Terms of service

Scope of Application
Conclusion of Contract
Right of Cancellation
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Assembly/Installation Services
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Fatih Kutun, trading as "Soul Essential" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 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 independent professional activity.

2) Conclusion of 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 for the submission of 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. After placingHier ist eine präzise und fachgerechte englische Übersetzung deiner Allgemeinen Geschäftsbedingungen (AGB):

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Assembly / Installation Services
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Fatih Kutun, trading under "Soul Essential" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of 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 for the submission of 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, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or telephone.

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 (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, 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 exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting 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 a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When ordering via the Seller's online order form, the text of the contract is saved by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by specifying the corresponding login data.

2.5 Prior to binding submission of the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their inputs within the scope of the electronic ordering process using standard keyboard and mouse functions until clicking the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact usually take place automatically via email. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are fundamentally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy (Widerrufsbelehrung).

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 For orders of custom-made products, a down payment of 25% of the total purchase price (gross) must be made. The specific down payment amount will be shown to the Customer prior to submitting the order in the ordering process and in the order confirmation. The down payment becomes due upon conclusion of the contract and must be paid to the account specified by the Seller within 14 days. The Seller will only begin manufacturing the custom product after full receipt of the down payment. Delays resulting from late payment of the deposit shall not be at the Seller's expense. The remaining amount of the purchase price is due upon completion of the goods and is payable concurrently against delivery of the goods.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use third-party payment services for which special payment terms may apply, to which the Customer may be pointed out separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/.

4.6 If SEPA Direct Debit is selected, the invoice amount is due after issuing a SEPA Direct Debit mandate, but not before the deadline for pre-notification of payment has expired. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if they are responsible for it. The Seller reserves the right to carry out a credit check when selecting SEPA Direct Debit and to reject this payment method in the event of a negative credit check.

4.7 If the "PayPal Direct Debit" payment method is selected, PayPal collects the invoice amount from the Customer's bank account on behalf of the Seller after issuing a SEPA Direct Debit mandate, but not before the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the Customer objects to the debit despite not being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if they are responsible for it.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping for the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs for shipping the goods to the Customer if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions made in the Seller's cancellation policy apply in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer or an authorized recipient upon handover of the goods. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the freight forwarder, carrier, or person/institution designated to carry out the shipment, if the Customer commissioned the freight forwarder, carrier, or person/institution to carry out the shipment and the Seller did not previously name this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this only applies in the event that the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and any counterperformance already rendered will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performances, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following regulations, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller has the choice of the type of supplementary performance (Nacherfüllung);
for new goods, the limitation period for defect rights is one year from delivery of the goods;
for used goods, rights for defects are excluded;
the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of deadlines regulated above do not apply:

to 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 structure in accordance with their customary purpose and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification duties regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual defect claims.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses, including tort claims, as follows:

8.1 The Seller is liable without restriction for any legal reason:

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise agreed in this respect,
due to mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply: If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the Customer may regularly rely. Otherwise, liability on the part of the Seller is excluded, unless unlimited liability applies in accordance with the preceding clause.

8.3 The above liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Special Conditions for Assembly / Installation Services

If, according to the contract, the Seller owes assembly or installation of the goods at the Customer's location as well as any corresponding preparatory measures (e.g., taking measurements) in addition to the delivery of goods, the following shall apply:

9.1 The Seller performs his services at his discretion either in person or through qualified personnel selected by him. In doing so, the Seller may also utilize the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the requested service.

9.2 The Customer must provide the Seller with all information required for the provision of the owed service completely and truthfully, provided that obtaining this information does not fall under the Seller's duties according to the contract content.

9.3 The Seller will contact the Customer after conclusion of the contract to agree on a date/time for the owed service. The Customer shall ensure that the Seller or the personnel commissioned by him has access to the relevant facilities of the Customer on the agreed date.

9.4 The risk of accidental loss and accidental deterioration of the sold goods transfers to the Customer only upon completion of the assembly work and handover to the Customer.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws governing the international purchase of movable goods (UN Sales Convention / CISG). For consumers, this choice of law only applies 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.