General Terms and Conditions with Customer Information

1. Scope, Definitions and Subject Matter of the Contract

1.1. The following general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between

Moss GmbH
represented by the managing directors Peter Bottenberg and Jason Fieber
Wigeystrasse 18-20
57368 Lennestadt
Tel .: +49 (0) 2723 - 96680
Email: easyorderprint@mossinc.com
Internet: https://easyorderprint.mossinc.com
Tax ID number: DE126177684
Company headquarters: Lennestadt
Register court: Siegen district court
Register number: HRB 5925

(hereinafter referred to as "seller") and the customer: inside (hereinafter gender-neutral "buyer", collectively also referred to as "parties") of the seller.

1.2. These terms and conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Entrepreneurs within the meaning of these terms and conditions are also authorities, corporations, institutions, foundations, legal entities under public law or a special fund under public law that act exclusively under private law when the contract is concluded.

1.4. These terms and conditions apply in particular to contracts for the sale and / or delivery of movable objects ("goods"), regardless of whether the seller manufactures the goods himself or buys them from suppliers (§§ 433, 650 BGB).

1.5. These terms and conditions apply in particular to contracts for the sale and / or delivery of movable objects (hereinafter referred to as "goods") that the buyer concludes with regard to the goods offered by the seller in his online shop.

1.6. The general terms and conditions of the seller apply exclusively. If the buyer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if the seller has expressly consented to this.

1.7. For entrepreneurs, the following applies in addition: Unless otherwise agreed, these terms and conditions apply to buyers in the version valid at the time of the buyer's order or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts, without the seller in each individual case would have to point out them again.

2. Conclusion of the Contract

2.1. The presentation and promotion of the goods in the seller's online shop do not constitute a binding offer on the part of the seller to conclude a purchase contract, but rather serve to submit a binding offer to conclude a purchase contract by the buyer.

2.2. The buyer first makes a non-binding offer by filling out the integrated online order form and then placing the selected goods in the seller's virtual shopping cart. With the button “order with obligation to pay” the buyer places a legally binding order (offer) to purchase the goods contained in the virtual shopping cart. Before submitting his legally binding order, the buyer can view and change his entries at any time using the usual keyboard and mouse functions.

2.3. The buyer can also submit an offer to the seller (by phone, email, via the online contact form integrated on the seller's website or by post).

2.4. Immediately after placing the order, the seller sends the buyer an automatic confirmation email in which the buyer's order is listed again and which he can print out using the "Print" function. The automatic confirmation e-mail only documents that the seller has received the buyer's order. Such a confirmation does not constitute a binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of receipt.

2.6. The time of the conclusion of the contract between the parties depends on the payment method chosen by the buyer.

If you select the payment method "PayPal Plus", the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. As part of the payment provider PayPal Plus, the seller offers various payment methods. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment order to PayPal by clicking the button that concludes the order process. The seller requests PayPal to initiate the payment transaction and accepts the buyer's offer in the event of clicking the button that concludes the ordering process.

2.7. The seller saves the contractual provisions, including the terms and conditions, when the contract is concluded while maintaining data protection and sends them to the buyer in text form (by e-mail) after submitting his order.

2.8. The buyer can view the contract text in his user account in the seller's online shop, provided that the buyer has set up a user account before sending the order. The order data is stored in the seller's system and can be viewed and called up by the buyer using his access data in the password-protected user account.

2.9. The contract is concluded exclusively in German.

2.10. The buyer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.11. If the buyer is an entrepreneur, the following also applies: If the parties have agreed special conditions, these generally do not apply to concurrent and future contractual relationships with the buyer.

3. Right of Withdrawal

3.1. As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.

3.2. The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

3.3. More detailed information on the right of cancellation can be found in the following cancellation policy of the seller.

4. Delivery, Delivery Deadline and Delay in Delivery

4.1. The delivery period and any existing delivery restrictions can be found under a correspondingly labeled link "Shipping costs" in the seller's online shop or in the respective offer.

