General Terms and Conditions for momox-books.com

in the version from 27.09.2023

I. Scope

1. Our deliveries and services to our customers based on orders placed in our Internet store www.medimops.de (hereinafter referred to as the "Internet Shop") are provided exclusively on the basis of these General Terms and Conditions in their current version. They become part of the contract at the time of the order.
2. These General Terms and Conditions apply to the sale and delivery of used and new books, CD, DVD, software and computer games (hereinafter "Goods").
3. These General Terms and Conditions apply only to consumers pursuant to § 13 BGB (German Code Civil).
4. You must be at least 18 years old to purchase products from us.
5. We ask that you create one customer account per person.

II. Offers, Conclusion of Contract

All offers in our internet store are not binding, but are to be understood as an invitation to the customer to make us a contract offer. By sending an order to us, the customer makes an offer to purchase the ordered goods. Immediately after receipt of the order, the customer receives a confirmation from us about the receipt of the order, which does not constitute an acceptance of the offer. Our acceptance takes place by notification of dispatch (by e-mail). A purchase contract is only concluded with the acceptance.

III. cancellation policy

Right of withdrawal

You have the right to withdraw this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us of momox SE - momox-books, Schreiberhauer Straße 30, 10317 Berlin, Germany (phone number: 0049 (0)30 / 488 288 200, e-mail: [email protected]), by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw this contract. You can use the attached sample withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us or to momox-books ℅ medimops Retoure, Am alten Flughafen 100, 04356 Leipzig, Germany, without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of fourteen days. You bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Download withdrawal form

 

IV. Prices, shipping costs, delivery

1. Our prices include VAT and packaging, but do not include shipping costs. These will be invoiced separately, as shown in each case in the Internet store.
2. We ship the available goods (transfer to the shipping company) after the acceptance of your order, but not before the day of receipt of the full purchase price, including shipping costs. Excluded from this is the purchase on account. Shipping route and shipping method are chosen by us. We are not responsible for delays caused by the shipping company.
3. The risk of accidental loss and accidental deterioration of the goods shall pass to our customer upon handover of the shipment. If the goods are lost or damaged during shipment, the customer does not have to pay for them.

V. Terms of payment

1. We deliver only against payment according to the payment methods specified on the order page.
2. When selecting the direct debit payment method, the following applies:
   a) When selecting the direct debit payment method, the customer authorizes medimops.de or its payment provider "PayOne" to collect the amounts due by means of the direct debit procedure from the bank account specified in the order This amount will be debited from the customer's account immediately after the shipment of the goods.
   b) If the specified account has no or insufficient funds and the amount cannot be collected by direct debit or the customer revokes the direct debit without legal reason, the customer agrees to reimburse us for any costs incurred by us for each return debit for which he is responsible
   c) If the customer does not pay the outstanding amount within the reasonable period of time, further costs will be incurred. The costs for the first reminder are additionally EUR 1.00, for the second reminder EUR 2.00.
   d) Payment by direct debit is only possible up to an amount of EUR 50.00 per completed shopping basket
3. When choosing the payment method to purchase on account, the following applies:
4. a) Germany
   For the payment method purchase on account, you must be at least 18 years old.
   In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna Invoice is only available to consumers and payment must be made to Klarna in each case.
   When buying on account with Klarna, you always get the goods first, and you always have a payment period of 30 days. The full terms and conditions for purchase on account can be found here.
   Klarna AB checks and evaluates your data information and maintains a data exchange with other companies and credit agencies in case of legitimate interest and cause. If the creditworthiness of the consumer is not guaranteed, Klarna AB may refuse the customer to pay on account and must point to alternative payment options.
   Your personal data will be treated in accordance with the applicable data protection regulations and will not be disclosed to third parties for advertising purposes Klarna AB uses their personal data within the framework of the services offered to perform a credit and identification check and internal analysis.
   more information, please visitwww.klarna.de and Klarna's privacy policy
   On our billing terms
   Klarna AB, company - and corporation number: 556737-0431
   b) Austria
   In cooperation with Klarna, we offer you the purchase on account as a payment option. The payment term for Klarna invoice is 30 days from the invoice date. The invoice is issued when the goods are shipped and sent either by email or together with the goods. The payment is made to Klarna. Please note that Klarna Invoice is only available to consumers. For more information and Klarna's full terms and conditions for purchase on account, click here.
   Klarna checks and evaluates your data details and, where there is a legitimate interest and reason to do so, maintains a data exchange with other companies and credit reference agencies Your personal information will be handled the applicable data protection regulations and as stated in Klarna's policy
   For more information about Klarna, visit www.klarna.at.
   Klarna AB (publ), company - and corporation number: 556737-0431
   Credit card payment
   Credit card processing is carried out by PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, Germany - Registered office of the company - Amtsgericht Kiel HRB 6107 - Managing directors: Carl Frederic Zitscher, Jan Kanieß - A company of the Sparkassen-Finanzgruppe

