GENERAL TERMS AND CONDITIONS
AGB
PART 1: TRANSACTIONS WITH CONSUMERS
§1 General - Scope of application - Subject matter of the contract
(1) The General Terms and Conditions listed here apply to all business relationships between MOONICH Produktkonzepte und -realisierung GmbH (hereinafter: "MOONICH") and consumers.
(2) Consumers within the meaning of the General Terms and Conditions (hereinafter: "Customer" or "Customers") are natural persons who conclude a purchase contract with us for the purpose of the delivery of movable goods offered by us, which cannot be attributed to their commercial or independent professional activity.
(3) These General Terms and Conditions apply exclusively. In all other respects, the statutory provisions shall apply.
§2 Conclusion of contract
(1) The presentation of our goods in flyers, catalogs, on websites or in one of our Internet stores does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation for the customer to order goods.
(2) When ordering in one of our Internet stores, the customer submits a binding contractual offer by successfully and completely going through the order process provided within the store step by step. Only when the "Buy" button is pressed in the last step of the order process is the customer's intention to place an order declared binding.
Before submitting the binding order, the customer can return to the website on which his details are recorded by pressing the back button of his Internet browser or within the store after checking his details and, if necessary, correct or close input fields. You can correct the input fields or cancel the order process completely by closing the browser.
After clicking the "Buy" button to send the order, the order data entered can no longer be retrieved via the Internet for security reasons.
After clicking the "Buy" button, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order.
The order is only deemed to have been accepted when it has been confirmed by us within a maximum of seven (7) working days by sending the order confirmation in writing (letter, e-mail, fax or similar) or delivery of the ordered goods. This constitutes a binding contract. If the customer does not receive an order confirmation within the specified period, he is no longer bound by the offer.
The valid purchase contract is only concluded by our order confirmation - which may or may not be linked to the confirmation of receipt - but at the latest when the ordered goods are dispatched.
(3) The order is stored by us and, at the customer's request, will be sent by e-mail or post in addition to these GTC.
§3 Right of withdrawal of the customer as a consumer
Cancellation policy
Right of withdrawal
You have the right to cancel the purchase contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, the
MOONICH Product Concepts and Realization GmbH
Kramergasse 32 - D-82054 Sauerlach near Munich
E-mail: mail@moonich.de - Fax: 0049 8104 64709-9,
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail), stating the order confirmation number. You can use the MOONICH model withdrawal form for this purpose, but this is not mandatory. You can find the sample withdrawal form on our website.
The right of withdrawal does not apply to goods manufactured according to customer specifications or tailored to the personal needs of the customer (such as prints, custom-made products, special orders, etc.).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of 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 (14) days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen (14) days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning goods that are ready for parcel shipment. You must ensure that the goods are properly packaged. Damage caused by transportation shall be at your expense in the event of improper packaging. Goods that are not ready for parcel shipment will be collected from you on request; you will receive an offer from us in advance regarding the costs of collection. Parcels sent carriage forward will not be accepted.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the withdrawal policy
§4 Prices, payments, shipping
(1) The purchase price offered is binding. The prices quoted are gross prices and include statutory VAT. Any shipping costs are added as indicated.
(2) The customer has the option of paying the purchase price in advance or on collection in cash or by EC or credit card (Visa or MasterCard).
In the case of payment in advance, the following bank details are available to the customer:
Kreissparkasse München,
IBAN: DE91 702 501 500 010 247 625
SWIFT/BIC: BYLADEM1KMS
Furthermore, when ordering goods electronically in one of our online stores, the customer has the option of paying for the ordered goods there during the ordering process directly by Paypal, credit card (Visa or MasterCard), instant bank transfer or direct debit.
(3) In the case of payment in advance, the purchase price must be paid immediately after receipt of the order confirmation, but within 14 days at the latest, otherwise the customer will be in default of payment.
(4) The invoice will follow with or after delivery of the goods in written form (by e-mail or post). We reserve the right to issue and deliver the invoice exclusively by electronic means.
(5) During the period of default, the customer shall pay interest on the debt at a rate of 5 percentage points above the prime rate of the European Central Bank (ECB). In addition, there are reminder fees of EUR 5 per reminder.
§5 Delivery and transfer of risk
(1) Unless otherwise stated in the order confirmation, the items offered are in stock. Items in stock will be delivered no later than seven (7) working days after receipt of full payment. If an item is not available in exceptional cases, the customer will be informed immediately. In this case, the customer has the right to withdraw from the contract.