4.2. The delivery of goods takes place on the dispatch route to the delivery address specified by the buyer, unless otherwise agreed between the parties. The delivery address of the buyer given during the order in the online shop is decisive.

4.3. If the delivery of the goods fails for reasons for which the buyer is responsible, the buyer is obliged to bear the reasonable costs incurred by the seller. This does not apply to the shipping costs if the buyer effectively exercises his right of withdrawal. For the return costs, if the buyer exercises his right of withdrawal, the provisions made in the seller’s instructions on withdrawal apply.

4.4. If the seller cannot meet binding delivery deadlines for reasons for which he is not responsible (unavailability of the service), the seller will inform the buyer about this immediately and at the same time notify the expected new delivery deadline. If the service is also not available within the new delivery period, the seller is entitled to withdraw from the contract in whole or in part; the seller will immediately reimburse any consideration already provided by the buyer. A case of non-availability of the service in this sense is in particular the late delivery by the seller's suppliers if the seller has concluded a congruent hedging transaction, neither the seller nor his subcontractors are at fault or the seller is not obliged to procure in individual cases.

4.5. The seller is entitled to make partial deliveries insofar as this is reasonable for the buyer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.

4.6. Goods that are delivered by a forwarding agent are delivered "free curbside". This means that the goods are delivered to the nearest public curbside of the specified delivery address. This only applies if nothing else has been agreed between the parties.

4.7. It is not possible to collect the goods yourself.

5. Transport Damage, Transfer of Risk and Default in Acceptance

5.1. If the buyer acts as a consumer, he is asked, in the case of delivered goods with obvious transport damage, to complain about this defect to the deliverer as soon as possible and to contact the seller immediately. Failure to lodge a complaint or to contact us has no consequences whatsoever for legal claims and their enforcement, in particular for the buyer's warranty rights.

5.2. If the buyer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer at the time the goods are delivered to the buyer or a person authorized to receive them or the buyer is in default of acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer if the seller owes the shipment. Notwithstanding this, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the buyer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the buyer has the freight forwarder, has commissioned the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the buyer.

5.3. If the buyer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer upon handover as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment . This also applies if the seller bears the costs of transport. Transport insurance is only provided on special request and for the account of the buyer. If the seller owes the installation and assembly, the risk is transferred to the buyer when the installation and assembly work is completed and the goods are handed over to the buyer. The obligation to inspect and notify a party as set out in Sections 377, 381 of the German Commercial Code applies to merchants within the meaning of Section 1 of the German Commercial Code (HGB). If a defect becomes apparent during the delivery, the inspection or at any later point in time, the seller must be notified of this immediately in writing. In any case, obvious defects are to be reported in writing immediately after delivery and defects not recognizable during the inspection within the same period of time from their discovery. If the buyer fails to submit the inspection and / or notification of defects stipulated there, the goods are deemed to have been approved, unless it is a matter of a defect that was not recognizable during the inspection. This does not apply if the seller has fraudulently concealed a defect.

5.4. If a delivery is not possible for reasons for which the buyer is responsible, the buyer bears the costs for the unsuccessful delivery and is obliged to pay a lump sum compensation for delay. The costs are to be borne by the buyer if, for example, the goods do not fit through the front door, front door or the staircase of the buyer, or because the buyer is not found at the delivery address specified by him, although the delivery time was announced to the buyer with a reasonable period of time. The costs amount to 1% for each full week of the delay, but in total a maximum of 8% of the value of the entire delivery or that part of the entire delivery that was not accepted. The parties are allowed to prove that they did not incur any damage at all, lower or higher damage than the above flat rate.

6. Prices, Shipping Costs and Terms of Payment

6.1. Unless otherwise stated in the seller's offer, the prices given are total prices. The stated total prices are in EURO and are gross prices including the statutory sales tax applicable on the day of invoicing and, if applicable, plus any delivery and shipping costs. The amount of any delivery and shipping costs incurred are specified separately in the respective product description.

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

6.3. If the buyer's order in accordance with section 4.5. occurs through partial deliveries, the buyer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the request of the buyer, the seller will charge shipping costs for each partial delivery.

