General Terms and Conditions (GTC)

1. Scope

The following terms and conditions apply to all orders placed by consumers and businesses through our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

The following applies to businesses: If the business uses conflicting or supplementary general terms and conditions, we hereby object to their validity; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Formation of Contract, Correction Options

The purchase contract is concluded with Moogoo Creative Africa.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You may 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 tools provided and explained during the order process. By clicking the order button, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order is submitted.

When the contract with us is formed depends on the payment method you have selected:

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.

Advance payment We accept your order by sending a declaration of acceptance in a separate email within two days, in which we provide you with 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 By placing the order, you grant Klarna, the online provider, a direct debit mandate. Klarna will collect the invoice amount from your bank account. Klarna will inform you of the date of the account debit within two days of receiving your order with us (so-called pre-notification). This is how the contract with us is formed.

PayPal During the order 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 the order is submitted in the shop, we ask PayPal to initiate the payment transaction, thereby accepting your offer.

Cash payment on pickup We accept your order by sending a declaration of acceptance in a separate email within two days.

3. Contract Language, Storage of Contract Text

Language(s) available for concluding the contract: German, French

We store the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in your customer account login.

4. Delivery Terms

In addition to the stated product prices, shipping costs apply. Further details on shipping costs can be found with the respective offers.

You generally have the option of picking up your order at Moogoo Creative Africa, Gwinnerstr. 42-46, Halle 408, 60388 Frankfurt am Main, Germany, during the following business hours: By appointment only (by email or phone).

We do not deliver to parcel lockers.

5. Payment

The following payment methods are generally available in our shop:

Advance payment If you choose advance payment, we will send you our bank details in a separate email and deliver the goods upon receipt of payment.

Klarna PayNow Credit Card By placing the order, you provide your credit card details. After you have been verified as the legitimate cardholder, the payment transaction will be carried out automatically immediately after the goods are shipped, and your card will be charged.

Klarna PayNow Direct Debit After a successful address and creditworthiness check as part of the order process, by placing the order you grant Klarna, the online provider, a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called pre-notification). Upon submission of the direct debit mandate, Klarna will ask 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 shipped. In addition to our terms and conditions, Klarna's terms and conditions and privacy policy apply to payment processing via Klarna. Further information is available during the order process.

PayPal During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there, or register first, verify yourself using your login details, and confirm the payment instruction to us. After the order is submitted in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is then carried out automatically by PayPal immediately thereafter. Further information is available during the ordering process.

Purchase on Account via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case. When purchasing on account with Klarna, you always receive the goods first and 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).

Invoice You pay the invoice amount by bank transfer to our account after receiving the goods and the invoice. We reserve the right to offer purchase on account only after a successful creditworthiness check.

Cash payment on pickup You pay the invoice amount in cash upon pickup.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal instructions. No voluntary right of withdrawal is granted to businesses.

7. Retention of Title

The goods remain our property until paid for in full.

The following additionally applies to businesses: We reserve title to the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale — regardless of whether the goods subject to retention of title have been 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; however, we may also collect claims ourselves if you fail to meet your payment obligations.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

For the purchase of used goods by consumers, 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 of delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods.

For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Vis-à-vis businesses, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract shall be deemed an agreement on the condition of the goods; we assume no liability for public statements by the manufacturer or other advertising claims.

If the delivered item is defective, we shall, at our discretion, first provide warranty to businesses by remedying the defect (repair) or by delivering a defect-free item (replacement).

The above limitations and shortened time periods do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents:

• in the event of injury to life, limb, or health
• in the event of intentional or grossly negligent breach of duty, or fraud
• in the event of breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose observance the contracting partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, where agreed, or
• to the extent the scope of the Product Liability Act applies.

Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints, and claims on weekdays by email at info@moogoo.de.

9. Liability

For claims based on damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation:

• in the event of injury to life, limb, or health
• in the event of intentional or grossly negligent breach of duty
• for guarantee promises, where agreed, or
• to the extent the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose observance the contracting partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, liability is limited in amount to the foreseeable damage typical for this type of contract that could reasonably be expected to occur at the time the contract was concluded.

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 willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

11. Final Provisions

If you are a business, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

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 us and you shall be our place of business.