VI. purchase of FSK / USK 18 articles

As a provider of FSK / USK 18 articles, we are legally obliged to ensure that the goods are handed over to the adult customer who ordered them. The customer who decides to purchase FSK / USK 18 items must declare to us that he is of age by placing a check mark. If the check mark is not set, no purchase contract is concluded. As a shipping method, we use the "age check / identity check for package delivery" of the respective shipping service provider; the choice of shipping service provider is ours. Upon delivery of the goods, the customer must have his identity card ready for age verification. Delivery and billing address must be identical. Changes to the delivery address cannot be made. Delivery to a packing station is excluded.

VII. Retention of title

1. We retain ownership of the delivered goods in any case until full payment of the purchase price, including shipping costs.
2. In the event of default in payment on the part of the customer, we shall be entitled, even without withdrawing from the purchase contract and without setting a grace period, to demand at the customer's expense the provisional surrender of the goods which are our property.

VIII. Rights of the customer in case of defects

1. All goods from our Internet store are subject to the statutory warranty rights.
2. Warranty claims of the customer shall get statute-barred after the expiry of two years from the delivery of the used goods, unless otherwise agreed; after the expiry of two years from the delivery of new goods. Instead of these periods, the statutory limitation periods shall apply in the following cases:

1. a) in the case of liability due to intention,
   b) in the case of fraudulent concealment of a defect
   c) for claims against us for damages arising from injury to life, limb or health in the case of a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents and
   d) for claims for other damages based on a grossly negligent breach of duty or an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents

IX. Claims for damages

1. We shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages and reimbursement of expenses (hereinafter: claims for damages) which are based on intent, gross negligence or the culpable breach of a material contractual obligation. In the event of gross negligence and in the event of a breach of a material contractual obligation, however, our liability shall be limited to the damage typically foreseeable in view of the type of goods and their regular use. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely on.
2. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act and if we have assumed a guarantee for the quality of the goods.
3. Insofar as the customer is entitled to claims for damages under this clause, these shall become statute-barred twelve months after delivery. In the case of claims for damages due to injury to life, limb, health or freedom and in the case of claims for damages under the Product Liability Act, the statutory limitation periods shall apply.

X. Applicable law

The contracts concluded between us and the customers are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The non-exclusive place of jurisdiction is Berlin. This means that claims in connection with these General Terms and Conditions arising from mandatory consumer-protective legal standards can be asserted either in Germany or in the member state in which you live.

XI. Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 German Act on Alternative Dispute Resolution in Consumer Cases (VSBG)

The European Commission provides a platform for online dispute resolution (OS), which can be found at https://webgate.ec.europa.eu/odr/. Consumers have the possibility to use this platform for the settlement of their disputes. In principle, we are willing to participate in an out-of-court settlement procedure.

XII. Contract text storage

We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.

XIII. Imprint

momox-books is an operation of momox SE | Schreiberhauer Straße 30 | 10317 Berlin, Germany

represented by the Management Board, Heiner Kroke (Chairman) and Christian von Hohnhorst

VAT ID: DE266608643 | Commercial Register HRB 248162 B | Local Court of Berlin Charlottenburg