Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Revocation
4. Prices and Payment
5. Shipping and Delivery Conditions
6. Reservation of Proprietary Rights
7. Exclusion of Resale
10. Redemption of Campaign Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Information About Online Dispute Resolution
§ 1 Scope of Application
(1) These Terms and Conditions of the company Jennifer Wirtz, MOANINA, Jahnstraße 71, 40215 Düsseldorf (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop.
(2) The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been agreed to in writing.
(3) You can reach our customer service for questions, returns and complaints with an email to firstname.lastname@example.org or by using our contact form.
(4) These business terms and conditions and the complete legal relationship between the contractual partners shall be exclusively subject to the law of the Federal Republic of Germany excluding uniform international law, in particular the UN Convention on the International Sale of Goods.
§ 2 Conclusion of Contract
(1) The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client. Service descriptions in catalogues and on the Seller’s websites do not have the character of a promise or a guarantee.
(2) Only by clicking ‘Place Order Now’ you close a legally binding order of all items in your shopping cart. By placing your order you are thus bound for two weeks. Your possible right of revocation as per §3 remains untouched.
(3) All offers are available “while stocks last” unless anything else is stated in the product descriptions. Changes and errors possible.
(4) The German language is exclusively available for the conclusion of the contract.
(5) After placing your order, you will receive an order confirmation via e-mail. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the ordered items. The sales contract with the Customer shall not become effective until our acceptance.
(6) It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails can be delivered which are sent by the Seller or by third parties instructed by the Seller to process the order.
§ 3 Right of Revocation
(1) Consumers are entitled to the right of revocation.
(2) Detailed information on the right of revocation are provided in the Seller’s instructions on the right of revocation.
(3) The right of revocation does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
§ 4 Prices and Payment
(1) Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Agreed additional services, e.g. costs for deliveries, are calculated separately.
(2) The shipping and delivery costs can be viewed under Shipping & Delivery in the Seller’s online shop and are also indicated in the shopping cart before submitting your order.
(3) Payment can be made using one of the methods mentioned under Payment in the Seller’s online shop. By payment via bank transfer the full amount must be transferred within 7 days after concluding your order.
(5) The invoice will be delivered together with your order.
§ 5 Shipping and Delivery Conditions
(1) Unless agreed otherwise, products shall be shipped to the address indicated by the Client upon placement of the order.
(2) Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
(3) Clients will be informed on shipping and delivery times and shipping restrictions (e.g. shipping restrictions for various countries) on special information pages or in the product description.
(4) Details regarding shipping and delivery dates serve as indications and are non-binding, unless otherwise specified.
(5) If the ordered product cannot be delivered because the Seller has not been supplied with the product by the distributor without the Seller’s personal negligence, the Seller can cancel the contract with the Client. In this case the Seller will inform the Client immediately and will offer the Client the delivery of a comparable product. If no comparable product is available or if the Client does not agree on getting a comparable product, the Seller will refund the Client all payments that have already been made.
(6) For logistical reasons, a collection by the customer is not possible.
§ 6 Reservation of Proprietary Rights
(1) The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
§ 7 Exclusion of Resale
(1) The goods presented in our online shop are only sold to end consumers. The commercial resale in any case requires our written approval.
§ 8 Warranty
(1) Should the object of purchase be deficient, statutory provisions shall apply.
(2) The limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client.
(3) The aforementioned limitations of liability and the restrictions of limitation periods do not apply
- for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness,
- for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
- for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
- if the Seller has fraudulently concealed the defect.
(4) A warranty exists only if indicated explicitly in the order confirmation or the product description of the respective product.
§ 9 Liability
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
(1) The Seller shall face unlimited liability regardless of the legal ground:
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
(2) Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
(3) For the rest the Seller’s liability is excluded.
(4) The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
(5) The claims of the buyer in this respect shall be limited to a claim to rectification of defect or replacement.
§ 10 Redemption of Campaign Vouchers
(1) Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
(2) Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
(3) Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
(4) Only one campaign voucher can be redeemed per order.
(5) The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
(6) If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
(7) The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
(8) The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
(9) The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
§ 11 Redemption of Gift Vouchers
(1) Vouchers which can be purchased via the Seller’s online shop (hereinafter to as “gift vouchers”) can only be redeemed in the Seller’s online shop.
(2) Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
(3) Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
(4) Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
(5) If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
(6) If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
(7) The gift voucher credit will not be redeemed in cash and is not subject to any interest.
(8) The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
§ 12 Applicable Law
(1) German law shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
(2) Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
§ 13 Place of Jurisdiction
(1) If the client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.
(2) If the client is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the client’s professional or commercial activities. In any event however, regarding the aforementioned cases the seller is entitled to choose a competent court at the location of the client.
§ 14 Information About Online Dispute Resolution
(1) The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.