General terms and conditions for B2B
These terms and conditions are binding for all trading companies and/or self-employed persons, both nationally and internationally within the European Union, who maintain a business relationship with The SO Company GmbH.
1 General Information & Regulations
(1) Owner of this website and online shop, https://www. shishicherie. de (hereinafter referred to as the "website") is The SO Company GmbH, district court Munich HRB 235489, VAT no. ID DE314197848. Their contact details are:
- Address: Nördliche Münchner Strasse 9c, 82031 Grünwald, Germany
- Phone number: (+49) 89 244 100 361
- Email: kundenservice@shishicherie. en
(2) The business activity of The SO Company GmbH consists of the sale to end customers and the wholesale distribution of Korean and Japanese cosmetic products via the website.
This document (and other documents referred to herein) governs the terms and conditions governing the purchase and sale of wholesale products (hereinafter the "Terms") through this website.
For the purposes of these Terms, it is understood that the activity that The SO Company GmbH carries out through the Website includes the sale of Korean and Japanese reference cosmetics within the European Union.
(3) In addition to reading these conditions before accessing, browsing and/or using this website, the user must also accept them at the time of purchasing the products, thereby he is bound by these Terms; therefore, if you are a wholesale customer and do not agree to all of the terms, you should not use this website.
(4) These terms may be modified at any time, provided that this is indicated on the website. The customer is responsible for checking these conditions each time he accesses, browses and/or uses the website, as the provisions in force at the time of purchase of the products will apply.
For any questions that the customer has in connection with these General Terms and Conditions, we ask that you contact us at the above email address or phone number.
2 Use of the website
(1) Access to, browsing and use of the website implies that the customer (hereinafter referred to individually as "Customer" or collectively as "Customers"), from the moment by starting to browse the website, accepting all the conditions set out herein, as well as any subsequent modifications, without prejudice to the application of the relevant legal provisions that may have to be observed.
(2) The customer assumes responsibility for the correct use of the website. This responsibility extends to:
- He uses this website only to make inquiries and make legal purchases or acquisitions.
- He does not make any false or fraudulent purchases. If it is reasonable to assume that such a purchase has been made, we may cancel it and notify the relevant authorities.
- He must provide truthful and lawful contact information, e.g. B E-mail address, postal address and/or other information.
- The customer declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this website.
(3) The website is aimed at customers who are commercial companies and the self-employed. The SO Company GmbH does not guarantee that the website fully or partially complies with the laws of other countries. The SO Company GmbH disclaims any liability that could result from such access.
3 Customer Registration
Access to information, wholesale prices for professionals and some of the content displayed on the website requires registration by the customer. Once the customer profile verification is complete, the customer will be given access to the available brands and prices.
4 purchase process
(1) The customer can browse the site for as long as he wants to find the products he likes the most. The menu shows all available categories depending on what the customer wants to search for e.g. B by product type or by brand.
(2) In order to be able to see the available products and prices for commercial customers, the customer must register on our website with the data of his trading company. Clicking on each product will bring up detailed information on each product, including retail price, description, ingredients and usage instructions. Once the customer has browsed the range of products and selected the products they wish to purchase for their business (before making the purchase), they can view the details, minimum quantity and shipping cost of the order.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page. If the customer uses an immediate payment system (e.g. B PayPal / PayPal Express, Amazon Payments, Sofort), the customer is either taken to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system. If the transfer to the respective instant payment system takes place, the customer makes the appropriate selection or entering his data. Finally, he is directed back to our online shop on the order overview page.
(4) Before sending the order, the customer has the opportunity to check all the information again, change it (also using the "back" function of the internet browser) or cancel the purchase. By sending the order via the "buy" button, the customer declares his acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(5) 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. The customer must therefore ensure that the e-mail address he has given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. The SO Company GmbH is not liable for errors in entering the e-mail address, for errors in the delivery details or for not receiving the order confirmation e-mail. In addition, The SO Company GmbH reserves the right to refuse certain order requests for the purchase of our products if the internal regulations of our organization as well as the regulations set by the manufacturers of the marketed products are not respected. If this is the case, a detailed message will be sent to the customer.
