Terms of Service
GENERAL TERMS & CONDITIONS FOR SKYVELL WEBSHOP
1. Scope and Contracting Party
1.1. The following general terms and conditions fully apply to all contracts concerning the sale and delivery of goods from the Skyvell Webshop under the domain www.skyvell.com concluded between Skyvell AG, Neubadstrasse 7, CH-4054 Basel, Handelsregisteramt Basel-Stadt, UID: CHE-100.166.523 (hereinafter referred to as "Skyvell") and private or business customers. Any provisions which are in conflict or different from these conditions are not applicable, unless Skyvell has previously openly agreed in writing.
1.2. Only natural persons of full age and legal entities are entitled to purchase Skyvell goods from the Skyvell Webshop.
1.3. Personal data provided within the framework of the use of this website are processed and stored in compliance with the Privacy Policy.
1.4. Through the ordering of goods from the Skyvell Webshop the customer confirms having read carefully beforehand these Terms and Conditions and the Privacy Policy and declare to be unconditionally bound by the Terms and Conditions and the Privacy Policy.
1.5. All information provided by Skyvell are valid at the time of visit of the website by the customer as product and service details, offers and prices published by Skyvell are constantly updated. Therefore, the customer is recommended that before placing an order to read the current applicable version of the Terms and Conditions and of the Privacy Policy.
2. Placing of order and conclusion of the contract
2.1. The selection of goods displayed in the Skyvell Webshop does not constitute an offer from Skyvell in the legal sense, but only a non-binding invitation tot he customer to transmit to Skyvell offers to conclude a purchase contract with respect to the goods displayed.
2.2. The goods selected by the customer are stored in the „SHOPPING CART“. By clicking on „SHOPPING CART“the customer is offered two options: He either can directly „PROCEED TO CHECKOUT“, or chose „EDIT SHOPPING CART“. If the client selects „EDIT SHOPPING CART“, he receives an overview of the selected goods and quantities as well as the total price incl. VAT and shipping costs. He can adjust the quantities of the selected goods or remove the goods from the «SHOPPING CART”.
By clicking „PROCEED TO CHECKOUT“, the customer arrives to the website „ADDRESS“ and is invited to log into his existing customer account or to enter his shipping and billing address. Orders are also carried out without application of a customer's account.
By clicking on „PROCEED TO PAYMENT & SHIPPING “ the customers is invited to chose his payment and shipping options.
By clicking „PROCEED TO COMPLETE ORDER “, the customer arrives to the website „COMPLETE ORDER“. Prior to the placing of the binding order, the customer has the possibility to verify and make the required adjustments of all order information. he also has the possibility to view, print and save the applicable general terms & conditions and the privacy policy. By clicking on the boxes next to the general terms & conditions and the privacy policy, the customer acknowledges the applicability.
By clicking on „BUY “, the customer submitts a binding offer to buy the goods selected in the shopping cart.
2.3. Following the order placement, the customer will receive an automatic order confirmation by e-mail which includes the order number, the list of goods ordered and the confirmation of receipt of the order at Skyvell. This automatic order confirmation does not constitute acceptance of the offer but only confirms to the customer that his order has been received by Skyvell.
2.4. Skyvell has, in its sole discretion, the right to decide whether it will accept the customers‘ offer to purchase the ordered goods or not. Any acceptance is usually notified within 14 days of receipt of the order via e-mail in the form of a delivery confirmation. The contract is only concluded through the declaration of acceptance of Skyvell issued in the form of the delivery confirmation, and is limited exclusively to the goods which are listed in such confirmation. No contract shall be concluded with respect to any goods for which a delivery confirmation has not been issued. This applies irrespective of whether funds have been charged from the customers‘ account or not. In the event that funds have been charged from the account whilst the purchase offer has not or not fully been accepted by Skyvell, then the customer will be refunded with respect to any such amounts.
3. Delivery, cancellation of non-deliverable goods, termination and transfer of risk
3.1. With the delivery confirmation, the customer will receive the tracking number through which the customer can track the status of the shipment of the goods. Unless otherwise specified, the term of delivery to the delivery address or the Click&Collect Store is usually up to 5 working days from receipt of the delivery confirmation. Terms of delivery and delivery dates are not binding. In the event of delays in delivery exceeding 30 days, the customer is entitled to accept a new delivery date or withdraw from the contract.
