GENERAL TERMS AND CONDITIONS
1. Subject matter of the contract
1.1 The following General Terms and Conditions shall apply to all delivery transactions by Moree Ltd., Kaiserswerther Markt 11, 40489 Düsseldorf, Germany (seller) with its customers. These General Terms and Conditions shall apply to consumers in accordance with § 13 BGB (German Civil Code), except where expressly stated that the terms only apply to corporate clients. According to § 13 BGB (German Civil Code), a consumer is defined as any individual who enters into a transaction for purposes that cannot be attributed to his or her commercial or self-employed activity.
1.2 Any Terms and Conditions stipulated by the customer are hereby expressly excluded. Such conditions shall apply only if and insofar as they have been expressly agreed.
2. Conclusion of the contract
2.1 The display of goods on the seller’s website does not constitute an offer to conclude a contract, but an invitation for the customer to submit an offer (invitatio ad offerendum). Only upon completion of the order process shall any offer to conclude a contract with the customer (order) be deemed legally binding. To place an order, the customer is required to place the product in the electronic shopping cart by clicking the appropriate button on the product page. Customers are offered a range of options such as colour, size and quantity. The order can be initiated by clicking the shopping cart button, which enables the customer to access the electronic shopping cart. The shopping cart contains a list of products selected for purchase. The customer has the option to make changes to the list of products in the shopping cart or to remove items he or she intended to purchase from the shopping cart. The customer can abort the order process at any time. The order shall be processed once the customer enters his or her name, address and other customer details requested, and selects a payment option via the mask. The order is completed by clicking on the “pay” button or a corresponding button in the final section of the order form. The seller will confirm receipt of the order immediately via a confirmation email. The confirmation of receipt does not constitute acceptance of the order.
2.2 In general, the selection of goods displayed by the seller comprises all goods available for purchase. The seller reserves the right to check the availability for any orders placed and shall inform the customer immediately if, in an exceptional case, the ordered product is not available and refund any payments already made by the customer forthwith.
2.3 The contact details will not be stored by us. The General Terms and Conditions can be viewed on the seller’s website at any time. The order details shall be sent via email to the email address specified in the order. Once the order has been submitted, the order details can no longer be accessed online.
3.1 The customer has the option to choose one of several payment methods available, unless a specific payment method is stipulated. The payment options available are listed on the seller’s website.
3.2 Products shall only be shipped against payment in advance, unless otherwise agreed. In cases where the goods are dispatched on account, the invoice total is due for payment immediately upon receipt without deductions.
3.3 The customer shall only be entitled to assert a right of set-off if his or her counterclaim has been established res judicata or uncontested. The customer shall only be entitled to assert a right of retention if his or her counterclaims are based on this contract.
4. Retention of title
4.1 Any goods sold shall remain the property of the seller until payment has been received in full. The buyer is obliged to handle the goods with care until the transfer of ownership has been finalised.
4.2 The buyer is obliged to inform the seller immediately in case of garnishment, bankruptcy, damage or loss of the goods as well as change of ownership.
5. Delivery, shipping costs
Deliveries shall be made within five working days, unless another delivery period has been specifically agreed. Freight, delivery and shipping costs can be viewed via the website’s menu under the appropriate link.
6. Right of cancellation for customer
Only for end users in accordance with § 13 BGB (German Civil Code), i.e. individuals who conclude a transaction for a purpose that is neither commercial nor attributed to self-employed activity, as follows:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period shall be fourteen days from the date on which you or a third party designated by you, which is not the transport company, accepts the eventual delivery of goods.
To exercise your right of cancellation, you must inform us (Moree Ltd., Kaiserswerther Markt 11, 40489 Düsseldorf, Germany, Tel: +49,211,302 768 0, Fax: +49,211,302 768 10, email: email@example.com) of your decision to cancel this contract by means of a clear statement to this effect (e.g. letter via post, fax or email). You may use the cancellation form attached. However this is not obligatory.
The submission of the cancellation notification before the end of the cancellation period shall be deemed sufficient to observe the cancellation deadline.
Consequences of cancellation
In the event you cancel this contract, we shall refund to you all the payments that we have received from you, including delivery charges (except for additional costs incurred as a result of choosing a delivery mode other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this repayment, we shall use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; under no circumstances shall any charges be debited to you for this refund. We reserve the right to refuse to refund payments until we have received the goods or until you have furnished proof that you have returned the goods, whichever is earlier.
You are obliged to send back or hand over the goods to us without delay, in any event no later than fourteen days from the date on which you notify us about the cancellation of this contract. The dispatch of the goods before the expiry of the fourteen-day period shall be deemed sufficient to comply with the deadline.
The cost of returning the goods shall be borne by you.
You shall only be liable for any diminished value of the goods if the diminished value is as a resulted of handling beyond what is deemed necessary to establish the nature, characteristics and functioning of the goods.
End of cancellation policy
Exceptions: The right of cancellation shall not apply in cases where the goods supplied are not prefabricated, but produced according to customer specifications or clearly tailored to the personal requirements of the consumer, or for perishable goods that are liable to spoil quickly, or where after shipping the sell-by-date would be exceeded. The same also applies to the delivery of goods that by virtue of their nature are inseparably mixed or combined with other goods.
7.1 The warranty shall be subject to the statutory provisions.
7.2 The purchase of used goods shall be subject to a limitation period of 12 months, beginning from the delivery date of the item.
7.3 The following only applies to corporate customers:
The assertion of warranty claims assumes that the customer has properly fulfilled his or her obligation to examine and submit notification of defects in accordance with § 377 HGB (German Commercial Code). The limitation period for warranty claims is 12 months, calculated from the date of the transfer of risk. Warranty is excluded for used items in the order. This shall not apply where a specific guarantee or liability due to bad faith is in effect.
8.1 In case of wilful intent or gross negligence, or in case of a defect in a warranted feature, the seller shall assume unlimited liability for all damages arising therefrom.
8.2 In cases of slight negligence, the seller is subject to unlimited liability in event of injury to life, body or health. In cases where delivery or services are delayed due to slight negligence, a violation of an essential obligation or have been rendered impossible to complete, the seller’s liability shall be limited to the foreseeable damages typical for this type of contract.
8.3 In all other cases any liability shall be excluded except for mandatory liability under the Product Liability Act.
9. Transfer of risk
The following only applies to corporate customers: Unless otherwise agreed, delivery shall be ex works.
10. Other provisions
10.1 The assignment of claims requires the consent of the seller.
10.2 German law shall apply to the contractual relationship between the parties to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The mandatory consumer protection regulations of the country of domicile shall remain unaffected.
10.3 The following only applies to corporate customers: The place of jurisdiction for all disputes shall be the registered headquarters of the seller.
Moree LTD. 07.07.2014