Terms of use Click and Collect

1) Scope of application

  1. These terms and conditions apply to the use of the end customer platform offered online by COBLENS Eyewear GmbH and the use of the „Click and Collect" service. These terms and conditions apply exclusively to the use of the "Click and Collect" platform by private end consumers. For B2B transactions, the general terms and conditions of COBLENS Eyewear GmbH for the business sector apply exclusively.
  2. COBLENS Eyewear GmbH makes the use of the „Click and Collect“ platform and the services offered there subject to acceptance of these terms of use. By visiting the „Click and Collect“ website or using the services offered therein, the respective visitor or user declares their agreement with these terms of use.
  3. COBLENS Eyewear Ltd. enables every user to save or print these terms of use.
  4. COBLENS Eyewear GmbH reserves the right to change these terms of use at any time. The terms of use applicable to the use of the services offered are therefore those valid at the time of visiting the website and/or using the services offered there.

 

2) Services provided by COBLENS Eyewear GmbH

  1. "Click and Collect" is available to all private end consumers and is a non-binding initiation service for purchase contracts for spectacle frames from COBLENS Eyewear GmbH.
  2. The „Click and Collect“ service offers users the opportunity to find out about the spectacle frames manufactured by COBLENS Eyewear GmbH and to initially only initiate the conclusion of purchase contracts. Private end consumers can order up to three spectacle frames first for viewing only select which will be sent to a Click and Collect partner optician of their choice. At the selected Click and Collect partner store, the user can try on the selected frames, receive professional advice and freely decide whether and which frames to purchase from the selected optician.
  3. If the user decides not to purchase the selected spectacle frames, they will not incur any costs.
  4. COBLENS Eyewear GmbH does not guarantee that a purchase agreement will be concluded between the user and the Click and Collect partner optician.
  5. The „Click and Collect“ website offered by COBLENS Eyewear GmbH is merely an internet platform that enables the initiation of a purchase contract directly between the user and the partner optician. COBLENS Eyewear GmbH is solely a technical service provider, not a broker or other intermediary.
  6. COBLENS Eyewear GmbH is not obliged to the user to keep the selected spectacle frames available at the relevant partner optician within a certain period of time. Any information provided on the website regarding whether and in what quantity the spectacle frames are in stock is non-binding.
  7. COBLENS Eyewear GmbH expressly does not offer spectacle frames for purchase via the „Click and Collect“ platform. If the user initiates the conclusion of a purchase contract with a partner optician and/or concludes such a contract, COBLENS Eyewear GmbH does not become a partner in these legal relationships and contracts, nor does it act as a representative or vicarious agent of either party.

3) Contractual relationship between the user and the „Click and Collect“ partner optician

    1. The relevant legal relationships and contracts relating to the purchase of spectacle frames are concluded exclusively between the user and the optician without the legal involvement of COBLENS Eyewear GmbH. The fulfilment of the contract and the handling of service disruptions are therefore also exclusively governed by the contractual relationship between the user and the optician.
    2. The recommended retail price stated on the end customer platform offered online by COBLENS Eyewear GmbH is not the contractually agreed purchase price. Opticians are generally free to set their own prices.

 

4) Technical processing

    1. The user is presented with a selection of various available spectacle frames from the manufacturer COBLENS Eyewear GmbH on the „Click and Collect“ platform.
    2. The user can select up to three pairs of spectacle frames and choose from the list of partner opticians available on the website the one to whose shop the selected frames should be sent for viewing.
    3. In order to place a viewing request, users must enter their personal data, consisting of their first name, surname, email address and telephone number, into the form provided on the website. This data is required for the initiation, conclusion and execution of a purchase contract. Before the data is finally stored, the user is asked whether the personal data they have entered is correct. If this is not the case, the user is given the opportunity to make the necessary corrections. The user is then asked whether they agree to these terms of use. The user undertakes to provide the requested data completely and accurately.
    4. After the user has placed a viewing order via Click and Collect, they will receive a confirmation email from COBLENS Eyewear GmbH confirming their selection and the selected Click and Collect partner optician. This confirmation email only confirms the reservation and does not constitute a binding offer to purchase; the confirmation email does not result in a purchase contract.

 

5) Limitation of liability

    1. COBLENS Eyewear GmbH is liable for damages resulting from culpable injury to life, limb or health. No liability is accepted for other losses or damages unless the damage is caused by gross negligence or wilful misconduct on the part of COBLENS Eyewear GmbH.
    2. COBLENS Eyewear GmbH does not assume any express or implied warranty, guarantee or liability for the accuracy and completeness of the statements and declarations made by a partner optician when concluding a purchase contract, nor for the actual and economic ability of the partner optician to execute and fulfil the contracts concluded with the user.
    3. COBLENS Eyewear GmbH shall not be liable in particular for the timely processing and forwarding of end user data entered via the website, whether due to technical problems, computer malfunctions or other reasons, unless the delay in processing and forwarding is due to gross negligence or wilful misconduct. COBLENS Eyewear GmbH accepts no liability or responsibility for events beyond its control that are caused by force majeure.

