Terms of service

Section 1: Basic Provisions

(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all online contracts concluded via the website sochili.com between us, sochili GmbH, located at Freie-Vogel-Straße 369, 44269 Dortmund, Germany, represented by the managing director Moritz Everding, registered at the District Court Dortmund under HRB 33522, VAT ID: DE349711556, email: hello@sochili.com, and you as our customer (hereinafter also referred to as "Purchaser" or "User").

(2) Our GTC apply exclusively; contrary or deviating conditions of the Purchaser are not recognized, unless we have expressly agreed to their validity. Our GTC also apply if we carry out the delivery to the Purchaser without reservation, knowing about contrary or deviating conditions of the Purchaser.

(3) These GTC apply both to entrepreneurs within the meaning of § 310 para. 1 BGB or § 14 BGB (German Civil Code) and to consumers within the meaning of § 13 BGB. (a) Consumer is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. (b) Entrepreneur is a natural or legal person or a legally responsible partnership that acts in the course of a commercial or self-employed professional activity when concluding a legal transaction.

Section 2: Conditions of Use

(1) A personal prerequisite for using the service is the unrestricted legal capacity of the user. By registering, the user confirms that they are at least 18 years old and have unrestricted legal capacity.

(2) The online service uses cookies. If the user's browser settings do not allow cookies, use of the online service may be impossible or only possible with significant restrictions.

Section 3: Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, the order data is displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal Express) as the payment method, you will either be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data is displayed to you on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the web browser), or to cancel the order.
By clicking the corresponding button ("Place Order with Payment Obligation" or similar designation), you make a legally binding acceptance of the offer, which leads to the conclusion of the contract.

Section 4: Right of Withdrawal for Consumers

(1) Right of withdrawal: If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

(2) Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost 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.

(3) Sample Withdrawal Form:

If you wish to withdraw from the contract, please complete this form and send it back to:

sochili GmbH
Freie-Vogel-Straße 369
44269 Dortmund
Email: hello@sochili.com

I hereby withdraw from the contract concluded by me on [insert date]
for the purchase of the following goods: [insert product or item description]
Ordered on/ received on: [insert date]
Name of the consumer: [Enter your name]
Address of the consumer: [Enter your address]
Signature of the consumer (only if communicated on paper):
Date: [Enter date]

Please note that you need to fill in the relevant information in the respective fields. This form is intended to clearly and unequivocally communicate your withdrawal. You can send it either by post or by email to the contact details provided above.

Section 5: Special Agreements on Offered Payment Methods

(1) As payment methods, we offer the following options: Credit card (MasterCard, Visa, American Express, Maestro Card), PayPal, Instant Bank Transfer, Payment by Invoice (Klarna), Shop Pay, Google Pay, and Apple Pay.

(2) Payment via Instant Bank Transfer: When selecting the payment method Instant Bank Transfer, the payment processing is carried out by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). SOFORT GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the payment method SOFORT is that you have an online banking account that is activated for this purpose. During the payment process as part of the order, you must provide appropriate authentication and confirm the payment instruction to SOFORT. The debiting of your bank account takes place immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/.

(3) Payment via Klarna: In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case: Invoice ("Pay Later"): The Klarna terms and conditions for invoices in Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for extending the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

The use of the payment methods Invoice and/or Installment Purchase and/or Direct Debit requires a positive credit check. In this respect, we will transmit your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and execution. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information about Klarna as well as the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(4) Payment via "PayPal" / "PayPal Checkout": If you choose a payment method that is offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment terms apply for this, you will be separately informed about them. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Section 6: Retention of Title

(1) We will only ship the goods after payment has been received. Payment is only considered to have been made once the amount has been credited to our account.

(2) The goods remain our property until the full purchase price has been paid.

Section 7: Delivery Conditions, Retention of Title

(1) Delivery dates and deadlines are only binding if they have been confirmed by us in writing.

(2) Transfer of Risk
(a) For Consumers: The risk of accidental loss or deterioration of the goods only passes to you upon delivery of the item, or if you are in default of acceptance.
(b) For Entrepreneurs: The risk of accidental loss or deterioration of the goods passes to the user when the goods are handed over to the carrier (the start of the loading process is decisive). This applies regardless of who bears the shipping costs and even if the transportation is carried out by our own employees. If the dispatch or acceptance is delayed for reasons that the user is responsible for, the risk passes to the user on the day on which the delivery item is ready for dispatch and we have notified this to the user.

(3) If the delivery is returned as undeliverable, we are not obligated to store it for the user, unless the user is not responsible for the delivery obstacle. We are entitled to destroy the delivery after checking the proper dispatch, notifying the user, and after a reasonable period for collection has expired, or to dispose of it in another way. Our claim to remuneration remains unaffected by this, unless the delivery can be otherwise utilized. The temporary storage is at the user's risk.

Section 6: Warranty

(1) For Consumers: The statutory warranty rights apply. You are requested to check the item for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(2) For Entrepreneurs: The statutory provisions apply, unless otherwise stipulated in these GTC. Section 445a BGB (German Civil Code) remains unaffected.
(a) If the delivered item is defective, we can choose whether to fulfill the warranty by delivering a defect-free item (replacement delivery). Our right to refuse the warranty under the statutory conditions remains unaffected.
(b) The purchaser must provide us with the time and opportunity required for the owed warranty service, in particular by handing over the disputed goods for inspection purposes. In the case of replacement delivery, the purchaser must return the defective item to us in accordance with the statutory provisions. Upon request, we will reimburse the purchaser for the expenses that are demonstrably necessary and reasonable for the purpose of the warranty service, in particular transport, travel, labor, and material costs. If these costs are expected to exceed the expenses that are usually necessary to remove the defective item and install or attach the repaired or defect-free item, and the shipping costs for the defective item, this must be communicated to us along with the notice of defects.
(c) Claims by the purchaser for damages or reimbursement of futile expenses also exist for defects only in accordance with Section 8 Liability; otherwise, they are excluded.
(d) The purchaser loses any warranty claim if they do not fulfill the statutory obligation to inspect and give notice of defects. Open defects must be reported immediately, but no later than one (1) week after receiving the goods. Hidden defects must be reported immediately upon discovery.
(e) The warranty is also void if and to the extent that the purchaser modifies the product after delivery or has it modified by third parties.

Section 7: Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. We are also entitled to bring an action at the general place of jurisdiction of the purchaser.

(3) The provisions of the UN Sales Convention do not apply explicitly.

Section 8: Liability / Compensation

(1) We are liable in all cases of contractual and non-contractual liability in case of intent and gross negligence for damages or compensation for futile expenses in accordance with statutory provisions.

(2) In other cases, we are liable – subject to Section 8 (3) – only in the event of a breach of a fundamental contractual obligation (so-called cardinal obligation). An obligation is fundamental if its fulfillment makes the proper execution of the contract possible in the first place and if the purchaser can regularly rely on its compliance and has relied on it. In this case, however, our liability is limited to the replacement of foreseeable, typically occurring damages at the time of contract conclusion.

(3) The above liability limitations do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the condition of the item, and for maliciously concealed defects. Liability under the Product Liability Act is also unaffected.

(4) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and vicarious agents.

(5) For consumers, the statutory limitation periods apply.

(6) For entrepreneurs:
(a) The general limitation period for claims based on defects in goods and legal defects is one (1) year from the start of the statutory limitation period. Section 445b BGB remains unaffected.
(b) The limitation period also applies to contractual and non-contractual claims for damages by the purchaser that are based on a defect in the goods.
(c) The limitation period for other claims for damages is one (1) year from the end of the year in which the claim arose and the purchaser became aware of the circumstances giving rise to the claim and the identity of the debtor or had to become aware of them without gross negligence. This does not apply in cases under Section 8 (1) and (3). The statutory provisions apply here.

Section 9: Choice of Law, Place of Performance, Jurisdiction

(2) The place of performance for all services arising from the business relationships with us is our registered office.

(3) The contract language is German.

(4) If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is at our registered office. However, we are also entitled to file a lawsuit at the purchaser's general place of jurisdiction.

(5) The European Commission provides a platform for online dispute resolution in consumer matters, which can be found at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for out-of-court dispute resolution in connection with online purchase or service contracts in which a consumer is involved. However, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, but prefer to resolve your concerns through direct communication with the customer.

(6) Changes to these GTC or the underlying contract require written form to be effective. This also applies to the waiver of this written form requirement.

(7) The contract remains binding in its remaining parts even in the event of the legal invalidity of individual points. In place of the ineffective points, the statutory provisions shall apply, insofar as available. If this would constitute an unreasonable hardship for a contracting party, however, the entire contract shall be invalid.

Last update: March 11, 2023