AGB

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are the age of majority in your state or region of residence and you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase or manage. In order to use the Services, including to access or navigate our online shops or to purchase products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you are fully authorised to provide such information, and that you are solely responsible for the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign or licence your account to any other person.


SECTION 2 - OUR PRODUCTS 

We have endeavoured to display our products and services in our online shops as accurately as possible. However, please note that the colours or appearance of the products may differ from the colours displayed on your screen due to the device you use to access the shop and its settings and configuration, and we do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops, and all product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

Section 3 - ORDERS 

Your order constitutes an offer to purchase. Moeon reserves the right to accept or decline your order for any reason at its sole discretion. Your order will not be deemed accepted until confirmed by Moeon. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as Moeon may not be able to consider cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or telephone number provided when placing the order.Returns or exchanges of your purchases will be made solely in accordance with our Right of Cancellation [LINK].You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND INVOICING

Prices, discounts and special offers are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs or import charges, and the prices quoted in our online shops may differ from the prices in brick-and-mortar shops or in online shops or other shops operated by third parties. We may from time to time offer promotions on the Services which may affect pricing and which may be subject to different terms and conditions than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail and you agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorised to use that credit card for the purchase, (iii) the charges incurred by you will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the prices quoted, including shipping and handling charges and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we have delivered the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade dress, text, representations, images, graphics, product reviews, video and audio files, and the design, selection and arrangement thereof, are owned by Moeon, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.


SECTION 7 - OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services, which we do not monitor, control or influence, and you acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any and all liability arising from or related to your use of optional third-party tools, and your use of any optional tools offered through the Site is solely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which the tools are provided by the relevant third party providers, and we may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.

SECTION 8 - THIRD PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you may access in your sole discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk and we will not be liable for any damages or losses caused by your access to third-party websites or your purchase or use of any products, services, resources or content on third-party websites. You should carefully review the third party's policies and procedures and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third-party provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Moeon is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our shop are made directly with Moeon. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Moeon, including any injury, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its Affiliates from all liability for all claims, damages and liabilities arising out of or related to your purchases and transactions with Moeon.

SECTION 10 - PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy, and because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services to you. Data you submit to the Services will be shared with Shopify as well as third party service providers who may be located in countries other than your country of residence in order to provide the Services to you. Please see our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, ‘Feedback’), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose whatsoever, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to carry out our obligations and exercise our rights under the Terms and Conditions.you further represent and warrant that: (i) you own or have full rights to all Feedback Content; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but have no obligation, to monitor, edit or remove any Feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms and Conditions.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information, or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial or federal rules, regulations, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, libel, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including ‘junk mail’, “chain letters”, ‘spam’ or other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services or that, in our sole discretion, may harm Moeon, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in any spamming, phishing, pharming, pretexting, spidering, crawling or scraping activity; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION OF THE AGREEMENT

We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice in our sole discretion. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination



SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. except as expressly stated by moeon, the services and any products offered through the services are provided “as is” and “as available” for your use, without any express or implied warranties, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Moeon, OUR PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES IN NO EVENT FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN THE SERVICES OR ANY PRODUCT, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold Moeon, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorneys' fees, indemnify, defend and hold us harmless from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations on your part without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

SECTION 18 - SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such determination.SECTION 19 - WAIVER CLAUSE, ENTIRE AGREEMENTOur failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions) and any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party drafting them.

SECTION 20 - ASSIGNMENT

You may not transfer, assign or delegate this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and Conditions and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Moeon is headquartered. You and Moeon agree to submit to the venue and personal jurisdiction of such courts.SECTION 22 - HEADINGSThe headings used in this Agreement are for convenience only and shall not affect these Terms and Conditions.

SECTION 23 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page, and we reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.SECTION 24 - CONTACT INFORMATIONIf you have any questions about the Terms and Conditions, please contact service@moeon.de.Unsere Contact information is listed below:

Moeon
service@moeon.de
Sonja Lotz

Dieffenbachstr.12

10967 Berlin

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability, and by visiting, interacting with or using our Services, you signify your agreement to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.