Terms of service

General Terms and Conditions

Scope

These terms and conditions apply to all purchases made by private customers from Mozaca Clothing.

Private customers in this sense are individuals with a residence and delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or independent professional activity.

Prices and Shipping Costs

The prices listed are final prices including VAT. The amount that is displayed at the time of the binding order applies. Additional shipping costs depend on the shipping method and the size and weight of the item(s) you ordered. Details can be found under "Shipping". We bear the regular costs of the return shipping, which arise in the event of a return of the goods by you exercising your right of withdrawal. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made upon delivery using:

• Apple Pay
• Google Pay
• Credit Card
• Giropay
• PayPal
• Klarna
• O Pay
• iDeal

Default of Payment

If you fall into default of payment, Mozaca Clothing is entitled to demand default interest at a rate of 5 percentage points above the base rate announced by the Deutsche Bundesbank at the time of the order. If Mozaca Clothing can prove a higher default damage, Mozaca Clothing is entitled to claim this.

Right of Retention

The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer within:

• Germany
• Poland
• Czech Republic
• Switzerland
• France
• Luxembourg
• Belgium
• Netherlands
• Europe
• Worldwide

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other performance permanently impossible, Mozaca Clothing's performance obligations are excluded. Amounts already paid will be refunded by Mozaca Clothing without delay.

(3) Mozaca Clothing may also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the contract, considering the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded by Mozaca Clothing without delay.

(4) Bulky goods (packages with a volume larger than 1 cubic meter) are usually delivered by a forwarding agency. Mozaca Clothing expressly points out that these goods are not carried into the house.

Cost-effective Return Shipping Method

(1) Please use the original packaging for the return shipment of the goods and accessories, if possible, even if it is damaged by an opening for functional testing.

(2) Please use the fully prepaid and addressed return shipping label included with the goods delivery for the return shipment. This is the simplest and most cost-effective shipping method. You are not obliged to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay the increased costs compared to a cost-effective shipping method.

Retention of Title

The delivered goods remain the property of Mozaca Clothing until full payment of all claims against the customer arising from the purchase contract. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any rights to use the goods.

Warranty Rights

(1) A product already defective upon delivery (warranty case) will be replaced by Mozaca Clothing at the customer's choice at Mozaca Clothing's expense with a defect-free product or professionally repaired (subsequent performance). The customer is informed that no warranty case exists if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in particular in the following cases: a) in case of damages caused by misuse or improper use by the customer, b) in case of damages caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Mozaca Clothing also does not provide a warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that, considering the product price, is grossly disproportionate to the customer's interest in performance, considering the content of the purchase contract and the principles of good faith, the customer's claim is limited to the respective other type of subsequent performance. The right of Mozaca Clothing to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Mozaca Clothing at Mozaca Clothing's expense, stating the order number. Before sending the product, the customer must remove any objects inserted by them from the product. Mozaca Clothing is not obliged to inspect the product for the insertion of such objects. Mozaca Clothing is not liable for the loss of such objects unless it was immediately apparent to Mozaca Clothing when taking back the product that such an object had been inserted into the product (in this case, Mozaca Clothing informs the customer and holds the object ready for the customer to collect; the customer bears the costs incurred in this process). The customer must also, before sending a product for repair or exchange, if necessary, create backup copies of the system software, applications, and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for data loss. It is also the customer's responsibility to reinstall the software and data and reactivate the passwords after the repaired product or replacement product is returned to them.

(5) If the customer sends the goods to obtain an exchange product, the return of the defective product is based on the following conditions: If the customer could use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits derived by them. The customer must pay compensation for any deterioration or destruction of the goods not caused by the defect and for the impossibility of returning the goods not caused by the defect during the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by their proper use. The obligation to pay compensation for a defective product in the event of a warranty case is also excluded,

a) if the defect entitling to withdrawal only becomes apparent during processing or transformation, b) if Mozaca Clothing is responsible for the deterioration or destruction or if the damage would have occurred even at Mozaca Clothing, c) if the deterioration or destruction has occurred at the customer's premises, although they have observed the care that they apply in their own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible is governed by the statutory provisions.

(7) The customer may withdraw from the contract or reduce the purchase price at their discretion if the repair or replacement delivery within a reasonable period does not lead to a contractual condition of the product.

(8) In addition, claims against the manufacturer may also exist under a warranty provided by the manufacturer, which is governed by the corresponding warranty conditions.

(9) The statutory warranty of Mozaca Clothing ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In cases of slight negligence, Mozaca Clothing is liable only for the breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in cases of injury to life, body, or health. Mozaca Clothing is not liable for other damages caused by slight negligence due to a defect in the purchase item.

(2) Regardless of any fault, Mozaca Clothing remains liable in the case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's warranty is a warranty provided by the manufacturer and does not constitute an assumption of a warranty by Mozaca Clothing.

(3) Mozaca Clothing is also responsible for the impossibility of delivery occurring by chance during its delay unless the damage would have occurred even with timely delivery.

(4) Personal liability of the legal representatives, vicarious agents, and employees of Mozaca Clothing for damages caused by them through slight negligence is excluded.

Applicable Law

The contract concluded between you and Mozaca Clothing is exclusively subject to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.

Jurisdiction

If you do not have a residence in the Federal Republic of Germany when placing your order, or if you move your residence abroad after concluding the contract or if your residence is not known at the time the complaint is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the seat of the operator of the online shop.

Dispute Resolution

General duty to inform about alternative dispute resolution according to Art. 14 (1) ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become wholly or partially invalid or void, the validity of the remaining provisions of the contract shall not be affected, insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.