General terms and conditions and withdrawal policy for consumers
Version 28.12.2023
If you place orders on https://mokosev.com/ as a consumer within the meaning of the Consumer Protection Act, then these General Terms and Conditions including cancellation policy (hereinafter referred to as “GTC”) form the contractual basis in the version valid at the time of the order. If you place orders on https://mokosev.com/ as part of the operation of a company, only the General Terms and Conditions for Corporate Customers in the section below shall apply.
We may update these Terms from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
https://mokosev.com/ is a webshop. Your contractual partner for orders on https://mokosev.com/ is:
(hereinafter referred to as “we” or “us”).
The languages available for orders, contract conclusion, customer service and other information on https://mokosev.com/ are English and German.
By placing an order on https://mokosev.com/, you acknowledge and agree to these GTC and accept their exclusive validity.
All business relations between you and us are exclusively subject to these GTC in the version valid at the time of your order. Deviations from these GTC or any conflicting terms and conditions of business or purchase on your part shall not become part of the contract, not even by implication.
We may only amend these GTC unilaterally if this is necessary to eliminate subsequent equivalence problems or to adapt to changes in the legal or technical framework. You cannot be disadvantaged by such a subsequent change.
All goods prices quoted on https://mokosev.com/ are total prices and include all taxes, but exclude shipping costs, possible customs clearance costs and import taxes for deliveries outside the EU. The amounts stated at the time of ordering shall apply.
The shipping costs within Austria, to Germany and Switzerland are from 15,- Euro, to Italy from 17,- Euro and to Spain from 27,- Euro, always depending on the size and weight of the parcel.
For deliveries outside the EU, you may be subject to additional import duties and taxes, which will be charged to you directly by the respective national customs authority upon arrival of your delivery. These costs are to be borne by you.
The following applies to shipments to Switzerland and countries outside the EU: All customs duties are to be paid by the buyer and will be invoiced.
Payment shall be made to the account specified by us in the invoice. The due date of our claims shall commence upon receipt of the goods. If claims are not paid within fourteen calendar days, we are entitled to claim statutory default interest.
All goods delivered by us shall remain our property until full payment has been made.
Delivery will be made to the delivery address or packing station specified by you. We are entitled to execute the order in partial deliveries.
The risk of loss or damage to the goods passes to you (only) when you or a third party authorized by you to receive the goods (who is not the carrier) have taken possession of the goods.
Mokošev assumes no responsibility for the correct delivery of the goods or once the goods have been delivered according to the delivery company, they must be paid for.
Mokošev cannot be held responsible for orders delivered to incorrect addresses due to customer error. If we do not receive correct shipping information at the time of your order or within 12 hours of placing your order, we will not be liable for any costs incurred in retrieving or resending your order or for any lost or irretrievable packages. Any delivery problems or lost parcels are the responsibility of the customer. In the event of a lost parcel, we will do everything in our power to correspond with the relevant couriers to retrieve your parcel or file a claim for the value of the goods. Any additional costs incurred by Mokošev shall be borne by the customer.
If goods are delivered to you with obvious transport damage, we ask you to complain about this immediately to the delivery service provider and to contact us. This serves to support our claims against the delivery service provider or to assert them with the insurance company. Failure to make a complaint or contact us has no consequences for your statutory warranty claims as a consumer.
All offers on https://mokosev.com/ are subject to change.
As a consumer, you have the legal right to withdraw from this contract within 14 days and without giving any reason. The statutory withdrawal period begins on the day on which you (or a third party named by you who is not the carrier) take possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you (or a third party named by you who is not the carrier) have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, telephone call or e-mail).
The right of withdrawal does not apply to contracts for:
– Goods that are produced according to customer specifications or are clearly tailored to personal needs (e.g. personal greeting cards)
– Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery (e.g. hygiene or care products)
Furthermore, you have no right to withdraw from contracts for urgent repair work.
Consequences of revocation
If you effectively revoke this contract, all payments made will be refunded to you within 14 days of receipt of your declaration of revocation at the latest. This includes paid outbound shipping costs, but only up to the amount of the cheapest standard shipping costs offered for your order.
For the refund, we will use the same means of payment that you used for your original payment. Under no circumstances will you be charged any fees for this refund. We may refuse to refund you until we have either received the goods back or until you have provided proof that the goods have been returned.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Return period: You must return the goods to the return address provided by us within 14 days of the day on which you notify us of your withdrawal from this contract. The return deadline is met if you send the goods before the return period of 14 days has expired.
Return shipping costs: The return shipping costs due to a revocation are borne by you as the consumer.
Warranty: Unless otherwise specified, the general statutory warranty provisions shall apply. The warranty for defects caused by you is excluded. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
We offer no guarantee that the photos published in the webshop are identical to the goods actually delivered.
We shall not be liable for damages due to slight negligence, provided that we have a factual justification and the damage was not caused by a breach of material contractual obligations.
Claims for damages in the event that delivery becomes impossible due to circumstances for which we are not responsible and we withdraw from the contract in whole or in part are excluded insofar as we can prove that we are not at fault.
The provisions on data protection can be found in our privacy policy.
Any contract concluded via https://mokosev.com/ shall be governed by and construed in accordance with Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. As a consumer, this gives you the opportunity to resolve disputes in connection with your online order without having to go to court. The dispute resolution platform can be accessed via the external link ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
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