For the handling and operation of the online store we rely on the experience and expertise of our partner Mokka Merch. Consequently, these terms and conditions apply to the sale of our merchandise items:
§1 Contractual Partner
(1) On the basis of these General Terms and Conditions (GTC), a contract is concluded between the Customer and Mokka Supply UG (limited liability), represented by Walter Börst, address: Beusselstr. 71, 10553 Berlin, e-mail address: firstname.lastname@example.org, commercial register: Berlin, commercial register number: HRB 169695 B, sales tax identification number: DE302405959, hereinafter referred to as Mokka, the contract is concluded.
§2 Responsibility for online offer
(1) Two types of stores are available via the platform of Mokka. On the one hand, stores that are designed and operated by Mocha itself (“Mocha Shops”), and on the other hand, stores that are designed and operated by independent artists or designers (“Artist Shops”). Information about the respective operator of a store can be seen via the link “Imprint” in the respective store.
(2) Mokka is responsible for the articles and motifs offered in a “Mokka Shop” and the overall design of the store.
(3) The Artist alone is responsible for the articles and motifs offered in an “Artist Shop” and the design of the store as well as the advertising of the articles offered. Mokka expressly does not adopt these contents of the Artist as its own, insofar as they are not in accordance with the regulations of these GTC and / or the regulations of the Artist GTC. This applies in particular with regard to violations by the Artist of the obligation to use exclusively these GTC of Mokka in their stores vis-à-vis the end customers.
§3 Subject matter of the contract
(1) This contract regulates the sale of new goods from the area(s) of secondary marketing, merchandise and designs via Mokka’s online store. For details of the respective offer, please refer to the product description on the offer page.
§4 Conclusion of contract
(1) The contract is concluded exclusively in electronic business transactions via the store system. In this context, the offers presented constitute a non-binding invitation to submit an offer through the customer’s order, which Mokka may then accept.
(2) The ordering process for the conclusion of the contract includes the following steps in the store system: -selection of the offer in the desired specification (size, color, quantity)
-Adding the offer to the shopping cart
-Click on the ‘Checkout’ button
-Enter the billing and shipping address
-Selection of the payment method
-Pressing the ‘Buy Now’ button
-confirmation email that order has been received
(3) With the sending of the confirmation email the contract is concluded.
(4) As a platform provider, it is not possible for Mokka to check all print motifs created by artists or designers in advance for any infringements of rights. Mokka reserves the right to reject orders received within the statutory acceptance period if it becomes known or suspected during the ordering process that a print motif infringes third-party rights or statutory regulations.
§5 Duration of the Contract
(1) Subject to termination, the Contract shall have a term equal to the number of Deliveries ordered by the Customer.
(1) Mokka reserves the right to provide a service equivalent in quality and price. The service shown in the store is exemplary and not the individual, contractual service. Mocha reserves the right not to provide the promised service in case of unavailability.
§7 Prices, shipping costs, return costs
(1) All prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped. If a right of withdrawal exists and is used, the customer bears the costs of the return.
§8 Terms of payment
(1) The customer has exclusively the following options for payment: advance bank transfer, direct debit, cash on delivery, payment service provider (PayPal), credit card. Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account indicated there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. The invoice amount shall be collected by Mokka by direct debit on the basis of the Customer’s direct debit authorization from the Customer’s specified account. In the case of cash on delivery, the cash on delivery amount will be paid in cash to the deliverer upon delivery, and the deliverer will charge a cash on delivery fee. When using an escrow service/payment service provider, the escrow service/payment service provider allows Mocha and customers to process payment between themselves. In doing so, the escrow service/payment service provider forwards the customer’s payment to Mokka. For more information, please visit the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the stated amount to the account indicated on the invoice within 14 days after receipt of the invoice.
(2) Payment is due from the date of invoice without deduction. After the expiry of the payment deadline, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting with claims of the customer is excluded, unless these are undisputed or legally established.
§9 Terms of delivery
(1) The goods will be shipped immediately after receipt of the order. The shipment takes place on average after 5 days at the latest. The entrepreneur undertakes to deliver on the 15th day after receipt of the order. The standard delivery time is 3 days, unless otherwise stated in the item description.
(2) Mocha shall ship the order either from its own warehouse as soon as the entire order is in stock there or the order shall be shipped by the manufacturer as soon as the entire order is in stock there. If Mokka is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in due time, Mokka shall have the right to withdraw from a contract with the Customer in this respect. The customer will be informed immediately and any services received, in particular payments, will be refunded.
(1) Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (GTC).
(2) If the customer is an entrepreneur, the warranty period for new goods shall be limited to one year. Mocha is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur.
(3) If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this shall not apply to claims for damages following grossly negligent or intentional breach of duty by Mokka or its legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
§11 Contract design
(1) If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in case of shipment upon delivery of the goods to the selected service provider for this purpose. The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process.
§12 Right of withdrawal and customer service
(1) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day,
(a) In the case of a purchase contract: on the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the last goods.
(b) In the event of a contract for several goods ordered by the consumer as part of a single order and delivered separately: on the date on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the last goods.
(c) In the event of a contract for the delivery of goods in several partial consignments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.
If several alternatives coincide, the last point in time is decisive.
To exercise your right of withdrawal, you must notify us (Mokka Supply UG (Haftungsbeschränkt), Walter Börst, Beusselstr. 71 10553 Berlin email@example.com) by means of a clear declaration (e.g. a letter sent by mail, fax, or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of revocation
If you withdraw from this contract, we must return to you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to Mokka Supply UG (Haftungsbeschränkt), Walter Börst, Beusselstr. 71 10553 Berlin firstname.lastname@example.org to be returned or handed over to us. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(3) Exceptions to the right of withdrawal
A right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Also excluded are virtual products that have either already been downloaded or activated.
End of the cancellation policy
(1) Claims for damages by the customer are excluded, unless otherwise stated in the following. This shall also apply to Mokka’s representative and vicarious agents if the Customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this shall not apply to claims for damages following grossly negligent or intentional breach of duty by Mokka or its legal representative or vicarious agent.
§14 Prohibition of assignment and pledge
(1) Claims or rights of the Customer against Mokka may not be assigned or pledged without the Customer’s consent, unless the Customer has proven a legitimate interest in the assignment or pledge.
§15 Language, place of jurisdiction and applicable law
(1) The contract shall be drawn up in German. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident.
§16 Data protection
(1) In connection with the initiation, conclusion, execution and reversal of a purchase contract based on these GTC, Mokka shall collect, store and process data. This is done within the framework of the legal provisions. Mocha shall not disclose any personal data of the Customer to third parties, unless it would be legally obliged to do so or the Customer has given its prior express consent. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with.
(2) The data provided by the customer in the course of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the execution of the contract and only for the purpose for which the customer provided the data. The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution commissioned with the payment. Insofar as Mocha is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years.
(3) During the visit to Mokka’s Internet store, pseudonymized data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Mokka Supply UG (limited liability),Walter Börst, Beusselstr. 71, 10553 Berlin, email@example.com.
§17 Severability clause
(1) The invalidity of any provision of these GTC shall not affect the validity of the other provisions.