 

6) Data protection information

    1. COBLENS Eyewear GmbH relies on collecting, storing, processing and using the user's personal data in order to properly implement the Click and Collect programme. COBLENS Eyewear GmbH will forward this data to the partner optician selected by the user and its vicarious agents. COBLENS Eyewear GmbH forwards the data to the partner optician as the user's messenger, insofar as this is necessary to enable the user and the partner optician to initiate, conclude and execute a purchase contract in accordance with these terms of use.
    2. With regard to the user's personal data referred to in the above provision, COBLENS Eyewear GmbH undertakes to take all measures necessary for data protection in accordance with the applicable data protection regulations, in particular the Federal Data Protection Act and the Telemedia Act. It also guarantees the confidential handling of this data in accordance with the data protection declaration.
    3. COBLENS Eyewear GmbH will ensure that personal data is kept confidential and will not be disclosed to third parties without the user's consent.
    4. COBLENS Eyewear GmbH accepts no liability for the confidentiality and compliance with the relevant legal provisions regarding the user's data by the partner optician.

 

7) Severability clause


Should one or more clauses of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions.

 

8) Contact details COBLENS Eyewear GmbH

COBLENS Eyewear GmbH is available to answer any questions users may have regarding the Click and Collect platform. The contact details are as follows:

COBLENS Eyewear Limited Company
Managing Directors: Nils Kaesemann, Ralf Schmidt
Castle Street 9-11
D-56068 Koblenz
Germany
Telephone: 0261 / 450 991 10
Email: info@coblens.com

 

 

I. Terms and Conditions for Business Customers

1. The following terms and conditions apply to all deliveries and services within the scope of purchase and work contracts, including work delivery contracts (hereinafter referred to as "subject matter of the contract") of COBLENS Eyewear GmbH / COBLENS International GmbH in 56068 Koblenz (hereinafter referred to as "COBLENS") to entrepreneurs within the meaning of the German Civil Code (BGB).

2. They apply exclusively. COBLENS does not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale, unless COBLENS has expressly agreed to their validity in writing. The terms and conditions of sale shall also apply if COBLENS carries out the delivery to the customer without reservation, despite being aware of terms and conditions of the customer that conflict with or deviate from COBLENS' terms and conditions of purchase.

3. The contract is concluded subject to correct and timely delivery by suppliers. This only applies in cases where COBLENS is not responsible for the non-delivery, in particular when a congruent covering transaction has been concluded with the supplier.

II. Prices

1. All prices are quoted in EURO from Koblenz as unit prices for frames plus statutory value added tax or excluding VAT for transactions with COBLENS International GmbH.
Discounts will only be granted with the express confirmation of COBLENS.

2. COBLENS reserves the right to adjust prices appropriately if, after conclusion of the contract, cost reductions or cost increases occur, in particular due to wage agreements or changes in material prices. These will be proven to the customer upon request.

3. Shipping, packaging and transport costs are calculated proportionally depending on the size of the shipment and the country. The exact conditions can be requested from COBLENS at any time.

III. Terms of payment

1. Invoices will be issued upon dispatch of goods.

2. Unless otherwise agreed, all payments must be made within 14 days of the invoice date. If direct debit has been authorised, payments are due immediately and COBLENS grants a 3% discount. If the direct debit is not honoured, the invoices are due immediately and the discount according to sentence 2 is forfeited.

3. The statutory provisions regarding the consequences and rights relating to late payment shall apply.

4. Money orders, cheques and bills of exchange shall only be accepted by special agreement and only on account of payment, with all collection and discount charges being charged.

5. Travelling sales representatives, agents or other persons working in the field are not authorised to accept payments, cheques, bills of exchange or similar items without written authorisation from COBLENS.

6. If the client falls behind with their payment obligations, suspends payments or fails to honour a bill of exchange or cheque, or if COBLENS becomes aware of other circumstances that call into question the client's creditworthiness, the entire remaining debt shall become due, even if bills of exchange with a later maturity date are outstanding or other deferral agreements have been made. The client shall be notified of this in a separate letter. In this case, COBLENS shall not be obliged to make further deliveries unless the client offers cash payments against delivery. This shall not apply if the customer is not responsible for the circumstances.

7. The customer shall only be entitled to set-off rights if their counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, COBLENS shall be entitled to exercise its right of retention insofar as its counterclaim is based on the same contractual relationship.

