Terms of service

General terms and conditions

OVERVIEW

This website is operated by Shark Ecommerce under the corporate name "Kayf". Throughout the site, the terms "we", "us" and "our" refer to the site as a whole. Shark Ecommerce offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Use", "Terms"), including the additional terms and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the Site, including but not limited to users who are browsers, sellers, customers, merchants and/or content contributors.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any portion of the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, do 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 may view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify 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 changes. Your continued use of or access to the Site following the posting of changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with this online e-commerce platform, which allows us to sell our goods to you.

§ 1 - Basic Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence, or you 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 violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.
You may not transmit any worms or viruses or codes of a destructive nature.
Violation of any of the terms will result in immediate termination of your services.

§ 2 - The conclusion of the contract

The subject of the contract is on our part the sale of goods.
By placing the respective product on our website, we submit a binding offer to conclude a contract, subject to the terms and conditions stated in the item description.

The contract is concluded via the online shopping system or the online shopping cart system as follows:


The goods intended for purchase are placed in the so-called "shopping cart". Via the corresponding button in the menu you can call up your shopping cart and make changes there at any time. After selecting the button "Checkout", you will be taken to the ordering process. After calling the page "Checkout", entering your personal data, as well as the payment and shipping terms, your data (shipping and / or billing address, your selected payment option, as well as the shipping terms) are displayed on the order overview page. You have the option to cancel the order process at any time, as long as you have not pressed the final "Buy" button. If you use an instant payment system (e.g. PayPal/PayPal Express, Klarna Sofort) for the payment method, you will either be taken to the order overview page in our online store, or you will first be redirected to the website of the provider of your selected instant payment system. If you are redirected to the website of the provider of your selected instant payment system, you can enter your data there to complete the order. You can cancel the order process by using the "Back" function in your browser.
The processing of the order and transmission of all information required for the conclusion of the contract is partly automated via e-mail. Therefore, you must ensure that the e-mail address you have provided is correct, is not blocked by SPAM filters and that the receipt of e-mails is technically guaranteed.

§ 3 - CONTRACT LANGUAGE AND CONTRACT TEXT STORAGE

The contract language used is German. The complete contract text will not be stored by us. Before you complete the order via the online shopping cart system, you have the option through the print function of your browser or electronically to save it.After receipt of the order, the order data, the legally required information for distance contracts and the general terms and conditions are sent by e-mail.

§ 4 - GENERAL CONDITIONS

We reserve the right to refuse service to any person for any reason at any time.
You understand that your Content (other than credit card information) may be transmitted unencrypted and may involve (1) transmissions over various networks and (2) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or use any portion of the Service, use of or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

§ 5 - COMPLETENESS, ACCURACY AND TIMELINESS OF INFORMATION

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

§ 6 - CHANGES IN SERVICE AND PRICES / DISCOUNTS AND PROMOTIONS

Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Furthermore, we reserve the right to withdraw offers and/or discount promotions at any time. This does not require any notice on our part. Discounts and discount promotions may vary at any time and may be discount vouchers of a certain amount, as well as discounts on a percentage. Discounts and discount promotions are limited in time and are no longer valid after the expiration of the period set by us.

§ 7 - PRICES AND METHODS OF PAYMENT

1. the prices indicated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 2.

2. if shipping costs are incurred, they are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping is promised.

The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 4.

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

§ 8 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to represent as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the colors will display correctly on your computer monitor.
We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product prices are subject to change at our sole discretion at any time without notice. We reserve the right to discontinue any product at any time.
We do not guarantee that the quality of any products, services, information or other material purchased or received by you will meet your expectations or that errors in service will be corrected.

§ 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed by you with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may include orders placed from or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change or cancellation to an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors in our sole discretion.
You agree to provide current, complete and accurate purchase and account information for all purchases from our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
For more information, please read our Return Policy.

§ 10 - OPTIONAL TOOLS

We may provide you with access to third party tools through which we do not monitor, control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever for your use of any optional third-party tools.
Any use by you of optional tools provided on the Website is at your own risk and discretion, and you should ensure that you are familiar with and accept the terms and conditions on which tools are provided by the relevant third party providers.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms and Conditions.

§ 11 - FEEDBACK, USER COMMENTS AND OTHER SUBMISSIONS.

If you submit certain specific submissions (e.g., Contest Entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials without solicitation from us, whether online, by email, by mail or otherwise (collectively, "Comments"), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you submit to us. We are not and will not be obligated (1) to keep any Comments confidential, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation 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 in violation of any party's intellectual property or these Terms of Use.
You agree that your comments will not infringe any rights of any third party, including copyright, trademark, privacy, personal rights or any other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or malware or other computer viruses that could in any way interfere with the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.

§ 12 - PERSONAL DATA

Your submission of personal data through the Shop is subject to our Privacy Policy.

You have the possibility to create a customer account on our website by registering with your first and last name, your e-mail address and a password chosen by you. Thereby you have the possibility to see an overview of your transacted orders.

Your transmission and storage of your personal data, including during the ordering process in our online store, are subject to our privacy policy, which you can view on our website.


