§ 1 Scope, Contracting Parties

(1) These General Terms and Conditions ("Terms") apply to all contracts for the purchase and delivery of goods that you, as a customer, conclude with Edeloptics GmbH, Straßenbahnring 19a, 20251 Hamburg, Germany ("we", "us") via our online shop. The version published at the time of your order applies.
(2) These Terms apply to consumers and – subject to the provisions of § 15 – to traders. A "consumer" is any natural person acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession; a "trader" is any person acting for purposes relating to their trade, business, craft or profession.
(3) Diverging terms of the customer do not become part of the contract unless we have expressly agreed to their application in text form.

§ 2 Offer, Order Process and Conclusion of Contract

(1) The presentation of products in our online shop does not constitute a binding offer but a non-binding invitation to you to submit an order (invitation to treat).
(2) During the order process you place goods in the shopping basket, proceed via "go to checkout" to the ordering procedure, enter your details or log in to your customer account, choose the payment and shipping method and may enter a voucher/discount code. Before submitting the order, all your entries are displayed in an order summary for you to check; you can correct input errors there.
(3) By clicking the button that completes the order process you submit your order. With your order you confirm that you have full legal capacity to contract or that the consent of your legal representative has been obtained.
(4) Immediately afterwards you will receive an automatic acknowledgement of receipt by e-mail. This acknowledgement does not yet constitute acceptance.
(5) By submitting your order you make an offer to conclude a contract of sale. The contract is formed only when we accept that offer; acceptance takes place by a separate order confirmation sent by e-mail or by dispatch of the ordered goods. We are not obliged to accept orders and may decline acceptance for objective reasons (see § 14); orders are only possible in household quantities.
(6) Until our acceptance you are not bound by your order and may cancel it at any time. We usually accept your order within a few days; until our acceptance or refusal we may retain any payment already made as an advance payment on your offer. For goods with a longer processing or procurement time – in particular individually manufactured prescription lenses – acceptance may take until the expiry of the expected delivery time notified during the order process. If we have not accepted your order within 14 days of its receipt – or, where a longer delivery time was notified during the order process, not by the expiry of that time and in any event no later than three months after receipt of the order – the order is deemed refused. In the event of cancellation by you, refusal by us or non-acceptance, we will refund any payments already made without undue delay.
(7) Availability reservation: Where we have already accepted your order and the goods are unavailable because a supplier fails to supply us through no fault of ours despite a congruent hedging transaction, we may withdraw from the contract. We will inform you without undue delay and refund any payments already made without undue delay. Your statutory rights remain unaffected.
(8) We store the contract text and send you the order data, these Terms and the withdrawal instructions by e-mail. You can view earlier orders in your customer account.
(9) Where an acceptance already declared is based on a mistake in the content or transmission of the declaration, we may rescind it in accordance with the applicable statutory provisions; we will inform you without undue delay and refund any payments already made.

§ 3 Prices, Delivery Costs, Value Added Tax

(1) The prices stated on the product page apply, inclusive of the applicable statutory value added tax, plus the delivery costs shown during the order process (Shipping Countries & Rates).
(2) For deliveries to countries outside the EU, import charges may arise in the country of destination, which you bear, unless subsection 3 provides otherwise.
(3) For deliveries to Switzerland, the United Kingdom and Norway we assume any import VAT and customs duties that arise; you incur no further costs there beyond the stated price plus delivery costs. This assumption of costs is a voluntary service that may be changed at any time for future orders; the version published at the time of your order applies.
(4) For goods sold by measure or weight we additionally state the unit price.

§ 4 Payment, Creditworthiness

(1) The payment methods displayed during the order process are available:

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(2) Payment is collected or initiated as soon as you submit your order, in so far as the chosen payment method technically provides for this (e.g. credit card by reason of 3-D Secure authentication, PayPal, Apple Pay, Google Pay). The amount collected is treated as an advance payment on your offer until your order is accepted. Collection of payment does not constitute acceptance of your order; the contract is formed exclusively in accordance with § 2. If no contract is formed – in particular where we decline your order (§ 14) or withdraw under § 2(7) – we will refund the amount already collected without undue delay.
(3) For a Ratepay payment method (invoice, direct debit) we assign our claim to Ratepay GmbH, Ritterstr. 12–14, 10969 Berlin; payment with discharging effect is then possible only to Ratepay. The Ratepay payment terms and privacy notice linked during the order process apply in addition. The same applies to payments via Klarna under its terms.
(4) If we or our payment service provider are unable to collect a direct debit for a reason attributable to you (e.g. insufficient funds, incorrect bank details, unjustified objection), you bear the resulting third-party costs (e.g. charges of the credit institutions involved). You remain free to prove that no loss, or a lower loss, was incurred.
(5) We offer at least one common, free-of-charge payment method. We reserve the right not to offer individual payment methods based on the outcome of a credit/risk assessment. The assessment is carried out using recognised mathematical-statistical methods; details of the data processing are set out in our privacy notice.
(6) Delivery takes place after receipt of payment or, in the case of purchase on invoice/direct debit, once the payment service provider has confirmed acceptance of the risk.

