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General terms and conditions

General terms and conditions:

Transactions with consumers (Part 1) and transactions with entrepreneurs, businessmen, public law entities as well as special fund public law bodies (Part 2).


Part 1: AGB Terms and conditions - transactions with consumers

§1 General - Scope of application - subject matter of the contract

(1) The "general terms and conditions" (AGB), as detailed herein, apply to all current and future transactions of MOONICH Produktkonzepte und -realisierung GmbH (hereafter: „MOONICH“) with consumers.
(2) Consumers in the sense of these terms and conditions means private persons (hereafter “customer” or “customers”), that conclude a purchase contract for the purpose of delivery of movable goods offered by us, the nature of which can neither be attributed to their commercial or independent professional activity.
(3) These terms and conditions are applicable exclusively. For the rest, the legal regulations apply.
 

§2 Conclusion of the contract

(1) The presentation of our products in brochures, catalogues, on websites, or in our online-stores constitutes a non-binding invitation to the customer to order merchandise.
(2) In case of an order via one of our online-shops, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart after having successfully concluded the individual steps of the intended ordering process in the online-shop. Only by submitting the data and by means of clicking the button "Complete order" in the final step of the ordering process, the legally binding offer of contract is concluded.
over the Internet for security reasons.
After clicking the „Purchase“-button the receipt of the order is immediately confirmed. This acknowledgement of receipt does not yet mean a binding order acceptance.
The order is not deemed to be finally accepted and irrevocable until we send a confirmation of order in writing (letter, email, fax, or other) after receipt of the order, or until we send a confirmation the delivery of the ordered merchandise. This concludes a legally binding contract. If the customer does not receive an order confirmation within that term, he is no longer bound to the offer. The legally binding purchase order is concluded with our order confirmation only – which can be but is not necessarily connected to the acknowledgement of receipt -, but at the latest with our dispatch of the ordered merchandise.
(3)The order is saved by us and it can be sent by email to the customer, along with the present General Terms and Conditions, upon request.
 

§3 Consumer’s right of revocation

Declaration of the right of revocation 

Right of revocation
You shall be entitled to cancel such purchase without citing any reasons for doing so within 14 days. The revocation term is 14 days from the day you or a third party appointed by you, that is not the transporter, has been supplied with the merchandise concerned.
To exercise your right of revocation you have to inform us:

MOONICH Produktkonzepte und -realisierung GmbH
Kramergasse 32 · D-82054 Sauerlach / Munich
E-Mail: mail@moonich.de · Telefax: 0049 8104 64709-9,
 
by means of a clear statement (e.g. letter, fax, or email) and by stating the order confirmation number, about your decision to revoke the contract. You can, but don’t have to, use the MOONICH sample cancellation form to this end. The sample cancellation form is provided on our website.
The right of revocation shall not apply for contracts covering goods which have been specifically made to the customer's specifications (e.g. prints, customized products, special orders, etc.).
The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
 
Consequences of revocation
In the event of effective revocation, payments received by us, including shipping costs (with the exception of additional costs that result from your selection of any other form of shipment other than “standard”, which is the cheapest option) shall be returned to you immediately and no later than fourteen (14) days after receiving your notice of revocation. For the return of your payment we shall use the same payment method which you used for the transaction, unless something different has been explicitly agreed upon. In no case will you bear any charges related to the reimbursement.
We may withhold the reimbursement until we have received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
You shall return all goods to us immediately and no later than fourteen (14) days from the day you notified us about your revocation of the contract. The deadline is met if the goods are sent before the stated period has expired.
When sending back the delivery of goods, you have to bear the expenses of return. You are responsible for appropriate packaging of the goods. You shall be liable for defects in the goods that are based on damage caused by transport due to inappropriate packaging. Iin the case of non-transportable packaged goods we will organize pickup of such goods if desired, you will receive a quote from us concerning the cost of the pickup. Freight forward goods are not accepted!
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

End of declaration of the right of revocation
 

§4 Prices, Payment, Shipping

(1) The purchase price offered is binding. The prices listed by are valid gross VAT included. Shipping costs are added as indicated.
(2) The customer can make payment by cash in advance, by debit advice or by cash, debit card or credit card (Visa or MasterCard) on collection.
In case payment is made in advance, the customer may use the following bank account:
Kreissparkasse München, account no.: 102 476 25, BLZ: 702 501 50
IBAN: DE91 702 501 500 010 247 625, SWIFT/BIC: BYLADEM1KMS

If the customer orders the goods electronically in one of our online-shops, he can make payment of the order by paypal, by credit card (Visa or MasterCard), by “immediate debit”, or by electronic debit.
 