(2) We cannot accept any liability for the extension of the delivery period in the event of unforeseen obstacles that are beyond our control (such as strikes, operational disruptions, delays in the delivery of decisive individual components of goods, etc.). In such cases, the delivery period may be extended accordingly without us having any influence on this.
(3) The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Buyer until the goods have been handed over to the Buyer, even in the case of sale by dispatch.
§6 Retention of title
(1) We reserve title to the goods until the purchase price has been paid in full.
(2) Until the time of full payment of the purchase price and until the end of the revocation period, the customer is obliged to treat the goods with care and to use them exclusively for the intended purpose in order to avoid any claims for compensation in the event of return.
(3) Until the time of full payment of the purchase price and until the end of the revocation period, the customer is obliged neither to make unrecognizable nor to remove attached product markings (e.g. serial and control numbers, data plates, etc.) on the goods and/or the sales packaging so that we are able to identify the goods in the event of their return.
§7 Material defects, warranty
(1) We shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434, 437 et seq. BGB. Obvious transport damage must be reported to both the carrier and us immediately, without this having any effect on the customer's statutory claims for defects.
(2) The statutory warranty regulations and periods shall apply. The warranty period is two years from delivery of the goods, for wearing parts (such as batteries, rechargeable batteries, etc.) the warranty period is one (1) year from the date of purchase.
(3) The warranty does not cover normal wear and tear of the item or defects that arise after delivery, for example due to external influences. Warranty claims also do not exist in the event of improper handling of the goods by the customer.
(4) In order to enable us to identify the goods exactly in the event of a return of goods, attached product markings (e.g. serial and control numbers, data plates, etc.) on the goods must not be made unrecognizable or removed.
(5) Link to the dispute resolution body of the European Commission for online trade for the purpose of online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§8 Liability for other breaches of duty
(1) Unless otherwise stipulated below, our liability for breaches of duty that do not consist of a defect or have caused damage beyond the defect shall be governed by the statutory provisions. (2) We shall only be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In addition, we shall only be liable for simple negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the second case, our liability is limited to compensation for the foreseeable, typically occurring damage according to the type of goods. The above limitations of liability shall also apply to our legal representatives or vicarious agents. (3) Claims of the customer under the Product Liability Act shall remain unaffected by the above provisions.
§9 Property rights of third parties
(1) In the case of submitted data (such as plans, sketches, designs, logos, motifs, names, graphics, etc.), the customer assures that it has designed these itself and/or that it is the owner of all rights of use to the data and/or has been commissioned by the owner of all rights of use to pass on the data for free use. This refers in particular to rights of use under trademark, copyright and design law. The customer assures that he is the sole person authorized and/or commissioned to dispose of the aforementioned rights of use.
(2) The customer assures that he is not aware of any rights of third parties that conflict with the use of the submitted data.
(3) The customer assures that, to the best of his knowledge, the data submitted by him to MOONICH or one of its Internet stores does not violate any legal provisions or criminal prohibitions.
(4) The customer shall be liable to MOONICH and its Internet stores for all damages incurred by us through the use of the data submitted by the customer with reference to these GTC (plans, sketches, designs, logos, motifs, names, graphics, etc.). In particular, if the reproduction and/or further processing (printing, graphic processing, etc.) violates other legal provisions and/or the rights of third parties.
The customer shall be liable for all damages due to justified claims against MOONICH and its Internet stores, including any costs incurred for the necessary legal review and legal representation. The customer undertakes to indemnify us against all such costs and claims for damages.
§10 Contract language
The contract language is exclusively German.
§11 Limitation period
The statutory limitation periods shall apply.
§12 Form of declarations
Legally relevant declarations and notifications that the customer must make to us or a third party must be made in writing.
§13 Data protection
We are entitled to store and process data about the customer received in relation to or in connection with the business relationship in accordance with the Data Protection Act.
§14 Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the Hague Uniform Laws on the International Sale of Goods. This does not apply if special consumer protection regulations in the customer's home country are more favorable (Art. 29 EGBGB).
PART 2: BUSINESS WITH COMPANIES
§1 General - Scope of application - Subject matter of the contract
(1) The General Terms and Conditions listed here apply to all business relationships of MOONICH Produktkonzepte und -realisierung GmbH (hereinafter: "MOONICH") with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), with legal entities under public law or with special funds under public law.
