Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Mike Gauweiler, trading under "Moissanite Mode" (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 For the purposes of these GTC, an entrepreneur 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.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

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 email), whereby receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after submission of the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiry of the fifth day following the dispatch 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 their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via 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, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.

If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted their order. Any further provision of the contract text by the Seller shall not take place. If the Customer has created a user account in the Seller's online shop before submitting their order, the order details shall be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via the Seller's online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business owner under the applicable regulations. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose.

If the Seller also offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g. payment by invoice or instalment payment), the Seller assigns its payment claim against the Customer to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer.

Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the credit check.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in accordance with the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect.

However, the Seller remains responsible even in the event of the assignment of claims for general Customer enquiries, for example regarding the goods, delivery time, shipment, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller's online shop.

For the processing of payments, Stripe may use additional payment services for which separate payment terms may apply. The Customer will be informed separately of such terms, where applicable.

Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If a payment method offered via the payment service "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple").

The individual payment methods offered via Apple Pay shall be communicated to the Customer in the Seller's online shop.

For the processing of payments, Apple may use additional payment services for which separate payment terms may apply. The Customer will be informed separately of such terms, where applicable.

Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").

The individual payment methods offered via Google Pay shall be communicated to the Customer in the Seller's online shop.

For the processing of payments, Google may use additional payment services for which separate payment terms may apply. The Customer will be informed separately of such terms, where applicable.

Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.7 If a payment method offered via the payment service "Stripe" is selected, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

The individual payment methods offered via Stripe shall be communicated to the Customer in the Seller's online shop.

For the processing of payments, Stripe may use additional payment services for which separate payment terms may apply. The Customer will be informed separately of such terms, where applicable.

Further information about Stripe is available online at https://stripe.com/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

When processing the transaction, the delivery address specified during the Seller's order process shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This shall not apply with regard to the costs of the original shipment if the Customer effectively exercises their right of withdrawal.

Regarding the costs of returning the goods, the provisions set out in the Seller's withdrawal policy shall apply in the event that the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or any other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the Customer or an authorized recipient upon delivery of the goods.

Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence.

The Seller shall make all reasonable efforts to obtain the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and any payment already made shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payment, the Seller shall retain ownership of the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller shall have the right to choose the type of subsequent performance;
for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
for used goods, claims based on defects shall be excluded;
the limitation period shall not begin again if a replacement delivery is made as part of the liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above shall not apply

for claims for damages and reimbursement of expenses by the Customer;
in the event that the Seller has fraudulently concealed the defect;
for goods that have been used for a building in accordance with their usual manner of use and have caused the building to be defective;
for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial obligation to inspect goods and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims arising from tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds:

in the event of intent or gross negligence;
in the event of intentional or negligent injury to life, body, or health;
on the basis of a guarantee promise, unless otherwise regulated in this respect;
due to mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding provision. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and compliance with which the Customer may regularly rely on.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.