General Terms and Conditions and Customer Information
I. General Terms and Conditions
Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Alexo GbR) via the website www.streetsoup.shop. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
Section 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the relevant product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system on the terms stated 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 access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "checkout" page and entering your personal details as well as the payment and shipping terms, the order data is finally displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order summary page in our online shop or forwarded to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, you make your selection or enter your details there. Finally, the order data is displayed to you as an order summary either on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the details in the order summary again, change them (including via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay" or a similar label), you legally declare your acceptance of the offer, whereby the contract is concluded.
(4) Your enquiries for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the relevant offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, in some cases automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and that, in particular, it is not prevented by spam filters.
Section 3 Special Agreements on the Payment Methods Offered
(1) Credit Check
Where we provide goods or services in advance, e.g. for payment on account or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, for the purpose of a credit check based on mathematical-statistical methods, in order to safeguard our legitimate interests. We reserve the right to refuse payment on account or by direct debit based on the result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Invoice: The payment term is 14 days from the dispatch of the goods/ticket, or, for other services, from the provision of the service. The full invoice terms for the countries in which this payment method is available can be found here: Germany.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. To this end, we pass on your data to Klarna as part of the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data is handled by Klarna in accordance with applicable data protection regulations and in line with the information in Klarna's privacy policy.
Further information about Klarna can be found here. The Klarna app can be found here.
Section 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following applies in addition:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of title to the goods subject to retention of title, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us in advance all claims in the amount of the invoice total arising from the resale, and we accept this assignment. You remain authorised to collect the claim. However, we reserve the right to collect the claim ourselves if you fail to meet your payment obligations properly.
c) In the event of combining and mixing the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative 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, insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
Section 5 Warranty
(1) There are statutory rights regarding liability for defects.
(2) As a consumer, you are asked 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 quickly as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are a trader, the following applies instead of the above warranty provisions:
a) Only our own statements and the manufacturer's product description are deemed to constitute the agreed condition of the item, and not any other advertising, public statements or pronouncements by the manufacturer.
b) In the event of defects, we will, at our discretion, provide a warranty by remedying the defect or by supplying a replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect, or other circumstances, indicate otherwise. In the case of a remedy, we do not have to bear the additional costs arising from moving the goods to a location other than the place of performance, unless such relocation corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This shortened period does not apply to:
- damage attributable to us that is culpably caused to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have in connection with defect rights against us.
Section 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer habitually resides (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing 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 unknown at the time legal proceedings are initiated. The right to also bring an action before a court at another legally permissible place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
Alexo GbR
Eversbuschstr. 171
80999 Munich
Germany
Telephone: +49 (0)1577 1818140
Email: hello@streetsoup.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
III. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive your order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer enquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the relevant offer.
5. Prices and Payment Terms
5.1. The prices quoted in the relevant offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the relevant offer, are shown separately during the ordering process, and must be borne additionally by you, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear.
5.4. Any costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was arranged from outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the relevant offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
5.7. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Terms
6.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the relevant offer.
6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the goods sold during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader, or another person otherwise designated to carry out the shipment.
If you are a trader, delivery and shipping are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the provisions on "Warranty" in our General Terms and Conditions (Part I).
8. Contract Term / Termination
Information on the term of the contract and the termination conditions can be found in the provision "Contract Term / Termination of Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the relevant offer.
Last updated: 07/2024