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Terms of Service

Table of contents
Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Limitation of liability
Liability for defects (warranty)
Redemption of promotional vouchers
Applicable law
Alternative dispute resolution


1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the website operator "Soultoes" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, 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 outside his trade, business or profession. 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 store do not constitute binding offers on the part of the seller, but serve to submit 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 store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard 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 telephone or e-mail.

2.3 The seller can accept the customer's offer within ten days,

by sending the customer a dispatch confirmation in text form (fax or e-mail), whereby the receipt of the dispatch confirmation by the customer is decisive in this respect, 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.
2.4 If the payment method "PayPal Express" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.Ă  r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Only the english language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.9 When ordering tobacco products, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him may accept the goods.

3) Right of withdrawal
3.1 Consumers in accordance with §13 BGB are generally entitled to a right of withdrawal.

3.2 Products with a 30-day money-back guarantee can be refunded within 30 days of purchase without reason. The right of withdrawal remains unaffected.

3.3 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.5 If the revocation is explained too late and the return shipment arrives late at the returns warehouse, then the return shipment can be destroyed free of charge or sent back to the customer for a flat-rate shipping fee of €7.90.

3.6 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are sent to the customer free of charge, which is why we cannot bear the additional return costs.

4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. The customer is responsible for any additional charges incurred. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

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

4.5 If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.Ă  r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipping to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. If the delivery address provided proves to be incorrect and the shipment cannot be delivered, the service shall nevertheless be deemed to have been rendered and the customer shall bear the costs for the unsuccessful shipment.

5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered. If the goods are returned, the customer undertakes to bear the transportation and delivery costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 The delivery time can be found in our shipping information. Delivery times are estimates and may vary due to external factors (corona pandemic). In most cases, the order will reach the customer after 5-10 working days. In certain cases, the delivery time may take 45 days. All orders are shipped directly to the customer by our international business partners. Any customs duties incurred are the responsibility of the customer.

5.5 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, which is why we cannot bear the return costs.

6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Limitation of liability
The seller's liability for all operational activities is limited to a sum of €1000.

8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

8.2 Notwithstanding this, the limitation period for claims for defects for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply

for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, and
in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9) Redemption of discount codes
9.1 Discount codes that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer can only be redeemed in the seller's online store and only during the specified period.

9.2 Discount codes can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount if a corresponding restriction results from the content of the discount code.

9.4 Discount codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one discount code can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the discount code. Any remaining credit will not be refunded by the seller.

9.7 If the value of the discount code is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The credit balance of a discount code is neither paid out in cash nor does it bear interest.

9.9 The discount code will not be refunded if the customer returns the goods paid for in full or in part with the discount code within the scope of his statutory right of withdrawal.

9.10 The discount code is only intended for use by the person named on it. The discount code may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective discount code holder.

10) Applicable law
The law of the UK shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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