terms and conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts, which you conclude with us as the supplier Sou Dresses ( Soumaya Mohaya) via the website www.soudresses.de . Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and textiles.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Klarna, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Customized goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Special agreements on offered payment methods
Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- PayPal
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Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
5 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
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customer information
1. Identity of Seller
Soumaya Mohaya
Konradstrasse 4
40229 Dusseldorf , Germany
Telephone: 0177 745 9732
Email: info@soudresses.de or soudresses@outlook.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and 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 called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
Online shop & payments
description and purpose
We use your personal data to process your online purchases (your orders and returns are processed through our online services) and to send you delivery status updates or notifications of problems with the delivery of your items. We use your personal data to process your payments. We also use your information to process complaints and product warranty claims. Your personal information is used to verify your identity, ensure you are of legal drinking age and verify your address with third party partners. We offer you several payment methods.
If you decide to pay with one of the online payment service providers we offer as part of your order process, your contact details will be sent to them as part of the order placed in this way. The personal data transmitted to the online payment service provider is mostly first name, last name, address, IP address, e-mail address, or other data required for order processing, as well as data related to the service, such as the type of service, identity of the recipient, invoice amount and taxes in percent, billing information, etc. This transmission is necessary to carry out the service with the payment method you have selected, in particular to confirm your identity, to administer your payment and the customer relationship. However, please note: The online payment service provider can also pass on personal data to service providers, subcontractors or other affiliated companies insofar as this is necessary to fulfill the contractual obligations arising from your order or the personal data is to be processed in the order, depending on the selected payment method.
legal basis
The lawfulness of the transfer of the data results from Article 6 Paragraph 1 Letter b) GDPR, for the implementation of the payment method you have selected as well as our legitimate interests in accordance with Article 6 Paragraph 1 Letter f) GDPR Enabling user-friendly and uncomplicated payment processing. Furthermore, our legal basis is to fulfill our sales contract concluded with you in accordance with Article 6 Paragraph Sentence 1 lit. b) GDPR.
recipient
The recipient is the respective payment service provider, such as:
- American Express Services Europe Ltd., Mastercard SA,
- Visa Europe Services Inc.,
- PayPal (Europe) S.à.rl & Cie. SCA,
- Klarna Bank AB (publ). Headquarters: Stockholm, Sweden. All rights reserved. Klarna Bank AB (publ). Sveavägen 46, 111 34 Stockholm
- Amazon Payments Europe sca (secondary to Amazon EU SARL, Amazon Services Europe SARL and Amazon Media EU SARL),
- Stripe Inc. or micropayment GmbH.
duration of processing
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In addition, the data will be deleted if you revoke your consent or request the deletion of the personal data.
Right of withdrawal
Right of Withdrawal
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day
- on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and this is or will be delivered in one go;
- on which you or a third party named by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces;
In order to exercise your right of withdrawal, you must inform us (Sou Dresses, Konradstrasse 4, 40229 Düsseldorf, Germany) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or expiration
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
- for the delivery of goods, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
The right of withdrawal expires prematurely for contracts
- with food
- for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
