Terms and Conditions

§ 1 Scope, Customer Information

The following General Terms and Conditions (GTC) govern the contractual relationship between Moze GmbH Moze Shisha and consumers and entrepreneurs who purchase goods through our shop. Conflicting or deviating terms and conditions are not recognized by us. The contractual language is German.

§ 2 Conclusion of Contract

(1) The offers on the internet represent a non-binding invitation for you to purchase goods.

(2) You can 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 can also place a binding order by phone. The immediate confirmation of receipt of your order by email does not yet constitute acceptance of the purchase offer.

(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by email. After the expiry of the period mentioned in sentence 1 without acceptance, your offer is deemed rejected, i.e., you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are also no longer bound by it.

§ 3 Customer Information: Storage of the Contract Text

Your order with details of the concluded contract (e.g., type of product, price, etc.) is stored by us. We will send you the GTC, but you can also access the GTC at any time after the conclusion of the contract via our website. As a registered customer, you can access your past orders via 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 using the delete key. We will inform you about further correction options during the ordering process. You can also terminate 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 Warranty Rights and Reduction of the Limitation Period

(1) Statutory Warranty Rights
For our goods, statutory warranty rights apply.

(2) Reduction of the Limitation Period for Used Goods for Consumers
It is agreed to reduce the limitation period for warranty claims for used goods to one year. Excluded from this agreement are claims for damages, claims for defects that we have fraudulently concealed, and claims under a guarantee that we may have assumed for the quality of the item. For these excluded claims, the statutory limitation periods apply. In the case of a guarantee period, the longer period applies in favor of the guarantee holder.

(3) Limitation of Warranty Rights (Guarantee) for Entrepreneurs
Your warranty claims for defects in the purchased item expire one year after the transfer of risk. Excluded from this rule are the following claims

- for damages
- for defects fraudulently concealed
- under a guarantee, if any
- for recourse under §§ 445a, 478 BGB
- for defects in building materials and components that have been used for a structure in accordance with their customary use and have caused its defectiveness.

For these excluded claims, the statutory limitation periods apply. In the case of a 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 that these do not concern essential contractual obligations, damages resulting from injury to life, body, or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to deliver the item to you and to transfer ownership to you. Furthermore, we are obliged to provide you with the item free from material and legal defects.

§ 8 Place of Jurisdiction

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