Terms of Service

Terms of Service

Terms and conditions of the company Mosbay, owned by Dipl. Kfm. (FH)Daniel M. El Bayoumi Celsiusstr. 67, 53125 Bonn, Germany, hereinafter referred to as seller.

  1. Scope and definitions
  2. Conclusion of contract, storage of the contract text
  3. Prices, shipping costs, terms of payment, due date
  4. Delivery and shipping conditions
  5. Retention of title
  6. Right of withdrawal of the customer as a consumer
  7. Liability for defects (warranty)
  8. Contract language
  9. Fulfillment and jurisdiction
  10. Alternative Dispute Resolution
  11. Final provisions

 

  1. Scope and definitions

 

These Terms and Conditions (hereinafter referred to as "Terms") of the Company:

Mosbay, owned by Daniel M. El Bayoumi (hereinafter referred to as "Seller"), shall apply to all business relationships (contracts for delivery of goods or services) between the consumer or contractor (hereinafter referred to as "Customer") and the Seller concludes, at its time of Order valid version.

 

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur i. P. D. Terms and conditions are natural or legal persons or legal partnerships that act in the course of the legal transaction in the exercise of their commercial or independent professional activity. Customer i. P. D. Business conditions are both consumers and entrepreneurs.

 

Individual written contract agreements take precedence over these terms. Deviating, conflicting or supplementary terms and conditions do not become part of the contract, unless their validity is expressly agreed.

 

  1. Conclusion of contract, storage of the contract text

 

The following provisions regarding the conclusion of the contract apply to orders via our Internet shop https://www.mosbay.de / https://www.mosbay.com /.

 

In the case of the conclusion of the contract, the contract is concluded with

Mosbay
Dipl. Kfm(FH) Daniel M. El Bayoumi
Celsiusstr. 67
D-53125 Bonn

Germany

 

The order can be made by the customer on the seller's website or by phone, in person, as well as in writing by email or letter. The customer's order represents a binding offer to conclude a purchase contract for the ordered goods. If an online shop of the seller is available, the customer can place the selected goods and services in the virtual shopping cart and go through the ordering process, By clicking on the button that completes the ordering process, the customer submits a legally binding contract offer in relation to the goods in the shopping cart.

 

The seller will confirm the receipt of the customer's order immediately by e-mail.
1) The purchase contract comes with payment in advance / bank transfer, invoice, not already with this order confirmation, but only with sending a separate e-mail with an order confirmation or delivery of the goods. The seller is entitled to accept the contractual offer in the order within 5 working days. Saturdays are not considered working days. An assumption is the same if the seller delivers the goods ordered within this period.

2) When paying by PayPal and credit card, the contract already comes with payment order by the customer.

 

The conclusion of the contract is subject to the proviso, in the case of incorrect or improper self-supply, not or only partially. The seller will make every reasonable effort to obtain the goods. Otherwise, the consideration will be refunded immediately. In case of unavailability or only partial availability of the goods, the customer will be informed immediately.

 

If the Seller's order confirmation contains typographical or typographical errors or if his pricing is based on technical errors of transmission, he is entitled to contest, whereby the Seller must prove the error. Already made payments are refunded to the customer in this case immediately.

 

The German and English languages are available for the conclusion of the contract. Unless otherwise agreed, all payments are to be made in Euro (€) plus VAT.

 

The customer must ensure that the email address specified during the order processing is correct and that the emails sent by the seller can be received.

 

The text of the purchase contract is stored after conclusion of the contract and is accessible to the customer.

 

  1. Prices, shipping costs, terms of payment, due date

 

The indicated prices include the statutory sales tax and other price components. In addition there are any shipping costs.

 

Deliveries outside the European Union may incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include e.g. Fees for transfer of money by credit institutions, exchange rate charges and import duties or taxes (customs duties). Costs of transferring money can also occur if the customer makes the payment from a country outside the European Union but the delivery is made within the European Union.

 

The payment options are communicated to the consumer in the shop. The consumer has the option of paying in advance (bank transfer at the latest within 5 working days), PayPal, credit card (Visa, Mastercard, Amex).

 

If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract (at the latest within 5 working days).

 

When paying by means of a payment method of the payment service provider PayPal, payment is made via PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Service for Registered PayPal Users, available at https://www.paypal.com/webapps/mpp /ua/useragreement-full?locale.x=en_US, as well as for PayPal guest users at https://www.paypal.com/webapps/mpp/ua/privacywax-full?locale.x=en_US

 

If paying by credit card, payment will be made through the payment service Mollie Payments,
Keizersgracht 121, 1015CJ Amsterdam, Nederlands., for more information: https://www.mollie.com/

 

If paying via Google pay, payment will be made through the Google Pay payment service
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4
Ireland
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=DE

 

  1. Delivery and shipping conditions

 

Unless stated otherwise in the product description, all items offered by us are ready to ship. Delivery takes between 3 and 5 working days. In this case, the deadline for delivery in the case of payment in advance on the day after the payment order begins to run to the bank charged with the transfer and for all other payment methods the day after conclusion of the contract. If the deadline ends on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

 

The delivery of the waiting takes place on the dispatch way to the delivery address specified by the customer, unless otherwise agreed.

 

If the delivery is returned to us due to refusal of acceptance or non-acceptance, the customer shall bear the full cost of the return. These are currently 4.90 € for Germany, 12.95 € for Austria and 14.95 € for all other countries, even with free shipping.