(3) In case of advance payment, the full amount is payable immediately after receipt of the order confirmation, but no later than 14 days after the receipt of said order confirmation, else the customer is in default of payment.
(4) The invoice will be sent in writing (via postal mail or email) with or after delivery of the goods.
(5) The customer is obliged to pay interest at 5% above the base rate of the European Central Bank (ECB) during the period of payment delay. In addition, € 5,- per dunning level are added to the amount due.
 

§5 Delivery and transfer of risk

(1) Unless otherwise specified in the confirmation of order, offered goods are on stock. Delivery of goods on stock will take place no later than seven (7) days after receipt of the full amount due. In case an article is unexpectedly not on stock, the customer will be notified immediately by us. In this case the customer has the right to revoke the contract.
(2) We are not liable for extended delivery times in case of unforeseen impediments beyond our influence (such as strike, plant interruptions, delays on account of the procurement of materials, etc.). The delivery term may be extended accordingly without our influence.
(3) The risk of the accidental loss and of accidental deterioration of the goods shall pass to the customer as soon as the goods were handed over to him.
 

§6 Reservation of title

(1) We shall reserve title to the goods delivered (goods subject to reservation of title) until payment in full.
(2) Until payment in full has been made as well as till the end of the revocation period, the customer is obliged to treat the goods delivered with due care to use them only for their intended purpose in order to avert possible claims for compensation in case of the return of the goods.
(3) Until payment in full has been made as well as till the end of the revocation period, the customer is obliged to leave any markings (e.g. serial- and/or check numbers, data plaques, etc.) on the products and/or their retail packaging, to not remove or destroy them, or to not make them illegible, so that product identification is possible in case of the return of the goods.
 

§7 Material defects, warranty

(1) We are liable for material defects according to applicable law, notably §§434, 437ff BGB (German Civil Law Code). The customer shall immediately report any transportation damages to the forwarding agent or the carrier and to the seller, without this resulting in any negative effect on the scope of the statutory defect claims.
(2) All legal warranty regulations apply. The warranty period is two years from delivery.
(3) The warranty does not cover normal wear and tear of the good or defects as a result of special external influences after delivery of the goods. No warranty claims shall exist if there are defects which have been caused by improper or unsuitable use by the customer.
(4) For identification purposes of the goods in case of the return of the goods, the customer will not remove or render illegible any markings (e.g. serial- and/or check numbers, data plaques, etc.) on the products and/or their retail packaging.
(5) Link to the Online Dispute Resolution platform of the European Commission for online shops / e-commerce for purpose of online dispute resolutions acc. to art. 14 par. 1 Regulation (EU) No 524/2013: Platform of the EU Commission regarding online dispute resolution:  http://ec.europa.eu/consumers/odr/. We are neither obligated nor content participating in any dispute resolution.

 

§8 Liability for other breaches of obligations

(1) Our liability for other breaches of obligations, that are not a material defect or have caused damage damage beyond the material defect, are subject to legal regulations, if not stated differently.
(2) We assume liability for compensation of loss - irrespective of any legal basis – only, if we acted deliberately or grossly negligent. We are liable pursuant to the statutory provisions for ordinary negligence for damages arising from the injury of life, body or health; only for damages arising from the breach of an essential obligation under an agreement; essential contractual obligations are those obligations the fulfilment of which is indispensable for proper performance of the agreement. In this case, however, our liability shall be restricted to the compensation of the foreseeable, typically arising damage. The limitation and exclusions of liability detailed in the foregoing shall also apply to our executive bodies, persons that we engage in perform ing our obligations and/or vicarious agents.
(3) Claims of the customer under the product liability act remain unaffected by the limited liability regulated above.
 

