General Terms and Conditions for SONIUSH Fashion GmbH

Last updated: 12/10/2016

by agreements that are concluded using the www.soniush.de website between

SONIUSH Fashion GmbH

Europa-Allee 79, 60486 Frankfurt am Main
referred to in the following as “Provider”

and

the Customer referred to in § (…) of the Agreement
referred to in the following as “Customer.”

1 Scope, definitions

(1) The following General Terms and Conditions apply exclusively to the business relationship between the web shop provider (hereinafter “Provider”) and the Customer (hereinafter “Customer”) in their current version at the time of the order. No differing conditions of the purchaser shall be recognized, unless the Provider expressly agrees to their validity.

(2) Consumers are every natural person who concludes legal transactions for purposes that cannot be predominately attributed to either their business activity or their independent business activity. However, a business owner is a natural person, legal entity, or a partnership with legal capacity, which when it concludes legal transactions is acting while exercising its business activity or independent business activity. A partnership with legal capacity is a partnership capable of acquiring rights and incurring obligations.

2 Conclusion of Agreements, confirmations, and mandatory information

(1) The Provider offers items on the www.soniush.com website (many different types of clothing), which are colored with various themes that can be selected and can be customized for Customers by text or theme according to the Customer’s wish (hereinafter “Products”).

(2) Customers can select Products from the Provider’s product range and put them into what is called a shopping cart using the “put into shopping cart” button. Customers make a binding request to purchase the goods contained in the shopping cart by the “Purchase now” button. Before hitting this button, Customers are free to change and review the items in their carts.

(3) The Provider shall immediately verify the transmitted order information. The Agreement is created after verification has been made by the Provider and after the Provider provides the declaration of acceptance, which is sent by email to the email address indicated by the Customer and in which the Customer’s order and the rest of the content of the concluded Agreement is listed. The Customer can print out this declaration using the “print” function. This email also confirms the receipt of the order.

(4) If the Customer selects PayPal Express, the Provider shall forward the order information to the appropriate payment providers (PayPal (Europe) S.à r.l. et Cie, S.C.A. in Luxembourg), who also conduct a verification. The payment providers then receive the paid amount in the name of the Provider, re-transmit the order information, and inform the Provider about the payment that was made. The Agreement is created after verification has been made by the Provider and after the Provider provides the declaration of acceptance, which is sent by email to the email address indicated by the Customer and in which the Customer’s order and the rest of the content of the concluded Agreement is listed. The Customer can print out this declaration using the “print” function. This email also confirms the receipt of the order.

(5) As soon as the Provider has received the payment amount after the conclusion of the Agreement, the Provider shall confirm this to the Customer by email. Furthermore, the Provider shall inform the Customer by email when the Provider has transferred the ordered goods to the shipping provider.

3 Delivery, availability of goods

(1) If the Customer orders an object described by its classification, especially regarding quality, color, weight, measurements, and design, the Provider shall deliver an item of average kind and quality free of charge by insured delivery within Germany. A lump sum shipping fee shall be invoiced for foreign deliveries.

(2) If the Product that the Customer selects is out of stock at the time of the Customer’s order, the Provider shall immediately inform the Customer of this in the order confirmation. If the Product is permanently unavailable, the Provider shall abstain from a declaration of acceptance. In this case, no Agreement is created.

(3) If the Product referred to by the Customer in the order is only temporarily unavailable, the Provider shall likewise immediately notify the Customer of this in the order confirmation. If there is a delivery delay, the Customer has the right to rescind the Agreement.

(4) Shipment shall be made after payment has been received and after production has been concluded. In the previously stated case, processing is handled with preference to orders received that day. Shipments are made after production is concluded for payments on accounts.

(5) If not otherwise stated during the ordering process, the planned delivery term is 14 business days after payment is received. 7-10 business days of this time shall be required to produce and/or print the textile. Another 1 to 2 business days shall be required for expected mailing time. If an order involves large quantities or complex production processes, the production time shall be extended by an appropriate term. The Provider hereby notes that it delivers goods by a postal service provider, and has no influence over postal delivery times. As an exception, the delivery time for orders placed before holidays (such as Christmas) can be extended by an appropriate term.

