Article 1 – General Terms and Conditions
1.1 These general terms and conditions apply to every offer made by Supercharge and to every agreement concluded between Supercharge and the consumer.
Supercharge’s general terms and conditions can be found at https://supercharge.pro/terms-and-conditions, from where consumers can easily download and save these general terms and conditions.
1.2 If any provision of these general terms and conditions is void or annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect.
Article 2 – The purchase contract
2.1 The offer contains a complete and accurate description of the digital products offered.
Obvious errors or mistakes in the offer do not bind Supercharge.
2.2 Supercharge is neither a publisher nor a provider of digital products.
The offer is always limited to what is offered or made known by the publisher or provider of the digital product in the product conditions of the digital product.
2.3 The purchase contract is concluded when the consumer activates the “Order & Pay” button.
The purchase contract is concluded on the condition that the consumer’s payment has been received by Supercharge.
2.4 After receipt of payment, the digital product will be delivered immediately.
Article 3 – Exclusion of the right of withdrawal
3.1 The purchase concerns the delivery of digital content that is not delivered on a physical data carrier.
Due to their nature, these digital products may be excluded from the right of withdrawal.
Supercharge excludes this right of withdrawal.
Before each purchase, the consumer must expressly agree that Supercharge will commence delivery and the consumer must declare that he thereby waives his right of withdrawal.
Article 4 – The price
4.1 The price of the digital product is the price indicated in the shopping cart of the Supercharge online store.
4.2 VAT, transaction fees and service fees may be shown separately on the payment page.
Transaction fees are the fees charged by the payment service provider Supercharge for the use of the payment method chosen by the consumer, such as the fees charged by the payment service provider for the transaction and a share of the fixed costs periodically charged by the payment service provider.
These transaction fees vary depending on the payment method and will be displayed on the payment page, if applicable.
Service fees include any other fees charged by Supercharge for its services.
These may vary by product and will be shown in the shopping cart per product, if applicable.
4.3 Notwithstanding 4.1, Supercharge may offer digital products at variable prices, the prices of which are subject to fluctuations in the financial market and are not controlled by Supercharge.
This connection with fluctuations and the fact that the prices quoted are target prices will be stated in the offer.
Article 5 – Delivery and execution
5.1 Delivery is made by e-mail.
The consumer must provide the correct e-mail address and verify it properly.
If the consumer has provided an incorrect e-mail address, the digital product cannot be delivered again.
Therefore, the consumer bears full responsibility and risk for providing an incorrect e-mail address.
5.2 For customers paying with PayPal, the product will be delivered to the PayPal email address and not to the email address entered on the delivery page (if different).
Supercharge will not be liable if the customer does not have access to the PayPal email address to which the product was delivered.
5.3 Consumers must enter the correct region and verify it properly.
Changing the region is no longer possible after activating the “Order & Pay” button.
Therefore, the consumer bears full responsibility and risk for entering an incorrect region.
Delivered digital products cannot be returned.
5.4 In the event of a defect, the consumer is obliged to cooperate with Supercharge to enable Supercharge to determine the cause of the defect.
The consumer is obliged to provide Supercharge with all relevant information, such as a screenshot of the error message, the account balance, the currency and region of the account to which the credit should be credited and the URL of the redemption page.
The consumer is obliged to provide Supercharge with digital access to their device to determine the cause of the defect.
5.5 We reserve the right to send reminders in relation to outstanding payments or other relevant matters relating to the Products provided.
These reminders may be sent by email, SMS or any other means you have specified.
By using our services, you agree to receive such communications.
Article 6 – Fraud
6.1 Supercharge is constantly dealing with individuals and entities attempting to commit fraud, money laundering, terrorist financing or other unlawful or improper use of Supercharge’s services.
The interests and integrity of Supercharge and others may be damaged as a result.
Supercharge has therefore put in place safeguards.
These result from protective measures taken by financial institutions and other institutions under the Swiss Anti-Money Laundering Act, the Financial Supervision Act (FINMA) and Payment Services Directive 1 and 2 (PSD1 and PSD2) or independently.
This helps to minimize the risks and mitigate any negative impact on Supercharge and others.
The consumer is obliged to comply with these safeguards.
6.2 In the event of fraud, money laundering or terrorist financing or suspicion thereof, Supercharge reserves the right to:
- withdraw an offer;
- terminate or not conclude a contract;
- request additional information, such as copies of a passport or identity card, bank statements, telephone bills, receipts, etc;
- suspend delivery during the investigation period;
- suspend any refund during the investigation period;
- to reclaim or offset losses due to fraud, money laundering or terrorist financing, including investigation costs;
- report fraud, money laundering or terrorist financing to the police, the competent institutions (financial and others) and fraud platforms.
Article 7 – Warranty
7.1 Supercharge warrants that the Digital Products comply with the Contract, the specifications set out in the Offer, the reasonable requirements of suitability and/or usability and the statutory provisions and/or governmental regulations in force at the time of the conclusion of the Contract.
7.2 The above does not apply to statements made by third parties.
Statements made by the publisher or provider of the digital product are not deemed to be communications from Supercharge.
The lifespan of digital products varies depending on the product.
There are digital products with an unlimited lifespan and digital products with a lifespan of, for example, three months.
The lifespan of a digital product is determined by the publisher or supplier of that product.
Some of the digital products in the Supercharge online store come directly from the publisher or supplier of the digital product.
These digital products are activated upon purchase in the online store.