(2) Entrepreneurs within the meaning of the Terms and Conditions (hereinafter: "Customer" or "Customers") are natural or legal persons or partnerships with legal capacity who, when concluding the contract with us, are acting in the exercise of their commercial or independent professional activity.
(3) These Terms and Conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract - even if we are aware of them - unless we expressly agree to their validity in writing.
§2 Conclusion of contract
(1) The presentation of our goods in flyers, catalogs, on websites or in one of our Internet stores does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation for the customer to order goods.
Only by ordering the goods does the customer make a binding declaration that he wishes to purchase the ordered goods. Exempting later cancellations and deviations from the goods and delivery quantities agreed in the order require our express written consent (e.g. by e-mail, fax or letter).
(2) The order shall only be deemed accepted if it has been confirmed by us within a maximum of seven (7) working days by sending the order confirmation in text form (letter, e-mail, fax or similar) or delivery of the ordered goods. Offers are subject to change. The order will be saved by us and, at the customer's request, sent by e-mail or post in addition to these General Terms and Conditions.
§3 Prices, payments, shipping
(1) The purchase price offered is binding. The prices quoted are net prices and do not include statutory value added tax, unless expressly stated otherwise. VAT will be shown separately on the invoice at the statutory rate on the day of invoicing. Shipping costs shall be added as indicated.
(2) The agreed price shall apply. If the price has increased at the time the service is provided due to a change in the market price or an increase in the fees charged by third parties involved in the provision of the service, the higher price shall apply. If this is 20% or more above the originally agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
(3) For the first three orders within 12 months, new customers only have the option of paying the purchase price in advance.
The following bank details are available to the customer for payment in advance:
Kreissparkasse München,
IBAN: DE91 702 501 500 010 247 625
SWIFT/BIC: BYLADEM1KMS
In the case of payment in advance, the purchase price must be paid immediately after receipt of the order confirmation.
From the fourth order within 12 months, the customer also has the option of paying for the order on account. Irrespective of this, we reserve the right to make deliveries exclusively against advance payment.
The total invoice amount is to be paid within ten (10) days of receipt of the goods without discount, unless otherwise agreed. The statutory provisions regarding the consequences of late payment shall apply.
(4) The invoice shall be sent in writing (by e-mail or post) with or after delivery of the goods. We reserve the right to issue and deliver the invoice exclusively by electronic means.
(5) During the period of default, the customer shall pay interest on the debt at a rate of 5 percentage points above the prime rate of the European Central Bank (ECB). In addition, there are reminder fees of EUR 5 per reminder.
§4 Delivery and transfer of risk
(1) Information on delivery dates without express agreement to the contrary is always approximate and non-binding. Delivery is always "ex works", unless otherwise stated in the order confirmation.
(2) Unless otherwise stated in the order confirmation, the items offered are in stock. Delivery of items in stock shall be made up to seven (7) working days after receipt of full payment. We are entitled to make partial deliveries, provided these are not unreasonable for the customer. The customer will be informed of the delivery time for items not in stock at the latest upon receipt of the order confirmation. In the event that this results in a significant delay in delivery, the customer shall be entitled to withdraw from the contract.
(3) The delivery period shall be extended in the event of unforeseen obstacles beyond our control (such as strikes, operational disruptions, delays in the delivery of crucial individual components of goods), even if the circumstances are attributable to suppliers or subcontractors. The delivery period shall be extended in accordance with the duration of the measures and obstacles.
(4) The customer shall be in default of acceptance in the event of non-acceptance of the goods, even without a renewed delivery or collection offer, if a fixed delivery or collection date has been agreed. This shall also apply if the customer has previously notified us of non-acceptance without our consent. From the eighth (8th) day of default of acceptance, we shall charge an additional expense rate for the storage of the goods amounting to 0.5% of the invoice amount per day.
§5 Retention of title
(1) We reserve title to the goods until the purchase price has been paid in full.
(2) Until the purchase price has been paid in full, the customer is obliged to treat the goods with care and to use them exclusively for the intended purpose in order to avoid any claims for compensation in the event of return.
(3) The customer is obliged to inform us immediately of any access by third parties to the goods (e.g. in the event of seizure, possible damage or destruction of the goods). Irrespective of this, the customer must inform the third party in advance of the existing rights to the goods. In addition, he shall bear the costs of an intervention if third parties are not in a position to reimburse them.
