Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty for Defects
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
    
    
    1. Scope of Application

    1.1 These General Terms and Conditions (hereinafter "GTC") of Blyzniuk, Roman & Tonne, Nataliia - SOUL Dance Style GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

    1.2 These GTC also apply to contracts for the delivery of vouchers, unless something different is expressly agreed upon.

    1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

    1.4 An entrepreneur within the meaning of these GTC 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 self-employed professional activity.

    1. Conclusion of Contract

    2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

    2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.

    2.3 The Seller may accept the Customer's offer within five days by:
    

    - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
     - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
      -  by requesting payment from the customer after the order has been placed.
    
    

    If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

    2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed 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 pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

    2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller does not provide any further accessibility of the contract text. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

    2.6 Before submitting a binding order via the online order form of the Seller, the Customer can recognize 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 zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

    2.7 Different languages are available for concluding contracts. The specific language selection is displayed in the online shop.

    2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered if spam filters are used.
    
    3) Right of Withdrawal
    
    3.1 Consumers generally have a right of withdrawal.
    
    3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
    
    4) Prices and Payment Conditions
    
    4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
    
    4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that the Customer must bear. These may include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 option(s) available to the Customer will be communicated to them in the Seller's online shop.
    
    4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing will be handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal where the Seller bears the risk of non-payment by the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically named by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer's selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes.
    
    4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately notified. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de
    
    5) Delivery and Shipping Conditions
    
    5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller's order processing is decisive for the processing of the transaction.
    

    5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, the provisions made in the Seller's withdrawal policy shall apply if the Customer effectively exercises their right of withdrawal.

    5.3 If the Customer is acting as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding this, if the Customer is a consumer, the risk of accidental loss and deterioration of the sold goods also passes to the Customer as soon as the Seller has handed over the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the Customer has instructed the carrier, the freight forwarder, or the other person or institution designated to carry out the shipment to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

    5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already provided will be refunded without delay.

    5.5 Self-collection is not possible for logistical reasons.

    5.6 Vouchers will be provided to the Customer as follows:

    -by download
    -by e-mail
    

    
    6) Retention of Title

    If the Seller provides goods in advance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

    1. Warranty for Defects

    Unless otherwise stated in the following provisions, the statutory provisions regarding warranty for defects shall apply. Contrary to this, for contracts for the sale of goods:

    7.1 If the Customer is acting as a business entity,

    - the seller has the choice of the type of subsequent performance; - in the case of new goods, the limitation period for defects is one year from delivery of the goods;
    - the rights and claims for defects are excluded for used goods;
     - the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
    
    7.2 The liability limitations and shortened periods for asserting claims for defects set forth above do not apply for
    -claims for damages and reimbursement of expenses by the customer,  - in the event that the seller has fraudulently concealed the defect,
     - for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
     - for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
    

    
    7.3 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

    7.4 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to fulfill the obligations stipulated therein, the goods shall be deemed approved.

    7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and notify the Seller accordingly. Failure to comply with this requirement will not affect the Customer's statutory or contractual warranty claims.
    
    7.3 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
    
    7.4 If the Customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to fulfill the obligations stipulated therein, the goods shall be deemed approved.
    
    7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and notify the Seller accordingly. Failure to comply with this requirement will not affect the Customer's statutory or contractual warranty claims.

    8) Redemption of Promotional Vouchers
    
    8.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
    
    8.2 Individual products may be excluded from the voucher promotion, if such a restriction arises from the content of the Promotional Voucher.
    
    8.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
    
    8.4 Only one Promotional Voucher can be redeemed per order.
    
    8.5 The value of the goods must be at least equal 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 chosen to settle the difference.
    
    8.7 The credit of a Promotional Voucher will not be paid out in cash or bear 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 their statutory right of withdrawal.
    
    8.9 The Promotional Voucher is transferable. The Seller can fulfill their obligations with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller is aware or negligently unaware of the lack of authorization, incapacity to contract, or lack of representation authority of the respective holder.
    
    9) Redemption of Gift Vouchers
    
    9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
    
    9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.
    
    9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
    
    9.4 Only one Gift Voucher can be redeemed per order.
    
    9.5 Gift Vouchers can only be used to purchase goods and not for the purchase of further Gift Vouchers.
    
    9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
    
    9.7 The credit of a Gift Voucher will not be paid out in cash or bear interest.
    
    9.8 The Gift Voucher is transferable. The Seller can fulfill their obligations with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller is aware or negligently unaware of the lack of authorization, incapacity to contract, or lack of representation authority of the respective holder.
    
    10) Applicable Law
    
    For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
    
    11) Alternative Dispute Resolution
    
    11.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
    
    This platform serves as a point of entry for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
    
    11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
    
    12) Priority to the German version of the document
    In the case of a disputed translation, the German version of Terms of Service considered the primary document: https://souldancestyle.de/policies/terms-of-service