Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) Die nachstehenden Geschäftsbedingungen gelten für alle Verträge, die Sie mit uns als Anbieter (Moon and Magic, Matthias Alfa) über die Internetseite www.moonandmagic.de schließen. Soweit nicht anders vereinbart, wird der Einbeziehung gegebenenfalls von Ihnen verwendeter eigener Bedingungen widersprochen.
(2) (Moon and Magic, Matthias Alfa) on the website www.moonandmagic.de. The following terms and conditions apply. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase. By submitting the order via the button "buy" you make a binding offer from us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (for example e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in text form (for example by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Right of retentionRetention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our customer information (Part II).
(3) If material contractual obligations are affected, our liability for slight negligence is limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) With the injury of insignificant contractual obligations, the liability for slightly negligent breaches of duty is excluded.
(5) The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
§ 6 protection of minors
(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legal minimum age.
Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you assure that you have reached the statutory minimum age and that your details regarding your name and address are correct. You are required to ensure that only you or any person authorized by you to receive the delivery and who has reached the legal minimum age, will receive the goods.
(3) Insofar as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the statutory minimum age and, in case of doubt, receive the identity card of the goods person to be shown for age control.
(4) Insofar as we show beyond the statutory minimum age in the respective item description that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 shall apply, provided that instead of the statutory minimum age of majority must be present.
§ 7 Individually designed goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
(4) Insofar as we create texts, pictures, graphics and designs for you in the context of individual design, they are subject to copyright.
Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted.
Unless otherwise agreed, we transfer to you an unlimited right of use for the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to any third party privately or commercially.
The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
II. Customer information
1. Identity of the seller
Moon And Magic
represented by Matthias Alfa
Kieler Straße 4
FON.: +49 159 024 491 26
Fax: +49 322 241 267 39
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by e-mail, which you can print or electronically secure.
4. Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, payment claims under the contract are due for immediate payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the contractor or any other person designated to carry out the shipment.
7. Legal Liability Right
7.1. There are statutory warranty rights.
7.2. As a consumer, you will be asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
last updated: 01.10.2018