General Terms and Conditions
We confirm your order subject to the exclusive application of our general terms and conditions.
§ 1 Application
These terms and conditions shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing. This also applies in case we perform our services or deliver our products despite our knowledge of differing or contrary terms.
§ 2 Offer, Acceptance, Conclusion of Agreement
(1) Unless specified otherwise you may order all of our products and services through the website: www.moisnuut.com.
(2) All product and service offers therein are without obligation and no offers in a legal sense. If you have made your choice, placed the selected products or services into the basket, and have sent your order by clicking the button “Binding Order” you have placed a legally binding offer to the conclusion of an agreement regarding the products or services that you have ordered. Prior to sending you may always remove or add products to your basket. Upon our order confirmation or any subsequent delivery a legally binding sale or purchase agreement shall have been concluded.
§ 3 Personal Information
Through sending your order and your registration to us, you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.
§ 4 Prices
All prices indicated in our Online Shop are end consumer prices including statutory VAT and in case of product purchases exclusive of costs for packaging and delivery.
§ 5 Payments
(1) All payments are due immediately upon conclusion of the sales or service agreement and may be effected via Credit Card, PayPal or SEPA Standard Direct Debit.
(2) In case of overdue payments we may charge default interest of 5% above the base rate (§ 247 German Civil Code) with regards to end consumers and 9% above the base rate with regards to commercial and self-employed businesses. We reserve the right to prove that a significantly higher loss has been caused.
§ 6 Disclaimer
Notwithstanding applicable provisions of law, our liability to compensation of losses is subject to the following disclaimers and qualifications:
(1) We shall be liable for wilful misconduct or gross negligence. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is an essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called “key obligations”). Apart therefrom, we do not assume any liability for losses of any kind, irrespective of the legal basis therefore which shall also include pre-contractual liability.
(2) If we shall be liable for simple negligence according to subsection 1 above, our liability shall be limited to losses the occurrence of which we could have reasonably foreseen based on the situation known to us upon conclusion of this Agreement.
(3) The above liability provisions do not apply if we have issued a guarantee for the characteristics of a product or service or for damages that are to be compensated pursuant to the Product Liability Act or for losses/damages regarding life, physical integrity or health or for remedies based on applicable laws.
(4) The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.
(5) We disclaim any liability for delayed provision or non-provision of our services if it is due to circumstances beyond our control (Force Majeure). This applies particularly to failure of electronic or mechanical communication features, third party intervention, network problems, fire, extreme weather conditions including flooding or directives from public authorities.
§ 7 Data Protection
We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws when processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored. You consent that communication regarding the Agreement may be done electronically.
§ 8 Language of Agreement, Storage of Order Text
The conclusion of this agreement is made in English. The order text will not be stored and may not be retrieved after completion of the ordering process. However, you may print out your ordering data directly after sending of the order.
§ 9 Alternative Dispute Resolution
We do not participate in any alternative dispute resolution schemes with a consumer arbitration panel and are not required to do so.
§ 10 Applicable Law
(1) These terms and conditions and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the international Sale of Goods (CISG) and the provisions of German Private International Law.
(2) Mandatory consumer protection rules of the law of customer‘s habitual residence remain applicable.
§ 11 Jurisdiction
(1) Place of Performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement with a registered merchant shall be Simbach, Germany.
(2) The exclusive place of jurisdiction also applies for all disputes with a consumer arising out of or in connection with this Agreement, if the consumer has no general jurisdiction in Germany.
§ 12 Severability clause
In the case of the ineffectiveness of individual provisions, the remaining provisions remain fully effective.
Data Protection Statement
All data processing procedures (e.g. collection, processing, and transfer) are carried out by us in accordance with applicable laws. Your data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by us for marketing purposes only. We can further assure you that your address data will not be disseminated to third parties for marketing purposes.
Notice: You may always object to the use, the processing and the transfer of your personal data for marketing purpose through informal notice sent by regular mail to Moisnuut, Dr. med Maike Gwinner, Maximilianstrasse 6, 84359 Simbach am Inn or Email to: firstname.lastname@example.org. This shall certainly not apply to to data necessary to processing your order. Upon receipt of your objection we will no longer use, process, and transfer the relevant data for any purpose other than processing your order. We will then cease to send to you our catalogues and other marketing material.