GENERAL TERMS AND CONDITIONS

general terms and conditions

Your contract Partner: Michael Pachleitner Group GmbH (henceforth referred to as "MPG" or "we").
Address: Liebenauer Tangente 4, 8041 Graz, Austria
Telephone: +43 (0) 51720 1600
E-Mail address: shop@specteyewear.com
Registration Number: FN 389095z
Commercial Court: LGZ Graz
UID Number: ATU67567359

Applicability of General Terms and Conditions
(1) For all orders you submit via our online shop at www.specteyewear.com, the following terms and conditions apply exclusively in the version valid at the time of your order. Deviating conditions do not apply, unless we expressly agree to them in writing.

(2) MPG concludes contracts only with:
Natural persons of full legal capacity who have reached the age of 18 and reside in Austria, Belgium, Denmark, Germany, Netherlands, Poland, France, Italy, Luxembourg, United Kingdom, Slovakia, Slovenia, Czech Republic, Hungary, Liechtenstein or Monaco as well as with legal entities domiciled in the previously mentioned countries.

(3) By clicking on the checkbox, you confirm that you have read, understood and accepted the Terms and Conditions and that you have expressed your consent to be bound by these Terms and Conditions.

2 Offer and Conclusion of Contract
(1) The contractual partners for the legal transactions carried out in this context are we, the MPG on the one hand, and you, the customer, on the other hand.

(2) The offers on the website www.specteyewear.com are to be understood as non-binding requests to the customer to make us a binding purchase offer.

(3) The following order process represents such an offer of the customer to us.

3 Order Process
(1) To place an order, the customer can either order as a "guest" or - if the customer has already created a customer account - the customer can complete the order via his customer account by entering his LOGIN data (email address + password).

Through the shopping cart, the customer starts the step-by-step process to complete the order process. The selected product needs to be added to the shopping cart by clicking on the button "Add to Cart". In the shopping cart, the customer receives an overview of his selected products according to quantity and price. By clicking on the "Checkbox", the customer confirms that he has read, understood and accepted the Terms and Conditions and further expresses the consent to be bound by these terms and conditions. By clicking on the button "Checkout" the order process will be continued.

First, the customer must provide the following data: e-mail address, first name, last name, company (optional), street and house number, zip code, city, country and telephone number. Then the customer has the possibility to save the aforementioned data in his customer account for the future by clicking on the "Save this information for next time" button. By clicking on "Continue to shipping method", the customer will be able to choose the delivery method including the related delivery costs. Afterwards the customer can determine the desired payment method by clicking on "Continue to payment method". Here the customer can choose between credit card payment, payment via PayPal, purchase on account, direct payment or hire purchase. Finally, the customer's order including the applicable VAT and any delivery costs are summarized. By clicking on the button "Purchase", the obligatory order will be completed and sent to us.

After the transmission of this binding purchase offer to us, the customer receives an e-mail from us about the receipt of his order (order confirmation). This order confirmation does not constitute acceptance of the offer. The purchase order is concluded when the ordered goods are shipped to the customer.
(2) The customer is obliged to complete the fields provided in the order form completely and truthfully. If you make a mistake during the entry process, please contact us immediately with a message to the e-mail address specified in point 14, so that we can react as soon as possible.

4. product availability
If the ordered goods are not available at short time, we will inform you on time. If the goods are permanently not available, no contract is concluded and we will inform you about this as well.

5 Delivery and Shipping costs
(1) We deliver the ordered goods with a parcel service chosen by us to your home address or to a different delivery address specified by you.

(2) Once we have shipped your goods, you will receive a shipping confirmation by e-mail. The risk of loss or damage of the goods passes to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer.

(3) MPG will ship the ordered goods without undue delay, but at the latest in such a timely manner that they will be sent to the customer within 30 days of order. If a shipment within this period is not possible, MPG will inform the customer by e-mail of the expected delivery date and ask the customer to comment on whether he would like to stick to his offer under these conditions. Should the Customer in this case withdraw his offer and do not want to buy the goods, MPG will repay the payments already made to the Customer immediately.

