§ 1 General, area of application
(1) The following general terms and conditions rule the contractual relationship between Moor and More AG and the consumers and enterprises that use the internet offer of Moor and More AG (in the following named “purchaser”). The terms apply to the use of the website www.moorandmore.com
as well as to all sub domains belonging to this domain. Applicable is the version being relevant at the moment of the contract conclusion.
(2) Consumers in terms of these business conditions are individuals who enter into business relations with Moor and More AG for a purpose that cannot be attributed neither to their commercial nor to their self-employed business.
Traders in terms of these business conditions are individual and juristic persons or incorporated partnerships who enter into business relations with Moor and More AG in exercise of their industrial or self-employed business.
§ 2 Contract conclusion
(1) The offers of Moor and More AG in the internet represent a non-binding invitation to the purchaser to order goods at Moor and More AG.
(2) By ordering the desired object of purchase in the internet the purchaser submits a binding offer for concluding a contract of purchase.
(3) Moor and More AG are entitled to accept this offer within 1 day by means of sending an order confirmation. The order confirmation will be transferred via e-mail. After expiration of the deadline mentioned in the preceding sentence (1 day) the offer shall be deemed to be rejected.
§ 3 Payment, date of maturity, delay of payment
(1) Payment is effected via payment in advance and cash on delivery. Cash on delivery is only possible with shipment within Germany. We reserve the right to accept or exclude particular methods of payment in individual cases.
(2) With payment in advance the purchaser commits to pay the purchase price immediately when the contract is concluded. With cash on delivery the purchaser commits to pay the purchase price when the goods are delivered. With purchase on account the purchaser commits to settle the account within 14 days after receipt of the goods. With payment via bank collection the withdrawal will be carried out within one week after conclusion of contract. Regarding payment via bank card the withdrawal will be carried out after shipment of the goods.
(3) In case of the purchaser defaulting he is responsible for any meanwhile occurring negligence. He is also liable for any contingency, unless the damage might also have occurred with delivery in due time.
(4) The purchase price is interest-bearing over the default of payment. The rate of interest for default amounts to 5 % per year above the basic interest rate. Regarding legal transactions in which a consumer is not involved the interest rate amounts to 8 % above the basic interest rate.
(5) The enforcement of a further damage is not excluded.
§ 4 Delivery
(1) Delivery will be carried out by shipping the object of purchase to the address notified by the purchaser. Time for delivery is approx. 1-2 working days after receipt of payment as far as payment in advance has been agreed upon. Otherwise the time for delivery is approx. 1-2 working days after having sent the order confirmation.
(2) Delivery will be executed according to the stipulated costs for shipping and handling. Regarding foreign shipments the costs for packing and shipping will be calculated individually according to weight, if nothing else is stipulated. In case of the purchaser demanding a special kind of delivery with higher costs he also has to bear these additional costs.
(3) If the purchaser acquires the object of purchase for his commercial or professional business the risk of an accidental perishing and an incidental deterioration of the object of purchase subrogates to the purchaser as soon as Moor and More AG has surrendered the object of purchase to the forwarding agent, the carrier or any other person or institution destined for the execution of the shipping.
§ 5 Reservation of proprietary rights
The object of purchases remains property of Moor and More AG until full payment has been effected. Before transfer of property a pledge, chattel mortgage, processing or remodeling is not permissible unless specifically authorized by Moor and More AG.
§ 6 Prices
The price for the object of purchase stated in the corresponding quote is a gross price incl. eventually arising VAT (value added tax) and further price components. Shipping costs are not included.
§ 7 Withdrawal
(1) Moor and More AG is entitled to withdraw from the contract in terms of a still open part of the delivery or service when the purchaser has given false information regarding his credit worthiness; or when objective reasons regarding the insolvency of the purchaser have arisen, e. g. an order of the court to institute bankruptcy proceedings concerning the assets of the purchaser or the dismissal of such a proceeding for want of cost-covering assets. Before the withdrawal the purchaser has the possibility to make a down payment or to provide a qualified security.
(2) Without prejudice to possible claims for damages the items of work that are already performed have to be cleared and paid according to contract in case of a partial withdrawal.
§ 8 Warranty
(1) Warranty towards purchasers
a) Moor and More AG guarantee that the object of purchase is free from defects upon hand-over. If a material defect arises within 6 months since the hand-over of the object of purchase, it is assumed that this item has already been defect upon hand-over, unless this assumption is inconsistent with the type of object of purchase or with the defect. If the material defect arises not until expiry of six months the purchaser has to prove that the material defect already was existent upon hand-over of the object of purchase.
b) If the object of purchase is free from defects upon hand-over the purchaser has the option of supplementary performance via amendment or via replacement delivery. Moor and More AG are entitled to refuse the chosen supplementary performance if it would only be possible with disproportional costs or if the alternate supplementary performance would be without considerable disadvantages for the purchaser.
c) If the supplementary performance fails the purchaser can principally chose between price reduction (deduction) and rescission of the sale (withdrawal) or he can claim damages. With regard to minor defects the purchaser has no right to withdraw from the contract.
(2) Warranty towards traders
a) If the purchase is a commercial transaction for Moor and More AG and for the purchaser, the purchaser has to inspect the delivered goods immediately regarding variations in quality and quantity and to notify in writing Moor and More AG about the visible defects within the period of one week from detection; otherwise the enforcement of the warranty claim is impossible. Hidden defects have to be notified in writing to Moor and More AG within the period of one week from detection. To meet the deadline a posting in time is sufficient. In this case the purchaser is responsible for the full burden of proof regarding all conditions of entitlement,
b) In case of defects Moor and More AG decide the mode of warranty – either via amendment or via replacement delivery.
(3) The purchaser’s conditions of entitlement because of defects are barred after two years.
(4) If Moor and More AG deliver an object of purchase free of defects for supplementary performance, Moor and More AG can demand return of the defective object of purchase.
(5) Defects brought about through faulty steps of the purchaser or through actions contrary to contract with regard to assembly, connection, handling or storage do not constitute a claim against Moor and More AG.
§ 9 Limitation of liability
(1) Moor and More AG is liable only for damages arising out of death, injury to body or health insofar as these damages are caused deliberately or due to gross negligence; or if they are based on negligence of an essential contractual obligation through Moor and More AG or their vicarious agents. The obligation whose performance actually enables the proper fulfillment of the contract and in whose adherence the purchaser can constantly trust is an essential contractual obligation.
A liability regarding compensation for damages in excess thereof is excluded. Claims subject to a guarantee for the quality of the object of purchase, granted by Moor and More AG, and according to the Product Liability Law shall remain unaffected.
(2) Referring to the actual state of the technology the data communication via internet cannot be granted as faultless and/or with access at any time. We therefore are not liable for the availability of our internet shop at any time.
§ 10 Choice of law, Court of jurisdiction
(1) All disputes arising from this legal relationship are subject to German Law. Regarding purchasers this choice of law is only valid insofar as the granted protection is not withdrawn because of mandatory legal regulations of the State in which the purchaser generally lives.
The validity of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) In case of the purchaser being a trader, corporate body under public law or special fund under public law the exclusive court of jurisdiction for all disputes arising from this contract is the place of business location of Moor and More AG. The same is valid if the purchaser has no general court of jurisdiction in Germany or if the domicile or habitual residence is unknown at the time of bringing a suit.
§ 11 Severability clause
In case of a stipulation of this general terms and conditions being or becoming unenforceable all other terms and conditions remain unaffected, unless one of the contracting party would be unacceptably disadvantaged through the omission of individual clauses, so that it would be impossible to expect from the party to adhere to the contract.
End of the General Terms and Conditions