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General Terms & Conditions


TABLE OF CONTENTS 

  1. Scope 
  2. Conclusion of contract 
  3. Right of withdrawal 
  4. Prices and terms of payment 
  5. Delivery and shipping conditions 
  6. Retention of title and resale 
  7. Liability for defects (warranty) 
  8. Redeeming promotional vouchers 
  9. Privacy 
  10. Applicable Law 
  11. Place of jurisdiction 
  12. Alternative Dispute Resolution 
  13. Final Provisions

1) Scope 

1.1 These general terms and conditions (hereinafter “GTC”) of Soulbuddy GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) has with the seller with regard to the seller in his goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. 
 1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract 

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer. 
 2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer in relation to the im goods contained in the shopping cart. 
 2.3 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive or by asking the customer to pay after placing his order. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. 
 2.4 If the payment method "PayPal" or "PayPal Checkout" is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at: https://www.paypal.com/de/webapps/mpp/ ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax -full. If the customer selects "PayPal" or "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the "ORDER PAYABLE" button or the "Direct to PayPal" button. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the "ORDER PAYABLE" button. 
 2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data. 
 2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the "ORDER PAYABLE" button. 
 2.7 Only the German language is available for the conclusion of the contract. 
 2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal 

3.1 Consumers are generally entitled to a right of withdrawal. 
 3.2 Further information on the right of cancellation can be found in the seller's cancellation policy. 

4) Prices and terms of payment 

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description or in the shopping cart. 
 4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 
 4.3 The payment options are communicated to the customer in the seller's online shop. 
 4.4 Paypal When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at: https://www.paypal.com/de/webapps/mpp/ ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at: https://www.paypal.com/de/webapps/mpp/ua/ privacywax-full. Selectable payment methods from PayPal include PayPal payment, pay later, SEPA direct debit, credit or debit card, SOFORT, Giropay. 
 4.5 Credit Card When paying by credit card, the payment is processed via the payment service provider Stripe, 8th St STE 100, San Francisco, CA 94110-2043, USA, to whom we send the information about the buyer's order including name, address, account number, bank code, possibly credit card number , invoice amount, currency and transaction number. The data is passed on exclusively for the purpose of payment processing with the payment service provider Stripe Ltd. You can find more information about Stripe's data protection under the URL https://stripe.com/de/terms. Credit card details are not stored on our website. When paying by credit card (VISA card, Mastercard or American Express), the purchase price is already reserved when the order is placed. However, the credit card will not be charged until the ordered items have been shipped. 
 4.6 Apple Pay If you choose to pay with Apple Pay, this is done via our external payment service provider Stripe (see credit card) and the customer is redirected to the website of the online provider Apple in the ordering process. There the customer can enter his payment data and confirm the payment order to Apple. After placing the order in the shop, the seller asks Apple to initiate the payment transaction and thereby accepts the customer's offer. 
 4.7 Google Pay In the ordering process, the customer is redirected to the website of the online provider Google. There the customer can enter the payment data and confirm the payment order to Google. After placing the order in the shop, the seller asks Google to initiate the payment transaction and thereby accepts the customer's offer. 
 4.8 AmazonPay In the ordering process, the customer is redirected to the website of the online provider Amazon before completing the ordering process in the online shop. There the customer can select the delivery address and payment method stored at Amazon and confirm the payment instruction to Amazon. The customer is then returned to the online shop, where he can complete the ordering process. After placing the order, the seller asks Amazon to initiate the payment transaction and thereby accepts the customer's offer. 
 4.9 IMMEDIATELY The SOFORT transfer payment is processed via our external payment service provider Stripe (see credit card) and also SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account with PIN/TAN procedure for participation in "SOFORT", identify himself accordingly during the payment process and send the payment instruction to "SOFORT". confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited.
4.10 Giropay 
The Giropay payment is processed by our external payment service provider Stripe (see credit card) and also by Giropay GmbH, An der Welle 4, 60322 Frankfurt am Main. The data required to process the payment (first and last name, street, house number, postal code, city, telephone number, account data) and the data in connection with the order are passed on to Giropay GmbH. Further information on the data protection of the payment service provider can be found in the data protection declaration of Giropay GmbH under the following link: https://www.giropay.de/rechts/datenschutzerklaerung 
4.11 KLARNA 
The KLARNA payment is processed by our external payment service provider Klarna: Klarna Bank AB (publ), registered in the Swedish Commercial Register under company number 556737-0431 and with registered office at Sveavägen 46, 111 34 Stockholm (hereinafter KLARNA). The data required to process the payment (first and last name, street, house number, zip code, city, telephone number, account details) and the data in connection with the order are passed on to KLARNA. Further information on the data protection of the payment service provider can be found in KLARNA's privacy policy at the following link: https://www.klarna.com/international/privacy-policy/
 4.12 Vouchers 
The online gift voucher is made available electronically to the customer after purchase as a PDF file for downloading and printing. It can be redeemed by the owner for one or more purchases in the Soulbuddy online shop. It can also be used in combination with other payment options. In order to be able to use the online gift voucher, the voucher code must be entered. The voucher card is a physical voucher with a voucher code that allows the customer to pay for their purchase in the Soulbuddy online shop. The voucher card can be used more than once and its use can be supplemented with other payment methods if required. It should be treated with the same care as cash. The seller will not replace the value of the gift card if the customer loses it or publishes data relevant to redemption. In order to be able to use the voucher card online, the voucher code must be entered. The online gift vouchers as well as the voucher cards can be used for any number of purchases until their value is completely depleted or expires. There is no cash alternative to either type of voucher. The online gift vouchers and voucher cards can be purchased in different amounts from a value of €25 up to a value of €500 in predefined increments or as an individual amount. The online gift vouchers and voucher cards are valid for three years from the date of purchase. They are transferrable. A partial or complete payment of the (residual) value of the vouchers is excluded. The starting value of the vouchers can be viewed on the online gift voucher or voucher card.

5) Delivery and shipping conditions 

5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. 
 5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the cancellation provisions applies to the return costs. 
 5.3 Collection by the customer is not possible for logistical reasons. 
 5.4 The detailed information on the shipping methods, shipping costs, delivery time and returns can be found in the provisions on delivery and shipping. 

6) Retention of Title & Resale 

6.1 In the case of private customers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full. The products are sold exclusively for private use; any commercial resale of the products is strictly prohibited for private customers. The commercial resale of the customer account is also prohibited. 
6.2 In relation to entrepreneurs/dealers (commercial customers), the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full. 
6.3 If the customer acts as an entrepreneur/dealer, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for Defects (Warranty) 

7.1 If the purchased item is defective, the statutory liability for defects applies. 
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects. 

8) Redemption of promotional vouchers 

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period. 
8.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher. 
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. 
8.4 Only one promotional voucher can be redeemed per order. Promotional vouchers cannot be combined. 
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 
8.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid. 
8.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal. 
8.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner. 

9) Privacy 

The customer can find the data protection regulations on the data protection regulations page. 

10) Governing Law 

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Jurisdiction 

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office. 

12) Alternative Dispute Resolution 

12.1 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 
 12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 

13) Final Provisions 

13.1 Should a provision of these GTC be ineffective, the remainder of these GTC and the contract concluded with the customer shall remain effective. 
 13.2 German law applies to contracts between Soulbuddy GmbH and the customer, excluding the UN Sales Convention. The legal regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.