(4) MPG will deliver the goods free of charge.

6 Prices and Payments
(1) All prices quoted by us are gross sales prices. The sales tax is included in the price. Not included are the shipping costs (for the amount of shipping costs see point 5. "Delivery and shipping costs") and any customs and other fees. Any shipping costs are shown separately for each order during the order process. The price quoted by us at the time of your order is binding. Subject to typographical and printing errors.

(2) The delivery of goods, including any shipping costs, are to be paid by the customer directly with the online purchase by credit card (Visa, Mastercard, American Express) and PayPal. When paying by credit card, your account will be charged upon completion of the order. The customer can also choose purchase on account with Klarna or hire purchase with Klarna.

(3) In the event of late payment, the customer is obliged to bear all costs and expenditures that are connected with the collection of the debt (especially costs for collection charges and for an appropriate prosecution of necessary costs) as well as statutory default interest.

(4) We will carry out any reimbursement using the same means of payment as the customer for the initial transaction (i.e. credit note to your credit card or chargeback to your account).

7 Retention of Title
All goods supplied are subject to retention of title and remain the property of MPG until full payment has been received.

8 Right of withdrawal of the consumer
(1) If you are a consumer within the meaning of § 1KSchG, you have the right to revoke the contract within fourteen days without giving reasons. This withdrawal period starts from the day on which you or a third party named by you, other than the carrier, has taken possession of the goods (or if you ordered several goods that were delivered separately, the last goods received).

(2) If the attempted delivery by the carrier fails to the customer and the goods are deposited at a designated place for pick up, the period begins to run from the day on which the customer has the first opportunity to pick up the stored delivery.

(3) In order to exercise your right of withdrawal, you must inform us by means of a clear statement (for example by e-mail or by post) of your decision to cancel the contract. We ask you to use the withdrawal form deposited under the following link https://www.specteyewear.com/policies/refund-policy, but it is not obligatory.

(4) To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right to withdraw before the withdrawal period has expired.

8.1 Effects of withdrawal and process of return
(1) In case of a withdrawal of this contract, we shall reimburse all received payments from you including the shipping costs (except for the additional costs that result from using a different delivery method than the standard shipping method), without undue delay but no later than fourteen days after receiving the notification about the withdrawal. MPG will carry out such reimbursement using the same means of payment as the customer for the initial transaction (i.e. credit note to your credit card or chargeback to your account). There will not incur any fees because of such reimbursement.

(2) Please do not send any items back to us unrequested. Before returning, please notify our customer centre by e-mail under shop@specteyewear.com, stating the reason for the return and products. The customer centre will contact you without undue delay and will carry out an examination. For an original order value above EUR 100, - you will then receive a prepaid RMA certificate (return label) to you use and attach for the return.

(3) Please box the articles you want to return into the original packing or into a suitable box together with all accessories and additional objects and send it back to the following return address: Michael Pachleitner Group GmbH, Liebenauer Tangente 4, 8041 Graz, Austria. If you do not return the entire product including all accessories, a compensation for damages may be claimed.

(4) We have the right to withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.

(5) You shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.2 Exclusion of the right of withdrawal
There is no right of withdrawal:
(a) If the customer is not a consumer within the meaning of the Austrian Consumer Protection Act (KSchG); this means that the concluded contract may be wholly or partially added to the vocational or commercial activity of the customer;

(b) In case of contracts for goods which are individually manufactured to a customer's specification or adapted to meet the personal requirements of the customer;

(c) In the case of contracts for goods that are delivered sealed and are not suitable for return because of reasons for public health or hygiene, under the provision that the seal has been removed after delivery.

