Terms and conditions
The online shop www.sharkbodygrooming.com is an offer from ME Personal Care Ltd, via Valresa 52d, 6645 Brione s. Minusio, Switzerland.
These terms (the “Terms”) govern your use of the sharkbodygrooming.com website (the “Site”). Read the terms carefully as they affect your legal rights and obligations. If you do not agree to these terms, please do not access or use the website. If you have any questions about these provisions, please contact us.
By using the website, you agree to comply with these terms.
We reserve the right to: update these Terms from time to time. You will be notified of any changes by appropriate notice on the website. It is your responsibility to check for such changes. The changes apply to the use of the website from the time of their publication. If you do not wish to accept the new terms, you should refrain from further use of the website. If you continue to use the website after the change has come into effect, your use of the website will indicate that you agree to the new terms and conditions;
modify, temporarily or permanently discontinue or remove this website and its content (or any part thereof) without notice. You agree that we will not be liable to you for any modification or discontinuance of the Website or removal of any Content.
You warrant that: the mandatory information regarding the personal data at your registration is true, accurate, current and complete in all respects and that you are not impersonating any other person or entity; the products purchased on the website are intended solely for private and domestic use and not for resale. You undertake to notify us immediately of any changes to personal data by emailing our customer service at: email@example.com to inform.
We treat all your personal data confidentially and only use it for our own purposes.
When you make purchases on this website, we ask you to provide personal information so that we can identify you. This includes your name, email address, billing address, shipping address, credit card number or other payment information.
5. Protection of your data
In order to ensure that your credit card is not used without your consent, your name, address and other personal data communicated to us during the ordering process will be compared with the relevant third-party databases.
We take the risk of internet fraud very seriously. With the increase in fraudulent credit card transactions, we are doing our best to ensure that all orders are properly verified against the information already provided. We may contact you for further security checks and we ask for your cooperation so that we can carry them out. We do not tolerate fraudulent transactions and will report them to the relevant authorities.
By accepting these Terms, you consent to the conduct of such reviews. As part of the checks, the personal data you provide may be passed on to an approved credit agency, which may have a record of this information. Rest assured that this is done solely to confirm your identity. A credit check is not carried out and your creditworthiness remains unaffected. All information you provide will be treated securely and in strict compliance with the provisions of the Federal Data Protection Act.
6. Compliance with the laws
The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations through the Website and your use of it. you undertake no computer virus or other content designed to interfere with or disrupt or interrupt the normal operation of a computer and not to upload to or transmit through the Website any content that is defamatory, offensive or obscene.
You agree to fully indemnify, defend and hold us, our officers, our directors, our employees and our suppliers harmless from and against any and all claims, losses, costs and expenses - including reasonable attorneys' fees - arising out of your breach of these Terms and to fully indemnify, defend and hold us harmless from any further damages resulting from your use of this website or from any other person accessing the website using your personal information.
8. Links to third-party content
The Website may provide links to other websites or to customer content that is beyond our control. Please note that we are not responsible for these websites or their content and do not review or recommend them. We shall not be liable, directly or indirectly, for the privacy practices or the content of such websites or for any damage, loss or criminal offense arising out of your use of or reliance on any advertising, content, products, materials or services on such websites or resources.
All orders are subject to acceptance and availability. If the ordered goods are not in stock, you will receive a message by e-mail (or in another form if no e-mail address was given). You will be given the option to either wait until the item is in stock or cancel your order.
Your orders will be treated as offers to us to purchase goods or services. We have the right to refuse such offers at any time. You acknowledge that any automated confirmation of receipt of your order that you may receive from us does not constitute acceptance of your offer to purchase any goods or services advertised on the Website. The contract between you and us is formed when we (i) charge your credit card, debit card or PayPal account or (ii) ship the goods to you or you start using the services. The later date shall be deemed to be the closing date.
We make every reasonable effort to ensure the security of your order and payment information. Unless we are at fault, however, we are not liable for damage that you suffer as a result of a third party gaining unauthorized access to the data that you provide when you access the website or during the ordering process.
The risk of loss or deterioration (passing of risk) passes to you upon delivery to the delivery address that you specified in the order. We accept no liability if you have provided an incorrect delivery address or if you do not pick up the products at the delivery address you provided. Notwithstanding the fact that risk of loss of or damage to the Products does not pass to you until they have been delivered to the delivery address, title to the Products will pass to you if the following event occurs: (a) the Products from us to be shipped; and (b) we receive payment for the Products.
10. Prices and payment
All prices shown include VAT (only where applicable - see below) at the applicable statutory rate and are correct at the time the information is entered into the system. However, we reserve the right to change prices at any time without notice.
Orders placed by you will be treated as an offer to purchase the goods or services from us and we may refuse any such offer at any time. You acknowledge that any automated acknowledgment of receipt of your order that you may receive from us does not mean that we accept your offer to purchase goods or services advertised on our website. The formation of a contract between you and us will take place when we (i) charge your credit or debit card or PayPal account, or (ii) dispatch the goods to you or begin providing the services (whichever is later) . At that point we will send you an email confirming that the Contract has been entered into ('Dispatch Confirmation'). The contract relates only to those goods or services that we have confirmed have shipped in the Dispatch Confirmation. We are under no obligation to deliver any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.
