: Straßburger Straße 8, 77694 Kehl am Rhein. However, we point out that we are neither willing or obliged to participate in the dispute settlement procedure.
Gottlieb-Daimler-Straße 7
65614 Beselich
Germany
service@goodlens.de
Consequences of revocation
In case of an effective cancellation, the mutually received benefits are to be returned and if necessary any benefits ( eg interest ) are to be surrendered. If you can not completely or partially surrender the received benefits as well as uses (eg benefits of use), or return them only in a deteriorated condition, you have to pay us compensation. For the deterioration of the product and for derived benefits, you must pay compensation only to the extent of the usage or deterioration due to the handling of the item, which extends beyond testing the properties and functioning. By "testing the properties and functioning", one understands the testing and evaluation of the respective goods, as it is possible and customary in a retail store. Transportable / shippable goods are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed an amount of 40 euro or if you have not provided any thing in exchange or a contractually agreed partial payment at a higher price of the thing at the time of the revocation. Otherwise, the return is free for you. Not transportable / shippable goods are fetched by you. Obligations for refunding of payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of the revocation or the goods, for us with their reception.
-- End of the revocation instruction –
Exception: The right of revocation / cancellation does not apply to delivery of goods, which have been manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for a return due to their nature. (2) Non-binding Notice in case of revocation
Please do not send the goods back to us unpaid. We will reimburse also the shipping costs gladly on request, provided they are not borne by you.
5. Transfer cost agreement in exercising the right of revocation
The customer has a right of revocation, so the regular costs of return are imposed on him by exercising the right of revocation, if the price of the returned goods does not exceed an amount of 40 Euro or if the customer has not provided any thing in exchange or a contractually agreed partial payment at a higher price of the thing at the time of the revocation unless the delivered goods do not correspond to the ordered one. In all other cases, the seller bears the cost of returning.
6. Delivery time
We deliver your goods within 2-6 days after ordering or with the advance payment method accordingly after the receipt of payment enroute. Sundays and public holidays are taken into account. Unforeseeable problems of the appointed shipping company are excluded from us, thus the delivery reaches you in 3-7 business days. Delivery times in individual cases differ, this is shown on the respective product page. Sice we can never completely exclude error of the deliveryman in exceptional cases, the shipping time is, therefore, an approximate indication. If the goods do not reach you in time specified by us due to an unforeseen delay at the designated shipping company, we ask for immediate message, so that we can investigate the contracted shipper in this regard. The specified delivery times are for domestic shipments. The shipments to foreign countries, if offered, may take 3-4 more working days.
7. Reservation of ownership
Applies to consumer: The goods you have purchased remain our property until full payment.
Applies to entrepreneurs: The goods you have purchased remain our property until full payment of all claims of the business relationship.
8. Prices and shipping costs
(1) The prices mentioned on the product pages are final and include the legal value added tax (VAT).
(2) For the amount of the shipping cost, please refer to remarks for delivery and shipping in the lower left side of our shop page (shipping information) . We ship only to the countries listed therein.
(3) If a shipping outside the EU is offered, we point out that additional duties, taxes and charges may apply, which are to be born by the customer and are payable to the relevant customs and tax authorities. Please check the details with the competent customs and tax authorities before placing an order. Information can be obtained, for example, at:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/c ustoms_tariff/index_de.htm
(4) The shipment occurs in accordance with the the legal regulations by the consumer goods purchase at our risk. If the buyer is an entrepreneur, the risk of transportation passes on to him as soon as the goods are delivered to the transportation company.
(5) If the buyer is responsible for the non-delivery of a consignment, he has to bear the additional costs thus incurred. Shipments are returned as undeliverable, if no person authorized to receive is found and the collection period has fruitlessly elapsed, it is refused by the recipient or authorized receiving agent or the recipient at the address indicated by him cannot be determined. The prevention of the delivery of an existing unit (for example sealing/throw-in ban at the house letter or package box), the refusal to pay the cash on delivery amount / cash on delivery costs (provided the cash on delivery payment method was offered and chosen by the customer) or the refusal to submit acknowledgment of the receipt is considered as a refusal of acceptance.
9. Payment
(1) Payment occurs either by paypal, credit card or by invoice. The data required for the payment is communicated after order.
(2) On payment by credit card, the amount is debited from your account immediately after order confirmation.
10. Warranty
(1) On sale to consumers, the legal warranty period of 2 years at handing over to the buyer applies on new goods.
