Terms and Conditions (GTC)
1. SCOPE
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur 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.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Moogoo Creative Africa.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you choose:
Invoice, invoice via Klarna
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we will give you our bank details.
Credit card via Klarna
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Klarna PayNow direct debit
When you place your order, you give the online provider Klarna a direct debit mandate. Klarna will debit the invoice amount from your bank account. Klarna will inform you of the date of the debit within two days of us receiving your order (so-called prenotification). This will conclude the contract with us.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
Cash on pickup
We will accept your order by sending a declaration of acceptance in a separate email within two days.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, French
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. DELIVERY CONDITIONS
In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers.
You generally have the option of picking up your order from Moogoo Creative Africa, Gwinnerstr. 42-46, Halle 408, 60388 Frankfurt am Main, Germany during the following business hours: By appointment only (by email or telephone)
We do not deliver to packing stations.
5. PAYMENT
In our shop you can generally use the following payment methods:
Payment in advance
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Klarna PayNow credit card
When you place your order, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been dispatched.
Klarna PayNow direct debit
After a successful address and credit check as part of the ordering process, you give the online provider Klarna a SEPA direct debit mandate when you place your order. Klarna will inform you of the date on which your account will be debited (so-called prenotification). When you submit the direct debit mandate, Klarna asks your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited after the goods have been dispatched. In addition to our general terms and conditions, Klarna's general terms and conditions and privacy policy apply to payment processing via Klarna. You will receive further information during the ordering process.
PayPal
During the ordering 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 register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].
The invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. RIGHT OF WITHDRAWAL
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. RESERVATION OF TITLE
The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code remain unaffected.
In dealings with businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections on working days by email at info@moogoo.de
9. LIABILITY
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
11. FINAL PROVISIONS
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur 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.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Moogoo Creative Africa.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you choose:
Invoice, invoice via Klarna
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we will give you our bank details.
Credit card via Klarna
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Klarna PayNow direct debit
When you place your order, you give the online provider Klarna a direct debit mandate. Klarna will debit the invoice amount from your bank account. Klarna will inform you of the date of the debit within two days of us receiving your order (so-called prenotification). This will conclude the contract with us.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept your offer.
Cash on pickup
We will accept your order by sending a declaration of acceptance in a separate email within two days.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, French
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. DELIVERY CONDITIONS
In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers.
You generally have the option of picking up your order from Moogoo Creative Africa, Gwinnerstr. 42-46, Halle 408, 60388 Frankfurt am Main, Germany during the following business hours: By appointment only (by email or telephone)
We do not deliver to packing stations.
5. PAYMENT
In our shop you can generally use the following payment methods:
Payment in advance
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Klarna PayNow credit card
When you place your order, you provide your credit card details. Once you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been dispatched.
Klarna PayNow direct debit
After a successful address and credit check as part of the ordering process, you give the online provider Klarna a SEPA direct debit mandate when you place your order. Klarna will inform you of the date on which your account will be debited (so-called prenotification). When you submit the direct debit mandate, Klarna asks your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited after the goods have been dispatched. In addition to our general terms and conditions, Klarna's general terms and conditions and privacy policy apply to payment processing via Klarna. You will receive further information during the ordering process.
PayPal
During the ordering 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 register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].
The invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. RIGHT OF WITHDRAWAL
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. RESERVATION OF TITLE
The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code remain unaffected.
In dealings with businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections on working days by email at info@moogoo.de
9. LIABILITY
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
11. FINAL PROVISIONS
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.