Company terms and conditions Mooris.de GmbH

This is a translation of the German version. The German version is legally binding.

The following terms and conditions apply to all orders placed through our online store www.mooris.de. The imprint and the privacy policy is a part of the GTC.

§ 1 Seller

Mooris.de GmbH, Georges-Köhler-Str. 2, 79539 Lörrach (Amtsgericht Freiburg im Breisgau, HRB 721180)

§ 2 Consumer / Scope

The offers apply only to registered members with login (email address) or app download (consumer). These terms and conditions apply to all legal transactions between Mooris.de GmbH and a buyer.

§ 3 Contractual provisions, contracting parties, conclusion of contract

The purchase contract is concluded with the Mooris.de GmbH, Georges-Köhler-Str. 2, 79539 Lörrach("Seller") and its customers ("Buyer"), which come about through the goods and services offered on the online store www.mooris.de.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By accepting the terms and conditions and selecting the payment method, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order will be sent together with the acceptance of the order by e-mail. With this e-mail confirmation, the purchase contract is concluded. The seller can accept or reject the customer's purchase offer within 3 days.

A binding contract can also be concluded before as follows: If you have chosen credit card payment, the contract is concluded at the time of the credit card charge. If you have chosen the payment method PayPal or Google Pay, the contract is concluded at the time of your confirmation of the payment instruction.

§ 4 Order process

1. Logging into the Internet store after registration with e-mail address or downloading the application.
2. Selecting the desired product by clicking on the buttons 'BUY'.
3. Confirming the purchase of the product by clicking on the buttons 'Proceed to checkout'.
4. No further rabates can be applied to already discounted products.
4. Accept the terms and conditions by clicking the checkbox.
5. Selecting the payment method (all major credit cards).
6. Enter payment details with the payment provider 'Datatrans' or 'PayPal' or 'Google Pay'.

The purchase offer is acknowledged by an email from [email protected].

§ 5 Payment

Payment is made via 'PayPal AG' or via 'Datatrans AG' for Visa and Mastercard credit cards or via 'Google Pay'.

Credit Card - By submitting your order, you are providing your credit card information. After you are legitimized as a legal cardholder, the payment transaction will be made automatically and your card will be charged.

PayPal - In the ordering process you will be redirected to the website of the online provider. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

§ 6 Prices, shipping costs

All prices on www.mooris.de are stated in euros and include the applicable statutory value-added tax in Germany.

We offer the same prices: We generally adhere to the prices suggested by the manufacturer without obligation (UVP). Should you get a cheaper price from a dealer, please contact us at [email protected] and we will try to offer you the cheaper price.

For deliveries to German islands or countries outside Gemany may occasionally incur other costs for which the seller is not responsible and which are to be borne by the buyer. These include, for example, delivery costs, costs for the transfer of funds by credit institutions (eg transfer fees, exchange rate fees) or charges by the import or taxes (eg customs duties). These costs may be incurred in relation to the transfer of funds even if the delivery takes place within Germany, but the customer makes the payment from a country outside the European Union.

§ 7 Delivery, delivery restrictions

Ordered goods are shipped at the discretion of the seller either as a package or by freight forwarding. In the case of freight forwarding shipments, the delivery is basically "free curb", that is, to the nearest public curb at the delivery address, unless otherwise stated in the shipping information in the online store of the seller and unless otherwise agreed. If the place of delivery is not or not easily accessible by truck or the delivery (e.g. through entrances and staircases) to the apartment can not be carried out by the usual means of furniture transport, the buyer is obliged to point this out in advance. If the buyer fails to do so, he is obliged to reimburse the seller for any additional costs and is in default of acceptance insofar as the delivery can not be made because of such a circumstance.

If a return of the shipped goods to the seller is made by the transport company, because a delivery to the buyer was not possible, the customer bears the cost of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable time before the service.

The seller is entitled to partial deliveries, provided that this is reasonable for the buyer.

Deviations in quantity, structure, color, shape, dimensions, weight, as well as technical changes compared to the illustrations and information in the online store, possibly also to previous deliveries, are possible and remain reserved, provided that these are in the nature of the materials used, are customary in the trade and / or serve to improve the product.

The Seller may withdraw from the contract if the goods cannot be delivered by the manufacturer (e.g. in cases of insolvency of the manufacturer) or other obstacles to performance that were not foreseeable at the time of conclusion of the contract and cannot be overcome by reasonable efforts of the Seller. At the same time, the Seller must prove that it has made other efforts to procure similar goods in vain. In the event of withdrawal by the Seller, the Buyer shall be informed immediately of the non-availability of the purchased goods.

