These terms and conditions merely serve as a supplement to the original German text which can be found here. Please note that the only legally binding terms and conditions are the German version.
Terms and Conditions (GTC) for MOXIE shop
This shop is powered by the company MOXIE GmbH, Dauerwaldweg 6, D-14055 Berlin.
Main domain: www.moxie-gmbh.de
Phone: 0049 (0) 30/30839802
Fax: 0049 (0) 30/30839803
Management / Responsible for store: Jodie Urcioli
The terms and conditions (hereinafter Terms and Conditions) apply to all business related to the MOXIE shop, especially in contracts for the supply between the MOXIE GmbH (hereinafter MOXIE called) and its contractors in each, at the time the contract is amended.
The Terms apply exclusively. Conflicting or deviating from the terms of MOXIE conditions the contractor shall not be accepted unless MOXIE has expressly agreed to in writing in the individual case.
The contractual partner is only MOXIE. Be interposed provided by MOXIE partners in individual cases, however, remains MOXIE contact and contract partners.
Within these conditions, who acts as a consumer within the meaning of § 13 BGB in making the business, all other people, especially entrepreneurs in terms of § 14 BGB, not consumers within the meaning of these conditions.
In MOXIE shop are medical devices that serve particular the detection of heat or cold urticaria as well as for the recognition of factitious urticaria, sold. Further psychometric instruments (questionnaires) provided for determining the activities and impact of diseases for paid download.
MOXIE does not provide patient-related services or counseling. Treatment suggestions by MOXIE are non-binding. The decision on the therapy rests solely with the responsible physician. The contractor is required to study all the relevant documentation, in particular the instruction manual, safety instructions and all relevant information provided by the health authorities and ensure that the products sold by MOXIE products in accordance with these documents will be used.
1 Conclusion of a contract
4 Retention of title
6 Cancellation / return policy
11th Final provisions
1 Conclusion of a contract
The presentation of the offer of MOXIE accessible on the Internet via computers, is not a legally binding offer within the meaning of § § 145 ff BGB, but an invitation to order. All offers are valid "while stocks last", if not stated otherwise in the products. Errors excepted.
In which the contractor sends an order via e-mail at MOXIE or the button "order to pay it" clicks in the last step of the ordering process in MOXIE shop, he makes a binding offer within the meaning of § § 145 et seq of the goods contained in the shopping cart from.
The contractor shall MOXIE of an acknowledgment of receipt of his purchase offer within the meaning of § § 145 ff BGB by e-mail. For possible errors in the information on the range on the website MOXIE is necessary to alert the parties separately and make a counter offer.
The contract with MOXIE comes when MOXIE accepted this offer. Acceptance is subject to the availability of the ordered goods as well as a positive credit. The declaration of acceptance by MOXIE against the contractor is not required, the contractor waives this meaning of § 151 sentence 1 BGB. MOXIE can not accept the offer of the contractor, this will be communicated to the contractor in electronic form by MOXIE.
2 Treaty text
The contract text is stored on the internal systems of MOXIE. The terms and conditions of MOXIE, the contractor may at any time on this page.
The prices quoted in the shop in MOXIE Euro include VAT and all other price components (excluding shipping).
Cost of shipping:
a) within the delivery area Germany
Shipping weight up to 30 kg, with a girth up to 3m, MOXIE ships the product with the German Parcel Service (DPD) The shipping costs for the delivery area Germany are up to 500 kg Shipping weight calculated on the MOXIE-shop system.
b) outside the delivery area Germany
For deliveries outside of Germany, to calculate the shipping cost based on cost. The contractor shall MOXIE of a tender on the calculation of shipping costs. Only after confirming the acquisition of transport costs determined by the contracting party of the order will be processed by MOXIE.
Delivery is to be operated at the shipping cost within the EU. The shipping cost may vary in individual cases, but may not increase the total contract value. In that case, the contractor must agree to the increased total value of the contract. All the risks and dangers of the shipment to the contractual partner as soon as the goods of MOXIE is passed to the logistics contractor. If the contracting party is a consumer, the risk passes upon delivery of the goods to the contractor. Partial shipments at the total contract remain MOXIE reserved.
Information on the delivery date are non-binding. Delivery is usually within 3-5 working days after receipt of order and clarification of the commercial details. If a known delay MOXIE occur, MOXIE will inform the contractor about it. The contractor will also be asked to note the shipping information at the email address provided by the contractor.
5 Retention of title
Until full settlement of all claims against the contractor payment the goods remain the property of MOXIE.
6 Terms of payment
Payment will be made either in advance or on account by bank transfer.
The delivery "on account" is only to selected groups of customers and only after successful verification. The invoices are payable without deductions of MOXIE upon receipt by the contractor and no later than 30 To afford calendar day following the due date.
