Terms of service
T&Cs
General Terms and Conditions of SoulJewl GbR
-
General and Scope
-
Ordering Process and Conclusion of Contract
-
Prices and Shipping Costs
-
Delivery, Availability of Goods
-
Payment Terms
-
Retention of Title
-
Cancellation Policy, Right of Withdrawal and Model Withdrawal Form
-
Warranty
-
Liability and Exclusion of Liability
-
Applicable Law, Place of Performance, Jurisdiction
-
Online Dispute Resolution
-
Final Provisions
1. General and Scope
1.1 These General Terms and Conditions (hereinafter referred to as the “T&Cs”) in the version valid at the time of the order shall apply exclusively to the business relationship between:
SoulJewl GbR
Postfach 10 01 52
76482 Baden-Baden
(hereinafter referred to as the “Provider” or “SoulJewl”)
and the customer (hereinafter referred to as the “Customer”) concerning the purchase of goods (also referred to as “Products” or “Items”) by the Customer via the online shop on the website https://www.souljewl.de (hereinafter referred to as the “Online Shop”).
1.2 Any differing terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
1.3 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.
1.4 The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are provided for information purposes only. In the event of any discrepancies between the language versions, the German text shall prevail.
2. Ordering Process and Conclusion of Contract
2.1 The presentation of the products in the Online Shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the website or other internet presences of the Provider do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain reserved.
2.3 The order is placed in the following steps:
(1) Selection of the desired goods
(2) Confirmation by clicking the “Add to cart” button
(3) Review of the details in the shopping cart
(4) Clicking the “Proceed securely to checkout” button
(5) Entry of contact details (email address)
(6) Entry of delivery / billing address
(7) Selection of payment method
(8) Binding submission of the order by clicking the button
“Buy now” or “Pay with PayPal”
2.4 Before the binding submission of the order, the Customer may review and amend the data at any time or cancel the ordering process.
2.5 The Provider shall then send the Customer an automatic acknowledgment of receipt by email, in which the Customer’s order is listed again and which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer.
2.6 The purchase contract is only concluded when the Provider has dispatched or handed over the ordered product to the Customer within 3 days, or has confirmed the order and dispatch to the Customer within 3 days by means of a second email, another express order confirmation, or the sending of the invoice.
2.7 A binding contract may be concluded as follows:
If the payment method PayPal is selected, the contract is concluded upon confirmation of the payment instruction to PayPal.
If payment by credit card (Visa, Mastercard, Maestro, American Express) is selected, the contract is concluded upon confirmation of the payment instruction by the credit card company.
If ShopPay, GooglePay or ApplePay is used, the contract is concluded upon confirmation of the payment instruction by the respective payment service provider.
A condition for the effective conclusion of the contract is always that the ordering process is completed by submitting the order.
2.8 The Provider stores the contract text and sends it to the Customer by email after conclusion of the contract. The Customer may view the T&Cs and past orders in the customer area under “My Account – My Orders”.
3. Prices and Shipping Costs
3.1 All prices stated on the Provider’s website include the applicable statutory value added tax.
3.2 In addition to the stated prices, the Provider charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping cost page and during the ordering process.
4. Payment Terms
4.1 The Customer may pay by Visa Card, Maestro, Mastercard, American Express, Union Pay, PayPal, and invoice via Klarna.
4.2 If third-party providers are commissioned to process payment, their General Terms and Conditions shall apply.
4.3 If the due date of payment is determined by the calendar, the Customer shall already be in default by missing the payment date. In this case, the Customer shall pay default interest at a rate of 5 percentage points above the base interest rate.
4.4 The Customer’s obligation to pay default interest does not exclude the Provider’s right to claim further damages caused by default.
