General terms and conditions with customer information
Table of contents
2.Conclusion of contract
3.Right of withdrawal
4.Prices and terms of payment
5.Delivery and shipping conditions
6.Retention of title
7. Liability for defects (warranty)
8.Redemption of action coupons
9.Redemption of gift vouchers
11.lace of jurisdiction
12.Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Moeon, Sonja Lotz (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If an offer is submitted via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.5 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 German and English are available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller in connection with the order processing can be received at this address.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller’s revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller’s online store.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller’s order processing shall be decisive for the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instruction applies.
5.3 In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods from the Seller’s premises by arrangement with the Seller. In this case no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
– by e-mail
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotion vouchers
8.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
8.4 Several promotion vouchers can be redeemed in the same order.
8.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
8.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid.
8.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
8.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the Seller’s online store (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Voucher.
9.2 Gift vouchers and remaining credit balances of gift vouchers are valid until the end of the third year after
9.3 Gift certificates can only be redeemed before the order process is completed. A subsequent settlement is not possible.
9.4 Several gift certificates can be redeemed with one order.
9.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of further gift certificates.
9.6 If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.
9.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is only intended for use by the person named on it. A transfer of the Gift Certificate to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective gift certificate holder.
10) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Legal venue
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer’s place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.