The contractor is exceeded by this payment term in default without need of a reminder. From the occurrence of default, the interest rate is 8 percentage points above the base rate for consumer 5 percentage points above the base rate.
In advance the delivery of the goods only after receipt of payment on the account of MOXIE. If payment is not received on the account within 14 days, the contractor will receive a reminder. After another 14 days, the order will be canceled without further notice. Advance and progress payments shall bear interest MOXIE.
The Bank of MOXIE is:
Account holder: MOXIE GmbH
Account number: 190 057 483
Bank Code: 100 500 00
Bank. Berliner Sparkasse
For transfers from abroad:
IBAN: DE 65 1005 0000 0190 0574 83
BIC: BELADEBE XXX
Monetary transactions / rate risk
Bank charges shall be borne by the contractor. The price risk on the translation of foreign currency is also to be borne by the contractor.
7 Off / retention
A right to offset the contractor only if the counter-claims of the contractor have been judicially determined or approved in writing by MOXIE. Moreover, the set-off.
A lien may be exercised by the contractor only if the claims from the same contractual relationship.
8 Cancellation / return policy
Right of cancellation for consumers in terms of § 13 BGB
Unless the contracting party dealing as a consumer, he may cancel a contract within 14 days without giving reasons in writing (eg letter, fax, email) or - if the other party received the goods before the deadline - by returning the goods revoked. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling the information requirements of MOXIE under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and the duty of MOXIE according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the goods.
The right does not apply to contracts for the supply of goods which were manufactured according to specifications of the contractor.
The revocation must be sent to:
Director: Jodie Urcioli
Fax: 0049 (0) 30/30839803
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If the Party is the performance received and benefits (eg benefits of use) in whole or in part, or only in a deteriorated condition or, the contractor must MOXIE obliged to pay compensation. With the surrender of goods this does not apply if the deterioration of the goods to their examination of the characteristics and functioning - as it would, for example, by testing and trying out the goods have been possible for the contractor in store - is due. For one by the intended use of the commodity, the contractor must not have value.
Transportable goods are returned at the risk of MOXIE. The contractor shall bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price of the returned goods does not exceed an amount of EUR 40.00 (EUR 33.61 net) or if the other party at a higher price of the goods has not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return of the goods to the contracting party is free of charge. Non-transportable goods will be picked up by the contractor. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the contractor with the dispatch of the revocation or the goods, for MOXIE with their reception.
End of cancellation policy
In the case of a warranty or other complaints to the contractor is asked to
Director: Jodie Urcioli
Fax: 0049 (0) 30/30839803
MOXIE will vouch for defects that are present at the handover of the goods during the warranty period of 12 months in commercial contractors and 24 months for consumers according to the following rules:
The Party shall notify any defects possibly at MOXIE writing. If there is a fault or lack of MOXIE, MOXIE is to eliminate this choice of partner by removal or replacement.
Fails to remedy the defect or replacement delivery, or is MOXIE is not willing or able or delayed this has to represent for an unreasonable period of time due to MOXIE, the contractor shall be entitled without prejudice to any claims for damages from the contract or a reduction of the purchase price to demand.
In case of an effective revocation, the contractor has to bear the cost of returning the goods if the delivered goods correspond to the ordered and if the price of the returned goods does not exceed an amount of EUR 40.00 (EUR 33.61 net) or if the contractor has not yet the time of cancellation provided the consideration or a contractually agreed partial payment at a higher price of the goods. Otherwise the return is free for the contractor.
The right of withdrawal is excluded in contracts for the supply of consumables, for the supply of goods which were manufactured according to specifications of the contractor. In addition, § 312 BGB applies, Section 4.
In case of exclusion of withdrawal and return in accordance with § 312 paragraph 4 BGB and point / lit. a) Block 7 of the Conditions of MOXIE has to bear the costs of re-sending in a return of the goods at MOXIE him the contractors.
MOXIE requested, collects and uses the data of the contractor exclusively for communication with the contractor and to process the order, unless the contractor would like to receive other services. This MOXIE then seek the appropriate place the consent of the contractor. The privacy practices of MOXIE is in accordance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (Teledienstedatenschutzgesetz). In order to process and deliver the order the contractor may, MOXIE is the data of the contractor only to the respective authorized with the delivery company. MOXIE cares for the purpose of credit checking and legitimate interest in exchanging information with credit bureaus and credit information relates if necessary.
MOXIE also offers additional services for advertising purposes and uses the address data. For this MOXIE requires the consent of the other party. If the other party in the future a service but then do not want to take advantage of or use of the data for advertising purposes does not want the other party may at any time at the MOXIE info@moxie-gmbH.de by e-mail. MOXIE will delete the data of the contractor then immediately.
