Conditions and Terms of the Service
Contractual terms within the framework of sales contracts concluded via the platform www.MojeGroup.com in between:
72581 Dettingen an der Erms
Phone: +49 (0)7123 9581733
Fax: +49 (0)7123 9580575
Registered of the Townhall of Dettingen an der Erms
VAT identification no.: DE317340730
hereinafter referred to as “Moje” and the customer referred to in §2 of the contract as “customer“.
§1 Scope, definition of terms
1. The following general terms and conditions apply exclusively to the business relationship between Moje and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless Moje expressly agrees to their validity in writing.
2. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§2 Conclusion of contract
1. The customer can select goods from the Moje range, in particular items of clothing and/or goods, and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button. By clicking on the “Order with obligation to pay” button, he makes a binding offer to conclude a purchase contract for the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
2. Moje then sends the customer an automatic order confirmation by e-mail, in which the customer’s order is listed again. The automatic order confirmation only documents that the customer’s order has been received by Moje and does not represent acceptance of the application. The contract is only concluded with the delivery of the ordered goods. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
3. The final contract is in German.
§3 Delivery, availability of goods
1. Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account, provided that the payment method is accepted). If no or no different delivery time is specified for the respective goods in our online shop, it is usually 1-5 days.
2. If delivery of the goods ordered by the customer is not possible, for example because the goods in question are not in stock, Moje will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. Moje will inform the customer immediately and immediately refund any consideration already received.
3. If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. This does not affect the customer’s statutory right of withdrawal (see Section 9 of these contractual terms and conditions). Incidentally, in this case Moje is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
4. The following delivery restrictions apply: Moje only delivers to customers who have their habitual residence (billing address) in Germany or Austria and who can provide a delivery address in the same country.
§4 Retention of title
The delivered goods remain the property of Moje until full payment has been made.
§5 Prices and shipping costs
1. All prices stated on Moje’s website include the applicable statutory sales tax.
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer if the customer does not exercise his right of cancellation before Moje dispatches the goods.
Free shipping from order values of 89€
Otherwise the following shipping costs apply:
3. Germany €3.95, Austria €6.90, France, the Netherlands and Belgium €7.90 per order.
4. Returns are free from Germany and Austria.
§6 Payment modalities, promotional vouchers
1. The customer can pay by credit card, prepayment or by PayPal.
2. The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay Moje interest on arrears at a rate of 5 percentage points above the base interest rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
4. Promotional vouchers (vouchers that cannot be purchased by the customer but that Moje issues as part of advertising campaigns with a specific period of validity) are only for the website www.mojegroup.com and only valid for the specified period. Only one voucher can be used as part of an order process. The value of the goods in the order must at least correspond to the amount of the promotional voucher. A payout of the value of the promotional voucher or any remaining credit is not possible.
5. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined. If the total purchase price of the order is higher than the credit of the redeemed promotional voucher, the remaining amount can be settled by the customer using the payment options offered.
6. If the right of withdrawal is exercised, if the purchase contract is withdrawn or otherwise reversed, the promotional voucher will not be refunded in cash. Moje will send the customer a new promotional voucher that is still valid at the time the order is placed.
§7 Material defect warranty, guarantee
1. The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for consumers is 24 months. The warranty period for goods delivered by Moje for companies is 12 months.
2. There is only an additional guarantee for the goods delivered by Moje if this was expressly given in the order confirmation for the respective item.
1. Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Moje, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, Moje is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of Moje if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§9 Cancellation policy
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which Moje will provide information below in accordance with the statutory model.
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must inform us (MojeGroup (Einzelunternehmer) ,Emrah Tüzemen, Händelweg 6, 72581 Dettingen an der Erms, email@example.com , +49 (0)7123 9581733) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the cancellation form enclosed with your delivery, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
The goods should be sent to:
Händelweg 6, 72581 Dettingen an der Erms
The revocation must be sent by email to:
Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to MojeGroup (Einzelunternehmer, Emrah Tüzemen, Händelweg 6, 72581 Dettingen an der Erms, Germany. The deadline is met if you return the goods before the period of fourteen days has expired.
We bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Moje on all images, films and texts that appear on www.mojegroup.com be published, copyrights. Any use of the images, films and texts is not permitted without the written consent of Moje.
§11 Final Provisions
1. The law of the Federal Republic of Germany applies to contracts between Moje and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer is Moje’s registered office.
3. The seller is neither obliged to participate in a dispute settlement procedure before this consumer arbitration board due to specific regulations, nor does he voluntarily agree to do so.