Terms and Conditions
of
Soulhouse GmbH
Schlüterstraße 86
20251 Hamburg
(hereinafter referred to as “Soulhouse”).
1. Scope and General Information
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Soulhouse and customers (hereinafter referred to as “Customer”) in the version valid at the time of the order or purchase of the service or delivery by the Customer.
1.2 Deviating, conflicting, or supplementary General Terms and Conditions of the Customer will not be recognized unless Soulhouse expressly agrees to their validity. This requirement for consent applies in any case, for example, even if Soulhouse, being aware of the Customer’s General Terms and Conditions, carries out the service or delivery unconditionally.
1.3 The Customer can be either a consumer or an entrepreneur. The Customer is a consumer if the purpose of the ordered services and deliveries cannot predominantly be attributed to their commercial or independent professional activity (hereinafter referred to as “Consumer”). In contrast, an entrepreneur is any natural or legal person or a legally responsible partnership who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (hereinafter referred to as “Entrepreneur”). Natural persons can only be Customers if they are at least 18 years old.
1.4 Legally significant declarations and notifications that the Customer must make to Soulhouse after the conclusion of the contract (e.g., setting deadlines, reporting defects, declaring withdrawal, termination, or reduction) must be in text form to be effective, unless expressly agreed otherwise.
2. Contractual Services
2.1 The contractual services provided by Soulhouse may include, in particular, the services according to sections 2.2 – 2.6 below.
2.2 Stationary Massages
Stationary massages refer to massage services provided by Soulhouse in one of the Soulhouse locations (hereinafter referred to as “Soulhouse Boutique”) based on a corresponding contractual agreement.
2.3 Mobile Massages
2.3.1 Mobile massages refer to massage services provided by Soulhouse not in a Soulhouse Boutique, but in premises provided by the Customer, such as the Customer’s premises, at events, or trade fairs (hereinafter referred to as “Customer Premises”).
2.3.2 For mobile massages, in addition to the costs for the respective massage service, additional costs for the travel to and from the location of the Soulhouse employee providing the massage services at the Customer Premises may be incurred (hereinafter also referred to as “at-home costs”). These costs will be indicated accordingly during the booking process if applicable.
2.4 Massage Vouchers
Massage vouchers are vouchers issued by Soulhouse for stationary or mobile massage services, which the Customer can purchase for a fee through the Soulhouse online shop or in the Soulhouse Boutiques.
2.5 Merchandising Products
Merchandising products are products offered by Soulhouse that the Customer can purchase for a fee through the Soulhouse online shop or in the Soulhouse Boutiques.
3. Online Shop and Registration
3.1 Soulhouse operates the online platform, which is available both via a website on the internet (hereinafter referred to as “Website”) and via an application for mobile devices based on the Apple iOS and Google Android operating systems (hereinafter referred to as “Mobile App”) (collectively referred to as “Online Platform”). Through this Online Platform, contracts for stationary and mobile massage services can be concluded, and massage vouchers and merchandising products can be purchased in the corresponding shop area (hereinafter referred to as “Online Shop”).
3.2 The contract for the contractual services is always concluded with Soulhouse.
3.3 Contracts for services from Soulhouse in the Online Shop can be concluded by the Customer either as a registered Customer or as a non-registered Customer (hereinafter referred to as “Guest”). Registration is free of charge.
3.4 Customer registration takes place on our Online Platform. For the purpose of registration, the Customer sends their application by clicking the “Register” button to Soulhouse. Soulhouse accepts the application by sending an email to the Customer, which also requests the Customer to verify their email address (contract conclusion). The Customer’s registration is complete once the email address is verified. Only Customers who are at least 18 years old are eligible for registration. There is no entitlement to registration. Soulhouse is entitled to reject Customer applications for registration without stating reasons. Only one registration per person/Customer is permitted.
3.5 A Customer can terminate their registration at any time (ordinary termination). The provider can terminate the registration with a notice period of 2 weeks at any time. The right to extraordinary termination remains unaffected for both parties. The termination must be in text form and can be sent to the email address specifically provided by Soulhouse for this purpose. Termination of registration does not affect the contracts for services that may have been separately concluded between the Customer and Soulhouse under section 2 of these GTC.
