Terms of service

Terms and Conditions (T&C) of Soula Design – Jana Straif

Status: November 2025

§ 1 Scope and Definitions

  1. These Terms and Conditions apply to all contracts concluded between
    Jana Straif, Obere Hirtengasse 12, D-72469 Meßstetten, Germany (“the Provider”),
    and the customer regarding the purchase and use of digital products offered via https://souladesign.com.

  2. A consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Art. 13 German Civil Code – BGB).

  3. Digital products include all electronically supplied non-physical goods such as e-books, online courses, templates, design files, video or audio downloads, and access to members’ areas.

  4. Divergent or additional terms of the customer shall not apply unless expressly confirmed in writing by the Provider.

§ 2 Conclusion of Contract and Storage of Contract Text

  1. The presentation of digital products on the website does not constitute a binding offer but an invitation to submit an order.

  2. By completing the ordering process and clicking the button “Buy now” or “Order with payment obligation,” the customer submits a binding offer.

  3. The Provider accepts the order by sending an automated order confirmation email, thereby forming the contract.

  4. The contract text (order data and these Terms) is stored by the Provider and sent to the customer by email. Past orders can be viewed in the customer account.

  5. The contract language is German or English, depending on the customer’s selection.

§ 3 Prices and Payment

  1. All prices include German VAT (where applicable) and other price components.

  2. No shipping fees apply to digital products.

  3. Payment methods are displayed during checkout (e.g., advance payment, PayPal, or credit card).

  4. For advance payment, the purchase price is due immediately after contract conclusion.

§ 4 Delivery and Availability of Digital Products

  1. Digital products are provided electronically immediately after payment (for instant payments) or after payment receipt (for prepayment).

  2. Delivery occurs via email, download link, or access to a protected member area.

  3. The Provider is not responsible for the customer’s hardware, software, or internet connection.

§ 5 Grant of Rights of Use

  1. Upon full payment, the Provider grants the customer a non-exclusive, non-transferable, and non-sublicensable right of use for private and contractually intended professional purposes.

  2. Redistribution, resale, public display, or sharing (including modified versions) is prohibited without prior written consent from the Provider.

  3. Modifications or adaptations of digital content are only permitted where explicitly stated in the product description.

§ 6 Retention of Title

Ownership and full usage rights to the digital product remain with the Provider until payment is received in full.

§ 7 Right of Withdrawal and Refund Policy for Digital Products

  1. Consumers generally have a statutory right of withdrawal under EU and German law.

  2. However, for digitally delivered content, this right expires early once the Provider has begun fulfilling the contract (e.g., providing download or access),
    and the customer has

    • expressly agreed that performance shall begin before the withdrawal period ends, and

    • acknowledged that they thereby lose their right of withdrawal.

  3. Withdrawal Policy (EU Standard):
    You have the right to withdraw from this contract within 14 days without giving any reason.
    The withdrawal period is 14 days from the day of contract conclusion.
    To exercise the right of withdrawal, contact:
    Jana Straif, Obere Hirtengasse 12, 72469 Meßstetten, Germany – Email: jana@souladesign.com.

  4. Effects of Withdrawal:
    If you withdraw, all payments received will be refunded within 14 days of notification, using the same payment method used for the original transaction.
    Refunds may be withheld until access to the digital content has been revoked or you have confirmed non-use.

  5. No Withdrawal After Download/Access:
    The right of withdrawal expires once the download or access has started and you have agreed to immediate performance with acknowledgment of withdrawal loss.

  6. Global Refund Policy (outside EU):
    For international customers outside the EU/EEA, refund requests are accepted only in cases of

    • technical defects in the digital file or access system, or

    • proven inability to access the purchased content.
      Refunds for personal preference or accidental purchases are not available after download or access.

  7. Checkout Confirmation (required):
    Before completing the purchase, the customer must actively confirm the following statement (not pre-ticked):

    “I consent to Soula Design beginning to fulfil the contract immediately after my payment, thereby acknowledging that I lose my statutory right of withdrawal once the digital product is made available to me.”

§ 8 Warranty and Liability

  1. Statutory warranty rights apply.

  2. For digital content, the EU Digital Content Directive (Directive (EU) 2019/770) applies regarding conformity and updates.

  3. The Provider is liable without limitation for intent and gross negligence. In cases of slight negligence, liability is limited to foreseeable, typical damages.

  4. The Provider does not guarantee uninterrupted availability or compatibility with all devices. System requirements are stated in the product description.

§ 9 Termination (for Subscription-Based Access)

  1. If digital access is offered on a recurring or time-limited basis, the term, renewal, and cancellation conditions are displayed during checkout.

  2. Unless otherwise stated, subscriptions renew automatically unless cancelled within the specified notice period.

  3. The right to extraordinary termination for good cause remains unaffected.

§ 10 Contract Language and Electronic Communication

All contracts and communications are conducted electronically. The contractual language is German or English.

§ 11 Amendments to the Terms

The Provider reserves the right to amend these Terms for valid reasons (e.g., legal updates or service adjustments).
Customers will be informed of changes at least four weeks in advance.
If the customer does not object within this period, the updated Terms shall be deemed accepted.

§ 12 Governing Law and Final Provisions

  1. Governing Law:
    These Terms are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    For consumers residing outside Germany, this choice of law applies only insofar as it does not deprive the consumer of protection provided by mandatory laws of their country of residence.

  2. Jurisdiction:
    The place of jurisdiction for business customers is the Provider’s registered seat in Germany. For consumers, statutory jurisdiction applies.

  3. Severability Clause:
    Should any provision be invalid, the validity of the remaining provisions remains unaffected.
    The invalid clause shall be replaced by a valid one that most closely reflects the original intent.

  4. Consumer Protection Worldwide:
    Where required by mandatory local consumer law in the customer’s jurisdiction, such statutory rights shall apply in addition to these Terms.

Annex – Model Withdrawal Form (EU)

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To:
Jana Straif
Obere Hirtengasse 12
72469 Meßstetten, Germany
Email: jana@souladesign.com

I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following digital content or service (*):

Ordered on () / Received on (): __________________
Name of consumer(s): ______________________________
Address of consumer(s): ______________________________
Signature of consumer(s) (only if submitted on paper): __________________
Date: __________________
(*) Delete as applicable.