(4) We shall be entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of his obligation under clauses (2) and (3) of this provision and if the statutory requirements are met.
(5) The customer is obliged not to obscure or remove any product markings (e.g. serial and control numbers, data plates, etc.) on the goods and/or the sales packaging so that we are able to identify the goods in the event that they are returned. If the goods are returned, the customer must completely remove all of its own product markings and other labels and markings.
§6 Material defects, warranty
(1) We shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434, 437 et seq. BGB. Obvious transport damage must be reported to both the carrier and us immediately.
(2) The prerequisite for an effective assertion of warranty claims by the customer is that he has complied with any existing obligations to inspect and give notice of defects in accordance with § 377 HGB. In this case, the customer shall bear the burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. If we are obliged to provide subsequent performance, we have the choice of whether we provide this in the form of rectification or a replacement delivery. For non-merchants, a 10-day written notification obligation applies.
(3) The warranty does not cover normal wear and tear of the item or defects that arise after delivery, for example due to external influences or operating errors. Warranty claims do not exist in the event of improper handling of the goods by the customer.
(4) Warranty claims expire one year after the date of delivery.
§7 Liability for other breaches of duty
(1) Unless otherwise specified below, our liability for breaches of duty that do not consist of a defect or have caused damage beyond the defect shall be governed by the statutory provisions.
(2) We shall only be liable for damages - regardless of the legal grounds - in the event of intent and gross negligence. In addition, we shall only be liable for simple negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the second case, our liability is limited to compensation for the foreseeable, typically occurring damage according to the type of goods. The above limitations of liability shall also apply to our legal representatives or vicarious agents.
(3) Claims of the customer under the Product Liability Act shall remain unaffected by the above provisions.
§8 Property rights of third parties
(1) In the case of submitted data (such as plans, sketches, designs, logos, motifs, names, graphics, etc.), the customer assures that it has designed these itself and/or that it is the owner of all rights of use to the data and/or has been commissioned by the owner of all rights of use to pass on the data for free use. This refers in particular to rights of use under trademark, copyright and design law. The Customer affirms that he/she is the sole person authorized and/or commissioned to dispose of the aforementioned rights of use.
(2) The Customer affirms that he/she is not aware of any third-party rights that conflict with the use of the data.
(3) The Customer affirms that, to the best of his/her knowledge, the data he/she submits to MOONICH or one of its Internet stores does not violate any statutory provisions or criminal law prohibitions.
(4) The customer shall be liable to MOONICH and its Internet stores for all damages incurred by us through the use of the data (plans, sketches, designs, logos, motifs, names, graphics, etc.) submitted by the customer with reference to these GTC. In particular, if the reproduction and/or further processing (printing, graphic processing, etc.) violates other legal provisions and/or the rights of third parties.
The customer shall be liable for all damages due to justified claims against MOONICH and its Internet stores, including any costs incurred for the necessary legal review and legal representation. The customer undertakes to indemnify us against all such costs and claims for damages.
§9 Contract language
The contract language is exclusively German.
§10 Form of declarations
Legally relevant declarations and notifications that the customer must make to us or a third party must be made in writing.
§11 Data protection
We are entitled to store and process data about the customer received in relation to or in connection with the business relationship in accordance with the Data Protection Act.
§12 Place of performance - choice of law - place of jurisdiction
(1) The place of performance and payment is our place of business, unless otherwise stated in the contract.
(2) The law of the Federal Republic of Germany shall apply, excluding the application of the UN Convention on Contracts for the International Sale of Goods and the Hague Uniform Laws on the International Sale of Goods.
(3) The exclusive place of jurisdiction is the court responsible for our place of business. We remain entitled to appeal to any court with statutory jurisdiction.
§13 Final provisions
The law of the Federal Republic of Germany shall apply.
July 01, 2021
MOONICH Produktkonzepte und -realisierung GmbH
Kramergasse 32
D-82054 Sauerlach near Munich
Phone: +49 8104 64709-0
Fax: +49 8104 64709-9
E-mail: mail@moonich.de
Managing Director: Lars Keussen
Commercial Register: HRB 123596
Munich Local Court
VAT ID No.: DE 199332658
Data protection
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Take a look at our privacy policy ".