4 Special agreements on offered payment methods
(1) Credit check
If we make advance payments, e.g. B when paying on account, your data will be passed on to the to protect our legitimate interests for the purpose of a credit check on the basis of mathematical-statistical processes. We reserve the right to refuse you the payment method on account as a result of the credit check.
(2) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. Payment is made to Klarna:
- Klarna invoice: Payable within 14 days of the invoice date. The invoice will be issued when the goods are shipped and sent by email. You can find the billing conditions here.
- instant transfer
- Credit card (Visa/Mastercard/Amex)
(1) The products available to professionals are sold at the price indicated on the website, the price and conditions in force at the time of the order by the customer are in force.
The prices of the products on the website do not include taxes or shipping costs, which vary according to the value of the products purchased and the region or country of destination. These will be added later before the order is confirmed.
(2) The payment methods available to the customer are shown under a correspondingly designated button on our website or in the respective offer.
(3) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(4) According to Article 4a) of the Block Exemption Regulation No. 330/2010 of the European Commission of 20. As of April 1, 2010, the customer, as an independent retailer, is free to set the resale price of the products to its customers and The SO Company GmbH may impose a maximum selling price or recommend a selling price, provided that this is not based on a fixed or minimum selling price as a result of pressure or inducement from either party run out.
Products purchased from The SO Company GmbH may NOT be sold on third party platforms such as Amazon, eBay, AliExpress, etc. be sold!
(1) Due to the popularity, temporary and/or limited availability of some of our products, and the difficulty in importing them from Korea and Japan, The SO Company GmbH may limit the number of orders for a customer to Purchases limit available product units and does not commit that stock levels are always available for sale. In addition, The SO Company GmbH reserves the right to change the quantities available to the customer at any time, even after an order has been placed, and to inform the customer accordingly.
(2) If the order has been processed and invoiced by The SO Company GmbH, it will be shipped within the limits of the available stocks in our warehouse. Due to the way stocks are handled, discrepancies can arise at any time (eg. B if products are billed that are not in stock at the time). In this case, The SO Company GmbH undertakes to contact the customer in order to inform him immediately and to define the further course of action. In any case, the customer can contact kundenservice@shishicherie. en contact us.
Orders for commercial customers are processed within 14 working days. From the moment the order is handed over to the shipping company, delivery usually takes place within 48-72 business hours. The SO Company GmbH is not liable for delays or deviations from the delivery time that are the fault of the shipping company!
In cases where the customer purchases products on or via the website of The SO Company GmbH, the customer has the following rights, which are listed and described below:
(1) Return in case of damage or defects
Returns due to damage or defects caused by shipping by the carrier are at the expense of The SO Company GmbH. The customer must contact The SO Company GmbH within a maximum period of 5 working days after receipt of the products, at the following email address kundenservice@shishicherie. de or to contact the responsible customer advisor.
(2) Return of defective products or delivery errors
These are all cases in which the customer considers that a product does not correspond to what was agreed in the contract or order at the time of delivery, which is why the customer The SO Company GmbH no later than 5 working days after receipt of the contact the products and inform The SO Company GmbH of the discrepancy (defect/error) at hand. After the specified period of maximum 5 working days after receipt of the goods, The SO Company GmbH assumes no responsibility for possible defective products or shipping errors.
The customer will then be informed how to proceed with the return of the products. The returned products will be inspected upon arrival at our warehouse and the customer will be informed within a reasonable time whether a refund or replacement of the products, if any, is appropriate.
The refund or replacement of the product(s) will be made as soon as possible and in any case within 72 hours from the date we send the customer an email confirming that the refund or replacement of the non-compliant product(s) is reasonable.
The amount paid for products returned due to a defect, if such a defect actually exists, will be refunded in full, including delivery costs and the costs incurred by the customer in returning the products. The refund will be made using the same means of payment that the customer used to pay for the purchase.