§ 5 Delivery and Shipping

(1) Unless otherwise stated, we deliver within the expected delivery time shown during the order process. Stated delivery times are approximate unless expressly designated as binding. For goods with an individual prescription, the delivery time may be extended by the lens production; we notify you of the expected delivery time during the order process or with the order confirmation.
(2) We determine the type of shipping, the shipping route and the carrier at our reasonable discretion and are entitled to make reasonable partial deliveries at no additional cost to you.
(3) Where you are a consumer, the risk passes to you only upon handover to you or to a person designated by you who is not the carrier.
(4) In the event of force majeure or other unforeseeable events for which we are not responsible (e.g. operational disruptions, strike, official measures), delivery periods are extended reasonably; we will inform you without undue delay. If the event lasts longer than six weeks, either party may withdraw from the affected contract; we will refund any payments already made without undue delay. Your statutory rights remain unaffected.

§ 6 Retention of Title

The goods remain our property until payment has been made in full.

§ 7 Set-off, Right of Retention, Assignment

You may only set off against counterclaims that are undisputed or have been established by a final and binding court decision. You are entitled to a right of retention only in so far as your counterclaim is based on the same contractual relationship. Monetary claims against us are freely assignable. The assignment of other, non-monetary claims against us requires our consent; consent may not be refused where your legitimate interest in the assignment outweighs our opposing interest.

§ 8 Vouchers and Discount Codes

(1) Promotional vouchers/discount codes may be redeemed only within the stated period and only once; they cannot be combined with one another unless expressly stated otherwise. A cash payout and subsequent crediting against orders already completed are excluded. Excluded items are named in the respective promotion.
(2) Where there is reasonable suspicion of abusive use (e.g. multiple redemption, circumvention of restrictions), we are entitled to declare the affected vouchers/discounts invalid.
(3) Credit vouchers (where offered) may be redeemed within the statutory limitation period; any remaining balance is credited.

§ 9 Customer Account

(1) In connection with your order we provide you with a customer account through which you can manage your orders. Please keep your access data confidential and inform us without undue delay if you suspect misuse.
(2) You may request deletion of the account at any time, subject to ongoing orders and statutory retention obligations.

§ 10 Right of Withdrawal

Consumers have a statutory right of withdrawal of 14 days. The full withdrawal instructions – including the withdrawal period, the procedure (including the electronic withdrawal function "withdraw from contract here"), the grounds for exclusion and the model withdrawal form – are available via the "Withdrawal Instructions" link on our website.

Returns notice:

Right of return
You can return the received goods without specifying a reason within 30 days. The time limit shall start upon receipt of this notice in written format (e.g. as a letter, fax or e-mail), but not before the goods have been received by the recipient (in the event of repeat deliveries of the same type of goods, not before receipt of the first partial delivery) and not before we have complied with our duties to supply information pursuant to Article 246, Section 2 in conjunction with Section 1, paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to Section 312g, paragraph 1, clause 1 of the German Civil Code (BGB) in conjunction with Article 246, Section 3 EGBGB. Only In the case of goods that are unsuitable for sending in parcel form (e.g. bulky goods) can you explain in writing that you will be returning the goods. For compliance with this deadline, the goods or return request must be dispatched by the deadline. In all events, we shall be liable for the costs and risk of the return. The returned item or return request must be sent to:

**Edeloptics GmbH
Straßenbahnring 19a
20251 Hamburg
Germany
Fax: +49 40 689878-828
E-mail: info@edel-optics.com**

In the cases of return requests, the goods will be collected from you.

Consequences of returns

Where a return is made, any payments received by either party must be returned and any benefits derived from the same must be surrendered. If the condition of the item has deteriorated or benefits (e.g. usage benefits) exist that cannot be availed of in full or in part or can only be availed of in a deteriorated condition, you shall be liable to provide us with compensation. You shall only be liable to pay compensation for the deterioration of the item and benefits used if the uses or deterioration are due to the handling of the item other than to check its properties and function. Checking the properties and function means testing and trying out the goods to the same extent as is possible and usual in a shop. Any repayments required must be made on your part within 30 days of you dispatching the goods or the return request and on our part within 30 days of receipt of these.

