General terms

This is a translation, the German versions are authoritative.

Table of contents

1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping terms
5. Liability for defects
6. Applicable law, place of jurisdiction

1) Scope
1.1 These terms and conditions of the SHARKPROJECT Merchandising e.V. (hereinafter ‘seller’), apply to all contracts that a consumer or entrepreneur (hereinafter ‘customer’) with the seller in terms of the seller in his online shop displayed goods and / or services completes. This is the inclusion of the customer's own conditions, 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 can be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their 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 on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After entering their personal data, the customer submits a legally binding offer of a contract in relation to the goods and/or services contained in the shopping basket by clicking the button that concludes the order process.
2.3 The seller can 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), whereby the customer's receipt of the order confirmation is decisive, or
by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or
by requesting payment from the customer after the order has been placed.
If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects ‘PayPal Express’ as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, by way of derogation from Section 2.3, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the ordering process.
2.5 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When an offer is submitted using 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. email, fax or letter) together with these terms and conditions after the customer has sent his order. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.
2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, 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.
2.8 The German language is available for the conclusion of the contract.
2.9 The order processing and contact take place via email and automated order processing. The customer must ensure that the email address provided by him for the order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms
3.1 The prices quoted by the seller include VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 For deliveries to countries other than Switzerland, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if delivery is made within Switzerland but the customer makes the payment from a country other than Switzerland.
3.3 The customer has various payment options available, which are indicated in the seller's online shop.
3.4 If advance payment has been agreed, payment is due immediately after the contract is concluded.
3.5 If the payment method ‘delivery on invoice’ has been selected, the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method ‘delivery on account’ is selected and to reject this payment method if the credit check is negative.
3.6 If the payment method ‘PayPal’ is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L- 2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.
3.7 If a payment method offered via the ‘Shopify Payments’ payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms that the customer will be made aware of separately. Further information about Shopify Payments is available online at https://www.shopify.com/legal/terms-payments-de.
3.8 If a payment method offered via the ‘PostFinance Checkout’ payment service is selected, the payment will be processed by the payment service provider PostFinance AG, Mingerstrasse 20, 3030 Bern, Switzerland (hereinafter ‘PostFinance’). The individual payment methods offered via ‘PostFinance Checkout’ are communicated to the customer in the seller's online shop. PostFinance may use additional payment services to process payments, which may be subject to special payment terms that are separately indicated to the customer as necessary. Further information about ‘PostFinance Checkout’ is available online at https://www.postfinance.ch/de/unternehmen/produkte/einkassieren/onlineshop/e-payment-flex.html.

4) Delivery and shipping terms
4.1 Goods are regularly delivered by mail order and to the delivery address provided by the customer. When the transaction is processed, the delivery address provided in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer when the goods are handed over to the transport company for shipment or delivery.
4.4 For logistical reasons, self-collection is not possible.

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, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for 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.