Terms & Conditions
This agreement applies as between you, the User of this Web Site and mossa minimal, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Scope of application
These terms and conditions apply in their current version to the online contractual relationship between mossa minimal and the purchaser of goods from the mossa minimal online shop. Any terms and conditions of the customer that conflict with or deviate from the following provisions shall not apply.
2. Conclusion of Contract, Accessibility of Contract Data after Conclusion of Contract
Goods can be ordered exclusively on the homepage of mossa minimal www.mossaminimal.com. After you, as the customer, have selected all the goods you wish to purchase on the aforementioned homepage by means of the menu item "add to shopping basket", have then entered the data required for ordering the goods and a possibly different delivery address and, in a third step, have selected one of the possible payment methods (cf. § 4), all these data will be displayed again in full in a summary. You then have the opportunity to check all entries and, if necessary or desired, to enter changes. Only when you order the goods in a next step by clicking on the menu item "Buy now" do you make an offer for the conclusion of a purchase contract for the goods in the shopping basket.
You will receive a confirmation of receipt of the goods order by e-mail (order confirmation). This order confirmation is merely a notification of the actual receipt of the order by mossa minimal, it does not constitute an acceptance of your contractual offer. A contract between you and mossa minimal will only be concluded if mossa minimal accepts your offer by delivering the goods and sending you a further e-mail in which mossa minimal confirms the dispatch of the goods (dispatch confirmation).
If the goods are not in stock at the time of the order but will be available again in the next few days, you will receive a notice about a partial delivery option before you choose the payment method. You can then decide whether you want to make a purchase offer now for the part of the order that will only be available later. The goods available later will then be sent to you as soon as possible by way of a separate delivery. Even in the case of partial deliveries, shipping costs or, if applicable, cash on delivery charges (cf. § 5) will only be incurred once (to be paid with the first partial delivery).
The performance period shall be extended appropriately if non-compliance with the performance period is due to an event of force majeure, i.e. an unforeseen event over which we have no influence and for which we are not responsible (e.g. official measures and orders (irrespective of whether these are valid or invalid), fire, floods, storms, explosions or other natural disasters, operational disruptions, industrial disputes, strikes, lock-outs or exclusion caused thereby). This shall also apply if such an event occurs during a delay in delivery or at one of our upstream suppliers or if the necessary information is not provided by you in good time. We shall be released from our obligation to perform if, through no fault of our own, we are not supplied on time with the correct goods ordered to fulfil the contract. If it is not possible to provide the service within the specified period due to the reasons mentioned above, both parties have the right to withdraw from the contract in whole or in part. The same shall also apply in the event of subsequent impossibility of performance of the contract for which we are not responsible. Claims for damages due to such a withdrawal do not exist. If one party intends to withdraw from the contract for the aforementioned reasons, it must inform the other party immediately. Please note that mossa minimal sells all goods only in household quantities. This refers both to the number of goods ordered as part of one order and to the placing of several orders for the same goods where the individual orders comprise a quantity customary in the household.
mossa minimal is free not to accept orders. The decision to do so is at mossa minimal's sole discretion. If mossa minimal does not accept your offer of a contract, mossa minimal will inform you immediately in writing, permissibly also by e-mail.
Even after conclusion of the contract, you can view these terms and conditions, which are part of the purchase contract, on mossa minimal's homepage at www.mossaminimal.com, print them from there and/or save them as a pdf document locally on a suitable data carrier. The usual functionality of the respective internet utility ("File", "Print" or "Save as") can be used for printing and saving. The text of the contract is not stored by mossa minimal and cannot be retrieved after the order process has been completed. However, you can print out the order data immediately after submitting the order or view it in the order confirmation sent to you.
3. Essential performance features of the contract, term of the contract
After conclusion of the contract, mossa minimal is obliged to ship the ordered goods to the delivery address stated in the order as soon as possible.
The customer is obliged to pay the price of the goods and the shipping costs (§ 5).
4. Due date of the purchase price, methods of payment, objections
The goods will only be dispatched against advance payment, unless you pay cash on delivery or by invoice. If an order cannot be fulfilled, any payment made in advance will be returned to you immediately.
The price for ordered goods or, if applicable, shipping costs (§ 5) shall become due upon sending the order. If you have agreed to a delivery in parts due to a temporary lack of availability of the desired goods in accordance with § 2, the price for the goods to be shipped at a later date shall also be due upon sending the order. In the event of payment by cash on delivery, the price shall only become due upon handover of the goods; in the event of payment by invoice, the price shall become due on the due date stated in the invoice.