9 Warranty
(1) For consumers within the meaning of the Austrian Consumer Protection Act (§1 KSchG), the statutory period of limitations shall apply in case of defective products. The period for the assertion of warranty claims is two years but in the first six months after the products was handed over, MPG has to prove that the defect did not already exist while the item was handed over. From the seventh month, the customer shall bear the burden of proof that the defect already existed when the delivered item was handed over.

(2) If you wish to make any warranty claims, please send us an email to shop@specteyewear.com or contact us by phone under +43 (0) 51720 1600. The service team will take care of your request without undue delay and together we will determine how to proceed further.

(3) Please note that the acceptance of the goods does not constitute an acknowledgment of warranty claims because this requires a separate review. You will be informed about the result of the review within a reasonable time by our service team.

10 Compensation and Liability
(1) Compensation claims have to be claimed within 3 years from knowledge of the damage and of the injuring party. In case of slight negligence, compensation claims are excluded. This does not apply to personal damages.

(2) In addition, MPG is only liable for its own content on the website of the online shop. To the extent that we provide access to other websites by means of web links, we shall not be responsible for any content hosted on such sites. If MPG becomes aware of illegal content on such foreign websites, we will immediately block access to these pages.

11 Privacy policy
Proper and careful handling of your personal data is very important to MPG. For this reason, we strictly adhere to the provisions of the Data Protection Act and all other applicable laws when collecting and using them. Please refer to our Privacy Policy https://www.specteyewear.com/policies/privacy-policy for details on how we collect and use your personal information.
12. Copyright
All image rights of the website belong to our partners or us. Any - including only partial- use of our images is not permitted without our express written consent.

13 Notifications
Hereby the customer agrees to receive various notifications and documents by e-mail. This includes for example, the receipt of order confirmations, shipping confirmations, cancellation confirmations and other notifications.

14 Final Provision
(1) This agreement shall be subject to Austrian law without regard to its conflict of law principles. The United Convention of Contracts for the International Sale of Goods shall not apply.

(2) In case single provisions of the contract with the customer including these terms and conditions are void, this does not affect the validity of the remaining provisions and the contracts based on those provisions.

(3) If you have any questions or complaints, please contact our customer service at +43 (0) 51720/1600 or by e-mail at shop@specteyewear.com.

Updated: November 2018

Here you can download the terms and conditions as PDF.
https://cdn.shopify.com/s/files/1/0031/0077/0374/files/General_Terms_and_Conditions_Spect_Webshop.pdf?5711888204750900520

General Terms and Conditions

Your contractual partner is: Michael Pachleitner Group GmbH (hereinafter referred to as "MPG", "we")
Address: Liebenauer Tangente 4, 8041 Graz, Austria
Phone: +43 (0) 51720 1600
E-mail: shop@specteyewear.com
Company register number: FN 389095z
Company register court: LGZ Graz
UID number: ATU67567359

1. validity
(1) The following General Terms and Conditions in the version valid at the time of your order shall apply exclusively to all orders placed via our online shop at the website www.specteyewear.com. Deviating terms and conditions shall not apply unless we expressly agree to them in writing.

(2) MPG only concludes contracts with
natural persons who are of full legal capacity, have reached the age of 18 and are resident in Austria, Belgium, Denmark, Germany, the Netherlands, Poland, France, Italy, Luxembourg, the United Kingdom, Slovakia, Slovenia, the Czech Republic, Hungary, Liechtenstein or Monaco, as well as with legal entities domiciled in the aforementioned countries.

(3) By clicking on the "checkbox" you confirm that you have read, understood and accepted the General Terms and Conditions and further declare that you agree to these General Terms and Conditions and are bound by them.

2 Offer and conclusion of contract
(1) The contracting parties for the legal transactions carried out within this framework are we, the MPG, on the one hand and you, the customer, on the other.

(2) The offers on the internet pages www.specteyewear.com are to be understood as non-binding invitations to the customer to submit a binding purchase offer to us.

(3) The following order process represents such an offer from the customer to us.

3. ordering process
(1) To place an order, the customer can either order as a "guest" or - if the customer has already created a customer account - the customer can place orders via his account by entering the complete LOGIN data (e-mail - address + password).