3.2. Skyvell is not obliged to keep the entire range of goods in the Webshop permanently available. If the goods displayed on the Webshop are temporarily or permanently unavailable or temporarily or permanently not deliverable due to force majeure or due to other reasons for which Skyvell does not bear responsibility, then Skyvell always reserves the right to cancel the accepted order with respect to the goods thus affected, or to withdraw from the contract. The customer will be informed immediately about any such step. Any payments already effected will be refunded within 14 days from cancellation of the orders, contract withdrawal, or dissolution of the purchase contract. The refund will be made in the same form of payment used in the original transaction. Any further claims, in particular claims for damages, are exclude
3.3. The risk of accidental loss or deterioration of the goods sold is transferred to the customer with the handover of the goods to the customer or to the recipient designated by the customer.
4. Prices and shipping costs
4.1. All prices published on the websites are final prices and thus include the statutory VAT valid at the time of ordering. The respective shipping costs in case of deliveries and any additional costs are visible in the shopping cart and will be added to the order, in case the customer is subject to such costs.
4.2. If the prices of certain goods ordered are manifestly wrong, then Skyvell has the right to cancel the placed order. The customer has then the option to order anew the goods at the correct price.
5. Payments
5.1. Skyvell offers exclusively the payment methods listed in the ordering process. Skyvell reserves the right to exclude certain payment methods.
5.2. Payments by credit card are subject to validation checks and authorization by the customers‘ financial institution. By clicking "PROCEED TO COMPLETE ORDER", the customer confirms to be the rightful owner of the used credit cards. The possibility to complete the order and the authorisation of the chosen payment method is subject to the outcome of the verification process
5.3. The customer shall bear all costs related to the financial transaction.
5.4. Upon approval of the payment method by Skyvell the customer’s account will be charged with dispatch of the delivery confirmation.
6. Retention of title
6.1. Until full payment of the purchase price the goods supplied remain the property of Skyvell.
6.2. Pledges, assignments or other encumbrances of the goods owned by Skyvell are not allowed. If third parties seize the goods, the customer is obliged to point out the ownership of Skyvell and to immediately notify Skyvell in writing.
7. Right of withdrawal for private customers
The customer has the right to withdraw from the contract concluded in accordance with the following information on the right of withdrawal:
a) Information on right of withdrawal:
The customer has the right to cancel the declaration of acceptance of the contract without stating a reason within fourteen (14) days. The stated period of time starts on receipt of the goods at the recipient. The customer has to exercise the right of withdrawal by means of a clear declaration (e.g. by fax, email, letter, electronic return process). To comply with the stated withdrawal period it is sufficient to dispatch the notice of withdrawal or the goods in time.
The notice of withdrawal is to be sent to:
RHIEM Services GmbH
Tor 5-7 (ACAT/Skyvell)
Zunftweg 16
D-46562 Voerde
Telefone: +49 7621 1543-70044
E-mail: service@skyvell.com
In case of cancellation by returning the goods, the goods are to be sent in their original packaging and with the corresponding label to the above adress.
b) Consequences of withdrawal:
In the event of an effective cancellation Skyvell will refund the received payment including the original delivery costs without delay, but at the latest within 14 days of receipt of the notice of withdrawal. Additional costs incurred to the customer by selecting another delivery method than standard delivery are not refunded. Skyvell is using the same means of payment for the refund the customer has used for the payment of the goods, unless Skyvell has specifically agreed otherwise.
The customer must send back the goods to Skyvell no later than 14 days after having received the notice of withdrawal. Standard return costs are covered by Skyvell. Skyvell has the right to refuse to make the refund until it has received the goods or the customer has provided prove that the goods are sent back.
The customer must not reduce the value of the goods the customer wishes to return. The customer has to provide compensation for such reduced value if the deteriorated condition is the result of the handling of the goods exceeding the usual verification of the characteristics, quality and functioning. Verification of the characteristics, quality and functioning is understood as testing and fitting the goods the way it is possible und normal in a retail store.
c) Exclusion of withdrawal:
The right of withdrawal does not apply inter alia to contracts: - for the delivery of sealed products which for reasons of public health a return is not appropriate, and the customer has removed the seal after delivery (such as underwear, swimwear, socks, caps, etc.), - for the delivery of goods which are not prefabricated and for which the fabrication an individual selection or modification is decisive, or which are clearly tailored to the customer’s personal needs.
End of the information on right of withdrawal.
8. Warranty
8.1. The customer can invoke the statutory warranty regulations for defects of the goods, unless otherwise agreed. Any defects have to be notified to Skyvell without delay.
8.2. Any warranty is excluded if the cusomer has caused a defect through modification of the goods.
8.3. Skyvell declines any warranty with respect to the accuracy and security of any information transmitted or retrieved from its website. Similarly, no warranty - implied or otherwise - is assumed for any information published on the website with respect to the goods, such as their descriptions, colours, materials, texture, quality, etc. Any deviations in this respect do not constitute defects.
