General Terms and Conditions with Customer Information

1.  Scope

2.  Contract

3.  Prices and payment terms

4.  Delivery and shipping conditions

5.  Withdrawal

6.  Ownership

7.  Responsibility for defects

8.  Liability

9.  Indemnification in the event of infringement of third-party rights

10. Applicable Law

11. Information on online dispute resolution

1.  Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "T&Cs") of "Isabelle Murielle Kouoguem Tchuenche", trading as "SoulXpression Gallery" (hereinafter referred to as the "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer's own terms and conditions is objected to, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2.  Contract

2.1 The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.

2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the necessary data for order processing is recorded. At the end of the ordering process, a summary of the order and contract data appears.

Only after confirming these order and contract data by clicking on the button concluding the ordering process does the customer submit a binding offer for the purchase of the goods contained in the shopping cart.

2.3 The Seller accepts the Customer's offer through the following possible alternatives:

  -  Sending a written order confirmation or an order confirmation in text form (fax or e-mail) or

   -  Request payment to the customer after placing the order, or

-  Delivery of the ordered goods

The first alternative that has occurred is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 constitutes the rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the payment method "PayPal" or "PayPal Express" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"). The PayPal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button concluding the order process. If the customer also places the payment order with PayPal at the same time by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above regulations.

2.5 The contractual text of the contract concluded between the seller and the customer is stored by the seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completing the order, the text of the contract can no longer be viewed online by the customer.

2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, buttons are available to the customer for correction, which are labeled accordingly.

2.7 The language of the contract is German.

2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.

3.  Prices and payment terms

3.1 The prices shown are final prices, unless otherwise agreed.

The seller is a small business within the meaning of sec. 19 para. 1 of the German VAT Act and therefore does not show VAT. If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.

The customer is advised to check the details with the respective institutions or authorities before ordering.

3.3 The customer can select the payment methods available in the online shop.

3.4 When paying via "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22- 24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply here. These can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full .

4.  Delivery and shipping conditions

4.1 The delivery of goods by shipment will be made to the delivery address provided by the customer. In deviation from this, the delivery address provided by the customer to PayPal at the time of payment is decisive for payment by PayPal.

4.2 If the Seller incurs additional costs due to the indication of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him appropriate notice of the service in advance. Excluded from this regulation are the costs of outward shipping if the customer has effectively exercised his right of withdrawal. In this case, the statutory regulation or the regulation made by the seller remains.

4.3 Pick-up is not offered.

5.  Withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The seller's cancellation policy applies to the right of withdrawal.

6.  Ownership

If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.

7.  Responsibility for defects

7.1 With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed.

7.2 The customer is requested to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect on the customer's statutory or contractual claims for defects.

8.  Liability

The liability of the Seller from all contractual, quasi-contractual and statutory, as well as tortious claims for compensation for damages and expenses is determined as follows:

8.1 The seller is only liable without limitation for damages that are due to intentional or grossly negligent conduct.

In the event of injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations), the seller is liable even in the event of slight negligence.

A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely.

As regulated above, the seller shall also be liable on the basis of a promise of guarantee, unless is otherwise regulated.