Via the shopping cart, the customer begins the step-by-step process to complete the ordering process. The goods are placed in the shopping cart by selecting the respective product by clicking the button "Add to Cart". In the shopping cart the customer gets an overview of his selected products according to quantity and price. By clicking on the "checkbox" the customer confirms that he has read, understood and accepted the GTC and further declares that he agrees with and is bound by these GTC. By clicking on the button "Checkout" the order is continued.

The customer must first provide the following data: E-mail address, first name, last name, company (optional), street and house number, postal code, city, country and telephone number. Then the customer has the possibility to save the aforementioned data for the future in his customer account by clicking on the button "Save this information for next time". By clicking on "Continue to shipping method" the customer will be directed to the selection of the shipping method including the delivery costs incurred. The customer can then select the desired payment method by clicking on "Continue to payment method". Here the customer can choose between credit card payment, payment by PayPal, "purchase on account", "pay immediately" or "instalment purchase". As a result, the customer's order is shown in summary form, including the applicable value added tax and any delivery costs. By clicking the button "Purchase" the obligatory order is completed and sent to us.

(2) The customer is obliged to fill in the fields provided in the order form completely and truthfully. If you make any mistakes when entering the data, please contact us immediately by sending a message to the e-mail address given in point 14. so that we can react as quickly as possible.

4 Availability of goods
If the goods ordered by you are not available at short notice at the time of the order, we will inform you of this in good time. If the goods are permanently unavailable, no contract will be concluded; we will inform you of this in good time.

5 Delivery and shipping costs
(1) We will deliver the goods ordered by you to your door or to a different delivery address specified by you using a parcel service provider selected by us.
(2) As soon as we have dispatched your goods, you will receive a dispatch confirmation by e-mail. The risk of loss or damage to the goods shall pass to the customer as soon as they are delivered to him or to a third party designated by him.
(3) MPG will dispatch the ordered goods without unnecessary delay, at the latest, however, in time for them to be sent to the Customer within 30 days of the order. If a shipment is not possible within this period, MPG shall notify the Customer by e-mail of the expected delivery date and request the Customer to state whether he wishes to adhere to his offer under these conditions. If in this case the Customer withdraws his offer and does not wish to purchase the goods, MPG will immediately refund the payments already made to the Customer.

6 Prices and payment
(1) All prices stated by us are gross sales prices. The price includes the statutory value added tax. Not included are the shipping costs (for the amount of the shipping costs see point 5. "Delivery and shipping costs") and any customs duties and other fees. Any shipping costs will be shown separately for each order during the ordering process. The price stated by us at the time of your order is binding. Subject to typesetting and printing errors.

(2) The delivery of goods including any shipping costs are to be paid by the customer directly during online purchase by credit card (Visa, Mastercard, American Express) and PayPal. If you pay by credit card, your account will be debited when the order is completed. The customer can also choose purchase on account with Klarna or hire purchase with Klarna.

(3) In the event of a delay in payment, the customer is obliged to reimburse all costs associated with the collection of the claim (in particular collection charges and other costs, insofar as these were necessary for the appropriate legal prosecution) as well as statutory default interest.

(4) Any refund of payments made by you will be made in the form of the original payment (i.e. credited to your credit card or charged back to your account).

7. retention of title
The delivered goods remain our property until payment has been made in full.

8. right of withdrawal (right of cancellation) of the consumer
(1) If you are a consumer within the meaning of § 1 KSchG, you have the right to withdraw from the contract within fourteen days without giving any reasons. This withdrawal period runs from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or, in the case of an order for several goods delivered separately, the last goods).

(2) If the attempted delivery by the carrier to the customer fails and the goods are deposited at a place designated for collection, the period shall begin to run from the day on which the customer first has the opportunity to collect the deposited consignment.

