Terms of service

Terms and Conditions and Customer Information

I. Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts which you conclude with us as the provider (Mamadou Aliou Diallo) via the website https://softlivingco.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
  2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

  1. The subject matter of the contract is the sale of goods.
  2. By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
  3. The contract is concluded via the online shopping basket system as follows:
    The goods intended for purchase are placed in the “shopping basket”. You can access the “shopping basket” at any time via the corresponding button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Continue to Order” button (or similar wording) and entering your personal details as well as the payment and shipping conditions, the order details will finally be displayed to you as an order summary.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order details will be displayed to you as an order summary either on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check the information in the order summary again, change it (also using the “back” function of the internet browser), or cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place paid order”, “pay” / “pay now”, or similar wording), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

  1. The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that 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 you select a payment method offered via PayPal / PayPal Checkout, payment processing will be 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; “PayPal”).
    The individual payment methods available via PayPal are displayed under a correspondingly labelled button on our website and during the online ordering process. PayPal may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information about PayPal can be found at PayPal’s legal information page.
  2. Payment via “Mollie”
    If you select a payment method offered via Mollie, payment processing will be carried out via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
    The individual payment methods available via Mollie are displayed under a correspondingly labelled button on our website and during the online ordering process. Mollie may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information about Mollie can be found on the Mollie website.
  3. Payment via “Stripe”
    If you select a payment method offered via Stripe, payment processing will be carried out via 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 available via Stripe are displayed under a correspondingly labelled button on our website and during the online ordering process. Stripe may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information about Stripe can be found on the Stripe website.

§ 4 Right of Retention, Retention of Title

  1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until full payment of the purchase price has been made.

§ 5 Warranty

  1. The statutory rights for defects apply.
  2. As a consumer, you are requested 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 does not affect your statutory warranty claims.
  3. If a characteristic 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.

§ 6 Choice of Law

  1. German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn (principle of favourability).
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Mamadou Aliou Diallo
Horneburg 37
44869 Bochum
Germany
Phone: 015739652604
Email: softlivingco.office@gmail.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions under “Conclusion of the Contract” in our Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1 Contract Language

The contract language is German.

3.2 Storage of the Contract Text

We do not store the complete contract text. Before submitting the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Arrangements

5.1

The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2

The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free delivery has been promised.

5.3

The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.4

Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1

The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2

Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person designated to carry out the shipment who was not named by the trader.

7. Statutory Liability for Defects

Liability for defects is governed by the provision under “Warranty” in our Terms and Conditions (Part I).

These Terms and Conditions and customer information were prepared by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of legal warnings. Further information can be found on the Händlerbund website.

Last updated: 22 October 2024