You are only entitled to set-off if and insofar as your counterclaims are undisputed or have been legally established; this does not apply to claims due to defective goods. You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
5. Delivery, shipping costs, risk bearing
The goods are shipped by mossa minimal of Sant Marti de L’erm 5 1-3, 08970 Sant Joan Despi. The ordered goods will be shipped to the delivery address (shipping address) indicated in the order as soon as possible. Insofar as mossa minimal is in default for reasons for which mossa minimal is responsible, the provision shall apply to the limitation of liability.
Delivery shall be made by a delivery service qualified for this purpose. mossa minimal reserves the right to change the delivery service for reasons of economic efficiency.
The prices stated in the order process include the statutory value added tax and all other price components. The shipping costs will be clearly indicated in the shopping basket system and on the order page.
Shipping costs of the return shipment when exercising the right of cancellation: The return shipment cost will not be refunded to you. The legal regulations apply to the risk of destruction, loss, theft or damage of the goods.
6. Retention of title
In the case of consumers, we retain ownership of the purchased goods until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties. You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
7. Right of withdrawal and cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. For goods ordered as a single package and delivered separately, the withdrawal period is fourteen days from the day on which you or a third party other than the carrier and indicated by you has taken or has taken possession of the last goods. In order to exercise your right of cancellation, you must send us
Sant Marti de L’erm 5 1-3
08970 Sant Joan Despí
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of the cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest 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 repayment until we have received the goods back. You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to the following address:
Sant Marti de L’erm 5 1-3
08970 Sant Joan Despí
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. 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 the condition, properties and functioning of the goods.
If you return the goods to us within the cancellation period without giving any reason, we will treat this as an exercise of your right of cancellation. The 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.
End of the cancellation policy
8. Warranty Conditions (Defects)
The statutory provisions shall apply to the warranty. Excluded from the warranty are damages which are due to natural wear and tear, improper use and lack of or incorrect care.
In the event of a warranty claim, please contact:
Sant Marti de L’erm 5 1-3
08970 Sant Joan Despí
9. Value added tax and currency
All price quotations for deliveries within the EU include the statutory VAT. Price quotations for deliveries to countries outside the EU are net prices and do not include the statutory VAT. The currency applicable on www.mossaminimal.com is EURO.
These General Terms and Conditions in their current version as well as all other announcements concerning the goods can be viewed on the homepage mentioned in § 2 as well as in the branches of mossa minimal.
11. Disclaimer for external links
mossa minimal refers to other sites on the internet with links on its pages. The following applies to all these links: mossa minimal has checked all pages as far as possible before linking and has not found any objectionable content. However, mossa minimal cannot and should not be expected to continuously monitor these pages without concrete evidence of a violation of the law. mossa minimal therefore hereby expressly declares that mossa minimal has no influence whatsoever on the design and content of the linked pages and does not adopt the content of all linked third-party pages as its own. This declaration applies to displayed links and to all contents of the pages to which links lead. Should you notice objectionable content on a linked page, please inform us at email@example.com. We will then check this immediately and remove the link if necessary.
12. Exclusion of liability with regard to representations and warranties
mossa minimal is only liable for damages caused by at least a grossly negligent breach of duty by mossa minimal or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of mossa minimal. Claims for culpable injury to life, body or health, for culpable breach of a cardinal obligation (essential contractual obligation, the fulfilment of which is a prerequisite for achieving the purpose of the contract and on which the contractual partner may rely) and under the Product Liability Act shall remain unaffected.
13. Image rights
The rights to all pictures and graphics on the mossa minimal website are owned by mossa minimal or its partners. Any use without express consent is not permitted.
14. Applicable Law, Place of Jurisdiction, Contractual Language
The business relationship shall be governed by Spanish law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, the application of Spanish law shall not result in the purchaser losing the protection afforded by the consumer protection regulations of the country in which he has his habitual residence.
15. Information on dispute resolution for consumers:
We shall endeavour to reach an agreement with the customer at all times. Use our service contact at firstname.lastname@example.org or our other specified contact options. The European Commission provides a platform for online dispute resolution (OS) with further information, which can be accessed on the Internet at http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final Provisions
mossa minimal is entitled to send contract-relevant and contract-effective communication, such as acceptance of the contract, in a legally binding manner by electronic means (e-mail) to the e-mail address provided by the customer in the context of the online order.