(3) To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear declaration (e.g. by e-mail or post). We kindly ask you to use the cancellation form provided under the following link https://www.specteyewear.com/policies/refund-policy, but you are not obliged to do so.
(4) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

8.1 Consequences of revocation and expiry of the return
(1) If you revoke the contract, we shall reimburse all payments we have received from you, including the shipping costs paid by you (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of the contract. The repayment will be made in the form of the original payment (i.e. credit to credit card or chargeback to account). In no case will you be charged any fees because of this repayment.
(2) Please do not return any items to us unsolicited. Before returning the goods, please notify our Customer Center at shop@specteyewear.com by e-mail, stating the reason for the return and the products. The customer center will contact you immediately and carry out an inspection. For an original order value of EUR 100,- or more, you will then receive a prepaid RMA bill (return bill) for the return from us, which you please use and enclose for the return.

(3) The return of the goods must be made in packaging suitable for shipping to the following return address: Michael Pachleitner Group GmbH, Liebenauer Tangente 4, 8041 Graz, Austria. If you do not return the goods in full, including all accessories, compensation may be claimed.

(4) We shall have the right to refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

(5) You shall be liable for any loss of value of the goods if this loss of value is due to handling of the goods which was not necessary for testing the nature, properties and functioning of the goods.

8.2 Exclusion of the right of withdrawal
No right of withdrawal exists
(a) if the customer is not a consumer within the meaning of the Austrian Consumer Protection Act (KSchG); i.e. the contract concluded can be attributed in whole or in part to the customer's professional or commercial activity;

(b) for contracts for goods which are manufactured according to customer specifications or which are clearly tailored to the personal needs of the customer;

(c) in the case of contracts relating to goods delivered under seal and not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery.

9 Warranty
(1) For consumers as defined by § 1 KSchG, the statutory warranty regulations apply. 1 KSchG, the statutory warranty regulations shall apply in the event of defects in the goods. The period for the assertion of warranty claims is 2 years, whereby within the first six months from handover MPG must prove that the defect did not exist at the time of handover; from the seventh month the burden of proof is on the customer.

(2) If you wish to make a warranty claim, please contact us by e-mail at shop@specteyewear.com or call +43 (0) 51720 1600. The service team will deal with your request immediately and determine the further procedure with you.

(3) Please note that the acceptance of the goods does not imply any acknowledgement of warranty claims, but rather requires a separate examination, the results of which will be communicated to you by our service team within a reasonable period of time.

10 Damages and liability
(1) Claims for damages must be asserted within 3 years of knowledge of the damage and the damaging party. Claims for damages in case of slight negligence are excluded. This does not apply to personal injury.

(2) Furthermore, MPG is only liable for its own content on the online shop's website. Insofar as MPG provides access to other websites via links, MPG is not responsible for the external content contained therein. If MPG becomes aware of illegal content on external websites, MPG will immediately block access to these sites.

11 Data protection
The proper and careful handling of your personal data is very important to MPG. Therefore, we strictly adhere to the provisions of the Data Protection Act and all other applicable legal regulations when collecting and using it. For more details on the collection and use of your personal data, please refer to our data protection declaration https://www.specteyewear.com/policies/privacy-policy.

12. image rights
All image rights belong to us or to our partners. The use of pictures, even in part, is not permitted without our express written consent.

13. notifications
The customer hereby agrees to receive various notifications and documents by e-mail. This includes, for example, the receipt of order confirmations, shipping confirmations, cancellation confirmations and the like.

14 Final Provisions
(1) Our business relationship and this contract shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules (IPRG, EVÜ).

(2) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

(3) If you have any questions or complaints, please contact our customer service at +43 (0) 51720 1600 or by e-mail at shop@specteyewear.com.

Status: November 2018

Here you can download the GTC as a PDF:
https://cdn.shopify.com/s/files/1/0031/0077/0374/files/General_Terms_and_Conditions_Spect_Webshop.pdf?5711888204750900520

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GENERAL TERMS AND CONDITIONS

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