9. Liability and limitation of liability
9.1. Skyvell is fully and exclusively liable (1) for damages which have been caused by intent or gross negligence, (2) whenever Skyvell has maliciously concealed a defect, (3) if a specific guaranteed feature is missing, (4) in the event of injuries to life, body or health, or (5) for claims under mandatory product liability laws. In the event of a breach of substantial contractual obligations, the compensation shall be limited to such damages which were foreseeable and typical to the contractual relationship at issue upon conclusion of the contract (substantial contractual obligations are those the fulfillment of which allows the proper execution of the contract and on the compliance of which the customer may rely on a regular basis). To the extent that Skyvell has issued with respect to the goods or parts thereof a quality and/or durability warranty, it shall be liable under such warranty.
A liability of Skyvell which would go beyond what is described in the preceding paragraph is expressly excluded, irrespective of the nature of the claim asserted.
9.2. To the extent that the liability of Skyvell is excluded or limited, such exclusion or limitation also extends to its legal representatives and vicarious agents, to the extent that the customer would assert any claims against them.
10. Intellectual property rights
10.1. The contents of the website, including the text, images, photographs, graphics, sounds, etc. (hereinafter referred to as "design elements") and the software are protected by copyright. The copyrights and trademarks and all other intellectual property rights with respect to the design elements and goods published in the Skyvell Webshop are the property of Skyvell or of its licensors. The intellectual property rights may be reproduced, published, transmitted, modified, or used in any other way only by Skyvell or its licensees, unless the use by third parties has been previously expressly approved in writing by the legitimate owner.
11. Assignment of rights and obligations
11.1. Skyvell has the right at all times to assign or to transfer its rights and duties under the contracts with the customer, in whole or in part, to third parties.
11.2. The customer is not entitled to transfer, assign or encumber, wholly or in part, any rights or obligations under the contracts with Skyvell to third parties without the prior consent of Skyvell.
12. Severability
12.1. If any provision of these Terms and Conditions is or becomes, wholly or in part, invalid or void, or contains gaps, then this shall not affect the validity of the remainder of these Terms and Conditions.
13. Waiver
In the event that Skyvell should not insist in requesting from the customer fulfilment of the contractual obligations or should fail to exercise the rights available to it, then any such behaviour shall not constitute a general waiver. The customer shall remain bound to fulfil the contractual obligations unless Skyvell notifies the customer an express waiver in writing.
14. Privacy Policy
14.1. Skyvell assumes full responsibility for all personal information that the customer transmits when using the Skyvell Webshop. As part of its Privacy Policy, Skyvell explains how personal data are processed and protected by the company. The full Privacy Policy can be found here.
15. Special Conditions for Contracts with business customers
15.1. The rights of return or cancellation according to chapter 3 do not apply if the customer is a business customer as an entrepreneur and not a private customer as a consumer. An entrepreneur is a natural person or a legal entity or a private company entering into legal transactions that fall within the scope of their commercial or independent business activities.
15.2. In deviation to cl. 8, warranty within the bounds of business transactions is limited as follows:
a) The warranty period is limited to 12 months.
b) The warranty granted by Skyvell to business customers is subsidiary to that granted by the supplier. For this purpose, Skyvell shall herewith transfer to the business customer all warranty claims against the manufacturer/supplier in relation to the goods and/or documents or other user instructions that are the subject of the contract. The business customer approves this concession. As a consequence, the business customer shall initially make all warranty claims to the manufacturer/supplier. Any claims under warranty against Skyvell shall be suspended for the duration of such legal action. Skyvell shall provide the business customer with all contractual documents and information regarding the contractual partner that is required for such legal action. The warranty provided by Skyvell shall come back into force once the claims of the manufacturer/supplier provide no chance of success due to legal reasons or degeneration of assets through insolvency, non-traceability, legal limitations or existing contrary rights.
15.3. The business customer shall check the object of purchase for deficiencies immediately on receipt and complain about any deficiencies identified immediately.
15.4. The liability of Skyvell due to any legal reason is limited tot he value of goods or services supplied. All further liability for compensation is excluded, and liability without culpability is excluded at all times. Liability according to product liability law remains unaffected by this.
15.5. The business customer can only offset against claims by Skyvell with undisputed claims or claims recognised by declaratory judgement.
15.6. The business conditions of business the customer only apply when they have exclusively been approved by Skyvell in writing.
15.7. The place of performance is Voerde/Germany and the place of jurisdiction is Basel/Switzerland.
16. Applicable law
16.1. Any contract between Skyvell and the customer is subject to Swiss law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of any other intergovernmental convention is excluded.