Status: 12/12/2023
1) Scop
1.1 These General Terms and Conditions (hereinafter "GTC") of
Moza GmbH
Simmeringer Hauptstrasse 261B, 1110 Vienna
Email: info@mozahome.com
Telephone: +43 660 2626701
apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to his goods and services. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
A consumer is any natural person who engages in a transaction that is not part of the operation of their business. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After configuring the selected goods or services and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process. After receipt of his order, the customer receives a separate, automated confirmation of receipt of his electronic contract declaration. Such a confirmation does not constitute acceptance of the offer.
2.3 The seller can accept the customer's offer within three working days, by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
If the customer selects a payment method as part of the online ordering process by clicking the button that completes the ordering process and at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares this in deviation from Section 2.3 now the acceptance of the customer's offer at the moment when the money arrives in the seller's account.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail) after the order has been sent.
If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 German and English are available for the conclusion of the contract.
2.6 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers residing in the EU generally have the right to withdraw from a distance contract.
A distance contract is a contract between the seller and a consumer concluded without the simultaneous physical presence of the seller and the consumer, whereby only means of distance communication (fax, internet, telephone) are used up to and including the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax.
4.2 The seller offers credit card payment, debit card payment, advance transfer, PayPal and SOFORT as payment methods in the online shop.
5) Retention of title
5.1 In relation to its customers, regardless of whether they are consumers or entrepreneurs, the seller reserves title to the goods provided until the purchase price owed has been paid in full.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers in the EU.
6.2 Goods are delivered to the delivery address specified by the customer.
6.3 If the customer acts as an entrepreneur, the risk of loss of or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of one of the options suggested by the entrepreneur, the risk passes to the carrier as soon as the goods are handed over.
6.4 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, provided that the seller had given him adequate notice of the service in advance, unless the customer, as a consumer, declared his withdrawal justified.
6.5 If there is a delay in delivery due to force majeure (e.g. pandemic, strike, storm, catastrophe, war, etc.), the delivery period is extended by the duration of the resulting delay. Any resulting claims for damages are excluded. This also applies to customers who are entrepreneurs if the delay in delivery occurs for other reasons attributable to the suppliers. The statutory right of the customer to withdraw after setting a reasonable period of grace remains unaffected.
6.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
7) Warranty/Liability
7.1 The provisions of the statutory warranty apply.
The seller is responsible for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain feature from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.
If the customer acts as an entrepreneur, the following also applies:
In principle, an insignificant defect does not justify any warranty claims,
The seller is not liable for slight negligence, unless personal injury is involved. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8) Jurisdiction/Applicable Law
8.1. The law of the Republic of Austria applies to all legal relationships between the parties, to the exclusion of the UN Sales Convention. For consumers with domicile or habitual residence in the EU, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
8.2. In relation to entrepreneurs, the materially competent court at the seller's registered office is agreed as the exclusive competent court.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
Moza GmbH was founded in 2021 as Vienna-based startup