General Terms and Conditions

1. Scope

(1) These General Terms and Conditions apply to all orders placed through the Card-Shark online shop between Christian Schenk, Card-Shark.de, Schliepersberg 43, 45257 Essen, Germany, VAT ID DE182541989 – hereinafter „the Seller“ – and its customers.

(2) A customer within the meaning of these Terms may be either a consumer (§ 13 German Civil Code) or an entrepreneur (§ 14 German Civil Code).

(3) Deviating terms and conditions of the customer are not accepted unless their validity has been expressly agreed in writing.

2. Conclusion of contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.

(2) By clicking the „Buy now“ button, the customer submits a binding offer to conclude a purchase contract.

(3) The Seller may accept this offer within five working days by sending an order confirmation, by dispatching the goods, or by requesting payment.

(4) Should a product be unavailable, the customer will be informed without delay. Any payments already made will be refunded in that case.

3. Prices and payment

(1) All prices stated include statutory value added tax where such tax applies.

(2) Shipping costs are charged in addition to the product prices and are shown to the customer during the ordering process.

(3) The following payment methods are available:

  • Payment in advance
  • PayPal
  • Credit card
  • Any further payment methods offered in the shop

(4) The Seller reserves the right to exclude individual payment methods in specific cases.

4. Delivery and shipping

(1) We deliver worldwide.

(2) Delivery times are stated on the respective product pages.

(3) Partial deliveries are permitted where this is reasonable for the customer.

(4) Should delivery fail because of an incorrect address given by the customer, or because the parcel was not collected from a parcel station or branch, the customer bears the additional costs incurred.

5. Retention of title

The goods delivered remain the property of the Seller until payment has been made in full. Towards entrepreneurs, retention of title applies until all claims arising from the ongoing business relationship have been settled in full.

6. Digital content and downloads

(1) For digital products, PDF files, video instructions, download content and content of the members’ area, the customer receives a simple, non-transferable right of use.

(2) Passing on, publishing, reproducing or commercially using the content is not permitted without the express written consent of the Seller.

(3) Access to digital content may be used by the respective purchaser only.

7. Right of withdrawal for consumers

(1) Consumers generally have a statutory right of withdrawal of 14 days.

(2) The details are set out in the separate cancellation policy.

(3) The customer bears the direct cost of returning the goods.

(4) Goods should be returned in their original packaging where possible and packed securely for transport.

(5) Compensation for loss of value may be claimed where a loss of value results from handling the goods in a way that was not necessary to check their nature, characteristics and functioning.

8. Exclusion of the right of withdrawal

In particular, there is no right of withdrawal for:

  • sealed goods that are not suitable for return for reasons of health protection or hygiene, where the seal has been removed;
  • products made to individual specification;
  • digital content, where the customer has expressly agreed that performance of the contract should begin before the withdrawal period expires and has at the same time confirmed that this causes the loss of the right of withdrawal.

9. Warranty

(1) The statutory warranty rights apply.

(2) Playing cards, magic props and comparable products are subject to wear through use. Normal wear does not constitute a defect.

(3) Towards entrepreneurs, the warranty period for new goods is one year from delivery of the goods.

10. Liability

(1) The Seller is liable without limitation in cases of intent and gross negligence.

(2) In cases of slight negligence, the Seller is liable only for breach of essential contractual obligations and limited to the foreseeable damage typical for this type of contract.

(3) The limitations of liability do not apply to injury to life, body or health, or to claims under the German Product Liability Act.

11. Trade customers and resellers

(1) Dealer accounts and reseller conditions are granted exclusively to entrepreneurs.

(2) The Seller reserves the right to request proof of entrepreneur status.

(3) Dealer prices, discount structures and purchasing conditions are confidential business information and must not be passed on to third parties.

12. Set-off and right of retention

The customer is entitled to set-off only if the counterclaims have been established with legal effect or are undisputed.

13. Applicable law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not remove the protection of mandatory provisions of the state in which the consumer has their habitual residence.

14. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Essen, Germany.

15. Dispute resolution

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/

The Seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

This is a translation of our German General Terms and Conditions. In case of doubt, the German version applies.