General Terms & Conditions

Skullpot is an offer and store of the swiss company Skullz GmbH (hereinafter the "Provider") with selected goods. The general contact addresses and other 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 Customers. These GTC apply exclusively, unless otherwise expressly agreed. Individual or additional offers may be subject to supplementary or additional terms and conditions. Information about data protection can be found in the privacy policy.

1. Offer and order

1.1 The offer in the store is directed exclusively to natural persons who have unlimited capacity to act and are of legal age or act with the consent of such persons, as well as to legal persons, in each case with 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 contract offer. Information in the store, including photographs and illustrations, do not constitute warranted characteristics.

1.3.Orders are binding for customers, even when ordering by e-mail and telephone or on site in a store. Orders are considered a binding offer of contract to the provider. For orders, customers receive a non-binding confirmation from the provider. The contract with the provider comes into effect only with the notification of availability for collection or with the shipment.

2. Collection and delivery

2.1 The Supplier shall inform the Customer in a suitable manner which collection and delivery options are available. The Supplier is entitled, at its own discretion and without stating 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 the Customers in a suitable manner about collection and delivery deadlines and availability. Information on collection and delivery periods and on 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 shall be entitled to make partial deliveries as well as 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 pickup does not take place in due time, if a customer refuses acceptance or if the delivery cannot take place due to an incorrect, non-deliverable or incomplete delivery address, the Supplier shall be 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 Supplier shall be entitled, at its own discretion, to charge a handling fee in the amount of a flat rate of 30.0% of the order value or compensation for the actual handling.

2.4 The provision for collection and deliveries shall be at the risk and expense of the customer. For customers outside of Switzerland, import duties (taxes and customs) and fees for customs clearance may apply. 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 Supplier is entitled, at its own discretion, to waive the delivery costs or to provide that the delivery costs are included in the price. The Supplier is entitled to charge a small quantity surcharge.

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 as well as correctness and completeness. Slight deviations in color due to the use of different materials such as ceramics 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 reports 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 at the time of individual orders apply. All prices in the store are, unless otherwise indicated, including VAT and excluding delivery costs. Misprints and errors are expressly reserved.

3.2 The provider informs customers in an appropriate form which means of payment are available. The Supplier shall be entitled, at its own discretion and without stating reasons, not to offer means of payment - including 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, e.g. for deposits at the post office counter in Switzerland.

3.3 The provider is entitled to clarify the creditworthiness of customers or to have this clarified by commissioned third parties. The provider is entitled to assign claims against customers to third parties, in particular for billing and collection purposes. The offsetting of claims of customers against the Provider is excluded.

3.4 Unless otherwise stated, the payment period is 10 days from the date of the invoice. Customers who fail to pay on time are automatically in default without a payment reminder. After expiry of the payment period, interest on arrears of 5.0 % shall be charged and the Provider shall be entitled to charge a flat-rate handling fee of CHF 20.00 for individual payment reminders. The Supplier is entitled to withdraw from contracts with defaulting customers and to refuse further orders.

3.5 Goods remain the property of the Supplier until payment has been made in full. The Supplier is entitled to have a corresponding entry made in the retention of title register.

4. right of return and right of revocation

4.1 The Supplier shall inform the Customer in a suitable manner whether, and if so to what extent, there is or is not a right of return or right of revocation for defect-free goods.

4.2 If and to the extent that a right of return or right of revocation exists, the Supplier shall inform the Customer within what period and how this right of return or right of revocation can be exercised.

5. Warranty, guarantee and liability

5.1 In the event of defects, the Supplier shall decide, without giving reasons and at its own discretion, how defects are to be remedied. The statutory warranty, if and to the extent permitted by law, is excluded in its entirety.

5.2 The Provider shall be liable exclusively for direct damage caused by its own gross negligence or intentional acts. 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 completely fulfilled due to force majeure. Force majeure shall include, in particular, assassinations and explosions, riots, wars and civil unrest, lightning strikes and fires, epidemics and pandemics including the COVID 19 pandemic, nuclear accidents, magnetic storms, strikes, the restriction or interruption of the power supply and of telecommunications services, floods and other natural disasters, officially ordered prohibitions and unforeseen weather conditions.

5.3 The limitation of liability pursuant to these GTC shall apply irrespective of the respective legal grounds. Any further legally binding liability, in particular for personal injury and in accordance with the applicable data protection and product liability law or vis-à-vis consumers, shall remain reserved.

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 shall be 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 exclusive place of performance and jurisdiction at the registered office of the Provider. In deviation from this, consumers may choose between the court at their domicile or at the domicile of one of the parties. Consumers domiciled outside Switzerland may, if necessary, invoke the law of their domicile. Consumer contracts are deemed to be, in particular, contracts for services of normal consumption intended for the personal or family needs of customers.

Version: 12/21