§9 Property rights of third parties

(1) The customer affirms that submitted data (plans, drawings, sketches, constructions, logos, motifs, names, graphics, etc.) have been developed by him and/or he owns all rights for the data and/or was instructed by the owner of all rights to pass on the data for free use. This applies in particular to copyrights, trademarks and patent rights, as well as to all other forms of intellectual property rights. The customer assures with regards to the a.m. rights to be the sole person entitled to and/or ordered to dispose of said rights.
(2) The Customer further affirms that he is not aware of any third-party rights which conflict with the use of the submitted data.
(3)The customer affirms that the data submitted to MOONICH or any of their online shops, to the best of his knowledge are not in conflict with legal regulations and/or violate penal prohibitions.
(4) The customer is liable to MOONICH and any of their online shops for all damages that occur to us as a result of our use of the data submitted by the customer under acceptance of these terms and conditions (plans, drawings, sketches, constructions, logos, motifs, names, graphics, etc.). Especially if the reproduction and/or the distribution (print, graphic processing, etc.) violates legal regulations and/or property rights of third parties.
The customer is liable in particular for all damages which arise for MOONICH and their online shops, including but not limited to all costs arising for necessary legal examination and/or legal representation. The customer undertakes to indemnify us in respect of all prejudice, costs, losses, claims and/or expenses we may suffer, sustain or bear.
 

§10 Language

The language of the contract is exclusively German.
 

§11 Limitation period

The statutory limitation period applies.
 

§12 Form of declarations

Legally binding declarations and notifications of the customer towards us or towards third parties have to be made in writing or by e-mail
 

§13 Data protection

Within the scope of German Data Protection Act ( Datenschutzgesetz ), we are entitled to store and process data pertaining to the customer that has been provided in the course of the business relationship or which is connected with such.

 
§14 Final provisions

(1) The laws of the Federal Republic of Germany shall apply with the exception
of the UN Law on International Sales (CISG) and the Hague Conventions of 01.07.1964 relating to a Uniform Law on the International Sale of Goods. This does not apply if special consumer protection provisions in the customer's home country are more convenient (Art. 29 EGBGB).
(2) Should any regulation or part of a regulation of these terms and conditions be ineffective in whole or in part, or become ineffective later, the validity of all other regulations will not be affected. The invalid or unfeasible provision will be replaced by another appropriate provision, if legally possible, that comes closest to what the contracting parties desired or would have desired according to the sense and purpose of the contract insofar as they would have considered the item when closing the contract or at the later assumption of a provision.
 
————————————————————
 
01. October 2015
 
MOONICH Produktkonzepte und -realisierung GmbH
Kramergasse 32 · D-82054 Sauerlach bei München
 
Tel.: 0049 8104 64709-0
Fax: 0049 8104 64709-9
E-Mail: mail@moonich.de
 
CEO: Lars Keussen
Commercial register (Handelsregister): HRB 123596
County Court Munich (Amtsgericht München)
VAT-ID.-Nr.: DE 199332658

 

Part 2: AGB terms and conditions - transactions with entrepreneurs, businessmen, public law entities as well as special fund public law bodies


§1 General - Scope of application - subject matter of the contract

(1) The "general terms and conditions" (AGB), as detailed herein, apply to all current and future transactions of MOONICH Produktkonzepte und -realisierung GmbH (hereafter: „MOONICH“) with entrepreneurs, businessmen, public law entities as well as special fund public law bodies
(2) Entrepreneurs in the sense of the Terms and Conditions (hereafter „customer“ or „customers“) are natural or legal entities or legally authorized private companies with whom a business relationship is established and who are performing commercial or independent professional duties.
(3) These general terms and conditions apply exclusively; we do not accept contrary or deviating terms from the customer unless we explicitly approve their validity in writing.
 

§2 Conclusion of the contract

(1) The presentation of our products in brochures, catalogues, on websites, or in our online-stores constitutes a non-binding invitation to the customer to order merchandise.
By ordering merchandise the customer bindingly declares himself willing to purchase the merchandise ordered. Any deviations between the content of the order and subsequent contract modifications shall only be considered as agreed if we have expressly confirmed them in writing (e.g. email, fax, letter).
(2) The order is not deemed to be finally accepted and irrevocable until we send a confirmation of order in writing (letter, email, fax, or other) after receipt of the order, or until we send a confirmation the delivery of the ordered merchandise. All offers are non-binding.
The order is saved by us and it can be sent by email to the customer, along with the present General Terms and Conditions, upon request.
 