The Seller shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other unforeseeable events (e.g. operational disruptions of all kinds, strikes, lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which the Seller is not responsible. The delivery period shall be extended in accordance with the duration of such measures and obstacles. This also applies if these circumstances occur at a sub-supplier.

If the Buyer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Buyer as soon as the Seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

§ 8 Right of withdrawal and cancellation

Right of withdrawal: you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.

To apply your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement by email [email protected].

Consequences of withdrawal: If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal 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; in no case will you be charged any fees because of this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the cost of the return. Please always attach the original delivery bill if no other receipt is enclosed.

You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for the examination of the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts: Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery (including underwear, swimwear). Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Please always enclose the original delivery bill.

§ 9 Notices of defects and claims due to defects, liability

The warranty is governed by the statutory provisions. Claims of the buyer due to defects caused by natural wear and tear, improper use or treatment are excluded.

Claims of the buyer for damages are excluded. The seller is only liable if there is a violation of the seller against essential contractual obligations or the buyer has suffered damage from injury to life, limb or health or under the Product Liability Act or if the seller, one of its legal representatives or agents have caused the damage grossly negligent or intentional.

For entrepreneurs, an insignificant defect shall in principle not give rise to any claims for defects. The seller has the choice of the type of supplementary performance. The limitation period for defects in new goods is one year from the transfer of risk. In the case of used goods, the rights and claims due to defects are generally excluded. The limitation period does not begin again if a replacement delivery is made under the liability for defects.

Further applies to entrepreneurs that the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty of inspection and complaint in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

If goods are delivered with obvious transport damage, the buyer is asked to complain about such defects as soon as possible to the delivery person and to have this acknowledged in writing with the addition "goods accepted with reservation" and, if necessary, to refuse acceptance. A photo of the defective goods or the battered packaging helps us to claim compensation. Report within 24h to Mooris.de GmbH in writing at [email protected]. Failure to make a claim or contact has no consequences for the legal claims of the buyer and their enforcement, especially your warranty rights. However, they help the seller to be able to assert their own claims against the carrier or transport insurance.

§ 10 Retention of title

The seller retains title to the goods until full payment of all its claims arising from the contractual relationship.

The buyer is obliged to treat the goods subject to retention of title with care at all times. He may not leave them to third parties and hereby assigns to the Seller his possible claim for surrender against third parties with regard to the goods still subject to retention of title. The Buyer is obliged to notify the Seller immediately of any change of location and of any interference by third parties. If a replacement is provided for the damage or destruction of the delivered goods, it shall take the place of the originally transferred goods. In all other respects, the Buyer shall be liable for any damage to or loss of the goods subject to retention of title.

Furthermore, in the event of seizure or other attachment, the Buyer is obliged to notify the enforcement officer of the Seller's ownership and to notify the Seller of the seizure or attachment within three days, sending a copy of the seizure record. The Buyer shall bear all costs of preserving the Seller's property rights.

§ 11 Arbitration Board

Mooris.de GmbH does not participate in dispute resolution proceedings before a consumer arbitration board. EU OS: https://ec.europa.eu/consumers/odr/.

§ 12 Prohibition of use by automated systems

Any attempts to circumvent the security measures of the website, to disrupt the proper operation of the website or to use the information and services provided on the website in an unauthorised manner may result in civil or criminal prosecution. The website operator reserves the right to block access from certain IP addresses or user accounts that have been identified as the source of unauthorised activities without prior notice.

In the event of a violation of the prohibition of use of this website by automated systems, bots, AI-based tools or software without the prior written consent of the website operator, the violator undertakes to pay a contractual penalty to the website operator. The amount of the contractual penalty is set at CHF 10,000 per day.

The assertion of a higher claim for damages if the actual damage incurred exceeds the amount of the contractual penalty remains unaffected by this. The payment of a contractual penalty does not release the offender from the obligation to fully compensate the damage caused by the offence and does not exclude further civil or criminal measures.

This contractual penalty serves as a deterrent and is intended to ensure compliance with the terms of use of this website. It does not constitute a waiver by the website operator of any other rights or remedies available to it at law or under these Terms of Use.

§ 13 Final provisions

The law of the Federal Republic of Germany shall apply, excluding the conflict of laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the buyer has his habitual residence.

Should individual provisions of the purchase contract be or become invalid, the validity of the rest of the contract remains unaffected. Buyer and Seller undertake to replace the invalid provisions with a valid provision that comes as close as possible to this provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

The place of jurisdiction for all legal disputes is 22605 Hamburg, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer does not have a residence in Germany or in another country of the European Union, 22605 Hamburg is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.