Terms and Conditions – Soulbuddy OHG

Table

    1. Scope
    2. Contract
    3. Withdrawal
    4. Prices and terms of payment
    5. Terms of delivery and shipping
    6. Retention of title and resale
    7. Liability for defects (guarantee)
    8. Redemption of promotional vouchers
    9. Privacy
    10. Applicable law
    11. Jurisdiction
    12. Alternative dispute resolution
    13. Final provisions


1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of Soulbuddy OHG (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer’s own terms and conditions to be included, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.


2) Conclusion of the contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the “BUY NOW” button, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart.

2.3 The Seller may 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), insofar as the receipt of the order confirmation by the customer is decisive

Or

by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive

Or

by asking the customer to pay after placing his order.

If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be 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 Express” is selected, payment processing is made via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘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 terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” or “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the “BUY NOW” button. In this case, the seller already declares the acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the “BUY NOW” button.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g. e-mail or letter) after sending his order. The seller will not make the text of the contract available in addition. 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 accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the “final ordering process” button.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact ingestion usually take place by e-mail 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 the seller responsible for the order processing 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 withdrawal can be found in the Seller’s withdrawal provisions.


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 THE statutory value added tax. If applicable, additional delivery and shipping costs will be specified separately in the respective product description or in the shopping cart.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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 Payment options will be communicated to the customer in the seller’s online shop.

4.4 PayPal
In the case of payment by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘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 terms and conditions for payments without a PayPal account, available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 Credit card
Payment by credit card is processed by the payment service provider Stripe, 8th St STE 100, San Francisco, CA 94110-2043, USA, to which we receive the information about the buyer’s order incl. Share the name, address, account number, bank code, possible 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. Further information on Stripe’s data protection can be found at the URL https://stripe.com/de/terms. Credit card details are not stored on our website.

If you pay by credit card (VISA-Card, Mastercard or American Express), the purchase price will already be reserved with an order. However, the credit card will only be debited upon dispatch of the ordered items.

4.6 Apple Pay
If payment is made 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 during the ordering process. There, the customer can provide his payment details 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
During the ordering process, the customer is redirected to the website of the online provider Google. There, the customer can provide the payment details 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 Amazon Pay
During the ordering process, the customer is redirected to the website of the online provider Amazon in the online shop before the order process is completed. There, the customer can select the shipping address and payment method stored on Amazon and confirm the payment order to Amazon. The customer is then redirected back 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 SOFORT
The payment SOFORT transfer is processed via our external payment service provider Stripe (see credit card) and additionally 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 online banking account with PIN/TAN procedure, which is activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and debited the customer’s bank account.

4.10 Giropay
The payment Giropay is processed via our external payment service provider Stripe (see credit card) and additionally Giropay GmbH, An der Welle 4, 60322 Frankfurt am Main. The data used to process the payment (first and last name, street, house number, postal code, city, telephone number, account data) as well as the data in connection with the order will be 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 at the following link: https://www.giropay.de/rechtliches/datenschutzerklaerung

4.11 Vouchers
The online gift voucher is made available to the customer as a PDF file for download and print electronically after purchase. It can be redeemed by the owner for one or more purchases in the Soulbuddy Caps online store. It can also be used combined with other payment options. In order to use the online gift voucher online, the voucher code must be provided.

The Voucher Card is a physical voucher with a coupon 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 may be supplemented by other payment methods if necessary. It should be treated with the same care as cash. The seller will not replace the value of the voucher card if the customer loses it or publishs relevant data. In order to use the voucher card online, the voucher code must be provided.

Online Gift Vouchers and Voucher Cards can be used for any number of purchases until their value is completely exhausted or expires. There is no cash alternative to both types of vouchers.

The online gift vouchers as well as the voucher cards can be purchased at different heights from a value of 25 € up to a value of 69€ in the predefined gradations.

The online gift vouchers as well as the voucher cards are valid for three years from the date of purchase. They are transferable.

A partial or total payment of the (remaining) value of the vouchers is excluded.

The start value of the vouchers can be viewed on the online gift voucher or the voucher card.


5) Terms of Delivery and Shipping

5.1 The delivery of goods takes place by shipping 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 shall prevail.

5.2 If the transport company sends the shipped goods back to the seller, since 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 had announced the service to him in advance. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions of the revocation provisions shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Detailed information on shipping methods, shipping costs, delivery time and returns can be found in the delivery terms.


6) Retention of title & resale

6.1 The Seller reserves the title to private customers until full payment of the purchase price owed. The sale of the products is for private use only; any commercial resale of the products is strictly prohibited for private customers. The commercial resale of the customer account is also prohibited.

6.2 The Seller reserves the right of ownership of the delivered goods to entrepreneurs/dealers (commercial customers) until all claims arising 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 goods subject to retention of title in the proper course of business. All resulting claims against third parties shall be made by the customer in advance to the seller in the amount of the respective invoice value (including VAT). The customer remains authorized to collect the claims even after the assignment. This does not affect the seller’s authority to collect the claims itself. However, the Seller will not recover the claims as long as the Customer fulfils his payment obligations towards the Seller, does not default on payment and no application has been made for the opening of insolvency proceedings.


7) Liability for defects (guarantee)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.


8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing 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 be at least equal to the amount of the promotional voucher. Any remaining balance 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 may be chosen to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can provide with liberating 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 invalidity, incapacity for business or the lack of right of representation of the respective owner.


9) Data protection

The provisions on data protection can be found on the Data Protection Security Page.


10) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.


11) Place of 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 shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller 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 professional or commercial activity of the customer. However, in the above cases, the Seller is entitled in any case to appeal to the court at the customer’s registered office.


12) Alternative Dispute Resolution

12.1 The European Commission provides an online dispute resolution platform (ODR) available at https://ec.europa.eu/consumers/odr.

This platform serves as a point of contact 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 resolution procedure before a consumer arbitration board.


13) Final provisions

13.1 Should any provision of these General Terms and Conditions be ineffective, these GtC and the contract concluded with the customer shall remain in effect.

13.2 German law applies to contracts between Soulbuddy OHG and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular the state in which the customer is habitually resident as a consumer, remain unaffected.


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