Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (T&Cs) apply to all contracts between Freshlens.eu (owner: Enes Davulcu, hereinafter “we” or “us”) and you as a customer for the purchase of goods in our online shop at www.freshlens.eu.

1.2 Our offer is directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

1.3 We do not recognise any deviating terms on your part unless we expressly agree to their validity in writing.

2. Contracting party and contact

Your contracting party is Freshlens.eu, owner: Enes Davulcu, Lanferbruchstraße 1, 45899 Gelsenkirchen, Germany.

You can reach us by email at support@freshlens.eu, via our contact form or via WhatsApp (+49 152 23926818). The telephone number stated in the legal notice (Impressum) serves only to ensure legally required contactability; we do not offer telephone customer service. Further details can be found in our legal notice.

3. Conclusion of contract and ordering process

3.1 The presentation of products in our online shop does not constitute a legally binding offer but a non-binding invitation to you to place an order.

3.2 You place the desired goods in the shopping cart, enter your delivery and billing details, choose the shipping and payment method and receive an overview of your order before completion. Before submitting, you can check your entries and correct them at any time (e.g. using your browser’s back function or in the shopping cart). By clicking the order button, you place a binding order.

3.3 We confirm receipt of your order automatically by email. This acknowledgement of receipt does not yet constitute acceptance of your order. The purchase contract is only concluded when we accept your order by sending an order confirmation by email or by dispatching the goods, whichever occurs first.

3.4 Should an ordered item unexpectedly be unavailable, we will inform you without delay and refund any payments already made without delay.

3.5 The language of the contract is German. You will receive the order details with the order confirmation by email. You can access, save and print these T&Cs at any time at freshlens.eu/pages/agb.

4. Prices, delivery area and shipping costs

4.1 All prices are final prices in euros and include statutory VAT.

4.2 We deliver to Germany and to the following other member states of the European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

4.3 Shipping costs are charged in addition to the price of the goods. For delivery within Germany they amount to €3.29 per order; for orders of €29 or more we deliver free of shipping costs within Germany. For delivery to one of the EU member states listed above, shipping costs amount to €5.99 per order. The applicable shipping costs are displayed to you during the ordering process before you place your order.

5. Payment

5.1 The payment methods displayed during the ordering process are available to you, in particular PayPal, Klarna, credit card (Visa, Mastercard), Apple Pay, Google Pay, bank transfer (prepayment) and Freshlens gift voucher.

5.2 With instant payment methods (e.g. PayPal, credit card, Apple Pay, Google Pay), your means of payment is charged upon completion of the order.

5.3 When paying by prepayment (bank transfer), you transfer the invoice amount directly to our business account; no payment service provider is involved. We only ship the goods after full receipt of payment in our account.

5.4 For payment methods with a later due date, in particular purchase on account (e.g. via Klarna), the purchase price must be paid from receipt of the goods within the payment term stated during the ordering process or on the invoice. The terms and conditions of the respective payment service provider apply in addition. If we have assigned the claim to a payment service provider, you can only make payments with discharging effect to that provider.

5.5 If you do not pay within the deadline, we will send you reminders. After expiry of the payment deadline and a reminder, you will be in default (Section 286 BGB). We are then entitled to demand default interest at the statutory rate (Section 288 BGB) and compensation for the damage caused by the default. This includes in particular the actually incurred, reasonable costs of reminders, court dunning proceedings, debt collection and legal enforcement to the extent reimbursable by law. You remain entitled to prove that a lower loss has been incurred.

5.6 The right of withdrawal (Clause 9) and your statutory rights in the event of defects or non-delivery remain unaffected.

6. Delivery

6.1 Shipping is carried out by DHL or DHL Warenpost to the countries listed in Clause 4.2. We usually process your order within 24 hours of receipt of payment or order confirmation. Delivery within Germany usually takes 2 to 4 working days from handover to the shipping service provider; delivery to other EU member states takes correspondingly longer. Unless otherwise stated, all items are available for immediate delivery.

6.2 Partial deliveries are permitted insofar as they are reasonable for you. No additional shipping costs arise as a result.

6.3 Self-collection is possible by prior appointment (via WhatsApp, contact form or email).

6.4 Correct address: Please check your delivery and billing details carefully before submitting your order. You are responsible for the accuracy and completeness of your details, including typing errors, missing address additions or Packstation details. The address can only be changed as long as the goods have not yet been shipped.

6.5 If a parcel cannot be delivered and is returned to us because of an incorrect or incomplete address for which you are responsible, or because you did not collect it in time from the Packstation, post office or a neighbour, we will charge you a flat fee of €3.29 per shipment for the return and each redelivery. You remain entitled to prove that we have incurred no loss or a significantly lower loss. If you do not wish the goods to be redelivered, we will refund the purchase price less the shipping costs incurred, provided you have no right of withdrawal that precludes this.

