Terms of service

TERMS OF SERVICE

General terms and conditions with customer information


1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects

8. Indemnification in the event of violation of third party rights

9. Redemption of Gift Vouchers

10. Redeeming promotional vouchers

11. Applicable Law

12. Information on online dispute resolution


1. Scope

1.1. These general terms and conditions (hereinafter “GTC”) of “manymooons Marie Möbius” (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) enters into with the seller regarding the information provided by the seller in his online shop the goods and/or services presented. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.


1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.


1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.


1.4. An entrepreneur within the meaning of these General Terms and Conditions 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

2.1. The product representations contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.


2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process . The customer can also submit the offer to the seller by telephone, fax, email or post.


2.3. 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 email), 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 asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.


2.4. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.


2.5. When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.


2.6. Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.


2.7. Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3. Right of withdrawal

3.1. Consumers generally have a right of withdrawal.


3.2. Further information on the right of withdrawal can be found in the seller's cancellation policy.


4. Prices and payment terms

4.1. Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.


4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.


4.3. Various payment options are available to the customer, which are specified in the seller's online shop.


4.4. If advance payment has been agreed, payment is due immediately after conclusion of the contract.


4.5. If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https:// www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer has opened a PayPal account or already has such an account.


5. Delivery and shipping conditions

5.1. Goods are delivered regularly via shipping and delivery

the delivery address provided by the customer. When processing the

Transaction is the one specified in the seller's checkout process

Delivery address is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.


5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .


5.3. Vouchers are provided to the customer as follows:


  • by e-mail

  • per Download

  • by post


6. Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.


7. Liability for defects

7.1. If the purchased item is defective, the provisions of statutory liability for defects apply.


7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.


8. Indemnification in the event of violation of third party rights

If, according to the content of the contract, in addition to the delivery of the goods, the seller is also responsible for processing the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.


9. Redemption of Gift Vouchers

9.1. Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop.


9.2. Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date.


9.3. Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.


9.4. Multiple gift vouchers can also be redeemed with one order.


9.5. Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.


9.6. If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.


9.7. The balance of a gift voucher will neither be paid out in cash nor interest.


9.8. The gift voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.


10. Redeeming promotional vouchers

10.1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.


10.2. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.


10.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.


10.4. Only one promotional voucher can be redeemed per order.


10.5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.


10.6. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference


10.7. The balance of a promotional voucher will neither be paid out in cash nor interest.


10.8. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.


10.9. The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.


11. Applicable Law

11.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.


12. Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.