4 Reservation of title

(1) The delivered goods remain the property of the Provider until payment has been completed. If the Customer is a merchant, paragraphs 2 to 5 that follow also apply.

(2) The delivered goods remain the property of the Provider until all claims are fulfilled that are due to the Provider from the Customer now or in the future including all balance debts on current accounts. If the Customer behaves in a way that is contrary to the Agreement – especially providing that the Customer is in arrears with paying a payment claim –, the Provider has the right to take back the goods subject to reservation of title after the Provider has set an appropriate deadline for the Customer to pay. Provided that the Provider takes back the goods subject to reservation of title, it constitutes rescission of the Agreement. The Customer bears the transportation costs for repossession that are incurred and/or refundable. If the Provider attaches the goods subject to reservation of title, it also constitutes rescission of the Agreement. The Provider is allowed to use goods subject to reservation of title that it takes back.

(3) The Customer must treat the goods subject to reservation of title with care. The Customer must sufficiently insure the goods to cover the original value at the Customer’s costs against damages from fire, water, and theft.

(4) If the goods subject to reservation of title are attached by a third party or by other third-party interventions, the Customer must give notice of the Provider’s ownership and must immediately inform the Provider in writing so that the Provider can enforce its rights of ownership. Provided that the third party is not able to reimburse the related court costs or out of court costs, the Customer is liable therefor.

(5) If the Customer requests this, the Provider agrees to release the securities to which it is entitled insofar as the realizable value of the claims exceeds the value of the open claims against the Customer by more than 10%.

5 Delivery restrictions, prices, and shipping costs

(1) Deliveries are made exclusively in the Federal Republic of Germany (if need be to the following countries:
Germany, Austria, Switzerland, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, the United Kingdom, Ireland, Italy, Lithuania, Liechtenstein, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, and Hungary.
There is a delivery limitation for all other countries. This means that the Provider does not deliver goods there. If the Customer would like to conclude a purchase agreement with the Provider, the Customer agrees to pick up the goods at the Provider’s headquarters in the event of a delivery limitation for the Customer’s residence.

(2) The current prices at the time of the order apply. All pricing information is understood as including applicable valid statutory value-added tax. If the offer is a limited offer, the Provider shall give notice of the duration of the limitation in the web shop.

(3) For orders of goods that shall be sent to Germany, Austria, France, the Czech Republic, and Slovakia, value-added tax shall be collected by the responsible authorities in the target country. The Provider then states the prices including the applicable value-added tax in the target country. Value added tax shall be collected by the German tax authorities for deliveries to the remaining EU countries. Therefore, the Provider states the value-added tax applicable to the Federal Republic of Germany.

(4) Since tariff costs cannot be reasonably calculated in advance, notice shall be given to the Customer that the order with respect to the reasons is subject to tariffs. The Customer agrees in accordance with the tariff laws to make and/or cause the goods to be properly declared directly after crossing the border into the target country.

(5) The applicable shipping costs shall be indicated to the Customer on the order form.
Shipping costs for foreign deliveries are derived from the current, applicable lump-sum shipping costs.

(6) The goods are shipped by mail (DHL). The Provider bears shipping risks if the Customer is a consumer.

6 Payment terms

(1) If the Customer has its residence and/or registered seat in Germany, the Customer can make payments by

bank transfer
credit card
PayPal.

 

(2) Foreign Customers may pay by

SEPA bank transfer

credit card, or by
PayPal.

(3) The Provider’s banking information is:

SONIUSH Fashion GmbH
Frankfurter Sparkasse
IBAN: DE04 5005 0201 0200 6309 89
SWIFT HELADEF1822

(4) The Customer’s obligation to pay default interest does not exclude the Provider’s right to assert other claims for damages resulting from delay.

7 Warranty for defects, guaranty

(1) The Provider assumes liability for defects in accordance with the applicable statutory provisions, in particular in accordance with §§ 434 et seq. of the German Civil Code (BGB). Deviating from this, the warranty period is 12 months for Business Owners for new items that the Provider delivers. Claims for damages as provided for below in § 8 (liability) are exempted from this shortening of the warranty period.