IV. Delivery and delay in delivery

1. The delivery of the individual versions shall be made in accordance with the delivery times specified on the Internet. The date of receipt of the written order shall be decisive in this respect. Any other delivery dates must be specified in writing. In addition to the written order, the start of the delivery period also requires the clarification of all technical questions. If subsequent changes to the contract are agreed, a new delivery date must be agreed at the same time if necessary. Compliance with the delivery obligation also requires the timely and proper fulfilment of the customer's obligations. The right to raise the defence of non-performance of the contract is reserved.

2. If a delivery date is exceeded, the client may request COBLENS in writing to deliver within a reasonable period of time, which must be at least 14 days, stating that it will refuse to accept the subject matter of the contract after the expiry of this period. In the event of delay, the client may, in addition to delivery, demand compensation for any damage caused by the delay; in the event of slight negligence on the part of COBLENS, this claim shall be limited to 0.5% of the contract price per calendar week or part thereof, up to a maximum of 5% of the agreed contract price. After the grace period has expired without success, the client shall be entitled to withdraw from the contract by written declaration and to demand compensation instead of performance; in the event of slight negligence, this shall be limited to a maximum of 20% of the agreed purchase price. If, during the delay in delivery, delivery becomes impossible for COBLENS due to unforeseen circumstances, COBLENS shall nevertheless be liable in accordance with the above provisions, unless the damage would also have occurred if delivery had been made on time.

3. COBLENS shall immediately inform the customer of the unavailability of the service. The consideration shall be refunded immediately. In the event of impossibility, the statutory provisions shall apply.

V. Transfer of risk and acceptance

1. Unless otherwise stated in the order confirmation, delivery shall be made „ex Koblenz“.

2. The risk of accidental loss and accidental deterioration of the contractual item shall pass to the client upon handover or, in the case of sale by delivery to a place other than the place of performance, upon delivery of the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

3. Delivery shall be deemed to have taken place if the client is in default of acceptance.

4. The client must give COBLENS the opportunity to verify the validity of a complaint. The client is also obliged to make the rejected delivery available to COBLENS immediately upon request.

VI. Retention of title

1. The delivered goods remain the property of COBLENS until all claims of COBLENS arising from ongoing business relationships with the client have been settled. The retention of title also applies to all claims that COBLENS subsequently acquires against the client in connection with the delivery of goods, e.g. through supplementary deliveries or other services.

2. At the request of the client, COBLENS is obliged to waive its retention of title if and to the extent that the client has fulfilled all claims relating to the delivery and there is otherwise adequate security for the remaining claims arising from the ongoing business relationship. In addition, in the event of over-collateralisation by more than 10 %, COBLENS is obliged to release some of the collateral, taking into account the interests of the client.

3. The client is entitled to resell the goods in the ordinary course of business; however, the client hereby assigns to COBLENS all claims in the amount of the agreed purchase price accruing to the client from the resale, irrespective of whether the goods are resold without or after processing. The client is authorised to collect these claims after their assignment. COBLENS undertakes not to collect the claims as long as the client duly meets its payment obligations and is not in default of payment. Otherwise, COBLENS may demand that the customer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors (third parties) of the assignment.

4. The processing or transformation of the goods by the customer shall always be carried out on behalf of COBLENS. If the delivery items are processed with other items not belonging to COBLENS, COBLENS shall acquire co-ownership of the new item in proportion to the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items not belonging to COBLENS, COBLENS shall acquire co-ownership of the new item in proportion to the value of the delivery items to the other mixed items. The client shall hold the co-ownership in safekeeping for COBLENS.

5. As long as the retention of title exists, any sale, pledging, transfer by way of security, leasing or other transfer or alteration of the delivery items that could impair COBLENS' security interests is only permitted with the prior written consent of COBLENS.

6. In the event of access by third parties, in particular in the event of seizure of the goods delivery, the client must notify COBLENS immediately in writing and inform the third party immediately of COBLENS' retention of title.

7. The client is obliged to keep the goods in proper condition and to store them during the period of retention of title in such a way that damage is avoided as far as possible.

8. COBLENS shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the client, in particular in the event of default in payment or breach of an obligation under Section VII.

VII. Warranty

1. Information and specifications in descriptions and brochures valid at the time of conclusion of the contract regarding the appearance, performance, dimensions, colour and properties, etc. of the subject matter of the contract are part of the contract. They are not warranted properties, but serve as a benchmark for determining whether the subject matter of the contract is free of defects, unless an express warranty or guarantee of quality has been given. This also applies to special specifications. If there is a defect in the subject matter of the contract for which COBLENS is responsible, COBLENS shall be entitled, at its own discretion, to make a replacement delivery or to issue a corresponding credit note. If COBLENS' subsequent performance fails, is unreasonable for the client, or if COBLENS informs the client within 14 days of receiving the notice of defect that it will not perform subsequent performance, the client may – without prejudice to any claims for damages – withdraw from the contract or reduce the contract price. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the client shall not be entitled to withdraw from the contract. If COBLENS chooses to issue a credit note, any additional claims of the client shall remain unaffected.