6.4. An overview of the shipping options and the shipping costs caused by them can also be found under the link "Shipping costs". The shipping costs are also displayed to the buyer on the overview page before submitting the order and must be confirmed.

6.5. If delivery is made to countries outside the European Union, additional costs may apply in individual cases. The buyer bears these costs if the seller is not responsible for them. These costs can include taxes, customs duties and other public charges as well as costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees). If necessary, some of the aforementioned costs can also arise for deliveries to countries within the European Union if the buyer makes the payment from a country outside the European Union.

6.6. The buyer can choose to pay the purchase price using the following payment methods:

  • 6.6.1. If you select the payment method "PayPal", the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. As part of the payment provider PayPal Plus, the seller offers various payment methods. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website.

  • If the buyer has chosen the payment method "PayPal", this will be forwarded from the seller's online shop to the PayPal website. If the buyer is not already registered with PayPal, a registration is required in order to be able to pay the invoice amount via PayPal. After the registration process, the buyer has to identify himself with his access data and confirm the payment instruction to the seller. After confirming the payment instruction, the seller asks PayPal to initiate the payment. Payment via PayPal is automatic.

  • If the buyer has chosen the payment method "credit card via PayPal", he does not have to be registered with PayPal in order to be able to pay the invoice amount. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment order to PayPal by clicking the button that concludes the order process. The seller asks PayPal to initiate the payment transaction after confirming the payment instruction and the buyer's credit card is charged.

  • 6.6.2. If the payment method "SOFORT by Klarna" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "Sofort"). After placing the order, the buyer is transferred from the seller's online shop to the website of the online shop. In order to be able to pay the invoice amount via Sofort, the buyer must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify himself accordingly during the payment process and confirm the payment instruction to Sofort The payment transaction is carried out immediately afterwards by Sofort and the specified account of the buyer is debited. The buyer receives further notes and information on payment via Sofort during the ordering process and can find this under the link: https://www.klarna.com/sofort/ or https://www.sofort.de.

6.7. The following applies to entrepreneurs: When the above payment period has expired, the buyer is in default. Interest is paid on the outstanding remuneration during the delay at the respectively applicable statutory default interest rate. The seller reserves the right to claim further damage caused by default. The seller's claim to commercial maturity interest (§ 353 HGB) remains unaffected against merchants.

6.8. The buyer is only entitled to set-off rights if his counterclaims have been legally established or are undisputedly linked to the main claim of the seller or are recognized by the latter.

6.9. If the buyer is an entrepreneur, the buyer's right of retention is excluded, unless the buyer's counterclaim stems from the same contractual relationship and is undisputed or legally established. A written notification to the seller is required to assert the right.

6.10. If, after the conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that the seller's claim to remuneration is jeopardized by the buyer's inability to perform, the seller is obliged to withdraw from the contract in accordance with the statutory provisions on refusal of performance and - if necessary after setting a deadline entitled to the contract (§ 321 BGB).

7. Liability for Defects and Guarantees

7.1. The seller is liable for material or legal defects of the delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

7.2. If the buyer is a consumer, the limitation period for statutory claims for defects when purchasing new goods is two (2) years from delivery of the goods.

7.3. If the buyer is an entrepreneur, the seller initially provides the buyer with a guarantee by removing the defect (repair) or by delivering a defect-free item (replacement delivery). The limitation period for defects in newly manufactured goods is one (1) year from delivery of the goods. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

7.4. In relation to entrepreneurs, only the information provided by the seller and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; The seller assumes no liability for public statements by the manufacturer or other advertising statements.

7.5. The above restrictions and shortened deadlines do not apply to claims based on damage caused by the seller, his legal representatives or vicarious agents:

  • for a building or an object that has been used for a building in accordance with its normal use and has caused its defectiveness (building material), the statute of limitations is five (5) years from delivery (§ 438 Paragraph 1 No. 2 BGB)
  • in the event of injury to life, limb or health
  • in the event of willful or grossly negligent breach of duty as well as fraudulent concealment of a defect
  • in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed between the parties
  • as far as the scope of the product liability law is opened.