Financed business transactions

If you finance this agreement by means of a loan and later make use of your right of return, you are also no longer bound under the loan agreement if the two agreements constitute a single economic entity. This shall in particular be assumed to be the case if we are also your lender or if your lender relies on our cooperation in respect of the financing. If the loan has already been received by us when your cancellation becomes effective or you return the goods, your lender shall hold you liable for our rights and obligations under the financed agreement in respect of the legal consequences of the cancellation or return. If you wish to avoid a contractual obligation in so far as possible, make use of your right of return and cancel the loan agreement, provided you have a right of cancellation.

End of the returns notice

We make the withdrawal instructions available to you before you submit your order and transmit them to you with the acknowledgement of receipt (§ 2(4)) on a durable medium.

§ 11 Voluntary Right of Return and Return Service

(1) In addition to the statutory right of withdrawal, we grant you a voluntary right of return of 30 days from receipt of the goods. It applies only to unworn, complete goods in perfect condition with the original/hygiene seal not removed, and does not apply to lenses manufactured to your prescription. The voluntary right of return is a voluntary additional service to which there is no legal entitlement and which may be revoked at any time for future orders; the version published at the time of your order applies. Your statutory rights, in particular the 14-day statutory right of withdrawal and your rights in respect of lack of conformity, remain fully and independently in force.
(2) Irrespective of the statutory allocation of costs, we provide you with a free return label as a voluntary service. The free return service applies to returns from the country to which the delivery was made. If you use this label, we bear the costs of the return. This assumption of costs is a voluntary additional service to which there is no legal entitlement and which may be revoked at any time for the future; in the event of abusive use (§ 14) we may exclude it. Without use of the label, the statutory allocation of costs applies.

§ 12 Subscription (Provision for Use / Eyewear Subscription)

(1) In so far as we make goods available for use under a subscription (rental model, e.g. eyewear subscription), the following provisions apply in addition, together with the conditions stated during the order process (in particular the billing period and any minimum term).
(2) The goods provided remain our property. You undertake to treat the goods with care and to use them only for personal, intended use; commercial use as well as sale, letting, pledging or permanent transfer to third parties is not permitted. You must notify us without undue delay of any loss, damage, attachment, seizure or other third-party access to the goods. You are not liable for deterioration resulting from use in accordance with the contract; otherwise the statutory provisions apply.
(2a) We may terminate the subscription for good cause, in particular where you are in default with the payment of two consecutive monthly fees or an amount equivalent thereto, where you materially breach subsection 2, or where there is reasonable suspicion of abusive use of the eyewear protection (subsection 9); the statutory termination rights of both parties remain unaffected.
(3) For subscriptions, the payment methods offered for this purpose during the order process are available; your payment data are stored with the respective payment service provider for the recurring payments. The fee falls due and is collected at the beginning of each billing period.
(4) Where an initial minimum term is agreed, it is no more than 24 months. After the minimum term expires or in the absence of a minimum term, the subscription runs for an indefinite period and may be terminated by either party at any time with one month's notice. The right of either party to terminate for good cause remains unaffected.
(5) A subscription concluded online may be terminated at any time via the cancellation function "terminate contracts here" on our website. On a confirmation page you submit the termination bindingly with the "terminate now" button. We confirm receipt and the time of your termination and the end of the contract to you without undue delay on a durable medium (e.g. by e-mail).
(6) Where a minimum term applies, the agreed fee is fixed at least until its expiry. Promotional or introductory prices apply only for the first billing periods stated. We may change the fees for future billing periods; we notify you of such changes at least six weeks before they take effect in text form, and they apply at the earliest from the expiry of any agreed minimum term. Until they take effect you may terminate the subscription (subsections 4 and 5).
(7) After the subscription ends, you must return the goods provided to us without undue delay and no later than within 14 days; we provide you with a free return label for this purpose. For the period during which you withhold the goods from us after the end, we may demand compensation in the amount of the agreed fee; further statutory rights of both parties remain unaffected.
(8) The voluntary right of return under § 11(1) does not apply to goods provided under a subscription. Your statutory right of withdrawal and your statutory rights in respect of lack of conformity remain unaffected.
(9) Eyewear protection: Where your subscription includes eyewear protection (cover against damage or loss), this service is provided by our insurance partner; the scope, conditions (e.g. excesses, notification periods, proof of a police report in the event of theft) and exclusions result exclusively from the insurance conditions made available to you during the order process. Your statutory liability under subsection 2 continues to apply only in so far as the eyewear protection does not cover the loss. In the event of payment default we may suspend recourse to the eyewear protection until the outstanding claims have been settled, in so far as the insurance conditions so provide.