4. Special Provisions for Massage Services
4.1 Conclusion of Contract
4.1.1 Conclusion of Contract via the Online Shop
The offers for booking massage services in the Online Shop (offers to conclude corresponding contracts) are binding. The Customer can initially select these services without obligation and correct their entries before submitting their binding booking declaration using the correction aids provided in the booking process. By submitting the booking declaration, the Customer accepts Soulhouse’s offer to conclude a contract for the selected massage service (conclusion of contract). Immediately after submitting the booking declaration, the Customer will receive a booking confirmation by email from Soulhouse.
4.1.2 Conclusion of Contract On-Site at a Soulhouse Boutique
Alternatively, the Customer can also book massage services in the stationary Soulhouse shops. In this case, the contract is concluded on-site.
4.2 Prices and Travel Costs
4.2.1 All prices listed in the Online Shop or in the Soulhouse Boutiques include the applicable statutory VAT.
4.2.2 The costs for the travel to and from the location of the Soulhouse employee (also “at-home costs”) who provides the mobile massages at the Customer Premises are specified to the Customer during the booking process in the Online Shop and must be borne by the Customer.
4.3 Payment and Due Date
4.3.1 In our Online Shop and on-site, we offer different payment methods, particularly credit card payments and PayPal. We reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods.
4.3.2 Payment of the fee is due immediately upon conclusion of the contract.
4.4 Cancellation
4.4.1 Notwithstanding the right of withdrawal for consumers according to section 4.5 below, the Customer can cancel bindingly booked massage services for stationary and mobile massages up to 24 hours before the agreed massage appointment as specified in section 4.4.2 (contractually agreed withdrawal option). Short-term cancellations are not possible.
4.4.2 Cancellations according to section 4.4.1 can be made via the online portal, by email, or by phone. A replacement appointment will be arranged, or the Customer will receive a voucher via email for the agreed price and other costs of the canceled massage service. A refund of the fee or costs is not possible.
4.5 Right of Withdrawal
4.5.1 Customers who are consumers (see section 1.3 above) are entitled to a right of withdrawal when booking massage services according to section 4.1.1 via the Online Shop as follows:
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Soulhouse GmbH, Schlüterstraße 86, 20251 Hamburg, Phone: +49 40 80813059, Email: support@soulhouse.me) of your decision to withdraw from this contract through a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it 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.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an appropriate amount which corresponds to the proportion of the services already provided up to the point when you notified us of the exercise of the right of withdrawal in relation to this contract, compared to the full coverage of the services stipulated in the contract
4.5.2 The following form can be used to exercise the right of withdrawal according to section 4.5.1 above:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
– To: Soulhouse GmbH, Schlüterstraße 86, 20251 Hamburg, Email: support@soulhouse.me
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
– Ordered on () / received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notified on paper)
– Date
(*) Delete as applicable.
5. Special Provisions for the Purchase of Vouchers and Merchandising Products
5.1 Conclusion of Contract
5.1.1 Conclusion of Contract via the Online Shop
The offers from Soulhouse for the purchase of goods in the online shop (offers to conclude corresponding contracts) are binding. The customer can initially select these items without obligation and correct their entries using the correction tools provided in the order process before submitting their binding order. By submitting the order, the customer accepts Soulhouse’s offer to purchase the selected goods (conclusion of contract). Immediately after submitting the order, the customer will receive a confirmation of the order by email from Soulhouse.
5.1.2 Conclusion of Contract On-Site in a Soulhouse Boutique
Alternatively, the customer can purchase goods in the stationary Soulhouse boutiques. The contract is concluded on-site in this case.
5.2 Prices and Shipping Costs
5.2.1 All prices listed in the online shop or in the Soulhouse boutiques include the applicable statutory VAT.
5.2.2 Shipping costs will be indicated to the customer during the order process in the online shop and must be borne by the customer unless the customer exercises their right of withdrawal (see Section 6).
5.2.3 The shipping risk is borne by Soulhouse if the customer is a consumer.
5.2.4 In the event of a withdrawal (see Section 6), the customer must bear the direct costs of returning the goods.
5.3 Payment
Section 4.3 applies accordingly.
5.4 Retention of Title
The goods remain the property of Soulhouse until full payment is received.
5.5 Vouchers
5.5.1 Vouchers purchased by the customer are to be redeemed within 2 years (validity period) from the date of purchase (contract date, indicated on the respective voucher). After this period, the voucher can no longer be redeemed.
5.5.2 Any remaining balance will expire at the end of the validity period. Cash payments for the vouchers or the voucher value are excluded.
