Terms of Service

Terms and Conditions

for the online shop at the URL

https://molove.com

operated by

MoLove GmbH
Bessemerstr. 82
10th Floor South
12103 Berlin
Email: info@molove.com
Phone Number: 030 509308270

- hereinafter referred to as the Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply after their inclusion for all contracts concluded via the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop at the aforementioned URL in their version valid at the time of contract conclusion. These GTC apply exclusively. Deviating GTC of the customer will not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop represent a non-binding invitation by the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.

2.2 The order of goods is carried out via the provider's online order form. After selecting the desired goods, entering all requested mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in written or text form (e.g., by email) (order confirmation) and this order confirmation reaches the customer, or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and this payment request reaches the customer; the decisive factor for the time of contract conclusion is the point in time when one of the alternatives mentioned in the first half-sentence first occurs.

2.3 Before the final submission of the order via the provider's online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch, or other available input functions. Furthermore, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The provider will save the text of the contract after the conclusion of the contract and send it to the customer in text form (e.g., by email). There is no further provision of the contract text by the provider beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English

3. Right of Withdrawal for Consumers

Consumers are fundamentally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activity. Details can be found in the withdrawal instructions provided to each consumer at the latest immediately before the conclusion of the contract.

4. Payment, Delay

4.1 The prices listed at the time of the order in the online shop apply. All prices include statutory value-added tax (VAT) and, if applicable, any listed shipping costs. The customer is informed about the available payment options in the provider's online shop.

4.2 If payment by credit or debit card is agreed, the purchase price becomes due immediately upon conclusion of the contract.

4.3 If payment via "PayPal" is agreed upon, the purchase price becomes due immediately after the conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 If "Immediate Transfer" is agreed, the purchase price becomes due immediately after contract conclusion. Payment processing is carried out via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

5. Reservation of Title

The purchased goods remain the property of the provider until the purchase price is paid in full.

6. Delivery and Reservation of Self-Delivery

6.1 Subject to different agreements, delivery is made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 If the provider is unable to deliver the ordered goods because it was not supplied itself through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in time, the provider is released from its obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of performance. Any counter-performances already made by the contractual partner will be refunded immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability

8.1 The provider is liable without limitation:

  • for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
  • for damages resulting from an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
  • due to a guarantee promise, unless otherwise stipulated;
  • due to mandatory liability (e.g., under the Product Liability Act).

8.2 If the provider negligently breaches an essential contractual obligation, its liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited according to the above paragraph. Essential contractual obligations are obligations imposed on the provider by the contract to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.

8.3 Otherwise, the liability of the provider and the liability of its vicarious agents and legal representatives are excluded.

9. Data Protection

The provider treats the personal data of its customers confidentially and in accordance with the legal data protection regulations. For more details, please refer to the provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory legal provisions of the law of his country of residence.

10.2 If the customer is a merchant, legal entity of public law, or a public special fund, the court at the provider's seat shall have jurisdiction, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The seat of our company can be found in the heading of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.