General Terms and Conditions (GTC) of Liah Soleil GmbH

§1 Scope

(1) These General Terms and Conditions (GTC) apply to the use of the consumer area on our website www.liah-soleil.com as well as to all contracts concluded between us

Liah Soleil GmbH Represented by the managing directors David Jauss, Hohe Str. 6, 68526 Mannheim/Ladenburg

and you as our customer.

(2) All agreements between you and us result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance of the contract.

(3) The valid version of these General Terms and Conditions at the time the contract is concluded is decisive.

(4) Differing contractual conditions of the customer will not be recognized unless we expressly agree to them in writing.

(5) References to the applicability of legal regulations are for clarification purposes only. The statutory provisions apply even without such clarification, unless they are directly changed or expressly excluded in these General Terms and Conditions.

(6) Our range of services in the consumer sector is aimed exclusively at consumers in accordance with Section 13 of the German Civil Code (BGB). Business activities as an entrepreneur are not permitted on our website.

(7) You have the option to print out and/or save these General Terms and Conditions. To do this, you can save this page via your browser and/or print it out directly. The General Terms and Conditions are also available for download as a PDF file on our website.

(8) Your orders via our online shop are processed as part of automated order processing. You will generally be informed by email about the progress of your order. Therefore, please ensure that the email address you provided during the ordering process is correct and that receipt of our emails or those of third parties responsible for order processing is guaranteed. This is especially true if you use SPAM filters.

§2 Customer account, registration, account deletion

(1) An order is possible with or without prior registration.

(2) Registering on our website liah-soleil.com, creating a customer account and logging into it are free of charge. To ensure the security of your data, you must have your customer account “activated”. To do this, we will send you an email with an activation link to the email address you provided during registration. We will confirm the successful creation of your customer account by email. If the customer account is not activated within 7 days, the data you provided will be automatically deleted.

(3) You have no right to use, technical availability or further development of our website. This does not affect your rights to the contractual implementation and processing of current orders.

(4) You are obliged to provide truthful information and to update any changes to your personal data immediately if you wish to continue to use our range of services.

(5) Passing on your login data to third parties is not permitted. You are obliged to treat this data confidentially and to prevent unauthorized use by third parties to a reasonable extent.

(6) Each customer may only have one customer account at a time. If we discover additional accounts after the first registration, we reserve the right to delete them and exclude the customer from using our services.

(7) The customer account can be deleted by you or us at any time without notice and without giving reasons. To do this, please send an email from the email address on which your customer account is based to service@liah-soleil.com, which clearly states your wish to delete the account. Ongoing business relationships will not be affected by the deletion, especially orders that have already been placed and have not yet been completed.

(8) When the customer account is deleted, the personal data associated with it will also be deleted, provided that you have requested this and there are no legal retention requirements or storage is not permitted for other legal reasons. Send your application to the address mentioned in §1.

§3 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract, but rather serves to make a binding offer by the customer.

(2) The customer can place the selected items in the virtual shopping cart on the product page. As part of the check-out process, the customer is asked to enter the required order information using the integrated online order form in the online shop. Alternatively, the customer can integrate the payment information stored with PayPal into the ordering process by clicking on the “PayPal” (“Express”) or “SEPA Direct Debit” buttons. By clicking on the “order with payment” button, the customer submits a binding contract offer for the selected goods.

(3) We will confirm receipt of your order via our online shop immediately by automated email (“order confirmation”). Such an email does not constitute a binding acceptance of the order on our part, unless we declare in the email In addition to confirming receipt, the email also confirms acceptance of the order.

(4) We can accept the offer within five days. This period begins the day after you submit your offer and ends on the fifth day. The start and end times of the deadline depend on whether your offer was submitted on a working day, Saturday or Sunday or on a public holiday at our place of business in Germany.

(5) If the contract is concluded in electronic commerce using a procedure in which your offer and our confirmation are sent in two consecutive emails that document the conclusion of the contract, our contract offer is binding for a period of five days.

(6) Subsequent changes to the order are only possible after prior consultation and approval from us.

(7) We save your order and the order information you entered after the contract has been concluded. You will also receive an order confirmation with the order details and our general terms and conditions to the email address you provided. If you have registered on our website and have a customer account, you can also view the orders you have placed in your customer account. The terms and conditions can be viewed and downloaded at any time on our website.

§4 Prices and payment conditions

(1) The prices stated in our online shop are in euros (€) and include statutory sales tax and other price components, but do not include the respective shipping costs.

(2) You can find the shipping costs in our shipping conditions.

(3) For deliveries to countries outside the European Union, additional customs duties and fees may apply, which must be borne by the customer. Please contact the relevant authorities in your country for details.

(4) Payment for the ordered goods can be made either by SEPA direct debit, PayPal, credit card (Visa, MasterCard), instant bank transfer or on account. Please note that not all payment methods are available in every case.

(5) When paying by SEPA direct debit, you revocably authorize us to collect the invoice amount from the account you specified using SEPA direct debit. You warrant that you are authorized to use the relevant account and that the account has sufficient funds. A possible payment reversal will result in a processing fee of €7.50.