5.5.3 Any difference between the voucher balance and the price for the massage service can be settled by the customer using the contractually permitted payment methods.
5.6 Warranty
The statutory liability for defects applies.
5.7 Delivery and Availability of Goods
5.7.1 The delivery times specified in the online shop are calculated from the time of our order confirmation. If no or no different delivery time is specified for the respective goods in our online shop, it is 5 days.
5.7.2 The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany.
Right of Withdrawal
5.8.1 Customers who are consumers (see Section 1.3) have the right to withdraw from the purchase of goods according to Section 5.1.1 over the online shop as follows:
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise your right of withdrawal, you must inform us (Soulhouse GmbH, Schlüterstraße 86, 20251 Hamburg, Phone: +49 40 80813059, Email: support@soulhouse.me) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. 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.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including the delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive notice 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 not 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.
5.8.2 For the exercise of the right of withdrawal pursuant to the preceding section 5.8.1, the following form can be used:
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
– To Soulhouse GmbH, Schlüterstraße 86, 20251 Hamburg, Email: support@soulhouse.me
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
– Ordered on ()/received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as applicable.
6. Liability
6.1 In the event of intentional misconduct or gross negligence, Soulhouse shall be liable – irrespective of the legal basis – in accordance with statutory provisions.
6.2 In cases of slight negligence, Soulhouse shall only be liable for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract and on which the customer regularly relies and may rely. In cases of breach of essential contractual obligations, liability shall be limited to damages that are foreseeable and typical for such contracts at the time of contract conclusion.
6.3 The limitation of liability under section 6.2 does not apply in cases of damages arising from injury to life, body, or health, or in cases of claims under the Product Liability Act, or if a defect has been fraudulently concealed or a warranty for the quality of the goods has been assumed.
6.4 The above exclusions and limitations of liability shall apply equally to the organs, legal representatives, employees, and other vicarious agents of Soulhouse.
7. Loyalty Points
7.1 Soulhouse offers registered customers the exclusive opportunity to collect electronic loyalty points for the purchase of massage services as per section 2 of these Terms and Conditions at Soulhouse (in stationary Soulhouse boutiques or through the online shop). These loyalty points can only be redeemed for rewards at Soulhouse.
7.2 Loyalty points can be accumulated through various and sometimes changing activities, such as booking/purchasing Soulhouse services. The current offers apply.
7.3 Loyalty points are personalized and can only be used by the acquiring customer. In particular, loyalty points cannot be transferred to third parties. Loyalty points do not have a specific monetary value, and cash redemption of loyalty points is excluded. If loyalty points are not automatically credited during the purchase, the customer has 14 days after fulfilling the conditions required for earning the loyalty points to have them credited to their user account by notifying Soulhouse.
7.4 In the event of the reversal of a contract (for any reason, e.g., withdrawal, cancellation, contract termination, rescission, etc.) that forms the basis for the acquisition of loyalty points, as well as in cases of booking errors or abuse, the corresponding credit of loyalty points will be canceled. If the customer has already redeemed the points to be canceled, subsequent points will not be credited to the points account until the amount of loyalty points to be canceled is reached.
7.5 If loyalty points do not expire according to sections 7.6 – 7.8 of these Terms and Conditions, the following applies: Loyalty points are valid for a period of 24 months. The validity period is calculated from January 1st following the crediting of the loyalty points. Loyalty points automatically expire at the end of the validity period.
7.6 In the event of the customer’s ordinary termination of registration as well as in the case of extraordinary termination by Soulhouse, loyalty points expire upon receipt of the termination notice.
7.7 In the event of Soulhouse’s ordinary termination of registration, loyalty points remain valid for a period of 6 months after receipt of the termination notice and expire automatically thereafter.
7.8 Soulhouse has established the loyalty points system for an indefinite period. However, customers have no entitlement to it. Soulhouse reserves the right to discontinue the loyalty points system at any time.
7.9 The customer can view the balance of acquired and unredeemed loyalty points at any time through their user account.
8. Data Protection
Soulhouse places great importance on careful handling of customers’ personal data and complies with relevant data protection regulations. Please refer to the separate privacy policy for further information.
9. Final Provisions and Information
9.1 Language(s) available for concluding the contract: German.
9.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules. If the participant is a consumer with habitual residence in the EU, they also benefit from the mandatory provisions of the law of their country of residence.
9.3 Soulhouse does not store the text of the contract.
9.4 The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
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