Terms of service

General Terms and Conditions and Customer Information

1. General Terms and Conditions

• 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (sknife ltd) via the https://www.sknife.com/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

• 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and are not a binding offer to conclude a contract.

(2) You can submit a binding offer to purchase (order) via the online shopping basket system.

In doing so, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview. 

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order. 

By sending the order via the corresponding button ("order subject to payment", "buy" / "buy now", "order subject to charge" or similar designation), you submit a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) shall take place immediately after the order by means of a confirmation in text form (e.g. e-mail) in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

• 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed. 

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

(4) Insofar as stated in the respective offer, you will receive a draft correction from us which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).

The design work will not be carried out without your approval.

You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.

• 4 Special agreements on payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout".

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

• 5 Right of retention, reservation of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

• 6 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is two years from delivery of the goods. The shortening of the period shall not apply

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;

- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

• 7 Choice of law, place of performance, place of jurisdiction

(1) Swiss law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Switzerland or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

• 8 Sale of weapons

(1) In the sale of goods which are covered by the Weapons Act, we only enter into contractual relationships with customers of legal age.  

In the case of goods which are listed in Annex 2 of the Weapons Act as requiring a permit, you must also provide proof that you possess a valid permit under weapons law (acquisition permit). 

In the case of goods listed as prohibited in Annex 2 of the Weapons Act, you must also provide proof that you possess a valid exemption permit in accordance with Section 40 (4) of the Weapons Act. 

These sales restrictions are referred to in the respective item descriptions as follows: "Sale only to persons over 18 years of age", "Sale only to holders of an acquisition permit", "Sale only to holders of an exemption permit".

(2) By submitting your order, you warrant that you are at least 18 years of age and that your name and address are correct. You further undertake that only you will take receipt of the goods upon delivery.

(3) We instruct the logistics service provider commissioned with the delivery to hand over the goods to you only after checking your age and identity. 

In the case of goods that are listed in Appendix 2 of the German Weapons Act (WaffG) as requiring a permit, you must also provide the logistics service provider with proof of your purchase permit before handing over the goods. 

In the case of goods that are listed as prohibited in Annex 2 of the Weapons Act, you must also provide the logistics service provider with proof of your exemption permit before handing over the goods. 

The sknife pocket knife is not considered a weapon in Switzerland. For import into other countries, the end consumer is obliged to comply with the legal regulations. 

 

II. Customer information 

1. Identity of the seller

sknife ltd

Neuengasse 5

CH-2502 Biel

Switzerland

Phone: +41 32 322 97 55

E-mail: info@sknife.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3 In the case of quotation requests outside of the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. For customers from Switzerland, only prices in Swiss francs (CHF) including VAT shall apply. For customers outside Switzerland, Swiss VAT will be deducted. Customs clearance and VAT of the importing country shall be borne by the end customer.

5.2 There are no shipping costs.

5.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. 

5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipment shall be at your risk.

 

7. Statutory liability for defects 

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 01.01.2022