By ordering the contractor agrees to the storage of their personal details. He explained further agree that MOXIE provides this data in the event of lack of conformity of the contracting party to such companies / persons on, which MOXIE uses to enforce existing claims against the contractor.
Is responsible in terms of data protection laws
Director: Jodie Urcioli
Tel 0049 (0) 30/30839802
Fax: 0049 (0) 30/30839803
If the other party has questions about privacy, wishes to exercise any rights or claims to his personal data, is requested to send an e-mail to info@moxie-gmbH.de.
MOXIE protects the transmission of the data of the contracting party with a secure SSL connection. (Secure Socket Layer) SSL is a security technology that guarantees that the personal data, including credit card information, login information and the payment the contractor will be transferred securely over the Internet. All transmitted data are encrypted via SSL.
In-Store MOXIE Cookies are used to enable smooth functionality of the shopping cart and thus convenient shopping. This ensures that addressee and pre-selection can be clearly associated with one another. On submit and emptying of the basket of goods entered the deletion is automatically initiated by the cookie. Entered address data can be obtained. Thus, not all address data must be re-entered on the next visit of the MOXIE stores. A connection between the data stored in the cookie data and the visitors personal data of the contracting party is not thereby established.
13th Google Analytics
MOXIE uses Google Analytics, a Webanalaysedienst by Google Inc. ("Google"). Google Analytics uses "cookies", text files which are stored on the computer of the contractor and allow an analysis of the use of the site by the contractor. The information generated by the cookie about your use of this Website by the contractor (including the IP address) is transferred to a Google server in the USA and stored there. On behalf of MOXIE Google will use this information to evaluate the use of the site by the contractor, compiling reports on website activity for MOXIE and providing other with website and internet related services to MOXIE.
Google may also transfer this information to third parties, unless required by law or where such third parties process the information on Google's behalf. Which is within the scope of Google Analytics The browser of the contractual partner IP address is not associated with any other data held by Google.
The contractor may prevent the collection of data generated by the cookie about the use of the site by the contractor data (including the IP address of the contractor) to Google and the processing of these data by Google by the contractor in available under the following link download and install plugin: (http://tools.google.com/dlpage/gaoptout?hl=de). MOXIE has the Party - in view of the discussion on the use of analytical tools with complete IP addresses - indicates that on this website, Google Analytics code "gat._anonymizelp ()", has been extended to an anonymous collection of IP addresses to ensure.
14th Final determination
This contract is subject to German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The choice of law does not mean that the contractor, if he is a consumer, the protection is removed, which is granted to him by those provisions which by the law which would govern the absence of choice, can not be derogated from by agreement. The choice of law also does not affect the application of international mandatory rules of the law of the court seised.
If the contractual partner is a merchant, Berlin is the place of jurisdiction for all claims in connection with the business relationship and performance.
Additional and divergent agreements must be confirmed in writing by legal MOXIE. This also applies for the cancellation in writing.
Should a provision be or become invalid, this shall not affect the validity of the remaining provisions. The Parties agree to replace any invalid provision by a valid, economic, and comes close to legally possible to the invalid provision.
15th Batteries and accumulators, waste / implementation of the WEEE
Note to § 12 BattV
In connection with the sale of batteries and accumulators MOXIE is a dealer in accordance with battery legislation obligates, as a consumer to notify the contractor to:
The contractor is legally obliged to return batteries. The contractor may return them after use to the retail outlet of MOXIE, a municipal collection center or to your local shop.
Batteries containing pollutants are marked with a sign consisting of a crossed-out trash and the chemical symbol (Cd. Hg or Pb) for the classification of a pollutant ls the heavy metal.
Note to § 10 Electrical and Electronic Equipment
MOXIE is obliged to inform the other party as a consumer according to § 10 Electrical and Electronic Equipment:
Be disposed of separately Altelektrogeräte. MOXIE has committed to withdraw the product sold by MOXIE "TempTest 4.0" directly by the contractor and ensure the correct disposal times. The contractor has therefore returned within Germany for disposal of electrical equipment MOXIE. The contractor will call 30839802 Report to dispose of electrical equipment MOXIE on Tel 0049 (0) 30 /. MOXIE will pick up your disposed electrical appliance immediately. The parties arising from the disposal of any costs. The customer sells the products obtained from MOXIE to third parties within Germany, the contractor will ensure that the third party Altelektrogeräte also returns by message at the above phone number in order to pick at MOXIE. The third party will be billed by the disposal no cost.
The contractor sells the product "TempTest 4.0" further to households, the information provided by MOXIE available to be forwarded.
16th Additional special rules for paid download distributed by MOXIE psychometric instruments (questionnaires) to determine the activities and effects of diseases