Terms and Conditions
General Terms and Conditions of MOOSMOOS GmbH
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") of MOOSMOOS GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in its online shop.
(2) Only the German language is available for the conclusion of the contract.
(3) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity.
(4) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
(2) The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(3) The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing their order.
(4) The contract text is stored by the Seller and sent to the Customer in text form (e.g., e-mail or fax) after the Customer has sent their order, together with these GTC.
§ 3 Prices and Payment Terms
(1) Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
(2) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions or import duties or taxes.
(3) Payment can be made optionally by advance payment, credit card, PayPal, Klarna, or on account. The Seller reserves the right to exclude certain payment methods.
§ 4 Delivery and Shipping Conditions
(1) The delivery of goods takes place by shipment to the delivery address specified by the Customer, unless otherwise agreed.
(2) If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service.
(3) In the case of self-collection, the Seller will first inform the Customer by e-mail that the goods ordered by them are ready for collection.
(4) The delivery time is usually 1-2 business days within Germany.
§ 5 Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
§ 6 Liability for Defects (Warranty)
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify the Seller and the carrier of any complaints as soon as possible.
§ 7 Applicable Law
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their habitual residence, remain unaffected.
§ 8 Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Customer's professional or commercial activity.
§ 9 Alternative Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Last updated: March 2024