3. If the client chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claims for damages due to the defect. This shall only apply insofar as liability can be effectively excluded in accordance with IX. If the client chooses compensation after subsequent performance has failed, the goods shall remain with the client if this is reasonable. The compensation shall be limited to the difference between the contract price and the value of the defective item. This shall not apply if COBLENS has caused the breach of contract maliciously.

4. Warranty obligations shall not apply if the defect or damage arose because the client failed to report a defect or have it recorded, failed to give us the opportunity to remedy the defect immediately despite being requested to do so, handled the delivery improperly, modified the goods in a manner not approved by COBLENS, or failed to comply with the instructions for handling and caring for the goods (e.g. instructions).

5. The client bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects in accordance with Section VI.

6. Natural wear and tear is excluded from the warranty. Defects in part of the delivered goods do not entitle the customer to reject the entire delivery, unless the partial delivery is of no interest to the customer.

7. Specifications and deliveries (including data carriers and data transfers) from the client or a third party engaged by the client are not subject to any obligation of inspection on the part of COBLENS. This does not apply to data or specifications that are obviously unprocessable or unreadable or that are obviously faulty. In the case of data transfers, the client must use state-of-the-art virus protection programmes before sending the data. COBLENS does not back up data, but COBLENS is entitled to make a copy of the data and store it confidentially.

8. Furthermore, the manufacturer's product description shall be deemed to have been agreed as the quality of the goods, without this constituting a guarantee of quality. Public statements, promotions or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

9. Manufacturer warranties remain unaffected by this.

10. COBLENS shall only be liable for deviations in the quality of the material used up to the amount of COBLENS' own claims against the material supplier.

11. Used contractual items shall be delivered and sold in deviation from the above provisions, excluding any warranty for material defects.

12. Claims for defects by the customer presuppose that the customer has duly fulfilled its obligations to inspect and give notice of defects in accordance with §377 HGB (German Commercial Code).

VIII. Liability

1. COBLENS shall be liable for damages – regardless of the legal basis – if COBLENS, its legal representatives or vicarious agents have caused them intentionally or through gross negligence. In cases of slight negligence, liability is excluded subject to clauses 3 and 4.

2. Subject to clauses 3 and 4, the personal liability of COBLENS' legal representatives, vicarious agents and employees for damage caused by them through slight negligence is also excluded.

3. The above limitations of liability shall not apply in the event of liability due to intent, gross negligence, assumed warranty, assumed procurement risk, injury to life, limb or health, or breach of essential contractual obligations. Essential contractual obligations are those obligations whose breach leads to a claim for damages in lieu of performance in accordance with Sections 280, 281, 283 or 311a of the German Civil Code (BGB).

4. Claims for damages by the client against us or our employees due to breach of essential contractual obligations are limited to the foreseeable damage typical for this type of contract, unless liability exists due to intent, gross negligence, assumed guarantee, assumed procurement risk or injury to life, limb or health. The above provisions do not imply a change in the burden of proof to the detriment of the client.

5. In the event of a delay in delivery, the lump-sum damages specified in Section V above shall also apply.

6. If COBLENS is liable under the Product Liability Act for property damage or personal injury caused by a product defect, the provisions of the Product Liability Act shall take precedence. The above provisions shall remain applicable for internal compensation pursuant to Section 5, sentence 2 of the Product Liability Act.

7. The client is solely responsible for complying with statutory, official and trade association regulations when using the goods/services.

XI. Limitation period for warranty and compensation claims; exclusion period

1. Warranty and damage claims expire after one year. This does not apply if COBLENS is guilty of fraudulent intent or gross negligence in accordance with Section 479 (1) (right of recourse), or in the event of physical injury, damage to health or loss of life attributable to COBLENS.

2. If claims for damages are asserted, they must be asserted by way of legal action within four months of written rejection by COBLENS. Any later assertion is excluded, unless proceedings to preserve evidence have been initiated.

XII. Ancillary provisions

1. German law shall apply exclusively, excluding the laws governing the international sale of movable goods, even if the client's registered office is located abroad.

2. The place of performance for delivery is the COBLENS factory. The place of performance for payment is the COBLENS registered office.

3. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with registered traders, including bills of exchange and cheque claims, is Koblenz.

4. The same place of jurisdiction shall apply if the client does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode outside Germany after conclusion of the contract, or if his place of residence or habitual abode is unknown at the time the action is brought.

5. The invalidity of one or more provisions shall not affect the validity of the remaining provisions. Should any provision in these terms and conditions be or become invalid, or should a loophole become apparent, an appropriate provision shall apply which, within the limits of what is legally possible, comes closest to what the parties intended or would have intended had they considered the matter.