Terms and conditions

§ 1 Scope and Definitions

1.1 These General Terms and Conditions (hereinafter «Terms») apply to all orders, contracts, deliveries and other services concluded via the online shop operated under the domain inkshop.ch as well as any subdomains and associated sales channels (hereinafter «Shop») between the provider (§ 2) and the customer (hereinafter «Customer», «You» or «Purchaser»).

1.2 Only the version of these Terms valid at the time of order shall apply. Any conflicting, deviating or supplementary general terms and conditions of the Customer shall not become part of the contract, even if the provider does not expressly object to them or executes the delivery without reservation in knowledge of such conditions, unless their application has been expressly approved in writing.

1.3 A «Consumer» is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An «Entrepreneur» is any natural or legal person or legally capable partnership that acts in the exercise of their commercial or independent professional activity at the time of concluding the legal transaction.

1.4 All personal, functional and professional designations used in these Terms shall apply equally and independently of gender to all genders.

§ 2 Provider and Contracting Party

2.1 The operator of the Shop and sole contracting party for all contracts concluded via the Shop is the sole proprietorship Babala Özdemir registered in the Commercial Register of the Canton of Basel-Landschaft (UID CHE-322.105.560), proprietor Ares Ege Özdemir, trading under the brand and name «InkShop», with registered office at Unterer Rainweg 22, 4414 Füllinsdorf, Switzerland (hereinafter «Provider»).

2.2 You can reach the Provider for all inquiries, statements, complaints and notifications at the email address hello@inkshop.ch as well as via WhatsApp or SMS at +41 76 792 63 50 (no calls). The correspondence language is German.

2.3 The Provider is entitled to engage third parties (in particular logistics, payment and procurement partners) to fulfill its contractual obligations.

2.4 All claims, complaints and legally relevant statements by the Customer – in particular complaints about defects, reminders, loss reports, requests for withdrawal and refunds – must be submitted in writing by email to hello@inkshop.ch or by mail to Babala Özdemir, InkShop, Unterer Rainweg 22, 4414 Füllinsdorf. The date of receipt of the email or postmark shall be decisive. Notifications via WhatsApp, SMS, telephone or via third-party platforms are only preliminary non-binding information and do not preserve deadlines.

§ 3 Customer Account, Registration and Access Data

3.1 Orders can be placed – to the extent offered – both with and without opening a customer account. When setting up a customer account, the requested information must be provided truthfully and completely and updated promptly in the event of changes.

3.2 The customer is obliged to keep their access data, in particular their password, confidential and to protect it from access by unauthorised third parties. The customer is liable for all actions carried out using their account, insofar as they are responsible for them.

3.3 The provider reserves the right to temporarily block or permanently delete customer accounts if there is good cause, in particular for violations of these Terms and Conditions, misuse or suspected unlawful conduct.

3.4 There is no entitlement to the opening or maintenance of a customer account.

§ 4 Offer, Ordering Process and Conclusion of Contract

4.1 The presentation and promotion of products in the shop does not constitute a legally binding offer, but rather a non-binding invitation to the customer to make an offer (invitatio ad offerendum). Errors, printing, typographical, representation and transmission errors are expressly reserved.

4.2 By clicking the final button in the ordering process ("Pay now" or equivalent), the customer makes a binding offer to conclude a purchase agreement for the items in the shopping cart. The customer is bound by this offer for a reasonable period.

4.3 An automatically generated confirmation of receipt (e.g. by e-mail) following receipt of the order merely documents the receipt of the order by the provider and does not yet constitute acceptance of the offer.

4.4 The purchase agreement is concluded only when the provider expressly confirms the order, demonstrably sends the goods for shipment or unconditionally accepts payment and initiates delivery. Until this point, there is no binding contract.

4.5 Acceptance clause: The provider is not obliged to accept an offer from the customer and may reject the acceptance of an order in whole or in part without giving reasons. If the provider rejects an order or does not accept it within a reasonable period, no contract is concluded; any payment already made will be refunded to the customer immediately and in full without any further claims arising.

4.6 The contract text is not permanently stored by the provider in a form separately accessible to the customer. The customer is advised to save or print the order data and these Terms and Conditions at the time of ordering.

§ 5 Prices, Currency and Shipping Costs

5.1 All prices are in Swiss Francs (CHF) and are final prices. The provider is currently not subject to VAT; therefore, no VAT is shown. Shipping to Switzerland and Liechtenstein is included in the price.

5.2 The total price displayed in the shop at the time of ordering is decisive. The provider reserves the right to adjust prices at any time and without notice; such adjustment does not affect contracts already concluded.

