General terms and conditions with customer information
This is a translation, the German versions are authoritative.
Table of contents
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. liability for defects
6. applicable law, place of jurisdiction
1 Scope of application
1.1 These terms and conditions of SHARKPROJECT Merchandising (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers for the Seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after entering his personal data, the customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3 Prices and terms of payment
3.1 The Seller's stated prices include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop.
3.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.
4 Delivery and shipping conditions
4.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer when the goods are dispatched or when they are handed over to the appointed carrier.
4.4 Self-collection is not possible for logistical reasons.
5 Liability for defects
The statutory liability for defects shall apply.
6 Applicable law, place of jurisdiction
6.1 If the customer is acting as a consumer, all legal relations between the parties shall be governed by Swiss law to the exclusion of the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
6.2 If the customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.