(6) When paying by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, which can be viewed at https://www .paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=de_DE .

(7) When paying by credit card, payment is processed via Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA, subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/ssa .

(8) When paying by instant transfer, payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, subject to Sofort GmbH's General Terms and Conditions, which can be viewed at https://www.klarna.com/sofort/ .

(9) When paying by invoice, payment is made upon receipt of the goods. The purchase price is due as soon as the goods are delivered to you. We reserve the right to carry out a credit check in individual cases and to refuse payment by invoice for appropriate reasons. If the payment method “purchase on account” is accepted, the transaction will be processed via Klarna. In this case, you will receive the invoice from Klarna by email and must transfer the invoice amount to Klarna.

(10) You only have the right to offset if your counterclaims have been legally established, are undisputed or have been recognized by us.

(11) You can only exercise a right of retention if the claims result from the same contractual relationship.

(12) The billing of property and financial damage is based on our data protection regulations and the applicable legal provisions. In the event of an unauthorized chargeback, claims for damages will be offset against your repayment amount. The claim for damages amounts to at least 10% of the disputed amount plus a processing fee of €7.50.

§5 Delivery

(1) Delivery takes place within Germany and to the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Croatia, Luxembourg, Netherlands, Austria, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain , Czech Republic, Hungary, United Kingdom and Cyprus.

(2) Delivery takes place with the shipping service providers DHL, DPD, GLS, Hermes, UPS or other shipping service providers, depending on the selection options in the ordering process.

(3) The delivery time is 3-5 working days after confirmation of receipt of the order, unless expressly stated otherwise in the offer.

(4) If all selected items are not available at the time of your order, we are entitled not to accept the order. In this case, a contract is not concluded.

(5) For special promotions, discounts or time-limited offers, the delivery time may differ from the standard delivery times mentioned above. Details can be found in the information on our website.

(6) In the event that we are unable to deliver an ordered item for reasons for which we are not responsible, we will inform you immediately and, if necessary, suggest delivery of a comparable item. If no comparable item is available or you do not wish a comparable item to be delivered, we will immediately reimburse you for any consideration that has already been paid.

(7) The risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as the shipment has been handed over to the person carrying out the transport. If you are an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer has concluded a purchase contract which includes the delivery of several goods, the risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as the shipment has been handed over to the person carrying out the transport. However, if you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes to you when the goods are handed over to you.

§6 Retention of title

We reserve ownership of the goods until the purchase price has been paid in full.

§7 Right of withdrawal

(1) Consumers generally have a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

(2) Further information on the right of withdrawal can be found in the seller's cancellation policy.

§8 Warranty

(1) The warranty is provided in accordance with the statutory provisions.

(2) For consumers, the limitation period for warranty claims for used items is one year from delivery of the goods. For new items, the limitation period is two years. For entrepreneurs, the limitation period is one year from delivery of the goods. The shortening of the limitation period for used items does not apply to claims for damages. The shortening of the limitation period for consumers does not apply to claims for damages. The shortening of the limitation period does not apply to claims for damages based on injury to life, body, health or an intentional or grossly negligent breach of duty by the seller or his vicarious agent.

(3) If the subsequent fulfillment is carried out by means of a replacement delivery, the customer is obliged to return the goods that were first delivered to us within 30 days at our expense. The defective goods must be returned in accordance with legal regulations. We reserve the right to claim damages under the legally regulated conditions.

(4) If a guaranteed property is culpably violated, the customer is entitled to withdraw from the contract. Any other right to withdraw is excluded.

(5) The customer can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or the seller refuses subsequent performance. However, the customer is entitled to withdraw from the contract immediately under the legally regulated conditions.

(6) Claims for damages against the seller under the following conditions due to the defect expire one year from delivery of the goods. This does not apply to claims for damages based on injury to life, body, health or an intentional or grossly negligent breach of duty by the seller or his vicarious agent.

(7) There is no warranty for defects that only insignificantly reduce the value or suitability of the goods.

(8) The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected.

(9) The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

§9 Liability

(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.

(2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.

(3) The limitations of liability resulting from paragraph 2 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, you can only withdraw or terminate the contract if we are responsible for the breach of duty. The customer's free right of termination (in particular in accordance with Sections 651 and 649 of the German Civil Code) is excluded. Otherwise, the legal requirements and legal consequences apply.

(5) With regard to liability for damages that are not based on injury to the customer's life, body or health, we are also liable for slightly negligent breaches of duty.

§10 Dispute resolution

(1) The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/

(2) We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so.

§11 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If you do not have a general place of jurisdiction in Germany or another EU member state or if the customer is a merchant or moves his permanent residence abroad after these General Terms and Conditions come into effect or his place of residence or usual abode is not known at the time the action is filed, the place of jurisdiction is our place of business for all disputes.

Liah Soleil GmbH Represented by the managing directors David Jauss, Hohe Str. 6, 68526 Mannheim/Ladenburg

As of: October 2023

These General Terms and Conditions are protected by copyright and may only be used with the express written consent of the rights holder.