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Terms and Conditions (T&Cs)

§ 1 Scope, Customer Information

The following Terms and Conditions govern the contractual relationship between Moze GmbH Moze Shisha and consumers and businesses who purchase goods through our shop. We do not recognize any terms and conditions that conflict with or deviate from our Terms and Conditions. The contract language is German.

§ 2 Conclusion of Contract

(1) The offers presented on the internet constitute a non-binding invitation to purchase goods.

(2) You may place one or more products in the shopping cart. During the ordering process, you enter your data and preferences regarding payment method, delivery options, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. You may also place a binding order by telephone. The confirmation of receipt sent immediately by email does not yet constitute acceptance of your purchase offer.

(3) We are entitled to accept your offer within 2 business days by sending an order confirmation by email. If this period expires without acceptance, your offer is deemed rejected, meaning you are no longer bound by it. In the case of a telephone order, the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it either.

§ 3 Customer Information: Storage of the Contract Text

We store your order with details of the concluded contract (e.g. type of product, price, etc.). We will send you the Terms and Conditions, and you can also access them at any time after the contract is concluded via our website. As a registered customer, you can access your past orders through the customer login area (https://mozeshisha.de/account/abort).

§ 4 Customer Information: Correction Notice

You can correct your entries at any time before submitting the order by using the delete key. We provide information on further correction options during the ordering process. You can also end the ordering process at any time by closing the browser window.

§ 5 Retention of Title

The purchased item remains our property until full payment has been made.

§ 6 Rights in Case of Defects and Shortening of the Limitation Period

(1) Statutory Rights in Case of Defects

Statutory rights in case of defects apply to our goods.

(2) Shortening of the Limitation Period for Used Goods Towards Consumers

It is agreed that the limitation period for claims based on defects in used goods is reduced to one year. Excluded from this agreement are claims for damages, claims based on defects that we have fraudulently concealed, and claims arising from a guarantee that we may have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply. If a guarantee period exists, the longer period applies in favor of the guarantee recipient.

(3) Restriction of Warranty Rights Towards Businesses

Your warranty claims based on defects of the purchased item become time-barred one year after the transfer of risk. Excluded from this rule are the following claims:

  • claims for damages
  • claims based on fraudulently concealed defects
  • claims arising from a guarantee, if applicable
  • recourse claims pursuant to §§ 445a, 478 BGB
  • claims based on defects in building materials and components that were used for a structure in accordance with their usual purpose and caused the defectiveness of the structure.

For these excluded claims, the statutory limitation periods apply. In the event of an applicable guarantee period, the longer period applies in favor of the buyer.

§ 7 Limitation of Liability

We exclude liability for slightly negligent breaches of duty, provided these do not concern essential contractual obligations, damages resulting from injury to life, body or health, guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to transfer ownership. Furthermore, we are obliged to provide the item free of material and legal defects.

§ 8 Place of Jurisdiction for Merchants

The exclusive place of jurisdiction for all disputes arising from this contract is our registered office, if you are a merchant.

Further information about our products can be found in the sections Shisha Tobacco, Shisha, Vapes, Shisha Charcoal, and Shisha Accessories.

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