Terms & Conditions
Terms and Conditions for the e-commerce retailer FRECKLEEYEWEAR.com
(a) The vendor specializes in sunglasses and accessories, which are offered via the online shop system in freckleeyewear.com These general terms and conditions apply to all acquisitions of products and services by Customer from Vendor, unless otherwise specified herein.
(b) Within these terms and conditions, a customer is defined as a private individual who enters into a transaction with the vendor for private and personal purposes only, and for no other commercial or freelance activity in which the customer may otherwise be involved. The contractor, within the meaning of these terms and conditions, is any private individual, legal body or partnership with legal entity entering into a transaction as part of their commercial or freelance activity.
(c) Any deviation from, contradiction of, or supplementation to any of the following terms and conditions will render a contract invalid, unless arranged by prior agreement between the buyer and the vendor.
(d) The right is reserved to revise these Terms at any time by amending this page. Updated terms will supersede all previous versions of the Terms.
(e) The use of the Site (including accessing, browsing or registering to use the Site) confirms an unconditional agreement to be bound by these Terms and is subject to a continued compliance with these Terms.
2. Conclusion of Contract
(a) The vendor’s offer may be subject to change at any time without the obligation of a previous notice, at the sole discretion of the Vendor. While every effort is taken to try to ensure that the colouring, design and style of the Freckleeyewear products in the photographs displayed on the website are representative of the original products, variations may happen due to technical restrictions of colour reproduction on your computer equipment. Accordingly, Freckleeyewear shall be under no circumstances liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may of course contact our Customer Service Department by email at email@example.com
(b) The confirmation of the order means the buyer’s acceptance of the wholeness of the Terms and Conditions. All orders may be made online on Freckleeyewear website. The transaction constitutes a binding agreement to conclude a contract of purchase for the products. By clicking the link “Send order”, during the online ordering process on Freckleeyewear website, the customer is placing a binding order for all the products contained in the shopping basket. The order could not be amended or cancelled except in the express conditions provided for in the Terms and Conditions
(c) The customer will be informed by e-mail as soon as the executed order has been received. Please note: the receipt of this first e-mail does not mean that the agreement has been concluded. The agreement is concluded by sending confirmation of the order or by the products being released for delivery.
(d) Release of the ordered products for shipment by the vendor also constitutes acceptance of the order. The vendor reserves the right to reject orders without giving any reason.
(e) The conclusion of the order will be accepted with the reservation, that in the case of improper or failed delivery to vendor, to supply none of the products or only parts of the delivery.
This applies only providing that vendor have concluded a concrete hedging transaction and are not supplied by their sub-supplier without own fault. The vendor will make every reasonable effort to procure the products. If the products cannot be procured, Freckleeyewear will promptly refund any payment that may have already been received. If the products are unavailable or only available in part, the customer will be informed immediately.
(f) After the contract has been concluded – and if the products have been ordered electronically – the text of the contract, together with the legally binding terms and conditions, will be sent to the customer via e-mail. The data registered by the website establish the proof of the whole transactions operated between Freckleeyewear and its customers. In case of dispute between Freckleeyewear and one of its customers about a transaction made on the website, the data registered by Freckleeyewear are considered as an irrefutable proof of the content transaction.
3. Retention of Title and Withdrawal
(a) With regard to customers: The ordered products remain the property of the vendor until full payment of the price is done
With regard to contractors: The vendor shall retain the title to the goods until the full settlement of all claims arising from an ongoing business relationship.
(b) In cases of breach of contract on the part of the customer (due, in particular, to defaulting in payment, falsification of information regarding creditworthiness, or legal settlement proceedings, or the initiation of insolvency proceedings against the customer’s property) the vendor shall be entitled to withdraw from the contract and demand the return of the goods at any time if the customer has failed to provide – or has provided only in part – payment for the products ordered.
