Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the provider (Mehdi und Moutamassik GbR) via the website casa-moro.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “entrepreneur” is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goodsat .

(2) By listing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the terms specified in the product description. 

(3)The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button(or similar label)and entering your personal information as well as the payment and shipping terms, the order details will be displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order summary once more, make changes (including via the "back" function of your web browser), or cancel the order.

By submitting the order via the corresponding button (“Place order with obligation to pay,” “Buy” / “Buy now,” “Order with obligation to pay,” “Pay” / “Pay now,” or similar designation), you legally and bindingly accept the offer, thereby concluding the contract.
 

(4) Your requests for a quote are non-binding. We will submit a binding offer to you in writing (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.

§ 3 Special Agreements Regarding Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

  • Direct Debit (“Pay Now”)
  • Credit Card ( "Pay Now")
  • Instant Bank Transfer (“Pay Now”)

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Accordingly, we forward your data to Klarna during the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information about Klarna and the Klarna Terms of Use for Germany, please visithttps://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/userandhttps://www.klarna.com/de/.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3)If you are a business, the following applies in addition:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.

b) You may 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 total arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights regarding liability for defects apply.

(2)As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall have no effect on your statutory warranty claims.

(3)To the extent that a characteristic of the goods deviates from objective requirements, such deviation shall be deemed agreed upon only if we have informed you of it prior to your submission of the contractual declaration and the deviation has been expressly and separately agreed upon between the contracting parties.

(4) If you are a business, the following provisions apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description are deemed agreed uponasthe quality of the goods; however, other advertising, public promotions, and statements by the manufacturer are not.

b)  In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) Thewarranty period is one year from delivery of the goods. The shortened warranty period does not apply:

- to damages attributable to us resulting from injury to life, limb, or health, or to other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their customary use for a structure and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of Law

(1)German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer’s country of habitual residence (principle of favorability).

(2)The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.




II. Customer Information

1. Identity of the Seller

Mehdi und Moutamassik GbR
Isolastraße 2
52353 Düren
Germany
Phone: +49 2421 394 85 85
Email: shop@casa-moro.eu


We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions on "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system,the contract data can be printed using the browser’s print function or saved electronically. Once we have received your order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries regarding offers outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g., via email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have committed to the Käufersiegel quality criteria of Händlerbund Management AG, available at:https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services are specified in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which are to be borne by you. 

6.4.Any costs incurred for money transfers(bank transfer or exchange rate fees charged by financial institutions)are your responsibility in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery Terms

7.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the merchant or any other person designated to carry out the shipment.

If you are a business, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These Terms and Conditions and customer information were drafted by the Händlerbund’s lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.