5.3 The goods are delivered to the customer by direct shipment through our delivery partners.

5.4 Obvious pricing errors (in particular obvious typographical, decimal point, display or system errors that are recognizable as such to an averagely attentive customer) entitle the provider to withdraw according to the provisions of § 8.

§ 6 Terms of Payment and Payment Security

6.1 Payment is made exclusively via the payment methods offered in the order process. Payment processing is carried out via the specialized payment service provider Stripe and includes, depending on availability, in particular credit and debit cards, TWINT as well as Apple Pay and comparable procedures.

6.2 All payment transactions are processed via an encrypted connection (SSL/TLS). Card payments are subject, insofar as applicable, to strong customer authentication via 3-D-Secure. Complete card and payment data are processed and stored exclusively by the payment service provider and are at no time fully visible to the provider.

6.3 The purchase price claim becomes due for payment upon conclusion of the contract. The provider is entitled to make the execution of the order dependent on prior and complete receipt of payment.

6.4 If the customer defaults on a payment, the provider is entitled to charge default interest to the extent provided by law as well as reasonable reminder and collection costs.

6.5 The customer is only permitted to set off any counterclaims insofar as these have been legally established or have been acknowledged in writing by the provider.

§ 7 Retention of Title

7.1 The delivered goods remain the property of the provider until complete payment of all claims arising from the respective contract.

7.2 The customer is obligated to treat the goods with care until complete transfer of ownership.

§ 8 Right of Withdrawal and Cancellation by the Provider

8.1 The provider is expressly entitled to withdraw wholly or partly from an already concluded contract or to subsequently cancel an accepted order if it becomes apparent after conclusion of the contract that execution of the order is not possible, not possible in a timely manner or only possible under unreasonable conditions for reasons not attributable to the provider or not foreseeable with due diligence. Such reasons include, in particular, but not exclusively:

(a) obvious price, typographical, comma, display, transmission or system errors within the meaning of § 5.4;
(b) unavailability, delivery failure or delivery delay from the upstream supplier, manufacturer or procurement partner, in particular for items not held in stock;
(c) depletion of inventory, incorrect, incomplete or outdated inventory, product or price data, as well as a subsequent change or increase in the purchase or supplier price after receipt of the order;
(d) justified suspicion of abusive ordering, fraud, identity theft, payment fraud or a violation of these Terms and Conditions or applicable law;
(e) technical disruptions, data transmission errors or errors in order or payment processing;
(f) events of force majeure within the meaning of § 13;
(g) shipping, transport or import restrictions, an official withholding of the shipment or the loss of the delivery possibility to Switzerland or Liechtenstein.

8.2 If the provider exercises its right of withdrawal or cancellation, it shall inform the customer of this without undue delay after becoming aware of the obstacle in text form. Any payment already made shall in this case be refunded to the customer without undue delay and in full in the same manner in which payment was made, without any costs to the customer.

8.3 Further claims by the customer arising from a justified withdrawal or cancellation by the provider – in particular for damages, replacement delivery, delivery at an incorrect price or compensation for lost benefits – are excluded to the extent permitted by law. The provider shall, if possible, endeavour to offer the customer an equivalent alternative; however, there is no obligation to do so.

8.4 The provider's right to rely on statutory grounds for withdrawal, mistake or challenge (in particular fundamental mistake and declaration mistake under Art. 23 et seq. CO) remains unaffected by this provision and exists in addition.

8.5 The customer expressly acknowledges that the provider's product range is very extensive and is partly automatically adopted from external sources and trading platforms and continuously, but not in real-time, updated. Availability, inventory, price, image and product information may therefore in individual cases be outdated, incomplete or inaccurate. For this reason, the provider expressly reserves the right for all products to cancel an order at any time in whole or in part or to withdraw from an already concluded contract if it becomes apparent after receipt of the order that a product is not or no longer available, the displayed price or product information was inaccurate, or delivery is not, not timely or only possible on unreasonable terms for reasons not attributable to the provider. Any payment already made shall in such a case be refunded in full and free of charge. Further claims by the customer, in particular for delivery, replacement delivery or damages, are – to the extent permitted by law – excluded.

8.6 The cancellation and withdrawal right of the provider under this § 8 applies to all products offered in the shop and may be exercised by the provider at any time until the goods are handed over to the transport company. It exists in addition to and independently of the provider's other rights, in particular the acceptance reservation under § 4.5. Mandatory, non-waivable statutory rights of customers – in particular of consumers – remain unaffected by the provisions of this § 8; in the event of withdrawal or cancellation by the provider, the customer always receives full refund of the amount already paid.

§ 9 Cancellation, Defects and Returns

9.1 Under Swiss law, there is no statutory right of withdrawal or return for online purchases. The provider also grants no voluntary return right; return or exchange without defect is therefore not possible. The customer's rights under the warranty provisions of § 11 remain unaffected.

