These General business terms and conditions apply to all purchases or orders made by consumers and entrepreneurs through the Online Shop moreco.com.
A consumer is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. (Paragraph 13, German Civil Code).
An entrepreneur is a natural or legal person or a partnership having legal capacity exercising his commercial or self-employed activities when entering into a legal transaction. (Paragraph 14, German Civil Code).
All purchases and orders are governed exclusively by the following conditions. The status of the General Business Terms and Conditions at time of contract is valid.
If the buyer as entrepreneur (according to Paragraph 14, German Civil Code) uses any conflicting or additional General terms and conditions, the validity of those will be hereby rejected. They become part of the contract only if expressly agreed in writing. This applies in particular to counter-confirmations of the buyer with reference to his business or purchasing conditions.
The languages available for the contract are German, English and Slovak.
Provider of the Online Shop is moreco GmbH, Urbanstr. 71, 10967 Berlin (Germany), Phone: 030/403 645 040, E-Mail: firstname.lastname@example.org.
SAVING THE TEXT OF THE CONTRACT
We do not save the text of the contract. Your personal data and your order data can be viewed in your customer account (login area) at any time, as long as you have one.
CONCLUSION OF PURCHASE CONTRACT
The product descriptions and product photos in the Seller's online shop do not constitute binding offers on the part of the Seller and are not actual illustrations of the actual product, but exemplify the product. They serve the purpose of submitting a binding offer by the buyer.
The buyer can initially put our products into his shopping trolley without obligation and correct his personal entries before sending his binding order any time by using the provided and explained proofing tools during the order procedure.
The shopping trolley can be changed at any time before completing the order process via the navigation bar. Before final sending the order, the buyer has the opportunity to verify all data. Possible errors in the input are displayed; the buyer is asked to correct the respective input fields. Furthermore, the buyer has the option to interrupt the purchase at any time by leaving the web site of the Online Shop. The order is placed at the end of the online ordering process by clicking the button "Order". Immediately after the order has been sent, the receipt of order will be confirmed by e-mail.
When the contract is concluded with the seller, depends on the payment method the buyer has chosen:
PayPal: In the order process, the buyer will be redirected to the website of the online payment provider PayPal. There, the buyer can specify his payment details and confirm the payment order to PayPal. PayPal is requested by the seller after placing the order in the shop to initiate the payment transaction, thereby the seller accepts the offer of the buyer.
Payment in advance: The seller accepts the order by sending the automatically generated e-mail order confirmation in which the buyer is informed of the bank details.
Credit Card: By placing the order, the buyer also transfers his credit card data. Once the buyer became a legitimate cardholder, the seller will ask the credit card company to initiate the payment transaction and accepts the offer of the buyer.
All other payment methods: We accept your offer through the automatically generated e-mail order confirmation.
If an order cannot be accepted for any reason, we will inform the buyer immediately. If in such case any payments have been made already, the buyer shall be refunded without delay.
Unless otherwise stated in the product description, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and shipping costs are specified separately in the respective product description.
Offer prices are valid as long as stocks last or for the period specified by the trader.
In the case of a discount action organized by the dealer in the shop, the discounts do not add up, unless the terms and conditions of the promotion state otherwise.
TERMS OF PAYMENT
The following payment methods are available to the buyer in the shop of the seller:
Payment in advance: If you choose the advance payment as the payment method, we will give you our bank details in the e-mail order confirmation. The payment is due within 7 days.
Credit card: By placing the order you also transfer your credit card data. Following your legitimacy as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically performed by the credit card company and charged to your card.
PayPal: During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. More information you will get during the ordering process.
Payment by invoice: Buyers pay the invoice amount upon receipt of the goods and the invoice by bank transfer to the specified bank account. Moreco reserves the right to offer the purchase on invoice only after a successful credit check.
Unless otherwise specified for the respective payment methods, the payment claims arising from the contract, that has been concluded, become payable immediately.
DELIVERY AND SHIPPING CONDITIONS
The delivery is made on the dispatch route to the delivery address specified by the buyer, unless otherwise agreed. In addition to the stated product prices shipping costs are added. You can find out more about the amount of the shipping costs in the offers as well as in the section „Payment and Delivery Information “.
If the shipping company sends the goods back to the seller, as a delivery to the buyer was not possible, the buyer bears the cost of unsuccessful shipping, as far as the order value for a free delivery was not reached.
This does not apply if the buyer is not responsible for the circumstances that led to the impossibility of delivery.
This does not apply if the buyer was temporarily prevented from accepting the service offered, unless the seller had announced the performance a reasonable time in advance.
Furthermore, this does not apply with regard to the cost of the dispatch, if the buyer exercises his right of revocation effectively. With the effective exercise of the right of revocation by the buyer, the regulation laid down in the instruction concerning right of revocation of the seller shall apply.
For consumers: If goods are delivered with obvious shipping damage, please complain such mistakes immediately upon delivery with the shipper and get in touch with us immediately, if possible. Failure to file a complaint or to contact us does not have any influence on your legal warranty claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims towards the forwarder, or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we give your order to carrier, forwarding agent or any other person or institution to execute the dispatch or institution otherwise responsible for carrying out the shipment. Among traders, the commercial obligation of examination and notification regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make this notification, the goods are considered approved unless this concerns a defect that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
The statutory warranty regulations for consumers shall apply (see I, 2).
