General terms and conditions of business

GENERAL TERMS AND CONDITIONS OVERVIEW

This website is operated by SWISSskulls, a division of Skullstore GmbH. Throughout the website, the terms "we," "us," and "our" refer to SWISSskulls. SWISSskulls offers this website, including all information, tools, and services available on this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our website and/or purchasing something from us, you are using our "Service" and agreeing to be bound by the following terms and conditions ("Terms," ​​"Terms"), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including but not limited to users who are visitors, vendors, customers, merchants, and/or content creators. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions. Any new features or tools added to the current store will also be subject to the terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change, or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use or access of the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have given us your consent to allow your minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose, nor may you, through the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You may not transmit any worms, viruses, or other code of a destructive nature. Any breach of or violation of any of these Terms and Conditions will result in the immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to any person at any time for any reason. You understand that your information (other than credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contacts on the website through which the Service is offered, without our express written consent. The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete, or up-to-date. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without examining primary, more accurate, more complete, or more current sources of information. Any reliance placed on the material on this website is strictly at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your convenience only. We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO PERFORMANCE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice. Shopify is not liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.

SECTION 5 - PRODUCTS OR SERVICES

(If applicable) Certain products or services may be available only online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color accurately. We reserve the right, but are not obligated, to limit the sales of our products or services to certain persons, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not guarantee that the quality of products, services, information, or other materials purchased or acquired by you will meet your expectations, or that errors in the service will be corrected.

For a complete return of all ordered products, you will be charged the shipping costs as well as additional restocking fees of 3–10% (depending on the product). Partial returns are free of charge, provided the return shipment is handled by us. You will automatically receive the tracking number by email with the return confirmation.

SECTION 5a BUYER'S LEGAL RESPONSIBILITY DURING SHIPPING AND IMPORT

The buyer is solely and fully responsible for informing himself about the applicable legal provisions, import, customs, species protection, animal welfare, veterinary, disease and other official regulations in his respective destination or recipient country before completing the order.

• This applies in particular, but not exclusively, to:
• Species protection regulations (e.g. national laws, EU law, CITES),
• veterinary and disease control requirements,
• Customs and import regulations,
• Restrictions on possession, trade and use of animal preparations, hunting products or animal body parts.

The seller assumes no liability for whether the ordered products may be imported, possessed, transferred, or used in the buyer's country of destination. Placing an order does not constitute legal review or approval by the seller.

If, due to legal or regulatory requirements, the goods are detained, seized, destroyed, or otherwise taken by customs, veterinary, or other authorities, the buyer shall bear all resulting costs, risks, and losses. In such cases, a refund, return, or replacement is excluded.

By completing the order, the buyer expressly confirms that he has informed himself about the legal situation in his country and that the goods may be legally imported and possessed there.

SECTION 6 - ACCURACY OF INVOICE AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. For further details, please see our return policy.

SECTION 6a – DEFAULT OF PAYMENT, REMINDERS AND ENFORCEMENT

Unless otherwise agreed, the invoice amount is due without deduction within the payment period specified on the invoice.

If the customer defaults on payment, the seller is entitled to charge reminder fees and default interest.

The late payment fees are structured as follows:

• First reminder: free of charge
• 2nd reminder: CHF 10.–
• 3rd reminder: CHF 30.–

From the moment a payment is overdue, a default interest rate of 5% per year will be charged in accordance with Art. 104 of the Swiss Code of Obligations, unless a different interest rate has been agreed upon.

If payment is not received even after the third reminder, the seller is entitled to take legal action without further notice, in particular debt enforcement proceedings in accordance with the Swiss Debt Enforcement and Bankruptcy Act (SchKG).

All costs, fees, expenses, and processing and administrative costs incurred in connection with the debt collection process shall be borne entirely by the customer. This also applies to costs arising from the transfer of the case to debt collection agencies or legal service providers.

The seller also reserves the right to withhold further services or not release completed work until full payment has been received in the event of ongoing payment default.

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, control, nor have any influence. You agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools. Any use of additional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which the tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit certain types of submissions (e.g., competition entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials online, by email, by post, or otherwise (collectively referred to as "Comments"), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are not and will not be obligated to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments. We may, but are not obligated to, monitor, edit, or remove any content that we determine, in our sole discretion, to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions. You agree that your comments will not violate any rights of any third party, including but not limited to copyright, trademark, privacy, or personality rights, or any other personal or proprietary rights. You further agree that your comments will not contain libelous, defamatory, or otherwise unlawful, abusive, hateful, or obscene material, or computer viruses or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of comments. You are solely responsible for your comments and their accuracy. We are neither responsible nor liable for comments posted by you or third parties.

SECTION 10 - PERSONAL DATA

The transmission of personal data via the shop is subject to our privacy policy. Please read our privacy policy for details.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, and omissions, and to change or update information or cancel orders at any time without prior notice (even after you have placed your order) if any information regarding the service or any related website is incorrect. We undertake no obligation to update, amend, or clarify information regarding the service or any related website, including, but not limited to, pricing information, except as required by law. Any update dates provided regarding the service or any related website should not be interpreted as indicating that all information regarding the service or any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content for the following purposes: (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that will in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY

We make no warranty, guarantee, or representation that the use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. You agree that we may remove the service indefinitely or discontinue it at any time without notice to you. You expressly agree that the use of, or inability to use, the service is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, resilience, title, or non-infringement. In no event shall Skullstore, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise arising out of the use of the Service. We are not liable for any damages arising from the service or products obtained through the service, or for any other claims related in any way to the use of the service or any product, including but not limited to errors or omissions in content, or any loss or damage of any kind resulting from the use of the service or content (or products) posted, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such loss or damage. Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such countries or jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify, defend and hold harmless Skullstore and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms and Conditions or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY CLAUSE

Should any provision of these Terms and Conditions be found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these Terms and Conditions, with such determination having no effect on the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes. These Terms and Conditions remain in effect until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or by ceasing to use our website. If, in our sole discretion, you fail to comply with any provision of these Terms and Conditions, or if we suspect such a failure, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and offers, oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These General Terms and Conditions and any separate agreements under which we provide you with services are subject to and shall be construed in accordance with the laws of Fabrikstrasse 19, Kaltbrunn, St.Gallen, 8722, Switzerland.

SECTION 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use or access to our website or service after changes to these Terms and Conditions have been posted constitutes your acceptance of those changes.

SECTION 20 – SERVICE

The services provided by Partner+ in the context of bone preparation are subject to the following conditions:

All work is carried out at the client's risk. We exclude all liability. This disclaimer is necessary due to the natural variations in game and trophy quality, as well as the potential risk of improper storage or unprofessional preparation of the raw material. Occasionally, previously undetected damage, such as invisible injuries or accidental damage, may occur during the preparation process, negatively impacting the quality of the final product or, in rare cases, even leading to the complete failure of the preparation.

Orders received without a completed form or order confirmation will be considered a donation and cannot be subsequently removed.

Or: If the owner does not respond within 100 days of invoicing and does not reply to postal reminders or payment notices, the order will be auctioned off due to accrued storage costs.

SECTION 21 – CONTACT DETAILS

Questions regarding the terms and conditions should be directed to us at info@skullstore.ch.