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General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Sandra Hildmann) via the website www.soleyaoffical.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer, in the sense of the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is formed via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Place paid order", "Pay" / "Pay now" or similar designation), you legally declare acceptance of the offer, thereby forming the contract.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "PayPal" may use further payment services for payment processing; insofar as special payment conditions apply, you will be separately informed of these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
(2) Payment via "Stripe"
If a payment method offered via "Stripe" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Stripe" may use further payment services for payment processing; insofar as special payment conditions apply, you will be separately informed of these. Further information on "Stripe" can be found at https://stripe.com/de (https://stripe.com/de).
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or collateral assignment of the reserved goods is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the foregoing warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the movement corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Sandra Hildmann
Phone: +491794618888
Email: soleya.offical@gmail.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on "Formation of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Modalities
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are separately stated during the ordering process, and are to be borne additionally by you, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.
6.4. Any costs incurred for money transfer (bank transfer or exchange rate fees of credit institutions) shall be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
6.5. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the IT law specialists of Händlerbund and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).