(2) Additional warranties only exist for goods delivered by the Provider if these warranties were explicitly given in the order confirmation for the individual items.

8 Liability

(1) The Customer is excluded from asserting any claims for damages. This excludes claims for damages incurred by the Customer from injury to life, limb, health, or the breach of substantive contractual obligations (what are called cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty of the Provider, its legal representatives, or agents. Substantive contractual obligations are such obligations whose performance is necessary to reach the goal of the Agreement. For example, this would be transferring items that are free of defects.

(2) The Provider assumes liability for breach of substantive contractual obligations only to the extent of typical contractual, foreseeable damages if they were caused by simple negligence, unless they are the Customer’s claims for damages from an injury to life, limb, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and agents if claims are being asserted directly against them.

(4) The provisions of the German Product Liability Act remain unaffected.

9 Right to cancellation for distance agreements

(1) The following Agreements cannot be revoked:

– agreements to deliver goods (such as jackets or hats) that are not pre-made and which require you, the Customer, to make an individual selection or determination for production, or

– agreements clearly tailored to your personal requests (i.e. jackets with personal texts or themes).

ATTENTION! If additional goods are added subsequently that do not have any customization features, a general cancellation notice applies.

(1) If the Agreement is a distance agreement, § 10 that follows (cancellation instructions for goods) applies if the Customer is a Consumer.

(2) Distance agreements are agreements by which the Business Owner or a person acting in its name or on its behalf and the Consumer exclusively use means of distance communication for the contractual negotiations and concluding the Agreement, unless the Agreement is not concluded by using a sales or service system that is organized for distance sales

10 Cancellation instructions for goods

(1) Right of cancellation
You have the right to cancel this Agreement within fourteen days without giving any reason. The cancellation period is fourteen days starting on the day on which you or a third party named by you who is not the shipper have taken possession of and/or have the goods. In order to exercise your right of cancellation, you must inform us (SONIUSH Fashion GmbH, email address: contact (at) soniush.de) by a clear notification about your decision to cancel this Agreement. The notice of cancellation shall be deemed timely if it has been sent before the expiry of the cancellation period stated herein.

(2) Consequences of cancellation
If you cancel this Agreement, we shall refund you all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) immediately and at the latest within fourteen days from the date on which your notice of cancellation of this Agreement has been received by us. We will provide the refund using the same method of payment that you used for the initial transaction, unless otherwise explicitly agreed upon with you; in no case, will you be charged fees for this refund. We can refuse a refund until we have received the goods back again or until you have provided proof that you sent the goods back depending on which point in time comes first.

You shall send back or hand over the goods to us immediately and in any case at the latest within fourteen days starting on the day on which you inform us of the cancellation of this Agreement. The period is observed if you send back the goods before the expiry of the period of fourteen days. We bear the cost of sending back the goods. You only have to pay for any loss of value of the goods if this loss of value can be traced back to unnecessary handling of the goods to verify the quality, characteristics, and functionality of the goods.

11 Copyrights to printed designs, indemnification

The Customer explicitly assures that it is entitled to publish and duplicate the texts and themes in question. The Customer in particular assures that it shall uphold the data privacy rights and/or personal rights of any affected parties. The Customer hereby undertakes not to transfer any data with content that would violate third party property rights (such as labeling rights, copyrights) or that would violate any existing laws or common decency.
Furthermore, we reserve the right to subject racist, political, or individually discriminatory text content to a special verification and to reject providing Products with such content.

12 Final provisions

(1) Agreements entered into between the Provider and the Customer are subject to the laws of the Federal Republic of Germany excluding the UN Sales Convention.

(2) Provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered seat.

(3) If any terms or provisions herein are legally invalid, the remainder of the Agreement remains valid. The invalid points will be replaced by any statutory provisions if available. Provided that this would constitute undue hardship for a contracting party, the Agreement becomes ineffective in its entirety.

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