General terms and conditions and customer information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Moelk GmbH) via the website www.moelk.com. Unless otherwise agreed, any inclusion of your own terms that you may use is hereby rejected.
(2) "Consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction."
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
As far as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
"If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop."
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
"In collaboration with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; 'Klarna'), we offer the following payment options. Payment is made to Klarna:"
For more information about Klarna and the Klarna Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
§ 4 Right of Retention, Retention of Title
(1) "You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship."
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You are still authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) There are statutory liability rights for defects.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed if you were informed of it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) Insofar as you are an entrepreneur, the warranty provisions set forth above shall apply differently:
a) Only our own specifications and the manufacturer's product description are considered as agreed upon regarding the nature of the goods, not any other advertising, public promotions, or statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you may choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages attributable to us caused by the violation of life, body, or health and in the case of intentionally or grossly negligently caused other damages;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in cases where items have been used in accordance with their usual purpose for a building and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with rights of defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) "The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is not known at the time the lawsuit is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected."
(3) "The provisions of the UN Sales Law do not explicitly apply."
II. Customer Information
1. Identity of the Seller
Moelk GmbH
Schleusenstraße 15-17
60327 Frankfurt
Germany
Phone: +4969 348677810
E-Mail: shop@moelk.co
Alternative Dispute Resolution:
'The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.'
"We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards."
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order through the online shopping cart system , the contract data can be printed or saved electronically using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .
5. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If the delivery takes place in countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you are responsible for.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated for the execution of the shipment.
If you are an entrepreneur, the delivery and shipment are at your own risk.
8. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
'These terms and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:' https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last update: 29.11.2023
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Moelk GmbH) via the website www.moelk.com. Unless otherwise agreed, any inclusion of your own terms that you may use is hereby rejected.
(2) "Consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction."
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
As far as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
"If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop."
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
"In collaboration with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; 'Klarna'), we offer the following payment options. Payment is made to Klarna:"
- Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Installment Purchase ("Financing"): You can find detailed information about the installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option "Pay in 3 Installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct Debit ("Pay Now")
- credit card
For more information about Klarna and the Klarna Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
§ 4 Right of Retention, Retention of Title
(1) "You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship."
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You are still authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) There are statutory liability rights for defects.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed if you were informed of it before we submitted the declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) Insofar as you are an entrepreneur, the warranty provisions set forth above shall apply differently:
a) Only our own specifications and the manufacturer's product description are considered as agreed upon regarding the nature of the goods, not any other advertising, public promotions, or statements made by the manufacturer.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you may choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages attributable to us caused by the violation of life, body, or health and in the case of intentionally or grossly negligently caused other damages;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in cases where items have been used in accordance with their usual purpose for a building and have caused its defects;
- in the case of statutory recourse claims that you have against us in connection with rights of defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
(2) "The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is not known at the time the lawsuit is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected."
(3) "The provisions of the UN Sales Law do not explicitly apply."
II. Customer Information
1. Identity of the Seller
Moelk GmbH
Schleusenstraße 15-17
60327 Frankfurt
Germany
Phone: +4969 348677810
E-Mail: shop@moelk.co
Alternative Dispute Resolution:
'The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.'
"We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards."
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order through the online shopping cart system , the contract data can be printed or saved electronically using the print function of the browser. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/
5. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If the delivery takes place in countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which you are responsible for.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated for the execution of the shipment.
If you are an entrepreneur, the delivery and shipment are at your own risk.
8. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
'These terms and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:' https://www.haendlerbund.de/
last update: 29.11.2023