 

The risk of accidental loss and accidental deterioration of the sold item is transferred to the purchaser only with the handover of the item to the buyer.

 

Pickup of the goods is not possible for logistical reasons.

 

  1. Retention of title

 

The seller reserves ownership of the goods until full payment of the purchase price.

 

Before the transfer of ownership to the customer, a pledge, transfer, processing and transformation without our permission is not permitted.

 

In case of breach of contract by the customer, default of payment, false creditworthiness information or in the case of an application to open insolvency proceedings, the seller is entitled to withdraw from the contract and to demand the goods, if the consideration has not yet been provided in full.

 

  1. Right of withdrawal of the customer as a consumer

Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:

Cancellation

Withdrawal

The right of withdrawal according to the Distance Selling Act for private consumers in the mail order, grants the customer a free 14-day right of withdrawal regarding the goods purchased from us.

 

For goods, which were manufactured according to customer specification or which are not suitable due to their condition for a return, there is no right of withdrawal.

 

Furthermore, the right of withdrawal does not apply to sealed and reproducible goods such as food, food supplements, hygiene articles and software, provided they have been unsealed or used.

 

The consumer bears the return costs for the return.

 

The period begins with receipt of the goods. The revocation does not have to contain a justification and must be made within two weeks in writing or by returning the goods. Deadline is sufficient for the timely dispatch. The revocation must be sent to: Mosbay - Daniel El Bayoumi, Celsiusstr. 67, 53125 Bonn, Germany

 

The goods can only be delivered in their original packaging with complete accessories and associated manuals. To avoid damage to the goods, please ensure adequate packaging with safety devices. Please enclose a copy of the invoice. In order to avoid unnecessary costs, please do not return the goods unfree and omit special shipping methods (express, cash on delivery, etc.). Please send the goods to the following recipient:

ISN-Gruppe, Am Dornbusch 9, 61250 Usingen, Germany

 

Tell us and your bank details so that we can arrange a refund.

 

For the transfer of use or use of the goods and for other services until the time of revocation, their value is to be paid to us.

 

****************************************************************************************************

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To :
Mosbay,
Dipl. Kfm(FH) Daniel M. El Bayoumi
Celsiusstr. 67
D-53125 Bonn

Germany
E-Mail support@mosbay.com

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

_____________________________________________________

Ordered on (*) / received on (*)

__________________

Name of the consumer (s)

_____________________________________________________

Address of the consumer (s)

_____________________________________________________

Signature of the consumer (s) (only when notified on paper)

__________________

Date

__________________

(*) Delete as appropriate.

****************************************************************************************************

 

  1. Liability for defects (warranty)

 

The warranty is subject to legal regulations. Deviation can be found in § 7 of these terms and conditions.

 

Pictures do not always correspond to the products and are basically intended as symbolic photos.
Ordered goods may differ slightly from the goods shown on our websites to the extent reasonable.

 

The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller about this.

 

The customer undertakes to notify in writing recognizable defects of the goods, incorrect and incomplete deliveries as well as quantity deviations at the latest one week after delivery of the goods. Further defects must be reported immediately. For defects that were not communicated in time, no warranty.

 

The seller warrants that the delivered products are free from defects, including the lack of warranted characteristics. The technical data and descriptions in product information alone do not constitute an assurance of certain characteristics. An assurance of properties in the legal sense is only fulfilled if the respective information has been confirmed in writing by the seller. A constant and error-free usability of hardware cannot be guaranteed according to the current state of the art.

 

Defects are treated in accordance with the statutory liability for defects. In the case of defects, consumers have the choice whether to demand supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it can only be implemented at disproportionate costs and another type of subsequent performance without significant disadvantages for the consumer remains. In the case of companies, the seller initially warrants for defects in the goods at his discretion by repair or replacement.

 

Unless otherwise agreed, the goods to be replaced or repaired must be returned to the seller in their original packaging, with all accessories and manuals, in order to eliminate or remedy any defects. If the customer does not comply with this obligation, the warranty is void.

 

The above paragraphs contain the final warranty for delivered goods and exclude other warranty claims or claims for damages of any kind. The liability as a manufacturer under the Product Liability Act remains unaffected.

 

Insofar as the seller undertakes to pay damages in accordance with the above provision, the claim for compensation shall be limited in amount to the damage foreseeable at the time the contract was concluded.

 

Claims for damages due to tort, fault upon conclusion of a contract or positive breach of contract against the seller must be asserted immediately in writing and become statute-barred no later than one year from the date of delivery.

 

If a notice of defects proves to be unjustified and if the customer could have recognized this with due regard to the care and diligence expected of him, he shall reimburse the seller for all expenses incurred as a result of the unjustified complaint.

 

  1. Contract language

The contract language is German and English only.

 

  1. Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

  1. Fulfillment and jurisdiction

The place of fulfillment is the respective location of the branch. If both parties to this contract are merchants, the place of jurisdiction of the local branch of the branch is agreed as the place of jurisdiction.

 

 

  1. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Consumers have the opportunity to use this platform to resolve their disputes.

 

  1. Final provisions

Should a provision of these General Terms and Conditions be ineffective, the contract remains otherwise valid. In place of the invalid provision, the relevant statutory provisions apply. German law applies to this contract with the exception of the provisions of international private law and the UN Sales Convention. For all disputes arising from this contract, unless otherwise required by law, Bonn, Germany is the place of jurisdiction.

  

January 2020

Free terms and conditions created by agb.de, modified by mosbay.de / mosbay.com, translated into english.