Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (MOESTA-BBQ GmbH) via the website www.moesta.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby rejected.
(2) A consumer, within the meaning of the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) Pursuant to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our services in electronic commerce comply with the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:
(4) Our website or our services in electronic commerce are accessible if they can be found, accessed, and used by people with disabilities in the generally customary manner, without particular difficulty and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly visible font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system 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 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 designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or entry of your data there. Finally, the order data 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 again, change it (also by using the "back" function of the internet browser) or cancel the order.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period 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 partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) Statutory liability rights for defects apply.
(2) As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us, as well as 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 domicile or habitual residence is unknown at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
MOESTA-BBQ GmbH
Raiffeisenstraße 7
32584 Löhne
Germany
Phone: +49(0)5732-8511
Email: info@moesta.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion 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. The complete text of the contract is not stored by us. 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 contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed 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 can be found in the respective offer.
6. Prices and Payment Modalities
6.1. The prices indicated 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 incurred shipping costs are not included in the purchase price. They can be accessed via an appropriately labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, further costs may arise that are not attributable to us, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you 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 indicated under an appropriately labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 another person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
Last updated: 22.10.2024
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (MOESTA-BBQ GmbH) via the website www.moesta.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby rejected.
(2) A consumer, within the meaning of the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) Pursuant to Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website or our services in electronic commerce comply with the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary for understanding the performance of the service;
- a description of how the service meets the relevant accessibility requirements.
MLBF (under establishment)
c/o Ministry of Labor, Social Affairs, Health and Equality Saxony-Anhalt
Postfach 39 11 55
39135 Magdeburg
Phone: 0391 567-4530
Email: MLBF@ms.sachsen-anhalt.de
(3) We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to address a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.c/o Ministry of Labor, Social Affairs, Health and Equality Saxony-Anhalt
Postfach 39 11 55
39135 Magdeburg
Phone: 0391 567-4530
Email: MLBF@ms.sachsen-anhalt.de
(4) Our website or our services in electronic commerce are accessible if they can be found, accessed, and used by people with disabilities in the generally customary manner, without particular difficulty and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly visible font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system 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 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 designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be redirected to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or entry of your data there. Finally, the order data 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 again, change it (also by using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) Statutory liability rights for defects apply.
(2) As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us, as well as 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 domicile or habitual residence is unknown at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
MOESTA-BBQ GmbH
Raiffeisenstraße 7
32584 Löhne
Germany
Phone: +49(0)5732-8511
Email: info@moesta.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion 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. The complete text of the contract is not stored by us. 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 contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Modalities
6.1. The prices indicated 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 incurred shipping costs are not included in the purchase price. They can be accessed via an appropriately labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, further costs may arise that are not attributable to us, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you 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 indicated under an appropriately labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 another person designated to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/
Last updated: 22.10.2024