GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents
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Scope
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Conditions
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Applicable Law
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Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mussa Ltd, trading as "Mussa Ltd" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into 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 to submit a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days:
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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 is decisive; or
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by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
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by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this 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 a payment method offered via PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under the applicable PayPal terms and conditions. If the Customer selects a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.
2.5 After conclusion of the contract, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter). The Seller does not make the contract text accessible beyond this.
2.6 Before submitting a binding order via the online order form, the Customer can recognize input errors by carefully reading the information displayed on the screen. A useful technical means for better detecting input errors may be the browser’s zoom function. The Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact generally 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. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which must be borne by the Customer. These include, for example, transfer fees charged by credit institutions or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not made to a country outside the EU but the Customer makes payment from outside the EU.
4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If a payment method offered via PayPal is selected, payment processing is carried out via PayPal. If the Seller offers payment methods via PayPal where the Seller makes advance performance (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal. A credit check may be carried out. If approved, payment must be made exclusively to PayPal or the commissioned provider with discharging effect.
4.5 If the payment method “SOFORT” is selected, payment processing is carried out via SOFORT GmbH, Munich. The Customer must have an online banking account activated for participation and confirm the payment instruction. The transaction is executed immediately thereafter.
4.6 If a payment method offered via “Shopify Payments” is selected, payment processing is carried out by Stripe Payments Europe Ltd., Dublin, Ireland. Further details are available in the respective payment terms.
4.7 If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Stripe reserves the right to carry out a credit check.
4.8 If a payment method offered via “Klarna” is selected, payment processing is carried out via Klarna Bank AB (publ), Stockholm, Sweden. Further details are available in Klarna’s terms and conditions.
5) Delivery and Shipping Conditions
5.1 Delivery is made within the Seller’s specified delivery area to the delivery address provided by the Customer.
5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred. This does not apply to shipping costs if 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 passes to the Customer once the goods are handed over to the carrier. If the Customer acts as a consumer, risk passes upon delivery unless the Customer has independently commissioned the carrier.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible and has concluded a covering transaction with due care. The Customer will be informed immediately and any consideration refunded.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides advance performance, it retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Statutory liability for defects applies unless otherwise specified below.
7.1 If the Customer acts as an entrepreneur:
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The Seller may choose the type of subsequent performance.
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The limitation period for defects in new goods is one year from delivery.
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Warranty rights for used goods are excluded.
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Replacement delivery does not restart the limitation period.
7.2 The above limitations do not apply:
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to claims for damages or reimbursement of expenses,
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if the Seller has fraudulently concealed the defect,
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for goods used in accordance with their usual purpose for a building and causing its defectiveness,
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for any obligation to provide updates for digital products.
7.3 Statutory limitation periods for recourse claims remain unaffected.
7.4 Merchants within the meaning of § 1 HGB are subject to the commercial duty to inspect and notify defects pursuant to § 377 HGB.
7.5 Consumers are requested to report obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect statutory warranty claims.
8) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the country in which the consumer has their habitual residence are not deprived.
9) Alternative Dispute Resolution
9.1 The European Commission provides a platform for online dispute resolution (ODR) at:
https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If you would like, I can also format this into a legally polished UK or US-compliant version depending on where Mussa Ltd operates.