Terms of service
General Contract Conditions and information for customers
I. General Contract Conditions
§ 1 Fundamental provisions
(1) The following conditions apply to all contracts concluded with us as a service provider (SoBuy Commercial GmbH) via the website www.sobuy.de. Unless otherwise agreed, the application of your own conditions is not foreseen.
(2) The consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which cannot be attributed either to his commercial activity or to his self-employed professional activity. The professional is any natural or legal person or a partnership with legal capacity who, in concluding legal transactions, acts in execution of his own independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) When we place a product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
the goods you are considering for purchase are saved in the "cart". Using the appropriate button in the navigation bar you can open the "cart" and make changes at any time.
After clicking on the "checkout" or "proceed to order" button (or similar) and after entering your personal data and the payment and shipping conditions, you will finally be shown the order data in summary form.
If you use instant payment as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will be guided through the order overview page of our online shop or forwarded to the website of the provider of the instant payment system.
If you are directed to the immediate payment system, enter or select the required data. Finally, you will be taken to the website of the instant payment provider or, after being redirected to our online shop, your order data will be shown to you as an overview. Before sending the order, you have the possibility to check or change the data entered in the order overview once again (also via the "Back" function of the Internet browser), or to cancel the order. By sending the order via the appropriate button ("buy now", "buy"/"buy now", "binding order" or similar), you confirm that you accept the offer in a legally binding manner, thus concluding the contract.
(4) The processing of the order and the transmission of all information necessary for the conclusion of the contract takes place via e-mail in a partially automated manner. Please ensure that the e-mail address stored with us corresponds, that the receipt of e-mails is technically ensured and, in particular, that it is not blocked by the SPAM filter.
§ 3 Special agreements relating to the payment methods offered
(1) Payment via Klarna In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Payment is made to Klarna in each case:
- Instant bank transfer (“Pay Now”) Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1 .0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).
§ 4 Right of retention, retention of title
(1) You may exercise the right of retention only if they concern credits from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) Legal warranty claims for defects apply.
(2) As a consumer, please check the goods upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the shipping company as soon as possible. If omitted, this does not affect statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if the user was adequately informed about it before signing the contract and the deviation was explicitly and separately agreed between the parties.
§ 6 Applicable law, place of performance, competent court
(1) German law applies. For consumers, this applicable law only applies if the protection granted is not taken away from the binding provisions of the law of the state of habitual residence of the consumer (principle of the prevalence of the most favorable law).
(2) The place of performance for all performance of business relations with us and the place of jurisdiction are our registered office, if you are not a consumer but a trader, a legal entity under public law or a separate asset under public law. The same applies if you do not have a general place of jurisdiction in Germany or the European Union or if your domicile or habitual residence is not known at the time of the summons. The right to appeal to the court of another competent jurisdiction remains unaffected.
(3) The provisions of the Vienna Convention on the International Sale of Goods are expressly not applicable.
II. Customer information
1. Identity of the seller
SoBuy Commercial GmbH
Meiendorfer Amtsweg 5
22145 Stapelfeld
Germany
Telephone: +49040537984906
email: info@sobuy-shop.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court alternative dispute resolution, accessible at https://ec.europa.eu/consumers/odr (https://ec.europa.eu/consumers/odr).
We are neither willing nor obliged to participate in dispute resolution procedures before consumer conciliation bodies.
2. Information relating to the formulation of the contract
The technical steps related to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulation "conclusion of the contract" in our standard business conditions (part I.).
3. Contract language, saving the contract text
3.1 The contractual language is Italian.
3.2 The complete contract text is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Business Conditions will be sent back to you by e-mail.
4. Behavioral codes
4.1 We have adhered to the quality criteria of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).
5. Main characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the relevant offer.
6. Prices and payment methods
6.1 The prices shown in the respective offers represent overall prices. They contain all price components, including all taxes.
6.2 Shipping costs accrued are not included in the purchase price. They can be accessed via a correspondingly marked button on our website or in the relevant offer, are shown separately during the ordering process and must be paid for by you, unless shipping is free.
6.3 The payment methods available to you are visible by pressing a correspondingly marked button on our website or in the relevant offer.
6.4 Unless otherwise specified for individual payment methods, the payment rights resulting from the stipulated contract expire immediately.
7. Delivery terms
7.1 The conditions, deadlines and any existing supply restrictions can be viewed by pressing a correspondingly marked button on our website or in the relevant offer.
7.2 If you are a consumer, it is established by law that the risk of casual loss or casual deterioration of the thing sold during shipment passes to the customer only upon delivery of the goods, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by us or a person responsible for carrying out the shipment.
8. Legal warranty right for defects
Liability for defects is based on the "guarantee" rules contained in our General Conditions (part I).
These General Terms and Conditions and the customer information were drawn up by lawyers specializing in IT law of the Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is responsible in case of warnings. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 22.10.2024