Terms & Conditions of SHAKA eyewear
1. Scope
The use of this website and the business relations between SHAKA eyewear, c/o iEvolution GmbH, Roosweidstrasse 6,8832 Wollerau and its customers are subject to the following General Terms and Conditions (AGB) in the version currently available and valid when calling up the website or ordering goods. The offer on this website is aimed exclusively at customers resident in Switzerland.
A customer is any natural and legal person who maintains business relations with SHAKA eyewear. The general terms and conditions, the terms of delivery and payment as well as the data protection regulations may change from time to time. SHAKA eyewear asks you to read these terms and conditions carefully each time you visit the website and order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of SHAKA eyewear in order to be valid. By using this website or placing an order for goods, the customer confirms that he fully accepts these terms and conditions including delivery and payment conditions.
Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is SHAKA eyewear (Legal Notice).
2. Information on this website
SHAKA eyewear contains information about products and services. Price and assortment changes as well as technical changes are reserved. All information on shaka-eyewear. com (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and do not represent any warranty of properties or guarantees, unless it is explicitly stated otherwise. SHAKA eyewear makes every effort to provide accurate, complete, up-to-date and clear information on this website. However, SHAKA eyewear can neither expressly nor implicitly guarantee this.
All offers on this website are subject to change without notice and do not constitute a binding offer.
SHAKA eyewear cannot guarantee that the listed products are available at the time of ordering. Therefore, all information on availability and delivery times are subject to change without notice.
3. Prices & VAT
The prices quoted by SHAKA eyewear do not include the statutory value added tax, except for customers from Switzerland. For shipping to Switzerland the prices are inclusive of VAT.
SHAKA eyewear sends free of charge worldwide from an amount of 100 CHF, 90 EURO or 110 USD.
SHAKA eyewear reserves the right to make technical changes, errors and misprints without prior notice. In particular, SHAKA eyewear is entitled to make price changes at any time. The sales prices do not include consulting and support services.
4. Contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from SHAKA eyewear. By placing an order via this website, including the acceptance of these General Terms and Conditions of Business, the customer submits a legally binding offer to conclude a contract. SHAKA eyewear then sends an automatic “order confirmation” by email, which confirms that the customer’s offer has been received by SHAKA eyewear. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as SHAKA eyewear sends a declaration of acceptance by email confirming the shipment of the ordered products or services.
Orders will only be delivered after receipt of full payment (exception: delivery against invoice) and as far as the goods are available. SHAKA eyewear is entitled to withdraw from the entire contract or from one part of the contract if, after conclusion of the contract, it turns out that the ordered goods cannot or cannot be delivered in full, and if the payment of the customer has already been received by SHAKA eyewear, the payment will be refunded to the customer. If no payment has been made, the customer is released from the obligation to pay. SHAKA eyewear is not obliged to make a replacement delivery in the event of a contract termination.
5. Payment options and retention of title
Payment options and retention of title
The payment options specified in the order process are available to the customer.
SHAKA eyewear reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons.
SHAKA eyewear may charge default interest of 5% per year and a reminder fee of CHF 20.00 per reminder if the customer is in arrears.
The products delivered to the customer remain the property of SHAKA eyewear until full payment has been made.
6. Delivery, inspection, notification of defects and return
Deliveries will be sent by post or courier to the address specified by the customer in the order. Invoices are issued by email or by post. With the dispatch, the use and risk shall pass to the customer as far as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, SHAKA eyewear can terminate the contract after notification of a complaint by email to the customer and setting a reasonable period of time as well as charge the costs for the handling.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify SHAKA eyewear of any defects for which SHAKA eyewear warrants immediately in writing by letter or email to the address in the (Legal Notice) advertisement.
Returns to SHAKA eyewear are made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address stated by SHAKA eyewear in the Legal Notice.
SHAKA eyewear is entitled to charge the customer for the handling, return or possible disposal of the goods if it becomes clear during the examination by SHAKA eyewear that the goods do not show any detectable defects or if these do not fall under the manufacturer’s warranty.
7. Withdrawal
The customer shall be granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline shall be deemed to have been met if the customer sends the written cancellation by email or letter (Legal Notice) to SHAKA eyewear within the deadline. The revocation does not require any justification.
Exercising the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address indicated by SHAKA eyewear in the (imprint). Returns to SHAKA eyewear are made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if SHAKA eyewear has already received the goods or the customer can provide proof of shipment.
SHAKA eyewear reserves the right to claim appropriate compensation for damage, excessive wear and tear or depreciation due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
(i) If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence.
(ii) If the subject matter of the contract is a movable object which, due to its nature, is not suitable for return or can spoil quickly;
(iii) If the subject matter of the contract is a movable object made according to the specifications of the consumer or clearly tailored to personal needs;
(iiii) If the subject matter of the contract is digital content and this content is not made available on a fixed data carrier or if the contract is to be fulfilled immediately by both contracting parties in full;
(v) If the subject matter of the contract is a service and the contract has to be fulfilled in full by the provider with the prior express consent of the consumer before the revocation period expires.
(vi) In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes at the time of conclusion of the contract to provide the services at a specific time or within a specified period.
8. Warranty
SHAKA eyewear strives to deliver goods of impeccable quality. In the event of timely notification of defects, SHAKA eyewear shall, during the statutory warranty period of generally two years from the date of delivery, assume the warranty for the faultlessness and functionality of the item purchased by the customer. SHAKA eyewear reserves the right to make a warranty by repair, replacement or reimbursement of the purchase price free of charge at SHAKA eyewear’s discretion. Further claims are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties or defects due to external circumstances. The warranty for consumables and wearing parts (e. g. batteries, accumulators, etc.) is also excluded.
SHAKA eyewear it is not possible to give any assurances or guarantees for the topicality, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, SHAKA eyewear does not warrant or guarantee that the use of the website does not infringe any rights of third parties who are not in possession of SHAKA eyewear.
9. Liability
SHAKA eyewear excludes any liability, irrespective of its legal basis, as well as claims for damages against SHAKA eyewear and any auxiliary persons and vicarious agents. In particular, SHAKA eyewear shall not be liable for indirect damage and consequential damages, loss of profit or other personal injury, damage to property and pure financial losses of the customer. We reserve the right to further mandatory statutory liability, for example for gross negligence or unlawful intent.
SHAKA eyewear only uses hyperlinks to facilitate the customer’s access to other websites. SHAKA eyewear cannot know the content of these websites in detail, nor can SHAKA eyewear assume any liability or other responsibility for the content of these websites.
10. Data Protection
SHAKA eyewear may process and use the data collected within the scope of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of services can also be passed on to contracted service partners (logistics partners) or other third parties.
Further data protection regulations are available at the following link: Privacy Policy
11. Further instructions
SHAKA eyewear expressly reserves the right to amend these General Terms and Conditions at any time and to enact them without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
The place of jurisdiction is Wollerau, Schwyz, as far as the law does not stipulate mandatory places of jurisdiction.
12. Contact
If you have any questions about these terms please contact: Legal Notice
(SHAKA eyewear, Version 01.10.2017)