(c) The contractor is entitled to resell the retained products in the proper course of business; but he assigns already now all debts to the vendor; the amount will be the final amount of the invoice including all costs which arose when reselling the items to the customer or to a third party. The vendor accepts the transfer. After completion of the assignment, the contractor shall be entitled to collect the claim. The vendor reserves the right to call in the demand if the contractor handles his liabilities incorrectly or delays with payment.
(d) Upon request by the customer, the vendor is obligated to release securities in so far as their realisable value exceeds the accounts receivable by us from the buyer by more than 10%. However, the vendor reserves the right to choose which securities we will release.
4. Prices and Payment
(a) Prices are subject to change. Calculation of prices is based on the price list and discounts valid on the day of delivery or service plus value added tax (VAT) as stipulated by the vendor.
(b) In respect of long-distance contracts: Additional shipping charges will be applied, as indicated in the overview of shipping costs (see Shipping). This amount will be payable by the customer in addition to the price, including taxes, of the products ordered.
(c) The customer shall only have a right of set-off where the counterclaims have been validly established, and of the acknowledgement which the vendor does not deny. The customer may only exercise his right to refuse performance where the counterclaim arises from the same contractual relationship.
(d) In the event of any pricing error or incorrect product information due to typographical or system errors, Freckleeyewear reserves the right to cancel any orders placed with erroneous information, with no further obligations to the customer even after the receipt of an order confirmation or shipping notice.
5. Payment Options and Shipping Costs
(a) The customer may make payments with all major credit cards including Visa, Mastercard and American Express. PayPal and Prepayment are also accepted. The vendor reserves the right to exclude specific methods of payment.
(b) With regard to payment through PayPal: Customers should register with paypal. By choosing PayPal as payment method, the Customer has agreed to PayPal Terms in the absence of any other agreement, or if not otherwise stated in the product description, the products will be delivered as soon as the total amount has been completely credited to the vendor’s PayPal account.
(c) Shipping costs are calculated as the sum total of the vendor’s delivery fees. Further details can be found under Shipping Costs.
(a) Unless stated otherwise, all prices include VAT (where applicable) and exclude shipping costs. Shipping and delivery are free of charge. Please note that international customs duties should be taken into account as they may cause shipping fees to vary. Moreover, in the case of the returned products, the vendor reserves the right to charge the customer a determined fee for the shipment, if the return doesn’t meet the requirements stated exactly in Return Policy.
(b) In case of unavailability of a Freckleeyewear product after ordering the vendor will order the selected products as quickly as possible, inform the customer without delay, and indicate the probable delivery date. To help speed up delivery, these products are marked by using a traffic light system. The products marked by delivery time in green means that they are available in stock and/or can be produced in a short time.
(c) The vendor reserves the right – if circumstances dictate – to deliver consignments of products in separate parts. In such cases, the best interests of the customer will be taken into careful consideration, and no additional costs will be incurred
7. Transfer of risk
(a) With regard to the customer: The customer is responsible to check the delivered product(s) immediately upon delivery to determine compliance with the order. If there is any discrepancy, the customer should not accept the package and should describe any defects (i.e. evidence of tampering, damaged product, missing products or items, or products different than those ordered and/or indicated in the shipment document) in writing directly on the statement taken by carrier. Keep in mind that the risk of accidental loss of, or accidental damage to, the object purchased – including during forwarded transactions – is transferred to the customer the moment the object is handed over.
(b) With regard to contractors: The risk of accidental loss of, or damage to, the products is transferred to the contractor upon handover, or, in the case of forwarded transactions, when the products are handed over to the carrier, freight, or to any other party charged with executing the shipment.
A refusal by either the customer or the contractor to accept delivery of the object will, nevertheless, be regarded as a handover.
(c) After the process of placing your order including the product detail page and checkout page, the product price indicated in the confirmation e-mail you will receive does not include the “custom fees” (if any) applied on exports and imports in your country. Placing an order confirms an unconditional agreement to the term that the customer is responsible for paying any additional fees.