§3 Prices, Payment, Shipping

(1) The purchase price offered is binding. The prices listed are net prices and do not contain the official value added tax, unless stated differently. the official value added tax will be noted separately on the invoice on the day the invoice is issued.
Shipping costs will be added as indicated.
(2) The contractually agreed price applies. If on the date performance is rendered the price has increased as a result of any change in the market price, or as a result of the prices charged by third parties associated for performance of the contract, the increased price shall apply. In case the increase in price is 20% or more above the agreed price, the client is entitled to cancel the contract. This right must be exercised immediately after the notification of the increase in price.
(3) For new customers it is only possible to pay in advance for the first 3 orders within 12 months
For advance payments, the customer may use the following bank account:
Kreissparkasse München, Konto-Nr.: 102 476 25, BLZ: 702 501 50
IBAN: DE91 702 501 500 010 247 625, SWIFT/BIC: BYLADEM1KMS
In case of advance payment, the full amount is payable immediately after receipt of the order confirmation.
As of the fourth (4th) order within 12 months the customer may the order by invoice. Nonetheless we reserve the right to fulfill orders against advance payment only.
The total amount is due within 10 days of receipt of the goods without any deductions, unless otherwise agreed.
The statutory regulations concerning the consequences of default in payment apply.
(4) The invoice will be sent in writing (via postal mail or email) with or after delivery of the goods.
(5) The customer is obliged to pay interest at 5% above the base rate of the European Central Bank (ECB) during the period of payment delay. In addition, € 5,- per dunning level are added to the amount due.
(6) The customer only holds an offsetting right if his counterclaims have become legally final and absolute or have been recognised by us or if a claim for the costs of fixing a defect has been submitted. The customer may only exercise any rights of retention if his counterclaim is based on the same contractual relationship.
 

§4 Delivery and transfer of risk

(1) Delivery dates or periods shall always be deemed to be non-committal details. Unless otherwise shown in the acceptance of order, delivery ex works is agreed.
(2) Unless otherwise specified in the confirmation of order, offered goods are on stock. Delivery of goods on stock will take place no later than seven (7) days after receipt of the full amount due. We have the right of installment delivery to the extent its acceptance is not unreasonable for the customer. We will inform the customer at the latest with the order confirmation on the delivery times for articles not on stock. In case this results in significant delay, the customer has the right to rescind the contract.
(3) The delivery time may be extended in case of unforeseen impediments beyond our influence (such as strike, plant interruptions, delays on account of the procurement of materials , etc.). The delivery term may be extended in accordance with the duration of the impediment or hindrance beyond our influence.
(4) The customer is in delay of acceptance, if acceptance of the delivered goods by the customer is delayed, if a fixed date for delivery was agreed upon. This also applies if the customer advised non-acceptance prior to delivery and did not receive written agreement from us.
As of the eighth (8th) day of the delay of acceptance we will charge a surcharge of 0.5% of the amount of the invoice per day for warehousing the goods.
 

§5 Reservation of title

(1) We shall reserve title to the goods delivered (goods subject to reservation of title) until payment in full.
(2) Until payment in full has been made as well as till the end of the revocation period, the customer is obliged to treat the goods delivered with due care to use them only for their intended purpose in order to avert possible claims for compensation in case of the return of the goods.
(3) For the duration of the reservation of title, the customer undertakes to inform us immediately of any seizure of the goods by any third party, for example in the event of an attachment, as well as of any possible damage to or destruction of the goods, to provide us with the information required to take legal action and to hand over any necessary documents. Independently of this the customer is obliged to advise the third party in advance on existing rights relating to the goods. The customer must bear our expenses for intervention as far as the third party is not able to refund such costs.
(4) If the customer breaches the contract, particularly in the event of payment default or infringement of one of the obligations under paragraphs 2 and 3 of this section, we have the right to cancel the contract and require return of the goods at the customer's expense.
(5) The customer is obliged to leave any markings (e.g. serial- and/or check numbers, data plaques, etc.) on the products and/or their retail packaging, to not remove or destroy them, or to not make them illegible, so that product identification is possible in case of the return of the goods. In case of the return of the goods, customer is obliged to remove all his markings and stickers he may have applied.
 

§6 Material defects, warranty

(1) We are liable for material defects according to applicable law, notably §§434, 437ff BGB (German Civil Law Code). The customer shall immediately report any transportation damages to the forwarding agent or the carrier and to the seller.
(2) The customer may only assert warranty claims if he fulfilled his obligations regarding inspection and complaint according to § 377 HGB (German Commercial Code). The full burden of proof lies with the customer for any and all basis of claims, particularly the defect itself, for the time of discovery of defect and the timeliness of the notice of defect. In case we are obliged to subsequent performance we have first of all the choice whether we either correct the defects (rework) or whether we deliver a flaw-free replacement (substitute delivery). For non-merchants, the complaints' period (in writing only) shall last for 10 days.
3) The warranty does not cover normal wear and tear of the good or defects as a result of special external influences after delivery of the goods. No warranty claims shall exist if there are defects which have been caused by improper or unsuitable use by the customer.
(4) Warranty claims against us will become timebarred one year from the date of delivery.
 