The warranty period against consumer for used goods is one year and begins with the date of delivery of the goods. The shortening of the warranty period to one year does not apply if the compensation obligation to a body or health damage is supported because of the fault of the seller or intentional conduct or gross negligence of the seller or his vicarious agents. Without prejudice to this, the seller is liable under the Product Liability Act.
(2) Applies with the sale to entrepreneurs: the warranty period is one year for new gods, 6 months for used goods, and begins from the date of delivery of the item. The rights of the entrepreneur from §§ 478, 479 shall remain unaffected. The shortening of the warranty period to one year does not apply if the compensation obligation to a body or health damage is supported because of the fault of the seller or intentional conduct or gross negligence of the seller or his vicarious agents. Without prejudice to this, the seller is liable under the Product Liability Act.
11. Complaints
If the customer is a merchant i.S.d HGB, he has to inform us defects / deficiencies immediately, but not later than one week after receipt of the goods. Defects, that can not be detected by a thorough examination within this period, must be notified in writing immediately after discovery.
12. Contractual language
The contractual language is German.
13. Text storage contract
The text of the contract is not stored by us. You can secure it by securing the offer using the print function of our shop or your browser by printing out. You would have to make arrangements for the retention of the text of the contract in reproducible form (for example by screenshot of the relevant offer or converting the contract text in pdf-format).
14. Reservation of own delivery
If the delivery problems occur despite a covering transaction, for which we are not responsible, we reserve a right of withdrawal. You will be informed about this immediately and we suggest, if necessary, delivery of a comparable product. If no comparable product is available or you do not want the delivery of a comparable product, we will immediately refund the services provided by you so far.
15. Applicable Law
Applies to entrepreneurs: the concluded purchase contracts are subject to the substantive law of the Federal Republic of Germany under exclusion of the UN purchase right.
16. Court of jurisdiction agreement
If the purchaser is a businessman, legal person of the public right or public legal special assets, Bochum is deemed agreed as the place of jurisdiction.
17. Salvatorian clause
If one of the preceding provisions is invalid completely or partially on the basis of statutory provisions, regulations or changes in the law, all other provisions hereof shall remain unaffected and shall continue to apply in full.
18. Return of batteries / rechargeable batteries
Hg, Cd, Pb
With some of our goods, batteries are included in scope of delivery. Used batteries and rechargeable batteries do not belong to the household waste. You are obliged to dispose of exhausted batteries and rechargeable batteries exclusively via trade or the specially differentiated waste collection centre (statutory obligation of return). Retailers and manufacturers are obliged to take back these batteries free of charge and to properly recycle or dispose of (legal obligation of redemption) as hazardous waste. You can return them after use free of charge in a municipal collection point or in the trade on the spot. If you wish to return the batteries and rechargeable batteries to us, you can send these back postpaid to us. To avoid unnecessary costs to us, we request you to post the sufficient shipment. You will then receive back the postage cost from us.
Batteries are provided with a mark consisting of a crossed out waste bin. With the batteries, which contain more than 0.0005% of mercury, more than 0.002% of cadmium or more than 0.004% of lead, the relevant chemical symbol, Hg (mercury), CD (cadmium) or Pb (lead) is present under the dustbin symbol.
19. Notice about the sale, return and environmentally friendly disposal of electrical and electronic equipment
Manufacturer must take back old electrical appliances free of charge put into the market since August 13, 2005. The manufacturer must label their electrical and electronics equipment with a symbol (crossed out waste bin on wheels) which have been marketed after 23 November 2005.
Such appliances must not be disposed of as unsorted municipal waste but must be collected separately and disposed of at a local collection and return systems. According to the "ElektroG" Act of 23 March 2005, we sell only electrical and electronic equipment of manufacturers, which have registered accordingly with the competent authority and can prove an insolvency-safe guarantee for financing the taking back and disposal of electrical equipment.
20. Complaints
The EU Commission is providing an online platform for out-of-court disputes. This allows consumers to resolve disputes related to online ordering without the involvement of a court. The following is the link to the European Commission's online dispute resolution platform (OS): http://ec.europa.eu/consumers/odr/
For general consumer problems is responsible the General Consumer Compensation Center of the Center for Conciliation, which can be reached at https://www.verbraucher-schlichter.de or at at following address: Straßburger Straße 8, 77694 Kehl am Rhein. However, we point out that we are neither willing or obliged to participate in the dispute settlement procedure.