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Terms and Conditions
§ 1 Scope, Customer Information
The following general terms and conditions (T&Cs) govern the contractual relationship between Moze GmbH Moze Shisha and the consumers and businesses who purchase goods through our shop. We do not accept any terms and conditions that conflict with or deviate from our own. The language of the contract is German.
§ 2 Formation of Contract
(1) The offers on the internet constitute a non-binding invitation for you to purchase goods.
(2) You may add one or more products to your cart. During the ordering process, you will enter your details and preferences regarding payment method, delivery options, etc. A binding offer to conclude a purchase contract is only made when you click the order button. You may also place a binding order by phone. The order confirmation sent immediately by email does not constitute acceptance of the 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. For telephone orders, the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, you are likewise no longer bound by it.
§ 3 Customer Information: Storage of Contract Text
Your order, including details of the concluded contract (e.g. type of product, price, etc.), will be stored by us. We will send you the T&Cs, and you can also access them at any time on our website after the contract has been concluded. 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 placing the order using the delete key. We will inform you of further correction options throughout 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 received.
§ 6 Statutory Warranty Rights and Limitation of the Limitation Period
(1) Statutory Warranty Rights
Statutory warranty rights apply to our goods.
(2) Reduction of the Limitation Period for Used Goods Sold to Consumers
It is agreed that the limitation period for warranty claims in respect of used goods shall be reduced to one year. Excluded from this agreement are claims for damages, claims arising from defects we have fraudulently concealed, and claims arising from any guarantee we may have given regarding the condition of the item. The statutory limitation periods apply to these excluded claims. Where a guarantee period is in place, the longer period applies in favour of the guarantee holder.
(3) Limitation of Warranty Rights for Business Customers
Your warranty claims for defects in the purchased item are subject to a limitation period of one year from the transfer of risk. The following claims are excluded from this provision:
- claims for damages
- claims arising from defects we have fraudulently concealed
- claims arising from any guarantee that may be in place
- recourse claims under §§ 445a, 478 BGB
- claims for defects in building materials and components that have been used in accordance with their normal purpose in a structure and have caused the structure to be defective.
The statutory limitation periods apply to these excluded claims. Where a guarantee period is in place, the longer period applies in favour of the buyer.
§ 7 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided these do not relate to obligations essential to the contract, damage 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 our legal representatives. Obligations essential to the contract include in particular the duty to hand over the item to you and transfer ownership of it. Furthermore, we are obliged to provide the item free of material and legal defects.
§ 8 Place of Jurisdiction for Commercial Disputes
The exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business, if you are a merchant.
For more information about our products, visit the Shisha Tobacco, Shisha, Vapes, Shisha Charcoal, and Shisha Accessories sections.