Payments can be made with all major credit cards. Payments will be debited from your account before the goods are dispatched or the service provided and settled with your account. If payment is made by credit card, a pre-authorization will be held to verify the card until the card issuer approves the payment.
In the unlikely event that the wrong price is displayed on the checkout page and we discover this error before accepting your order in accordance with Clause 9, we are not obliged to sell the goods at the price displayed. We always endeavor to ensure that the prices shown for the Goods on our website are accurate; however, mistakes can occasionally happen. If we discover an error in the price of any goods you have ordered we will let you know as soon as possible and give you the option of either reconfirming your order at the correct price or canceling the order. If you cancel your order and have already paid for the goods, you will receive a full refund.
You confirm that the credit card account used is your own account. All credit cards are subject to validation checks and authorization by the card issuer. If payment to us is refused or not authorized for any reason by the issuer of your card, we will not be liable to you for any delay or non-delivery.
If payment by credit card fails for any reason, we reserve the right to try the payment process again. We will notify you at least 48 hours before any further payment attempt by email to the email address you have given us. If you do not want us to try the payment process again, you must cancel your order within 48 hours of our email being sent.
Customs clearance responsibilities
You will be billed for any duties, tariffs or taxes at the applicable rate in the country of dispatch - these will be paid on your behalf by the designated courier. These clearance countries are subject to change without your notice.
By accepting these Terms, you agree that we will appoint a Designated Courier to act on your behalf as set out above and that the Designated Courier will act solely on your behalf as your direct customs representative.
11. Purchase authorization
In accordance with Swiss and German law, in order to buy goods on this website and lawfully enter into the contracts on this website, you must:
be at least 18 years old as a natural person and register under your real name, address, telephone number, e-mail address and the other requested information.
By offering to purchase goods and services, you represent to us that you are at least 18 years of age and that you authorize us to port data (including updated data), collect information from third parties, including but not limited to your credit card number or Credit reports to verify your identity, to match your credit card, to obtain initial credit card authorization, and to authorize each purchase transaction.
12. Intellectual property
The content of the website is legally protected by copyright, trademark law, industrial property rights relating to the database and other intellectual property. You acknowledge that the rights in the material and content offered as part of the website remain with us or our licensors.
You may access and display the content of the Website on a computer screen, store the content in electronic form on disk (but not store on a server or other storage medium connected to a network), make one copy of the content for your personal , non-commercial use, as long as all references to copyrights and industrial property rights remain intact. You may not otherwise reproduce, modify, copy or distribute any material or content from the Website or use it for any commercial purpose.
13. Limitations of liability
Notwithstanding anything else in these Terms, these Terms will:
Your consumer rights under German law are not affected or restricted, or our liability for death or personal injury caused by fault is excluded or limited.
We are not liable for unforeseeable damage or for the complete or partial non-fulfillment of our obligations, insofar as the non-fulfillment is caused by force majeure or the action of a third party.
The website is provided "as is" and "as available" without any representations or recommendations. We make no warranties, express or implied, in connection with the website and your use of it. You acknowledge that we cannot give any guarantees and that we are not responsible for the security or confidentiality of the website and the information communicated to you. You must bear the risk associated with using the Internet yourself.
Whilst we make every effort to ensure that the material presented on the website is accurate, reputable and of a high quality, we cannot accept responsibility if this is not the case. We are not responsible for any errors or omissions or for any results that may be obtained from the use of any such information, nor are we responsible for any technical problems you may experience with the Website. To the extent that we are notified of any inaccuracies in material on the Website, we make a good faith effort to correct them as soon as possible.
In particular, our liability is excluded in connection with the following events:
incompatibility of the website with your equipment, software or telecommunications connections, technical problems including website errors or interruptions, unsuitability, unreliability or inaccuracy of the website and failure of the website to meet your requirements.
To the maximum extent permitted by applicable law, you acknowledge that we will not be liable to you or any third party for consequential or incidental damages (both terms including, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenses, loss of confidentiality and loss of data) and shall not be liable for any other indirect, special or punitive damages arising out of or in connection with the website.
14. Delivery and charges of delivery
Shipping is by post or courier service provider. Products will be delivered to the delivery address that you have provided to us as part of the ordering process. All timeframes given are calculated by working days. The delivery times mentioned on the website are indicative, corresponding to the average times for processing and delivery. We shall not be held liable for the consequences of a delay in delivery that is not caused by us.
15. Partial invalidity
If any part of these provisions is declared illegal, void or unenforceable, the remaining provisions of these provisions shall remain unaffected and shall continue to be valid and enforceable.
No waiver by us of any rights shall be construed as a waiver of any proceeding or of any subsequent breach of any provision.
17. Entire Agreement
These terms contain the entire basis of any agreement between you and us.
18. Law and jurisdiction
These provisions are governed by and construed in accordance with Swiss law. The Swiss courts have exclusive jurisdiction for all legal disputes.