7. Proof of delivery, non-receipt and loss of the shipment

7.1 Obligation to notify: If your shipment does not arrive, please inform us without delay, if possible before the payment deadline expires, via the contact form, by email or via WhatsApp, stating your order number. We will then initiate an investigation with the shipping service provider and suspend payment reminders for the duration of the investigation.

7.2 If you do not report non-receipt, payment reminders will be issued in accordance with Clause 5.5, including court dunning proceedings where applicable. You bear the resulting costs to the extent permitted by law (Clause 5.5).

7.3 Proof of delivery: If the shipment tracking of the shipping service provider shows delivery to your delivery address (including a designated drop-off location, a neighbour or a Packstation), we will initially assume that the goods were duly delivered. You remain free to present and prove the contrary. The statutory provisions on the transfer of risk remain unaffected.

7.4 Declaration of loss: If, despite proof of delivery, you claim not to have received the goods, we ask you to provide us with a written declaration of loss to clarify the facts. In it, you truthfully state in particular your order number, the time of expected delivery, enquiries made with neighbours, household members, at the drop-off location, Packstation or post office, and affirm the accuracy of your statements in lieu of an oath. We will provide you with a form on request.

7.5 A replacement delivery or refund will be made as soon as the investigation has been completed and, where necessary, the declaration of loss has been received by us. We cannot complete the investigation without your cooperation. If the declaration of loss is not provided, the claim for the purchase price remains in force and we are entitled to pursue it. Your statutory rights remain unaffected.

7.6 If you intentionally provide false information, we reserve the right to assert claims for damages and to take further legal action.

8. Retention of title

The goods delivered remain our property until full payment has been made. This applies in particular to payment on account or other payment methods with a later due date. In the case of prepayment, we only ship after receipt of payment.

9. Statutory right of withdrawal

9.1 As a consumer, you have a statutory right of withdrawal of 14 days from receipt of the goods. Details, the model withdrawal form and information on the electronic withdrawal function can be found in our cancellation policy.

9.2 The right of withdrawal does not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g (2) No. 3 BGB). This applies in particular to opened contact lens packaging.

9.3 In the event of an effective withdrawal, you bear the direct costs of returning the goods.

10. Voluntary 30-day return policy and returns

10.1 In addition to the statutory right of withdrawal, we voluntarily grant you a right of return of 30 days from receipt of the goods. This voluntary return only applies if the goods are returned unopened, unused, undamaged and in their original, intact packaging (original condition, seal intact).

10.2 For hygiene reasons, we do not take back opened, used or damaged goods. In this case, a return will not be accepted and the purchase price will not be refunded. We reserve the right to send such goods back to you at your expense. Your statutory warranty rights (Clause 11) remain unaffected.

10.3 Please register your return in advance via the contact form, by email or via WhatsApp, stating your order number, and do not send back any goods without prior notice.

10.4 You bear the costs of the return. Please send the goods to the address stated in our legal notice: Freshlens.eu, Enes Davulcu, Lanferbruchstraße 1, 45899 Gelsenkirchen, Germany.

10.5 We strongly recommend sending the return insured and with a tracking number and keeping the proof of postage. With a voluntary return, you bear the risk of loss and damage during return shipment; we accept no liability for this. In the case of a statutory withdrawal, the statutory provisions on the bearing of risk remain unaffected. Without a tracking number, you may not be able to prove that we received the return in the event of a dispute.

10.6 After receipt and inspection of the return, we will refund the purchase price without delay, at the latest within 14 days, using the original means of payment. In the case of a statutory withdrawal, we will also refund the standard outbound shipping costs (see cancellation policy).

11. Liability for defects (warranty) and transport damage

11.1 The statutory warranty rights apply. The limitation period is two years from delivery of the goods.

11.2 Please check the shipment upon receipt. If the packaging is visibly damaged, please report this to the delivery agent without delay and then inform us, providing photos of the goods and packaging and your order number. This does not affect your statutory rights; failure to give such notice has no adverse effect on your warranty rights.

12. Liability and instructions for use

12.1 Our contact lenses are coloured contact lenses without corrective power. Please observe the manufacturer’s instructions for use and care and those on the product page, as well as the general rules of contact lens hygiene. In case of irritation, redness, pain or visual disturbances, remove the lenses immediately and consult an ophthalmologist. If in doubt, seek professional advice before use.

12.2 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and insofar as we have assumed a guarantee or fraudulently concealed a defect.

12.3 In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

12.4 We are not liable for damage caused by improper use, incorrect application, failure to observe the instructions for use, insertion and care, or by individual intolerances, unless we are at fault within the meaning of Clauses 12.2 and 12.3.

13. Consumer dispute resolution

The former EU Online Dispute Resolution platform (ODR platform) has been discontinued. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have any questions or complaints, please contact us directly; we will be happy to find a solution.

14. Final provisions

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

14.2 Should any provision of these T&Cs be wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.