Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Magic Moon Tattooing GmbH) via the magic-moon-shop.com website. Unless otherwise agreed, the inclusion of any terms and conditions you may use will be objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By posting the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart. You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time.
After accessing the "Checkout" page and entering personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant number system, select the appropriate selection or. Enter your details Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the option of checking all information again, changing it (also using the „back" function of the Internet browser) or canceling the purchase.
By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, which means that the contract is concluded.
(4) Your inquiries about creating an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims 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 also applies:
a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full, and pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale and we will accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, 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 claim to be secured by more than 10. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) Statutory liability rights for defects exist.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as quickly as possible. If you do not comply with this, this will affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies differently from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the nature of the item, but not other advertising, public praise and statements from the manufacturer.
b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the elimination of the defect fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless otherwise stated, in particular, in the nature of the item or the defect or the other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the deadline does not apply:
- culpably caused damage resulting from injury to life, body or health and other damage caused intentionally or through gross negligence that is attributable to us;
- to the extent that we have fraudulently concealed the defect or provided a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual method of use and have caused its defect;
- for legal recourse claims that you have against us in connection with defect rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies if it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and 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 place of residence or habitual residence is not known at the time the action is filed. This does not affect the authority to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the United Nations Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Magic Moon Tattooing GmbH
Amsterdamer Allee 2
41812 Erkelenz
Germany
Telephone: 02431-947190
Email: info@magic-moon-shop.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at ec.europa.eu/consumers/odr.
We are not prepared to take part in dispute resolution proceedings before consumer arbitration boards.
2. Information about how the contract came about
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Constitution of the contract" regulations of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. 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 by email.
3.3. If you request offers outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, for example by email, which you can print out or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices, they include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you additionally unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transmission fees (transfer or exchange rate fees from credit institutions), which you must bear.
5.4. Any costs incurred in the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU Member State but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping is at your risk.
7. Legal liability law for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the dealers' association's lawyers who specialize in IT law and are constantly checked for legal compliance. Handelbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.