7.6. Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the seller's online shop.

8. Liability for Damage

8.1. With regard to the services provided by the seller, the seller, his legal representatives and his vicarious agents are only liable in the event of intent or gross negligence.

8.2. In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but limited to the foreseeable, contract-typical damage.

8.3. Essential contractual obligations are those obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the buyer can regularly rely on compliance (so-called cardinal obligations). Claims for damage resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.

8.4. Incidentally, a liability of the seller is excluded.

9. Retention of Title

9.1. In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

9.2. In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. If the buyer is an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The buyer assigns all claims against third parties arising from the resale - regardless of whether the reserved goods are combined or mixed with new items - to the seller in advance in the amount of the respective invoice amount (including sales tax). The buyer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the buyer fulfills his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.

10. Regulations for the Processing of Goods According to Buyer-specific Specifications

10.1. In the event that, in addition to the delivery of goods, the processing of the goods has also been contractually agreed between the parties, the buyer is obliged to provide all the content required for processing such as texts, images or graphics in the file formats, formatting, image and image formats specified by the seller Make file sizes available to this. The buyer undertakes to grant the seller the necessary rights of use. The buyer is responsible for the procurement, acquisition and use of the rights. This applies in particular to the fact that no third party rights, in particular copyrights, trademarks, personal rights, patents, other property rights or trade secrets of third parties are violated by the use of the rights. If the buyer provides the seller with content such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller, he assures that he is entitled to transfer and use the aforementioned content.

10.2. Insofar as third parties can assert claims against the seller that arise in connection with a violation of their rights through the contractual use of the buyer's content by the seller, the buyer is obliged to indemnify the seller and his employees or agents from the claims of third parties. § 254 BGB (contributory negligence) remains unaffected. The buyer will inform the seller immediately if third parties make claims against the seller that fall under the above indemnification obligation, and give him the opportunity to defend the asserted claim, as far as the circumstances of the individual case allow. The buyer is obliged to immediately provide the seller with all information available to him about the relevant facts in full, truthfully and immediately in text form. Any further claims of the seller remain unaffected. In addition, the buyer undertakes to assume all legal prosecution costs incurred by the seller in the context of claims by third parties, insofar as these are necessary and reasonable. This includes, in particular, all court and lawyer fees at the statutory rate. There is no assumption of costs if the buyer is not responsible for the infringement.

10.3. If the content provided by the buyer violates applicable law, morality, legal or official prohibitions, the seller can refuse the corresponding processing orders. A violation exists in particular if the client leaves unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.

11. Data Protection

11.1. The seller collects and stores the data of the buyer necessary for the business transaction. When processing the buyer's personal data, the seller complies with the statutory provisions. The seller is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfillment of the contract. Further details can be found in the seller's data protection declaration, which can be found in the online offer.

11.2. Upon request, the buyer receives information about the personal data stored on him at any time.

11.3. In addition, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG).

11.4. The seller has the copyrights to all texts, images and films that are published on his website. Use of the images, films and texts is not permitted without the express consent of the seller.

12. Alternative Dispute Resolution

12.1. The following rules apply to buyers who are consumers. 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board / universal arbitration board.

13. Final Provisions

13.1. For these terms and conditions and the contractual relationship between the parties, the law of the Federal Republic of Germany applies to the exclusion of uniform international law, in particular the UN sales law. For consumers, 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.

13.2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

13.3. If the buyer is a consumer and does not have a general place of jurisdiction in Germany or in another EU member state, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business in Lennestadt.

13.4. If the buyer is a merchant within the meaning of the Commercial Code, an entrepreneur within the meaning of Section 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the seller's place of business in Lennestadt. In all cases, the seller is also entitled to take legal action at the place of fulfillment of the performance obligation in accordance with these terms and conditions or a priority individual agreement or at the general place of jurisdiction of the buyer. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected.