Terms and Conditions

General terms and conditions thebuddhasoul

§ 1 Supplier and application area

  1. These terms and conditions of thebuddhasoul (seller) apply to all contracts that a consumer or entrepreneur (customer) concludes with the seller regarding the goods and / or services presented by the seller in his online shop.
  2. The product range in our online shop is aimed exclusively at customers who have reached the age of 18 years.
  3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again.The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
  4. Contract language is German.

§ 2 Contract

  1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase agreement. It is a non-binding invitation to order goods in the online shop.
  2. By clicking on the button "Order now to pay" the customer makes a binding offer.(Art. 10 (1) Swiss Law).
  3. Upon receipt of the purchase offer, the customer will receive an automatically generated e-mail confirming that the seller has received the order (acknowledgment of receipt).This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.The seller is entitled to refuse to accept the order.The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received.In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
  4. A purchase contract for the goods is only concluded when the seller expressly declares acceptance of the purchase offer or when the seller sends the goods - without prior express acceptance - to the customer.

§ 3 Prices

Our prices include the Swiss VAT and other price components and are without shipping costs.

§ 4 Terms of payment; Delay

  1. Payment is made according to your choice: invoice in advance, cash on delivery, credit card, Paypal or direct debit.
  2. If you select the payment method in advance, we will inform the customer about our bank details in the order confirmation.The invoice amount is to be transferred immediately upon conclusion of the contract to the account of the seller.
  3. If paying by credit card, the purchase price will be reserved on the customer's credit card at the time of the order (authorization).The actual charge on the credit card account is made at the time the seller ships the goods to the customer.
  4. In the case of direct debit payments, the customer may be required to bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of account funds or due to incorrectly transmitted bank account details by the customer.
  5. If the customer defaults on a payment, he is obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate.For each reminder sent to the customer after the default has occurred, the customer will be charged at least a reminder fee of 10 EUR / 10 CHF unless he can prove a lower damage.

§ 5 Offsetting /retention

  1. The customer is only entitled to offset if counterclaims have been legally established or are not disputed by the seller.
  2.  Customers can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 6 Delivery and Retention of title

  1. Unless otherwise agreed, the delivery of the goods takes place from the seller's warehouse to the address specified by the customer.
  2. The goods belong to the full payment of the purchase price property of the seller.
  3.  If the customer acts as a merchant, the following applies:
The seller reserves the property of the goods until full payment of all claims. Before transfer of possession of the goods a pledge or security transfer is not permitted.
The customer may resell the goods in the ordinary course of business.In this case, he already now assigns to the seller all claims in the amount of the invoice amount, which accrue to him from the resale.The seller accepts the assignment, but the customer is authorized to collect the claims. Insofar as he does not fulfill his payments, the seller reserves the right to collect claims himself.
 

§ 7 transport damage

  1. If goods are delivered with obvious transport damage, the customer complains such errors immediately to the deliverer and as soon as possible contact thebuddhasoul.
  2. The failure to file a complaint or contact has no consequences for the statutory warranty right.The customer helps us to claim the transport insurance.

§ 8 Warranty

  1. Unless otherwise agreed, the warranty claims are based on the purchase right.
  2. The warranty period shall be 1 years from the time of receipt of the delivery.
  3. The customer is obligated to inspect the goods immediately and with due care for quality and quantity deviations and to notify the seller of obvious defects within 7 days of receipt of the goods. After verification, the customer must return the goods and get a replacement from the seller.

 § 9 Liability

  1. The seller is fully liable for intent and gross negligence as well as in accordance with the product liability law.
  2. For the rest, the following limited liability applies: In case of slight negligence, the seller is liable only in case of breach of contractual obligation, the fulfillment of which is the proper execution of the contract.

 § 10 Final Provisioins

  1. Should one or more provisions of these terms and conditions be or become ineffective, will this not affect the effectiveness of the other.
  2. Exclusively Swiss law applies to contracts between seller and customer.
  3. If the customer is a merchant or a legal entity under public law, Switzerland is the place of jurisdiction for all disputes arising out of or in connection with contracts between the seller and the customer.
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