The lifespan of the digital product then corresponds to the lifespan communicated by the publisher or provider of the digital product.
Other digital products come from intermediaries.
These digital products are already activated.
In these cases, the remaining lifespan is shorter than the lifespan communicated by the publisher or provider of the digital product.
This is reflected in the price of the digital product in the online store.
A shorter remaining lifespan cannot be considered a defect.
Supercharge cannot provide any guarantee in this respect.
In such cases, Supercharge will not provide a new digital product or refund the purchase price.
Supercharge excludes any liability for damages resulting from the expiry of digital products.
Supercharge’s digital products are intended for immediate use online.
7.3 Product terms and conditions applicable to the Digital Product may not have been provided to Supercharge and/or may be provided by Supercharge.
The consumer is then required to download these themselves from the website of the publisher or provider of the digital product.
Article 8 – Force majeure
8.1 Supercharge is not obliged to perform any obligation to the consumer if it is prevented from doing so by a circumstance which is not attributable to it and which does not fall within its responsibility under the law, a legal act or generally accepted standards.
In these Terms and Conditions, force majeure means, in addition to what is understood by statute and case law, any external cause, whether foreseeable or unforeseeable, over which Supercharge has no control but which prevents Supercharge from performing its obligations, including internet disruptions, payment service disruptions, supply shortages, war, riots, fire, strikes, transportation problems, power shortages, disasters, restrictive government measures, breakdowns of facilities and the failure of third parties to supply or provide products or services.
8.2 Supercharge is entitled to suspend its obligations during the period of force majeure.
8.3 The consumer has the right to terminate the contract after notification of non-delivery due to force majeure.
Refunds can only be made to SEPA and PayPal accounts.
Article 9 – Liability
9.1 Supercharge is not liable for damages in the event of fraud, money laundering, terrorist financing or any other unlawful act or suspicion thereof.
9.2 Supercharge is not liable for any damage caused by loss, theft, destruction, misuse or improper use of a Digital Product.
9.3 Supercharge will not be liable for any damage if the life of a Digital Product has expired.
9.4 Supercharge is not liable for any damage due to restrictions or limitations in the product terms of the publisher or provider of the digital product.
Similarly, Supercharge is not liable for any damage caused by the acts, omissions or decisions of the publisher or provider of the Digital Product.
Supercharge will not be liable for any damages if the Digital Product’s Product Terms are breached.
9.5 Supercharge is not liable for damages if the information obligation under Article 5.3 is not fulfilled.
9.6 Supercharge is not liable for damage caused by hacking or account hacking, social engineering or other unlawful acts of third parties.
9.7 Supercharge will not be liable for any damage caused by the incorrect entry of the email address, incorrect country selection or other incorrect entries or decisions made by the consumer.
9.8 Supercharge is not liable for any damages caused by the acts or omissions of third parties.
9.9 Supercharge will not be liable if the issuer of the Product or the operator of the website on which the Product is redeemed has detected or suspected fraud, money laundering or terrorist financing.
9.10 Supercharge will not be liable if the Product cannot be used due to a failure of the issuer of the Product or the operator of the website on which the consumer wishes to use the Product.
9.11 Supercharge will not be liable for any fees charged by the issuer of the Product, such as maintenance fees or redemption fees.
9.12 Supercharge’s liability is limited to the damage that can be regarded as a direct and obvious consequence of non-performance or defective performance up to the nominal value of the defective digital product.
Supercharge is not liable for indirect or consequential loss.
9.13 Any liability of Supercharge is limited to the amount covered by its insurance.
9.14 In the event of liability for a defective product, Supercharge will either provide an equivalent digital product or refund the amount paid.
9.15 The limitations of liability in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Supercharge’s directors.
9.16 Korsit hereby unequivocally disclaims any association or endorsement of the use of products presented on its website (Supercharge) for unlawful practices of any kind and expressly states that it accepts no responsibility for any such use by the Buyer.
Article 10 – Complaints procedure
10.1 Supercharge has a complaints procedure published on its website.
Complaints will be dealt with in accordance with this complaints procedure.
10.2 Complaints about the performance of a contract must be submitted to Supercharge in full and with a clear description of the complaint.
10.3 Complaints submitted will be responded to as soon as possible, but no later than 14 days from the date of receipt.
If a complaint is likely to require a longer processing time, Supercharge will inform the consumer within the 14-day period when a more detailed response can be expected.
Supercharge will endeavor to find a satisfactory solution.
Article 11 – Supercharge Coins
11.1 Depending on the product purchased and its currency, the consumer will save a number of Supercharge Coins determined by Supercharge.
Supercharge Coins can be redeemed against the purchase of certain digital products specified by Supercharge in Supercharge World.
11.2 Redemption is made by selecting a digital product and activating the redemption button in Supercharge World.
A redemption cannot be reversed, even if the wrong digital product or region is selected by mistake.
Supercharge Coins can never be redeemed for cash.
11.3 Supercharge Coins cannot be transferred.
The allocation of Supercharge Coins is linked to the consumer’s email address.
Supercharge Coins that are assigned to different e-mail addresses of a consumer cannot be merged.
11.4 Supercharge Coins expire one year after the last purchase.
Article 12 – Disputes
12.1 Swiss law applies to all contracts between Supercharge and the consumer.
12.2 All disputes between the consumer and Supercharge shall be submitted to the competent judge of the District Court of the Canton of Lucerne, unless another court has jurisdiction to decide the dispute.