§ 13 Conformity of Goods (Legal Guarantee), Liability

(1) The statutory rights of the consumer in respect of a lack of conformity under the Consumer Affairs Act (Cap. 378) apply. We are liable to consumers for any lack of conformity which exists at the time of delivery and which becomes apparent within two years of delivery. Any lack of conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless this is incompatible with the nature of the goods or of the lack of conformity. To preserve your rights, you must inform us of the lack of conformity within two months of the date on which you detected it. What is contractually owed is the quality customary for comparable goods; minor deviations customary in trade or technically caused in colour, form, dimension or material – in particular colour deviations resulting from the screen display – do not fall below the usual quality that may objectively be expected. Where we or a manufacturer offer a commercial guarantee, its content and scope result from the respective guarantee conditions; your statutory rights remain unaffected.
(2) For loss arising from injury to life, body or health, and for loss caused intentionally or by gross negligence and in the event of fraudulent concealment, we are liable without limitation.
(3) In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the loss typical for the contract and foreseeable. Material contractual obligations are those the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely. Otherwise liability is excluded.
(4) Liability under mandatory product liability law and under guarantees assumed remains unaffected.
(5) The limitations of liability in this paragraph also apply for the benefit of our legal representatives, employees and vicarious agents.

§ 14 Refusal of Orders, Blocking of Customer Accounts

(1) We reserve the right to decline acceptance of an order for objective reasons, in particular where there is reasonable suspicion of abusive conduct, incorrect information, non-payment from earlier orders, fraud, unjustified chargebacks, or threats to or insults directed at our staff. Prohibitions on discrimination remain unaffected.
(2) We grant voluntary additional services such as the free return label (§ 11(2)) only in the case of intended use; where your return rate significantly exceeds the usual level, we may exclude this voluntary service. We may also make use of our freedom of contract under § 2 and decline future orders or accept them only against advance payment. Returns based on statutory rights (withdrawal, lack of conformity) are disregarded in determining the return rate; we do not sanction the exercise of your statutory right of withdrawal. Your statutory rights remain unaffected.
(3) For the reasons stated in subsection 1 we may block or close customer accounts – including further accounts of the same customer. Contracts already validly concluded and your statutory rights remain unaffected.
(4) To prevent abuse and fraud we maintain an internal block list, limited to what is necessary and for a limited time; the legal basis (Art. 6(1)(f) GDPR), the storage period and your rights result from our privacy notice.

§ 15 Special Provisions for Traders

Where the customer is a trader, the following applies in addition/by way of derogation: there is no right of withdrawal or voluntary right of return; the risk passes upon handover to the carrier; claims in respect of a lack of conformity become time-barred one year after delivery (except for claims under § 13(2) and recourse claims); we retain title until all claims arising from the business relationship have been satisfied; for commercial transactions between both parties the duty to examine and give notice of defects applies; the exclusive place of jurisdiction is Hamburg. Towards traders we are liable for simple negligence only in the event of a breach of material contractual obligations and limited to the loss typical for the contract and foreseeable; liability for indirect loss and lost profit is excluded in this respect; liability is furthermore limited per event of loss to the net value of the affected order. § 13(2) and (4) remain unaffected.

§ 16 Content Provided by You

If you provide us with content (e.g. product reviews, photos or comments), you grant us a simple, royalty-free right to use, reproduce, distribute and adapt (for format reasons) this content in connection with our offering for advertising and service purposes, and to grant simple sub-licences to third parties (e.g. review portals and social networks). You warrant that you hold the rights required for this and do not infringe any third-party rights. You may object to future use at any time; in that case we will remove the content within a reasonable period from the media under our control.

§ 17 Data Protection

Information on the processing of your personal data – including health-related data in connection with your prescription and for credit, abuse and fraud prevention – is set out in our privacy notice. We process the prescription data required to manufacture your visual aid on the basis of the express consent you give separately during the order process; details – including on retention and on optional further uses – are governed by the privacy notice.

§ 18 Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration/dispute resolution body. Consumers may nevertheless refer a complaint to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority (MCCAA), which operates a residual alternative dispute resolution (ADR) mechanism, and, where appropriate, to the Consumer Claims Tribunal. (The EU Online Dispute Resolution platform was discontinued on 20 July 2025.)

§ 19 Final Provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Where you are a consumer with your habitual residence in Malta, this choice of law does not deprive you of the protection afforded by the mandatory provisions of Maltese consumer law (in particular the Consumer Affairs Act, Cap. 378, and the Consumer Rights Regulations, S.L. 378.17), which continue to apply.
(2) In so far as mandatory law permits, the place of jurisdiction is Hamburg. Where you are a consumer domiciled in Malta, this does not affect your right to bring proceedings before, and to be sued only before, the competent courts of your place of domicile in Malta.
(3) The language of the contract is English.
(4) Should any provision be invalid, the contract remains valid in other respects; the invalid provision is replaced by the applicable statutory provisions.

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Edeloptics GmbH · Straßenbahnring 19a, 20251 Hamburg, Germany · Managing Director: Andreas Korsus · Hamburg Local Court HRB 108926 · VAT ID No. DE264070174 · As at: 01/08/2026