Terms and Conditions

Scope of Application
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Campaign Vouchers
Redemption of Gift Vouchers
Applicable Law
Code of Conduct
Alternative Dispute Resolution

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter "GTC") of the company twenty5Gmbh, operating under "Moromou.at" (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. This rejects the inclusion of the customer's own conditions, unless otherwise agreed.

1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3 For the purpose of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of their trade, business or profession.

2. CONCLUSION OF THE CONTRACT

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods into the virtual shopping cart and going through the electronic ordering process, by clicking the button that concludes the ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail or post.

2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), insofar as the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, insofar as the receipt of the goods by the Customer is decisive, or by requesting the Customer to pay after placing his order. If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer starts on the day after the offer is sent by the Customer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account, specifying the relevant login data.

2.5 Before submitting the binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's magnification function, which enlarges the display on the screen. The Customer can correct his entries via the usual keyboard and mouse functions during the electronic ordering process until he clicks the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure when using SPAM filters that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3. RIGHT OF WITHDRAWAL

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal results from the Seller's withdrawal instructions.

4. PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which the Customer must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also arise in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you choose a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method "Purchase on Invoice" via payolution is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from the receipt of the invoice to the net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, to whom the Seller has assigned his claim from the purchase contract, unless otherwise agreed. The payment method "Purchase on Invoice" requires a successful credit check. In this case, the Customer can only pay to the net-m privatbank 1891 AG with debt-discharging effect. Otherwise, the additional general terms and conditions apply, which the Customer can retrieve during the ordering process. The Seller reserves the right to offer the payment method "Purchase on Invoice" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in his payment information in the online store of a corresponding payment restriction.

5. DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods takes place on the way to the delivery address specified by the Customer, unless otherwise agreed. During the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the transport company sends the shipped goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the Seller had announced the service to him a reasonable time in advance.

5.2 If the transport company sends the goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the Seller had notified him of the service a reasonable time in advance. Furthermore, this does not apply to the costs for the outbound shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the Seller's cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.

5.3 Due to logistical reasons, pickup by the Customer is not possible.

5.4 Vouchers will be provided to the Customer as follows:

- by email

6. RETENTION OF TITLE

If the Seller advances payment, he retains title to the delivered goods until the owed purchase price has been paid in full.

7. LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The Customer is asked to report any delivered goods with obvious transport damage to the carrier and to inform the Seller about it. If the Customer fails to comply, this has no effect on his statutory or contractual claims for defects.

8. REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers issued by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Promotional Vouchers can only be redeemed by consumers.

8.3 Certain products may be excluded from the voucher campaign if such a restriction results from the content of the Promotional Voucher.

8.4 Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

8.5 Only one Promotional Voucher can be redeemed per order.

8.6 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.8 The credit of a Promotional Voucher is neither paid out in cash nor does it earn interest.

8.9 The Promotional Voucher will not be refunded if the Customer returns the goods fully or partially paid for with the Promotional Voucher within the framework of his statutory right of withdrawal.

8.10 The Promotional Voucher is transferable. The Seller may discharge the obligation to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or is grossly negligent of being unaware of the non-entitlement, business incapacity, or lack of representation authorization of the respective holder.

9. REDEMPTION OF GIFT VOUCHERS

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless the voucher states otherwise.

9.2 Gift Vouchers and remaining credit balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The credit of a Gift Voucher is neither paid out in cash nor does it earn interest.

9.8 The Gift Voucher is transferable. The Seller may discharge the obligation to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or is grossly negligent of being unaware of the non-entitlement, business incapacity, or lack of representation authorization of the respective holder.

10. APPLICABLE LAW

The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws about the international sale of goods. For consumers, this choice of law applies only to the extent that it does not remove the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11. CODE OF CONDUCT

The Seller has submitted to the participation conditions of the eCommerce initiative "Fairness in Trade", which can be viewed on the internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12. ALTERNATIVE DISPUTE RESOLUTION

12.1 The European Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration board.