8. Consumer’s right of withdrawal
(a) Cancellation Policy:
(i)If the vendor cannot meet the preliminary delivery date, he shall inform the customer in due time. In case of disruptions to the business operations of the vendor, which he is not responsible for, or disruptions to subcontractors, the delivery time shall be extended in accordance with the length of the disruption. The customer has the right to withdraw from the contract without giving reasons, by returning the products and submitting Return Order Form to the vendor within a period of 14 days after receiving the products if the conditions in Return Policy are met. However, exceptions apply to the products which have been produced according to customer specifications or which have been tailored to a customer’s specific requirements.
(ii)The period begins upon receipt by the vendor of the customer’s written instructions to cancel the order (in the case of a single order being delivered in a number of separate parts, the period does not begin until receipt of the first part of the delivery) and not before vendor have met their information responsibilities and other legal obligations a. For the withdrawal to be carried out without delay, it is sufficient to send your request, and the products within the given time
(b) Consequences of withdrawal:
(i) To conclude a successful withdrawal, any products or funds which have changed hands between the two parties in the course of the transaction must be returned, and any benefits gained (e.g. interest) are to be handed over. Should the customer be unable to return the products, or be able to return only part of them, or return them in a damaged condition, the customer will be obliged to compensate the vendor for the full replacement value of the products, if the customer used the purchased item contrary to the good faith, or personal profit in an incompatible way and will not affect the validity and effectiveness of the right to revoke compromised. No compensation will be demanded for products which have been used for the purpose for which they are intended.
(ii) The cost of return shipment must be charged by the customer. The vendor cannot accept the return shipment in case the package is unstamped or insufficiently stamped.
The vendor must start processing the customer’s return within 2 – 4 business days after receiving the product. The vendor will arrange for items which cannot be sent by post to have them collected.
The vendor must meet obligations to refund payments within 30 days of the declaration of withdrawal being sent, or within 30 days after the products being returned. The vendor has sole discretion in determining whether the products are in original condition when returned to Freckleeyewear. The vendor shall not be responsible or liable if any products the customer wishes to return is lost, misdirected or delivered late; therefore, the customer has to bear the risks of the shipping chosen.
(iii) The right of return does not apply to the following products:
Products that have been produced to customer specifications or tailored to specific requirements, are not suitable for sending back.
(a) If a customer is a physical person, that is placing a private order with without intentions allocable to a commercial or self-employed business purpose, then he/she is a consumer and therefore entitled to the general right of revocation and return as specified below.
In exercising the right of withdrawal in accordance with Section 8 of these terms and conditions, the customer is obligated to return the products in their original condition and packaging.
(b)The withdrawal can be processed only if the products are not engraved and do not include any customization and/or specifications.
(a) Products supplied may vary slightly from the products as depicted on the internet as far as is reasonable and the customer is accepted to check the information of the product accurately in advance before confirming the order (see Section 2 / a of the Terms and Conditions).
(b) The vendor can initially choose between demanding warranty through subsequent fulfilment through repair or replacement delivery. The vendor is entitled to refuse the chosen type of fulfilment if it is only achievable at an unreasonable cost and if the other type of fulfilment does not bring considerable disadvantages to the customer.
In the case of contractors, the vendor will choose initially a remedy or replacement for our warranty on deficiencies on the product.
(c) If the subsequent performance fails, the customer may generally demand either a reduction in the remuneration or cancellation of the agreement (withdrawal). In the case of minor defects, the customer shall have no right of rescission-considering their mutual interests. In all cases of claims for damages against the contract partner, instead of the performance of the delivery or service the customer shall demand compensation for wasted expenditure which are entered into by the customer in reliance on receipt and which the customer is allowed to make. If the customer claims for compensation of damages, the limitation of liability in Section 11/a of these terms and conditions applies.