In any case, the rights recognized for the customer in the applicable legal provisions apply. According to applicable law, within the statutory warranty period of six months, the repair or replacement of defective products is free of charge for the customer, including all shipping costs.
(3) Return due to withdrawal
Returns due to withdrawal are not allowed in our wholesale service. The right of withdrawal for consumers is only valid for a natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.
The SO Company GmbH guarantees that the products meet the specifications agreed in the order, which the customer can view on the website. The customer has guarantees on the products that he can purchase through this website, under the conditions established by law for each type of product, and The SO Company GmbH is therefore liable for any lack of conformity of the same that occurs within a period of six months from the delivery of the product occur. With regard to the products that are purchased for the purpose of integration into their marketing processes, the customer is not considered a consumer! The deadline for exercising these rights is six months from the delivery of the product.
In this sense, the products are considered to be in conformity with the contract if they correspond to the description prepared by The SO Company GmbH and have the characteristics specified therein; they are suitable for use and have the usual characteristics that can generally be expected from a product of the same type. If this is not the case for the products delivered to the customer, the customer must proceed as indicated in the section Returning defective products or delivery errors.
Some of the Products marketed on the Website may, however, have inhomogeneous characteristics if these are due to the nature of the material from which they are made, which is therefore part of the individual appearance of the Product and does not constitute a defect.
While The SO Company GmbH strives to ensure the accuracy of product images and information, some packaging and/or ingredient changes may not yet have been updated on our website. Even if the items are occasionally sold in different packaging, the quality is always guaranteed. We recommend all customers to read the instructions on our website before use. The products sold on the website are not intended to diagnose, treat, cure or prevent any disease.
In order to benefit from the guarantee, it is necessary to present the invoice or proof of purchase for the products purchased.
(1) The SO Company GmbH assumes no liability for direct or indirect damages, consequential damages and/or lost profits, for whatever reason.
(2) The SO Company GmbH is not liable for the use of the content of the website by the customer, nor for the use of the passwords or other materials contained therein that violate any kind of national or international regulations, intellectual or industrial property rights or other rights of third parties.
(3) The SO Company GmbH also limits its liability in the following cases:
- The SO Company GmbH takes all measures to ensure a faithful representation of the products on the website, but is not responsible for any slight differences or inaccuracies that may occur due to lack of screen resolution or problems with the browser used or others of this nature.
- The SO Company GmbH takes the utmost care to make the order available to the company responsible for transporting the product. However, it cannot be held responsible for any damage resulting from transport disruptions, in particular for causes such as strikes, adverse weather conditions, road delays and, more generally, any other cause typical of the sector leading to delays, loss or theft of the product.
- The SO Company GmbH is not responsible for the condition of the returned products if the customer misused them, improperly stored them or failed to sell them before their expiration date, also in the case of unforeseen circumstances or force majeure.
- Technical failures that, for accidental or other reasons, prevent the normal functioning of the service over the Internet. Lack of availability of the website due to maintenance work or other reasons that prevent the availability of the service. The SO Company GmbH makes every effort to carry out the purchase, payment and shipping/delivery of the products, but declines any liability for causes that are not attributable to it, such as unforeseen circumstances or force majeure.
- The SO Company GmbH is not liable for the misuse and/or wear and tear of the products used by the customer.
- In general, The SO Company GmbH shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is due to events beyond The SO Company GmbH's control, i.e. H to force majeure, to which u. a may also include: - strikes, lockouts or other industrial action - riots, riots, invasion, pandemics, state of alarm, terrorist threat or attack, war (declared or not) or threat or preparation for war - fire, explosion, storm, flood , earthquake, subsidence, epidemic, pandemic or other natural disaster, inability to use trains, ships, airplanes, automobiles or other public or private transportation- inability to use public or private telecommunications systems
In these cases, the contractual obligations will be suspended for the period that the force majeure continues and The SO Company GmbH will receive an extension of time for the fulfillment of these obligations for a period corresponding to the duration of the force majeure.
8 Choice of law, place of performance, place of jurisdiction
(1) German law applies.
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.