9.2 As long as an order has not yet been handed over to the shipping partner, the customer may cancel it free of charge by email to hello@inkshop.ch stating the order number. If the order has already been shipped, cancellation is no longer possible; the warranty provisions of § 11 apply.

9.3 In the event of a justified complaint of defects under § 11 (defective, damaged in transit or incorrectly delivered goods), the provider confirms the complaint and, insofar as a return is required, provides the return address. Returns without prior confirmation will not be accepted.

9.4 In case of justified complaint of defects, the provider bears the cost of return. Processing or inspection fees are not charged.

9.5 Refunds are made via the original payment method within a reasonable period after completion of the inspection (see section 11.3a).

9.6 The mandatory statutory rights of the customer are reserved.

§ 10 Availability, Partial and Replacement Deliveries

10.1 Information regarding the availability of products are non-binding estimates and may change at any time due to procurement from upstream partners.

10.2 The provider is entitled to make partial deliveries, insofar as this is reasonable for the customer. Partial deliveries do not incur additional shipping costs for the customer.

10.3 If an ordered item is not available, the provider is entitled to withdraw from the contract in accordance with § 8 or – with the customer's consent – to deliver a replacement item of equivalent quality and price.

§ 11 Warranty and Complaint of Defects

11.1 The warranty is governed by Swiss law on obligations (CO) and is two (2) years from delivery (Art. 210 CO). Warranty claims exist only upon proper and timely complaint of defects according to sections 11.2 and 11.3 and upon presentation of the purchase receipt. No further guarantee by the provider exists.

11.2 The customer must inspect the goods immediately upon receipt for completeness, transport damage and function. Obvious defects, transport damage and incorrect deliveries must be reported immediately, no later than seven (7) days after receipt, with photos; hidden defects must be reported promptly after discovery. This does not exclude statutory warranty rights.

11.3 Defect claims must be made in writing by email to hello@inkshop.ch or by post to Babala Özdemir, InkShop, Unterer Rainweg 22, 4414 Füllinsdorf; the date of receipt of the email or postmark shall be decisive. The claim must contain: order number, purchase date, exact description of the article, a detailed description of the defect and conclusive photos or video of the defect or packaging. In case of transport damage, the outer packaging must also be retained and the damage reported to the delivery service if possible at delivery.

11.3a In the event of a justified, properly submitted and timely defect claim, the seller shall, at the customer's choice, provide free replacement or refund of the purchase price. Refunds shall be made within a reasonable period after completion of inspection via the original payment method. Replaced goods shall become the property of the seller. The inspection may be carried out by the manufacturer or procurement partner and may take up to 30 days.

11.4 In particular, no warranty is provided for normal wear and tear or for damage occurring after transfer of risk due to improper handling, overuse, unsuitable equipment or special external influences.

11.5 Warranty expires if the goods have been modified, processed, repaired, used with unsuitable devices or accessories or not used in accordance with instructions for use, care or safety. Scratches, chips, breakage due to impact, fall or pressure, discoloration due to moisture, sunlight, cosmetics or perspiration as well as wear on closures, straps, threads and springs are considered signs of use and not defects. Repair or replacement does not extend the warranty period. Any manufacturer warranties must be claimed directly from the manufacturer.

11.6 Colors may vary slightly from the images depending on the screen and do not constitute a defect. The customer must check before ordering whether the article is compatible with their device (manufacturer, model, cartridge or part number, format, roll width and core diameter).

11.7 The articles offered are alternative and replacement products and not original products of printer manufacturers. Manufacturer and model designations serve solely to indicate compatibility; the manufacturers mentioned have no connection to the seller. Information on page yield is approximate and depends on the print image and printer. Ink, toner, powder and accessories must be used in accordance with the article and printer instructions and stored in a cool, dry place and out of reach of children. Damage resulting from failure to follow these instructions shall be considered improper handling within the meaning of section 11.4.

§ 12 Liability and Limitation of Liability

12.1 The provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on intent or gross negligence.

12.2 For slight negligence, the provider is liable only in the event of breach of an essential contractual obligation, the performance of which is necessary for the proper execution of the contract and on the observance of which customers may regularly rely, and is limited to contractually typical, foreseeable damages.

12.3 Any further liability of the provider, in particular for indirect damages, consequential damages, lost profits, data loss, and damages arising from delivery delays, is excluded to the extent permitted by law.

12.4 To the extent the provider's liability is excluded or limited, this also applies to the personal liability of its organs, employees, representatives and agents. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain reserved in all cases.

