1.
Terms of use
These conditions apply to all the products, deliveries and services mentioned on this online site. Customer/s conditions will explicitly not be content of the treaty, even if the Moguai Shop dosn/t explicitly disagree. In case of a customer not agreeing to the following conditions, he is obligated to notify the Moguai Shop in writing before hand.
2.
Right to annul
You are no longer bound to your order, if you send the products back, in the original packaging, within two weeks after receiving. The Cancellation must not be justified. The original packaged product can be returned (on our risk) with a notification in writing (an e-mail before hand is appropriate). You will have to accept the costs of shipping. Individual produced products are excluded from cancellation. It is enough to send back the cancellation and original packaged product within the deadline to the following address:
Moguai GmbH
Cäcilienhöhe 202
45657 Recklinghausen
Germany
Please don/t send us any not prepaid postage, we can not accept these due to organizational problems. The right of annul is restricted when the product is used, used by the customer, washed ore warn. If washed, warn ore not original packaged products are sent back, we have reserved the right of claiming value compensation (§361a BGB).
3.
Terms of payment and prices
Payment always occurs via cash on delivery, advance payment ore debit note. The bills are immediately payable. In the case of belated payment the Moguai Shop is entitled to stop further deliveries and services. The Moguai Shop is entitled to raze interest due up to 5% more than the appointed reference rate of the European Central Bank on belated payments from the customer.
All prices include the lawfully required VAT. The Moguai Shop is entitled to partial delivery.
4.
Delivery and shipping
All offers are subject to change without notice. Delivery only takes place as long as stock is sufficient All the delivery dates named by the Moguai Shop are delivery dates without engagement, except if a delivery date has been agreed on in writing as being explicitly binding. If the customer has wishes to change ore adjust his order after the order has been placed ore other non foreseeable circumstances take place, which do not allow the Moguai Shop to keep to the delivery dates, even though the Moguai Shop cannot be plead guilty of these circumstances, the delivery date will be moved to a suitable date. If the Moguai Shop is hindered in fulfilling the contract due to procurement, production ore delivery disturbances at their supplier, the general principles of law and their measure are valid. The customer is able to set a grace period of 6 weeks. If a binding delivery date can evidently not be fulfilled due to mobilization, war, riot, strike ore lock-out ore other circumstances of which the Moguai Shop can not be accused of by the general principles of law, the delivery date will be moved to a suitable date. The Customer can back out of the contract, if he sets a reasonable grace period after the expiration of the extended time limit. If the customer wants to back out of the contract due to the Moguai Shop not fulfilling the contract with in the extended time limit, he must do so in writing. If the Moguai Shop is totally ore partially hindered in fulfilling the contract, due to the listed reasons, the Moguai Shop is freed from their delivery duty.
The shipping costs with in the Federal Republic of Germany will be paid by the Moguai Shop. Shipping costs as well transport insurance to countries other than the Federal Republic of Germany are basically to be paid by the customer, but the choice of shipping method and shipping route are reserved for the discretion of the Moguai Shop. The customer is obligated to immediately after receiving, inspect the product and to notify the Moguai Shop in writing of any recognizable transport damage to the packaging. This also applies to hidden damages. Should the Moguai Shop loose their demand towards the insurance ore sub supplier due to failing in fulfilling these duties, the customer is obligated to pay all costs, resulting from this failure of duty. The risk is transferred to the customer as soon as the product leaves the production facility ore the Moguai Shop warehouse.
5.
Reservation of ownership
The delivered product stays ownership of the Moguai Shop until the full amount of the Moguai Shop demand, resulting from the business relationship to the customer, is paid. The customer is obligated to adequately insure the products still running as ownership of the Moguai Shop. The customer dos not have the right of disposal on the products still running as ownership of the Moguai Shop.
6.
Limitation of liability
The Moguai Shop will in cases of intent ore gross negligence be liable according to the lawful regulations. In cases of ordinary negligence the Moguai Shop will only be liable if a contractual duty is violated ore if a case of delayed performance ore Impossible exists. In the case of the Moguai Shop being maid responsible for ordinary negligence the responsibility will be restricted to damages that where foreseeable ore are typical. Only in cases of ordinary negligence which also include inability to perform in the beginning stages from the Moguai Shop will these liability restrictions take effect. Liability in cases of missing promised features due to intentions to deceive, of personal injuries, of legal infirmities and liability according to the liability law are not cases in which the liability restriction take effect.
7.
Warranty
The Moguai Shop warrants that the products possess the features promised in the contract and that they do not have damages, which would lower the value and restrict the funcunallity to the ordinary ore promised value and functuanallity according to the contract. Minor loss of Value and functionallity are not taken in account.
The warranty period starts with the day of delivery and ends 12 months later. The Moguai Shop has to be immediately informed in writing about damages found during the period of warranty. The warranty dos not include repairing damages originating from ordinary attrition, outer influences ore handling errors.
The Moguai Shop can repair ore exchange damaged parts as long as the warranty covers theses damages. The customer is obligated to give the Moguai Shop the appropriate time and opportunity to repair the damages. In cases of the Moguai Shop failing to repair the same damage ore directly linkt damages twice, the customer has right of reduction of the purchase price ore of conversion.
If the customer makes use of the Moguai Shop warranty, but it turns out that their either is no damage to the product ore the Moguai Shop can not legally be bound to warrant for the damage, the customer, if he has made use of the warranty in cases of gross negligence ore intent, has to come up for all the created expenses with in the Moguai Shop.
Images and sizes are approximately correct and non-committal indications.
8.
other legal entities
Should a single term of these conditions become partially ore totally legally invalid, it will not have any effect on the validity of other terms. More over the term most similar, in account of each single case, to the one that has become totally ore partially legally invalid, will take its place. Supplements to the contract will only come into effect when confirmed in writing.
The customer can only transfer his rights originating from a business relationship to Moguai Shop, if the Moguai Shop agrees in writing. The customer only has the possibility of a setoff towards the purchase money claim if he offers an approved ore legally effective counterclaim.
As we deliver our products, in Germany, without shipping fees we have reserved the right of claiming later shipping costs of 4,90 EUR in exceptional cases.
Place of jurisdiction is, as long as legally approved, the main office of the Moguai Shop in Germany. Exclusively only German law is allowable.
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