§7 Liability for other breaches of obligations

(1) Our liability for other breaches of obligations, that are not a material defect or have caused damage damage beyond the material defect, are subject to legal regulations, if not stated differently.
(2) We assume liability for compensation of loss - irrespective of any legal basis - only if we, acted deliberately or grossly negligent. We are liable pursuant to the statutory provisions for ordinary negligence for damages arising from the injury of life, body or health; only for damages arising from the breach of an essential obligation under an agreement; essential contractual obligations are those obligations the fulfilment of which is indispensable for proper performance of the agreement. In this case, however, our liability shall be restricted to the compensation of the foreseeable, typically arising damage. The limitation and exclusions of liability detailed in the foregoing shall also apply to our executive bodies, persons that we engage in perform ing our obligations and/or vicarious agents.
(3) Claims of the customer under the product liability act remain unaffected by the limited liability regulated above.
 

§8 Property rights of third parties

(1) The customer affirms that submitted data (plans, drawings, sketches, constructions, logos, motifs, names, graphics, etc.) have been developed by him and/or he owns all rights for the data and/or was instructed by the owner of all rights to pass on the data for free use. This applies in particular to copyrights, trademarks and patent rights, as well as to all other forms of intellectual property rights. The customer assures with regards to the a.m. rights to be the sole person entitled to and/or ordered to dispose of said rights.
(2) The Customer further affirms that he is not aware of any third-party rights which conflict with the use of the submitted data.
(3)The customer affirms that the data submitted to MOONICH or any of their online shops, to the best of his knowledge are not in conflict with legal regulations and/or violate penal prohibitions.
(4) The customer is liable to MOONICH and any of their online shops for all damages that occur to us as a result of our use of the data submitted by the customer under acceptance of these terms and conditions (plans, drawings, sketches, constructions, logos, motifs, names, graphics, etc.). Especially if the reproduction and/or the distribution (print, graphic processing, etc.) violates legal regulations and/or property rights of third parties.

The customer is liable in particular for all damages which arise for MOONICH and their online shops, including but not limited to all costs arising for necessary legal examination and/or legal representation. The customer undertakes to indemnify us in respect of all prejudice, costs, losses, claims and/or expenses we may suffer, sustain or bear.
 

§9 Language

The language of the contract is exclusively German.
 

§10 Form of declarations

Legally binding declarations and notifications of the customer towards us or towards third parties have to be made in writing or by e-mail.
 

§11 Data protection

Within the scope of German Data Protection Act ( Datenschutzgesetz ), we are entitled to store and process data pertaining to the customer that has been provided in the course of the business relationship or which is connected with such.
 

§12 Place of performance - court of jurisdiction - governing law chosen

(1) The place of performance and payment is our registered place of business, unless stated otherwise in the contract.
(2) The laws of the Federal Republic of Germany shall apply with the exception
of the UN Law on International Sales (CISG) and the Hague Conventions of 01.07.1964 relating to a Uniform Law on the International Sale of Goods.
(3) The exclusive place of jurisdiction is the court which has jurisdiction over our registered office. Weare nevertheless entitled to invoke the aid of any other judicially competent court.
 

§13 Final provisions

(1) The law of the Federal Republic of Germany shall apply
(2) Should any regulation or part of a regulation of these terms and conditions
be ineffective in whole or in part, or become ineffective later, the validity of all other regulations will not be affected. The invalid or unfeasible provision will be replaced by another appropriate provision, if legally possible, that comes closest to what the contracting parties desired or would have desired according to the sense and purpose of the contract insofar as they would have considered the item when closing the contract or at the later assumption of a provision.
 
————————————————————
 
01. October 2015
 
MOONICH Produktkonzepte und -realisierung GmbH
Kramergasse 32 · D-82054 Sauerlach bei München
 
Tel.: 0049 8104 64709-0
Fax: 0049 8104 64709-9
E-Mail: mail@moonich.de
 
CEO: Lars Keussen
Commercial register (Handelsregister): HRB 123596
County Court Munich (Amtsgericht München)
VAT-ID.-Nr.: DE 199332658
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