§ 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Website or Service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information in the Service or on any related website is inaccurate at any time without notice (including after you have placed your order).
We assume no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, unless required by law. No stated update or refresh date used on the Service or on any related website should be used to indicate that all information on the Service or on any related website has been changed or updated.

§ 14 - RETURNS AND SHIPPING

You may easily return your products within 14 days of receiving your package.
To be eligible for a return, your item must be unused and in the condition in which you received it. It must also be in its original packaging.
To complete your return, we will need a receipt or proof of purchase, which can be found on your order confirmation.

Partial refunds are available if any of the below apply.
Any item that is not in original condition, damaged, or missing something for reasons not due to our error.

Refunds
Once your return has been received and inspected, we will send you an email to let you know that we have received your return. We will also notify you of the approval or denial of your refund.
If approved, your refund will be processed and a credit will automatically be issued to your credit card or original payment method within a specified time period.

Delayed or missing refunds.
If you have not yet received a refund, first recheck your bank account.
Then contact your credit card company, it may take some time for your refund to be officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you have done all of this and have not yet received your refund, please contact us at contact@shark-ecommerce.com.

Exchanges
We will only replace items if they are defective or damaged. If you would like to exchange it for the same item, email us at contact@shark-ecomerce.com and send your item to:

Shark Ecommerce, Haardtstraße 21q, 67240 Bobenheim-Roxheim, Germany.

Shipping

You are responsible for paying shipping costs, as well as returning your item. Shipping costs are not refundable.
Depending on where you live, the time it takes for your exchanged product to reach you again may vary. Furthermore, there is a possibility that we will refund your purchase price should you prefer this to an exchange.

The processing time for shipping is usually 1-3 days. Total shipping time may vary and is usually 1-7 days domestically (Germany) and 10-35 days internationally.

Shipping time is estimated and starts from the date of shipment, not the day of order, and may be longer than expected due to invalid address, customs clearance procedures and other causes.
If your order has not arrived after a maximum of 50 days, please contact us through support.

There is a possibility due to the international shipping of your ordered goods and the country of origin that customs fees of 19% of the purchase price may be incurred upon importation and the goods must be released at customs. This can, but does not have to happen. We only inform you about the possibility. Customs duty and taxes are usually incurred from a value of goods of about twenty-two euros. The customs is free to destroy plagiarism suspicious products (this usually refers to watches), should this be the case, you have the option to forward the notification of customs to us. In this case We will refund the purchase price of the product paid by you to Us.

§ 15 - PAYMENT IN ADVANCE

We offer on our website the possibility to pay in advance the amount due to us. You can do this, for example, via online banking or also with a transfer slip at your bank. We would like to point out that for your and our protection we will not process the order until the amount has been credited to our account in order to prevent errors on your or our part.

If the amount is not received in our account within 14 days from the date of purchase, we reserve the right to cancel the order. Of course, this will not incur any costs for you.

You are responsible for verifying the account information provided before transferring any amount. We are not liable for any input errors on your part that result in payments due being transferred to incorrect accounts not held by us.

As it is currently not possible for us to permanently check our bank account for incoming payments from our customers, there may be delays in our confirmation email regarding your incoming payment.

As a rule, incoming payments to our account are checked around 12:00 noon and 18:00 in the evening. Accordingly, your received payment can also be confirmed by us only on the following day. If you have not received a confirmation email after 3 days from the time you transferred the amount, please contact our support in the form of an email to contact@shark-ecommerce.com.

To our account:

Recipient: Shark Ecommerce

IBAN: DE23 5455 0010 0030 0186 67

BIC: LUHSDE6AXXX

Reason for payment: Your order number (example: #KF12345)



§ 16 - DISCLAIMER AND LIMITATION OF LIABILITY

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
You agree that we may from time to time remove the Service for an indefinite period of time or terminate the Service at any time without notice.
In no event will our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the Services or any Products procured through the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of the Service, or any Content (or Products) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those states or jurisdictions, our liability is limited to the maximum extent permitted by law.

§ 17 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) solicit others to engage in or participate in any unlawful activity; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or other types of malicious code used in any manner that interferes with 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, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; 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.

§ 18 - INDEMNIFICATION

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

§ 19 - SEVERABILITY

In the event that any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, and such provision shall not affect the validity and enforceability of any other remaining provisions.

§ 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.
These Terms and Conditions will continue in effect unless terminated by 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 if you discontinue using our website.
If, in our sole discretion, you have violated or we suspect that you have violated any term or provision of these Terms and Conditions, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date; and/or may accordingly deny you access to our Services (or any portion thereof).

§ 21 - ENTIRE AGREEMENT.

The failure of us 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 and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

§ 22 - GOVERNING LAW

These Terms and Conditions and any separate agreements which we provide to you as services shall be governed by the laws of Shark Ecommerce.

§ 23 - CHANGES TO THE TERMS OF USE

You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service at any time by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

§ 24 - CONTACT INFORMATION

If you have any questions regarding the Terms of Service, please contact us at info@shark-ecommerce.de.

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