GTC & customer information

Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping terms

6. Retention of title

7. Liability for defects (guarantee)

8. Liability

9. Special conditions for the processing of goods according to specific customer requirements

10. Redemption of promotional vouchers

11. Redemption of gift vouchers

12. Applicable law

13. Place of jurisdiction

14. Code of conduct

15. Alternative dispute resolution

1.1 
These General Terms and Conditions of the company mofakult GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded by a consumer or a trader (hereinafter referred to as “Client”) with the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been agreed upon.

1.2
These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3
These Terms and Conditions shall apply accordingly to contracts for the delivery of tickets, unless otherwise expressly agreed. These Terms and Conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the execution of these events. The performance of the events shall be governed exclusively by the statutory provisions in the relationship between the participant and the organizer and, if applicable, by any deviating terms and conditions of the organizer. If the seller is not also the organizer, he shall not be liable for the proper performance of the event, for which the respective organizer is solely responsible.

1.4
A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.5 
An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

2.1
The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2
The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer of contract with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email or telephone.

2.3
The seller can accept the customer's offer within five days by

• sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the date of receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4
If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https ://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5
When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.6
Before the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7
Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8
The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order process is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.1
Consumers are generally entitled to a right of withdrawal.

3.2
Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

3.4
Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of the service. After that, a right of withdrawal is also excluded for contracts that involve the sale of tickets for time-bound leisure events.

4.1
Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2
Deliveries to countries outside the European Union may, in individual cases, incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3
The payment option(s) will be communicated to the customer in the seller's online store.

4.4
If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5
If a payment method offered via the “PayPal” payment service is selected, the payment will be processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller makes advance payments to the customer (e.g. purchase on account or payment by installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider contracted by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments with debt-discharging effect to PayPal or the payment service provider contracted by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.

4.6
If a payment method offered by the “mollie” payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: “mollie”). The individual payment methods offered by mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about “mollie” is available on the Internet at https://www.mollie.com/de/.

4.7
If a payment method offered via the “Adyen” payment service is selected, the payment will be processed by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: “Adyen”). The individual payment methods offered via Adyen are communicated to the customer in the seller's online shop. To process payments, Adyen may use the services of third-party payment service providers, to which special payment terms may apply, and the customer may be notified of these separately. Further information about “Adyen” is available on the Internet at https://www.adyen.help/hc/de.

4.8
If a payment method offered via the “Stripe” payment service is selected, payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, which may be subject to special payment terms that the customer will be made aware of separately. Further information about Stripe is available online at https://stripe.com/de.

4.9
If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will notify the customer of a corresponding payment restriction in the payment information in the online shop. The seller also reserves the right to carry out a credit check when the invoice purchase payment method is selected and to reject this payment method if the credit check is negative.

4.10
If the customer selects the purchase on invoice payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The payment method of purchase on account requires a successful credit check by Klarna AB. If, after a credit check, the customer is allowed to use the payment method of purchase on account, the payment is processed in collaboration with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only make payments with debt-discharging effect to Klarna AB. In addition, the General Terms and Conditions of Klarna AB, which the customer can access during the ordering process, apply. The seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.11
If the payment method “PayPal Invoice” is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal Invoice” in the event of a negative credit check. If the payment method “PayPal Invoice” is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment period. In this case, the customer can only make payments to PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
 

4.12
If you choose to pay by credit card, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect claims on its behalf. PAYONE GmbH collects the invoice amount from the customer's credit card account. The credit card is debited immediately after the customer has submitted his order in the online shop. Even if the customer selects the credit card payment method via PAYONE GmbH, the seller remains responsible for general customer queries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and sending of revocations or credit notes.

4.13
When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. Secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is debited immediately after the customer's order is sent in the online store. Even if the customer selects the secupay AG credit card payment method, the provider remains responsible for general customer inquiries, e.g. regarding returns, complaints, revocation declarations and submissions or credit notes.