(d) The Customer’s rights in the event of defects require that the customer has properly met his examination and notification obligations. Contractors, in particular, are required to report obvious defects in products supplied as soon as possible within two weeks of receiving the products; failure to do so will render the warranty invalid. Punctual dispatch of the defective products, or prompt notification that the products are defective, will be accepted as a valid claim as long as this is done prior to the deadline. The contractor is responsible for making all the necessary notifications and, in particular, for noting details of the defects and the date on which they occurred, and for reporting the damage in a timely manner.
(e) If the buyer is a contractor, the manufacturer’s trade description of the product shall be the only criteria for establishing whether the quality of the products meets with the required standards. No other public statements, testimonials or advertising by the manufacturer will be acceptable as contractually binding descriptions of the products.
(f) The warranty period for the customer is 1 year after delivery of the products. That two years warranty period does not apply if the customer is intentionally or grossly negligent in taking due care of the products. The above liability restrictions do not apply in the case of losses arising from fatality, physical injury or damage to health.
(g) The vendor does not make any legally binding guarantees with the customer unless otherwise expressly agreed. Manufacturer`s guarantees remain unaffected.
11. Limitation of Liability
(a) In the case of slightly negligent breaches of obligation the vendor’s liability and the liability of the sub-contractors shall be limited to the foreseeable, contract-typical, immediate average damage with regard to the type of product. This shall also apply in cases of minor infringements of obligations by the vendor’s legal representatives or agents. The vendor shall not be liable in cases of ordinary negligent breaches of other contractual obligations. The vendor shall be liable for the violation of the contractually legal positions of the customer. Contractually legal positions are those which the contract is obliged to grant to the signatory in order to his whole purpose. The vendor shall also be liable for any infringement of these obligations which enable the realisation of the contract according to the rules in the first place and on whose observance the user regularly trusts.
Freckleeyewear processes your personal data in accordance with the requirements of Consumer Protection
Categories of Personal Data that Freckleeyewear processes
- Your contact information – names, postal address, mobile or phone number, email address
- Your IP addresses
- Purchase details including the payment method and transaction number
- History of your order
- Customer service information – all kind of communication and correspondence between you and our customer service department.
- In exceptional circumstances, you may be required to provide us with additional details of your ID card, in order to certify your identity.
- In a limited number of cases, we can invite you to provide us your photos, videos or others in case you declare your desire to participate in one of our draws, campaigns or other events.
- FRECKLEEYEWEAR reserves the right to send to all its customers an invitation to participate in satisfaction surveys. Participation is always optional.
- FRECKLEEYEWEAR does not process or store data from your bank cards or other financial instruments.
Lawfulness of processing:
- FRECKLEEYEWEAR processes your personal data, necessary for the performance of your contract.
- FRECKLEEYEWEAR processes your personal data necessary to comply with the requirements of tax, financial or other domestic legislation.
We process your personal data for the following purposes:
- For the purpose of accurate and correct execution and delivery of your order.
- For the purpose of clear and accurate communication with you about the status of the order.
- For the purpose of warranty within the warranty period of the products
- For the purpose of customer satisfaction and loyalty programs
- For the purpose of the requirements of tax and accounting legislation – to declare and count our sales.
- In exceptional circumstances, FRECKLEEYEWEAR may process additional identification information of yours in order to avoid financial fraud or identity theft.
- As an exception, FRECKLEEYEWEAR can process additional data such as photos, videos and other media, for the purposes of various campaigns or lotteries, only in the cases when customers participate in these events.
- In order to be able to send our newsletter and promotional materials, only in cases when customers give their consent for that.
Time period for which your personal data will be stored:
FRECKLEEYEWEAR stores your personal data, that you have submitted during your account registration on our Site, your account remains active.
FRECKLEEYEWEAR stores your personal data during the production and delivery of products as well as the time period specified in the Return Policy for the possible returns and product warranty, but not longer than 2 years or longer than the time of warranty.
