Terms and conditions
and Conditions (GTC) General Terms and Conditions and Customer Information
I. General Terms and Conditions
? 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you have with us as the provider (Soukshop, Managing Director / in: Yassine CHAKIB & Khalid Bellafkih ) via the Internet platform https://soukshop.market . Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
? 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Will an article by us at https://soukshop.market If the offer page is activated, the binding offer to conclude a purchase contract for the conditions contained in the article page lies with us.
(3) For the conclusion of the contract are our terms and conditions, especially ? 6.
"? 6 Conclusion of contract
(5) The purchase of an article is created by the customer clicks the button" Pay Now "and then confirmed. The buyer can also complete the immediate subsequent payment process for multiple items that put items in the shopping cart (if available).
(6) Purchase via the function "Add to cart".
Clicking on the "Add to cart" buttons on the article pages does not yet lead to binding contract declarations. You also have the option to check your entries and correct them via the "Back" button of the Internet browser or to cancel the purchase. Only with the submission of the binding contract declaration does this option no longer exist.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
? 3 right of retention,
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies in addition:
a) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
? 4 Warranty
(1) The statutory provisions apply.
(2) Insofar as you are an entrepreneur, deviating from para. 1:
a) The quality of the goods is understood to apply only to our own information and the manufacturer's product description as agreed, but not to other advertising, public suggestions and expressions of the manufacturer.
b) You are obliged to inspect the goods immediately and with due diligence on quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in writing, to meet the deadline, the timely dispatch is sufficient. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
c) In the case of defects, we provide warranty at our discretion through repair or replacement. If the defect elimination fails twice, you can request a reduction or withdraw from the contract. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is two years from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damages or malice, as well as to recourse claims according to ?? 478, 479 BGB.
? 5 Liability
(1) We are liable in each case to a limited extent for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of the guarantee for the condition of the object of purchase Damage according to the Product Liability Act and in all other legally regulated cases.
(2) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the contract imposed on us by its content to the purpose of the contract, making the fulfillment of the proper execution of the contract at all possible and whose compliance you can regularly trust.
(3) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
? 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) Place of performance for all services from our existing business relationships and jurisdiction is our headquarters, as far as you are not a consumer, but a merchant, a legal entity under public law or public special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
The European Commission provides a platform for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/
? 7 Prices, shipping costs, return costs
All prices are final prices and include the statutory value added tax. The following shipping costs apply once per order: . If there is a right of withdrawal and is made of this use, the customer bears the cost of the return.