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).