In case that we require additional data to verify your identity, we will store these data until the legal requirement to keep these data is no longer in place.
In the case of collecting personal data for the purposes of a particular campaigns, lotteries and any other promotions, the period of processing shall be specified in every case, and the participants shall be informed thereof.
Potential recipients of your personal data:
FRECKLEEYEWEAR does not provide your personal data to third parties, unless legally required to do so or except for the operational necessities listed below:
FRECKLEEYEWEAR provides your name, address, and phone number to the courier company that delivers your product.
In exceptional circumstances, FRECKLEEYEWEAR may confirm your personal data with payment service providers, in order to prevent financial fraud or identity theft.
FRECKLEEYEWEAR transfers the necessary personal data to accountancy service providers as well as tax and other public authorities when specific legislation requires this.
Your rights as a data subject – at any time you have the right to:
- Get access to your personal data that FRECKLEEYEWEAR processes, also to receive a copy of them
- To ask the erasure of personal data concerning you (the right to be forgotten) if you believe that it is no longer necessary for the purposes for which it was collected or processed. Please note that this right cannot be exercised if a special law expressly provides for a fixed term to be retained.
- To ask for rectification of inaccurate personal data in cases where they do not correspond to the truth.
- To exercise one of the above rights, simply send us e mail message with your request on our contact page or an email to firstname.lastname@example.org. We will answer you in a short time.
- At any time in which you are concerned that your rights are violated, you have the right to lodge a complaint with a supervisory authority, which is noted below.
Our recommendations to you regarding your personal data protection:
- Keep your password secure and do not share it with third parties.
- If you are using a public computer (in a library or Internet cafe), always make sure you log out of your account before turning off the computer.
- FRECKLEEYEWEAR guarantees that we do not require our clients to disclose their password for the usage of website. FRECKLEEYEWEAR does not require our clients to disclose data from their bank accounts or other financial instruments. Any such request made to you by phone, chat or email should be ignored.
If someone has addressed such a request to you, please contact and inform FRECKLEEYEWEAR immediately.
How do we protect your Personal Data?
FRECKLEEYEWEAR assures that we have taken all administrative, technical and physical measures to protect your personal data against accidental, unlawful or unauthorized destruction, loss, access, disclosure or use.
FRECKLEEYEWEAR has adopted its own internal ethics rules for the processing of personal data, and our employees have gone through special training on the principles of the Right to protection of personal data and the basic obligations of companies in relation to Consumer Protection.
We secure our website and other systems using technical and organizational measures against the loss, destruction, access, modification or distribution of your data by unauthorised persons. Despite of the regular checks, a complete protection against all threats is not possible.
Who is responsible for processing your personal data?
FRECKLEEYEWEAR operate and controls within the meaning of Consumer Protection.
13. Amendment to the General Terms and Conditions
(a) The vendor reserves the right to change these General Terms and Conditions at any time by giving customers a minimum of 2 weeks’ notice prior to the changes coming into effect. This prior notification will take the form of the publication of the modified General Terms and Conditions on the freckleeyewear.com website, stating the date on which the changes will come into force.
(b) If the customer does not register his or her opposition to the changes within 2 weeks of their publication, the amended terms and conditions will be considered accepted. Please Note: The 2 weeks notification period will be strictly adhered to.
14. Final provisions
(a)The law of the South African government applies, with the exception of the UN law of purchase. For customers who do not enter into the contract for professional or commercial purposes, these laws apply only if the protection granted by the mandatory provisions of the laws of the state in which the customer habitually resides is not withdrawn.
(b) If the customer is a businessperson, a legal entity under public law, or public special assets, the exclusive place of jurisdiction in the eventuality of a contractual dispute is the competent court in the territory of the vendor’s place of business, unless an alternative jurisdiction is agreed upon. The vendor also reserves the right to sue the contractor at his residence or place of business court.