General Terms and Conditions
Skullpot is an offer and store of the Swiss Skullz GmbH (hereinafter referred to as the "Provider") with selected goods. The general contact addresses and further information about the provider can be found in the imprint.
These General Terms and Conditions (GTC) govern the rights and obligations of both the provider and the customer. These GTC apply exclusively, unless expressly agreed otherwise. Supplementary or further conditions may apply to individual or additional offers. Information on data protection can be found in the privacy policy.
1. offer and order
1.1 The offer in the store is aimed exclusively at natural persons who have unlimited capacity to act and are of legal age or are acting with the consent of such persons, as well as at legal entities, each with their place of residence or registered office in a country that is available for selection when ordering or in which the provider operates a store.
1.2 The offer in the store, including advertisements and price lists, is subject to change and non-binding. The offer in the store is not a contractual offer. Information in the store, including photographs and illustrations, do not constitute guaranteed characteristics.
1.3 Orders are binding for customers, including orders placed by e-mail and telephone or on site in a store. Orders are considered a binding contractual offer to the provider. Customers receive a non-binding confirmation of orders from the Supplier. The contract with the supplier is only concluded upon notification that the goods are ready for collection or upon dispatch.
2 Collection and delivery
2.1 The provider shall inform the customer in a suitable form of the collection and delivery options available. The Provider is entitled, at its own discretion and without giving reasons, not to offer collection and delivery options - including to individual customers - or to offer them only under certain conditions.
2.2 The Provider shall inform customers in an appropriate manner about collection and delivery times and availability. Information on collection and delivery periods and availability is non-binding unless it is expressly designated as binding. Collection and delivery periods may change at any time, in particular due to delays at the supplier's suppliers. The supplier is entitled to make partial deliveries and to make partial orders available for collection.
2.3 The Provider is entitled to set a deadline for the collection or acceptance of an order. If the collection does not take place on time, a customer refuses to accept the order or the delivery cannot take place due to an incorrect, non-deliverable or incomplete delivery address, the Provider is entitled, at its own discretion, to withdraw from the contract or to (re)deliver the order free kerbside at the customer's expense and to charge a handling fee in each case. The Provider is entitled, at its own discretion, to charge a handling fee amounting to a flat rate of 30.0% of the order value or compensation for the actual handling.
2.4 Provision for collection and deliveries shall be at the risk and expense of the customer. For customers outside Switzerland, import duties (taxes and customs duties) and fees for customs clearance may be incurred. The risk shall pass to the customer as soon as the consignment has been handed over by the supplier to the transport company or made available for collection. The Provider is entitled, at its own discretion, to waive the delivery costs or to stipulate that the delivery costs are included in the price. The Provider is entitled to charge a surcharge for small quantities.
2.5 Collections are only possible in advance at agreed or published times. Unless expressly agreed otherwise, deliveries shall be made free kerbside and subject to accessibility.
2.6 Customers are obliged to check collected or delivered goods immediately for defects, correctness and completeness. Slight color deviations due to the use of different materials such as ceramic and polypropylene are not considered defects. Complaints must be reported to the supplier as soon as possible, but at the latest within 14 calendar days. This also applies to defects that can only be discovered at a later date. Complaints concerning transport damage must also be reported to the transport company within the same period. The notifications must be made in a form that allows proof by text.
3 Prices and payments
3.1 Prices in the store can be adjusted at any time. The prices valid at the time of individual orders shall apply. Unless otherwise indicated, all prices in the store are inclusive of VAT and exclusive of delivery costs. Misprints and errors are expressly reserved.
3.2 The provider shall inform customers in a suitable form which means of payment are available. The Provider is entitled, at its own discretion and without stating reasons, not to offer means of payment - even to individual customers - and to make orders dependent on immediate payments as well as down payments or advance payments. The Provider is entitled to charge payment fees, for example for payments at the post office counter in Switzerland.
3.3 The Provider is entitled to clarify the creditworthiness of Customers or have this clarification carried out by authorized third parties. The Provider is entitled to assign claims against Customers to third parties, in particular for billing and collection purposes. The offsetting of customer claims against the Provider is excluded.
3.4 Unless otherwise stated, the payment period is 10 days from invoicing. If payment is not made on time, customers are automatically in default without a payment reminder. After expiry of the payment period, default interest of 5.0 % shall be charged and the Provider shall be entitled to charge a flat-rate fee of CHF 20.00 for individual payment reminders. The Provider is entitled to withdraw from contracts with defaulting customers and to refuse further orders.
3.5 Goods remain the property of the supplier until full payment has been made. The Provider is entitled to have a corresponding entry made in the retention of title register.
4. right of return and right of withdrawal
4.1 The Provider shall inform Customers in an appropriate form whether or not, and if so, to what extent, there is a right of return or right of withdrawal for defect-free goods.
4.2 If and to the extent that a right of return or right of revocation exists, the provider shall inform customers within which period and how this right of return or right of revocation can be exercised by customers.
5 Guarantee, warranty and liability
5.1 In the event of defects, the Provider shall decide at its own discretion and without giving reasons how defects are to be rectified. The statutory warranty is, if and to the extent permitted by law, completely excluded.
5.2 The Provider shall only be liable for direct damages caused by its own gross negligence or willful misconduct. Liability for third parties as well as for indirect damages and consequential damages is excluded. In particular, the Provider shall not be liable if the obligations arising from these GTC are only partially or not fully fulfilled due to force majeure. Force majeure includes, in particular, assassinations and explosions, riots, wars and unrest, lightning strikes and fires, epidemics and pandemics including the COVID-19 pandemic, nuclear accidents, magnetic storms, strikes, the restriction or interruption of power supply and telecommunications services, floods and other natural disasters, bans imposed by the authorities and unforeseen weather conditions.
5.3 The limitation of liability in accordance with these GTC shall apply irrespective of the respective legal grounds. The right is reserved to any further mandatory statutory liability, in particular for personal injury and in accordance with the applicable data protection and product liability law or towards consumers.
6. final provisions
6.1 The Provider is entitled to amend these GTC at any time. The GTC at the time of individual orders shall apply.
6.2 The Provider is entitled to have individual or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties.
6.3 These GTC shall be governed exclusively by Swiss law with the exclusive place of performance and jurisdiction at the registered office of the Provider. By way of derogation, consumers may choose between the court at their place of residence or at the registered office of one of the parties. Consumers domiciled outside Switzerland may, if necessary, invoke the law of their domicile. Consumer contracts are in particular contracts for services for normal consumption that are intended for the personal or family needs of customers.
Version: 12/21