5. Delivery, Availability of Goods
5.1 Unless clearly stated otherwise in the product description, all offered items are ready for dispatch immediately.
5.2 The Provider delivers the goods in accordance with the agreements made. Delivery dates and delivery periods are only binding if they have been confirmed by the Provider in writing. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.3 Delivery within Germany takes place within 5 to 8 working days. Delivery to EU Member States and Switzerland takes place within 11 to 14 working days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the bank commissioned with the transfer, and in the case of all other payment methods on the day after the contract is concluded. If the last day of the delivery period falls on a Saturday, Sunday or public holiday at the place of delivery, the period shall end on the next working day.
5.4 If, at the time of the Customer’s order, no copies of the selected product are available, the Provider shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from making a declaration of acceptance. In this case, no contract shall be concluded.
5.5 If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without undue delay in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer shall have the right to withdraw from the contract. In this case, the Provider shall also be entitled to withdraw from the contract. In doing so, the Provider shall refund without undue delay any payments already made by the Customer.
5.6 The Provider has the right to determine an appropriate shipping method. As soon as the goods are handed over to the Customer, the risk passes to the Customer. This also applies in the case of partial deliveries. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item in the case of a sale involving shipment shall pass to the Customer only upon handover of the item. Handover shall be deemed equivalent if the Customer is in default of acceptance.
5.7 In the case of delivery of goods outside the European Union and Switzerland, import duties (customs duties) may apply; these shall be borne by the Customer.
6. Retention of Title
6.1 The goods remain the property of the Provider until full payment of the purchase price has been made.
6.2 The Customer is not entitled to resell the goods to third parties or to take other measures jeopardising the Provider’s ownership before full payment of the purchase price has been made. The Customer hereby assigns to the Provider, already at this point, their future claims against the purchaser in the amount of the purchase price agreed between the Provider and the Customer, including interest and ancillary claims.
7. Right of Withdrawal and Cancellation Policy
Consumers shall have a right of withdrawal, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor to their self-employed professional activity. Further details on the right of withdrawal can be found under the link /widerrufsbelehrung.
8. Warranty
8.1 If the goods purchased and delivered in the Online Shop are defective, the Customer is entitled, within the framework of the statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price.
8.2 It is expressly pointed out that threads as well as beads and stones of any kind, as well as shells, images, etc., are subject to normal signs of ageing and wear during use, and that no warranty is given for the colour fastness and permanent stability of these products.
8.3 The limitation period for warranty claims regarding the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed shall become time-barred within the regular statutory limitation period. If the Customer is an entrepreneur within the meaning of § 14 BGB, the warranty period shall be one year.
9. Liability and Exclusion of Liability
9.1 The Provider shall have unlimited liability insofar as the cause of damage is based on intent or gross negligence.
9.2 Furthermore, the Provider shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Provider shall only be liable for the foreseeable damage typical for the contract. The Provider shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.
9.3 The above limitations of liability shall not apply in the event of injury to life, body or health, in the case of a defect following the assumption of a guarantee for the quality of the product, or in the case of defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.4 Insofar as the Provider’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Applicable Law, Place of Performance, Jurisdiction
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall apply only insofar as mandatory statutory provisions of the state in which the consumer has their residence or habitual abode are not restricted thereby.
10.2 The place of jurisdiction and place of performance shall be the registered office of the Provider, Baden-Baden, if the customer placing the order is a merchant, a legal entity under public law, or a special fund under public law.
11. Online Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution (ODR), which the Customer can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform for the settlement of their disputes.
11.2 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
12.1 All amendments, supplements and notices of termination of these General Terms and Conditions and/or the contract must be made in writing. This shall also apply to any waiver of this written form requirement.
12.2 Should individual provisions of these General Terms and Conditions and/or the contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally effective provision which comes closest to the economic meaning and purpose of the invalid provision. The above provision shall apply accordingly in the event of regulatory gaps.
12.3 Should these General Terms and Conditions be provided in a German and an English-language/other-language version, only the German version shall be authoritative for the legal effects between the parties.
Version dated: 10.03.2025