4.14
When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

4.15
If you select a payment method offered by the payment service “Klarna”, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions can be viewed here: Payment & Shipping

5.1
If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2
For goods delivered by a forwarding agent, delivery is “free curbside”, i.e. to the nearest public curbside to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.

5.3
If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the regulation made in the seller's revocation instruction shall apply to the costs of the return shipment.
 

5.4
If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting in a consumer capacity, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer, or a person authorized to receive the goods, upon delivery. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.5
The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This applies only in the event that the Seller is not responsible for the non-delivery and the Seller has taken the necessary care to conclude a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.6
For logistical reasons, customers are not permitted to collect goods themselves.

5.7
Vouchers are provided to the customer as follows:

• by download
• by email
• by post

5.8 
Tickets are provided to the customer as follows:

• by email
• by post

6.1
The seller reserves the right to ownership of the delivered goods until the consumer has paid the full purchase price owed.

6.2
The seller reserves the right to ownership of the delivered goods until the business customer has settled all outstanding amounts from the current business relationship.

6.3
If the customer is acting as a business, it is entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1
If the customer is acting as a business,

• the seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not start again if a replacement delivery is made under the warranty for defects.

7.2
If the customer is acting as a consumer, the following shall apply to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this has been expressly and separately contractually agreed between the parties and the customer has been specifically informed of the reduction of the limitation period before making his contractual declaration.

7.3
The above limitations of liability and shortened deadlines do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.4
In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.5
If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty of examination and notification of defects applies in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.6
If the customer is acting in a consumer capacity, they are asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller of this. If the customer fails to do so, this will not affect their statutory or contractual claims for defects.

The seller shall be liable to the customer as follows for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses:

8.1
The seller shall be liable without limitation for any legal reason

• in the event of willful misconduct or gross negligence,
• in the event of willful or negligent injury to life, limb or health,
• due to a guarantee promise, unless otherwise regulated,
• due to mandatory liability, such as under the Product Liability Act.

8.2
If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfillment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3
Any further liability of the seller is excluded.

8.4
The above liability provisions also apply with regard to the seller's liability for his agents and legal representatives.

9.1
If, in accordance with the content of the contract, the seller is also responsible for processing the goods in accordance with certain customer specifications in addition to delivering the goods, the customer must provide the seller with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademark rights and personal rights.

9.2
The customer shall indemnify the seller against any third-party claims that may be asserted against the seller in connection with an infringement of their rights as a result of the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all the information necessary for the examination of the claims and a defense.

9.3
The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is contrary to public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10.1
Vouchers issued free of charge by the seller as part of a promotion and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online shop and only within the specified period.

10.2
Promotional vouchers can only be redeemed by consumers.

10.3
Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

10.4
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.5
Only one promotional voucher can be redeemed per order.

10.6
The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.7
If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.8
The balance of a promotional voucher will not be paid out in cash and does not bear interest.

10.9
The promotional voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10
The promotional voucher is transferable. The seller can provide the respective owner with a redeemable effect when the promotional voucher is redeemed in the seller's online shop. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

11.1
Vouchers that can be purchased through the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

11.2
Gift vouchers and remaining credit balances on gift vouchers can be redeemed up to the end of the third year following the year of purchase. Remaining credit balances shall be credited to the customer up to the expiry date.

11.3
Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4
Several gift vouchers can be redeemed for a single order.

11.5
Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.6
If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

11.7
The balance of a gift voucher will not be paid out in cash and does not bear interest.

11.8
The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware or is grossly negligently unaware of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

12.1
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.

12.2
Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

If the customer is a merchant, a legal entity under public law or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is entitled in any case to appeal to the court at the customer's place of business.

• The seller has agreed to the conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
• The seller has submitted to the guidelines for “Google Customer Reviews”, which can be viewed online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.
• The seller has subjected himself to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

15.1
The European Commission provides a platform for online dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr

This platform is a point of entry for out-of-court resolutions of disputes arising from online sales or service contracts in which a consumer is involved.

15.2
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.