If the customer acts as a consumer, the warranty period for used items is one year from delivery of the item. Wear and tear and signs of usage are excluded.
This does not apply insofar as it relates to damages arising from injury to life, limb or health which are due to premeditated or negligent infringement of duty by moreco GmbH or to premeditated or negligent infringement of duty on the part of one of our legal representatives or vicarious agents.
This does not apply insofar as it concerns the liability for other damages and this is based on an intentional or grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by its legal representative or vicarious agent.
If you place your order with us as an entrepreneur, the following applies:
Supplied goods shall be inspected by the buyer immediately after delivery, insofar as this is feasible in the ordinary course of business. If there is a defect, the seller must be notified immediately. If the buyer fails to make this notification, the goods are considered approved unless this concerns a defect that was not detectable during the inspection. If a defect of this type is subsequently revealed, it must be notified immediately after discovery, otherwise the goods shall be considered approved despite this defect. § 377 HGB (German Commercial Code) shall remain unaffected. The Customer is not relieved of his duty to inspect the goods even in the case of recourse on the part of the entrepreneur in accordance with § 478 German Civil Code (BGB). If in such cases, buyer does not immediately report a defect claimed by his customer, such goods shall also be deemed to have been accepted despite such defect.
If a defect is present, the seller is entitled to determine the type of supplementary performance (remedy), taking into account the nature of the defect and the legitimate interests of the customer. In these contracts, a supplementary performance (remedy) is considered to have failed after the third unsuccessful attempt. This subsection does not apply in the case of recourse as defined in Section 478 BGB (German Civil Code).
In the event of supplementary performance (remedy) in the case of defects, the seller shall only be obliged to bear the expenses required for this, in particular transport, travel, labour and material costs, as these do not increase by moving the object to a location other than the registered office or commercial establishment of the buyer to whom the delivery was made. This subsection does not apply in the case of recourse as defined in Section 478 BGB (German Civil Code).
The claims of the buyer including claims for damages become time-barred after one year. This does not apply in the case of recourse according to § 478 BGB (German Civil Code), this also does not apply in the cases of §§ 438 (1), (2) BGB (German Civil Code) as well as § 634a (1), (2) BGB (German Civil Code). This also does not apply to claims for damages for injury to life, limb or health or due to a grossly negligent or intentional breach of duty by the seller or his vicarious agents.
The limitation periods stated in clauses 2. and 3. do not apply to claims for damages in the case of intent or fraudulent concealment of a defect or as far as moreco has given a quality warranty for the quality of the delivery item. In addition, they do not apply to claims for damages due to material defects in cases of injury to life, body or health, claims under the Product Liability Act, in the case of grossly negligent breach or culpable breach of significant contractual duties. Significant contractual obligations are those contractual obligations whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation on the other end jeopardizes the achievement of the purpose of the contract.
Damage caused by improper or non-conforming measures of the buyer during use, connection, operation or storage shall not constitute a claim against moreco, as far as the defect is based thereon.
This applies, for example, to:
- improper use or repair / opening of products by third parties - use of incompatible accessories (e.g. charging cable or adapter) - moisture, fall and impact damage - use of cut or stamped SIM cards - if a device is bent, then automatically voids any warranty
Moreco does not assume the responsibility for the loss of data. Before submitting defective goods, the buyer must carry out a complete data backup at his own expense and at his own risk.
If a product can no longer be repaired, it will be exchanged, or a credit note will be issued, at the maximum purchase price paid, and the purchase price will be reimbursed to the buyer.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents as follows:
- in the event of injury to life, body or health, - in case of intentional or grossly negligent breach of duty, - with guarantee promise, where agreed, or - where the scope of application of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time of conclusion of the contract, with the appearance of which has to be taken into account. Otherwise, claims for damages are excluded.
RESERVATION OF TITLE
The delivered goods shall remain the property of the seller until the purchase price has been paid in full. If the buyer is in default of payment or culpably fails to fulfil any other essential contractual obligations, the seller is entitled to reovocate from the contract and to demand the reserved goods or, if necessary, to require the assignment of the Buyer's claims for surrender against third parties.
JURISDICTION / APPLICABLE LAW
If you are an entrepreneur, the applicable law is the German law, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a trader registered under the German Commercial Code, a corporate body under public law or a special fund under public law, the exclusive legal venue for any dispute arising from this contract shall be our place of business.
CONSUMER INFORMATION DISPUTE SETTLEMENT
Dispute settlement, Art. 14 (1) ODR-regulation („OS-Platform“) The seller is obliged to notify consumers of the European Online Platform for the out-of-court settlement of disputes that arose between buyers and sellers, among others, from online purchase contracts. The European Online Dispute Resolution Platform can be reached at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Participation in Alternative Dispute Resolution („ADR“), § 36 VSBG (Consumer Dispute Settlement Act) on alternative dispute resolution in consumer matters The seller is neither willing nor obliged to participate in a dispute settlement processes before a body for settling consumer disputes (consumer arbitration board).