§ 13 Force Majeure

13.1 The provider is not liable for non-performance or delayed performance of its obligations to the extent these are based on force majeure events. Force majeure includes in particular natural disasters, epidemics and pandemics, government measures, war, civil unrest, strikes, lockouts, transport and operating disruptions, energy and raw material shortages, failures of telecommunications or payment networks, and disruptions from suppliers and logistics partners.

13.2 If a force majeure event lasts longer than reasonable, both parties are entitled to withdraw from the contract. Any payments already made will be refunded in this case.

§ 14 Customer Obligations and Conduct

14.1 The customer assures that they will provide truthful, complete and current information in the ordering process – in particular regarding name, delivery and billing address as well as contact details.

14.2 The customer undertakes not to misuse the shop, to refrain from unlawful actions, and to take no measures that could impair the functionality, availability or security of the shop.

§ 15 Vouchers, Promotions and Discounts

15.1 Promotional and advertising vouchers can only be redeemed within the specified period and only once, cannot be combined with other promotions and are not payable in cash.

15.2 The provider reserves the right to change or terminate promotions at any time, provided that this does not affect already concluded contracts.

§ 16 Copyright and Intellectual Property

16.1 All content of the shop, in particular texts, design, logos, brands and layouts, is legally protected. Use outside the intended use of the shop requires prior written consent from the provider.

16.2 Product images and product designations may contain third-party marks and rights and serve exclusively to describe and identify the goods.

§ 17 Data Protection

17.1 The provider processes customers' personal data in accordance with applicable data protection regulations, in particular the Swiss Data Protection Act (DSG). Details can be found in the Data Protection Declaration.

§ 18 Credit and Fraud Checks

18.1 The provider is entitled to conduct plausibility and risk checks to the necessary extent in order to protect its legitimate interests and to prevent fraud and payment misuse.

§ 19 Amendments to these Terms and Conditions

19.1 The provider reserves the right to amend these Terms and Conditions at any time with effect for the future. For any specific order, the version published in the shop at the time of ordering shall apply.

§ 20 Applicable Law and Jurisdiction

20.1 All legal relationships between the provider and customers are subject exclusively to Swiss law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Law, CISG).

20.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be – insofar as legally permissible – Basel, Switzerland. Mandatory places of jurisdiction, in particular in favour of consumers, remain reserved.

§ 21 Severability and Final Provisions

21.1 Should any provision of these Terms and Conditions be wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected.

21.2 There are no oral side agreements. Amendments and supplements to these Terms and Conditions and the contract require written form to be effective.

§ 22 Delivery Area, Delivery, Shipping and Delivery Times

22.1 The provider delivers exclusively to Switzerland and Liechtenstein and only to complete street addresses. Deliveries to post office boxes, parcel stations, PickPost points or storage addresses are excluded. The provider uses logistics and shipping partners of its choice for this purpose.

22.2 Shipping from abroad, delivery 1–3 weeks. All information regarding delivery times are non-binding guidelines and not guaranteed deadlines. They commence with full payment receipt. The usual delivery time is generally up to two (2) weeks, in rare cases up to three (3) weeks.

22.3 Since the goods are delivered by our shipping partners in direct dispatch, delivery time may be extended to up to six (6) weeks in the event of increased order volume, seasonal peaks, public holidays or delays by upstream partners and transport companies. Partial deliveries are permitted at any time.

22.4 Delivery delays within this period do not entitle the customer to withdraw from the contract or to claim damages or price reduction. The provider is in default at the earliest six (6) weeks after payment receipt and only after the customer has notified the provider in writing (email or letter) and granted an additional period of thirty (30) days.

22.5 Only after this additional period has expired without use is the customer entitled to withdraw from the contract with respect to the goods not yet delivered. The amount paid shall be refunded without interest in this case. Further claims, in particular for damages, are – insofar as legally permissible – excluded. Claims arising from delays caused by manufacturers, procurement partners, postal services, strikes or force majeure are also excluded.

22.6 Risk and benefits transfer to the customer upon delivery of the goods to the transport company (Art. 185 CO), insofar as permitted by law. If shipment tracking shows the goods as delivered, the delivery is deemed completed. An unchanged tracking status during transport does not constitute loss.

22.7 Loss claims must be submitted in writing (email or letter) no earlier than six (6) weeks and no later than sixty (60) days after payment receipt. The provider will initiate an investigation with the shipping partner; only after its conclusion (up to 30 days) will the provider, at its discretion, proceed with either a replacement shipment or refund.

22.8 If a shipment cannot be delivered due to incorrect or incomplete address information, is not picked up, or the customer refuses acceptance, there is no entitlement to a refund of the purchase price. Redelivery occurs at the customer's expense for the actual shipping costs incurred.