Terms of Service
1. Scope
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A
consumer is any natural person who enters into a legal transaction for
purposes which are predominantly neither commercial nor self-employed.
Entrepreneur is a natural or legal person or a legal partnership that,
in the course of entering into a legal transaction, acts in the exercise
of its commercial or independent professional activity.
With
regard to entrepreneurs, these terms and conditions also apply to
future business relationships, without us having to refer to them again.
If the entrepreneur uses conflicting or supplementary terms and
conditions, its validity is hereby contradicted; they only become part
of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Stefan Münch.
By
placing the products in the online shop, we make a binding offer to
conclude a contract for these items. You can initially put our products
into the shopping cart without obligation and correct your entries at
any time before submitting your binding order by using the corrective
aids provided and explained in the ordering process. The contract is
concluded by accepting the offer for the goods contained in the shopping
cart by clicking on the order button. Immediately after sending the
order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language available for the contract is German.
The contract text is not stored by us.
4. Terms of delivery
In
addition to the stated product prices shipping costs may still apply.
For further details on any applicable shipping costs, please refer to
the offers.
You
have the option of picking up at BMW Kiosk Alfter, Pelzstrasse 30,
53347 Alfter, Germany during the following business hours: Monday to
Sunday from 19:00 to 23:00 (also on public holidays) or by appointment.
Please inform us at least two working days before your pickup, so that
we can deliver the goods from our warehouse. You can also pay by debit
card and PIN.
5. Payment
In our shop you can basically use the following payment methods:
Payment in advance
If
you select the payment method in advance, we will give you our bank
details in separate e-mail and deliver the goods after receipt of
payment.
SOFORT by Klarna
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, you must legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Cash on pickup
You pay the invoice amount when picking up cash.
6. Retention of title
The goods remain our property until full payment.
For
entrepreneurs applies in addition: We reserve the ownership of the
goods until the complete settlement of all claims from an ongoing
business relationship. You may resell the reserved goods in ordinary
business; All claims arising from this resale shall be assigned to us in
advance - irrespective of any combination or mixing of the goods
subject to retention of title with a new item - and we accept this
assignment. You remain authorized to collect the claims, but we may also
collect claims yourself, as long as you do not meet your payment
obligations.
7. Transport damage
For consumers:
If
goods are delivered with obvious transport damage, please complain
about such errors as soon as possible to the deliverer and please
contact us immediately. The failure to file a complaint or contact has
no consequences for your statutory claims and their enforcement, in
particular your warranty rights. However, they help us claim our own
claims against the carrier or the transport insurance.
For entrepreneurs applies:
The
risk of accidental loss and accidental deterioration will be
transferred to you as soon as we have delivered the item to the shipper,
the carrier or the person or institution otherwise responsible for
carrying out the shipment. For merchants, the duty to inspect and to
reprimand, which is regulated in § 377 HGB, applies. Omit the regulated
indication, so the
goods shall be deemed to have been approved unless it is a defect which
was not identifiable during the inspection. This does not apply if we
have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory warranty rights apply.
When
buying used goods by consumers applies: if the defect occurs after one
year from delivery of the goods, the claims for defects are excluded.
Defects that occur within one year from delivery of the goods can be
asserted within the statutory limitation period of two years from the
delivery of the goods.
For
entrepreneurs, the limitation period for claims for defects in newly
manufactured items is one year from the passing of risk. The sale of
used goods is under exclusion of any warranty. The statutory limitation
periods for the recourse claim under § 445a BGB remain unaffected.
With
regard to entrepreneurs, the only agreement that applies to the
condition of the goods is our own details and the manufacturer's product
descriptions which were included in the contract; We accept no
liability for public statements made by the manufacturer or other
advertising statements.
If the
delivered goods are defective, we initially provide to entrepreneurs at
our discretion warranty by rectification of the defect (rectification)
or by delivery of a defect-free item (replacement).
The
above limitations and shortened terms do not apply to claims for
damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in
the case of breach of essential contractual obligations, the
fulfillment of which enables the proper execution of the contract in the
first place and on whose compliance the contractual partner may
regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of application of the Product Liability Act is opened.
Information
on any applicable additional guarantees and their exact conditions can
be found in the product and on special information pages in the online
shop.
9. Liability
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
with guarantee promise, as far as agreed, or
as far as the scope of application of the Product Liability Act is opened.
In
the event of a breach of essential contractual obligations, the
fulfillment of which enables the proper execution of the contract and
(contractual) obligations by ordinary negligence of us, our legal
representatives or vicarious agents, the liability shall be limited to
the amount foreseeable at the time the contract was concluded Damage
limited, which typically has to be expected. Incidentally, claims for
damages are excluded.
10. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
11. Protection of minors
If
your order includes goods the sale of which is subject to age
restrictions, we will ensure that the customer has attained the required
minimum age by using a reliable procedure involving personal identity
and age verification. The deliverer delivers the goods only after the
age check and only to the customer personally.
12. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are
you a merchant within the meaning of the Commercial Code, legal entity
under public law or special fund under public law, the exclusive place
of jurisdiction for all disputes arising from contractual relationships
between us and you is our place of business.
Rental conditions "Rent-a-Vap" Vaporizer rental
§ 1 Scope
§ 1 Scope
The
rental of rental equipment of any kind by MoJamba (hereinafter
"lessor") takes place exclusively on the basis of these terms and
conditions. If the customer is an entrepreneur, i.e. when the legal
transaction is in the exercise of a commercial or independent
professional activity, these conditions also apply to all future
business relationships and contracts, even if they are not expressly
agreed again. Terms and conditions of the customer or a third party that
conflict with or deviate from these terms and conditions will only
apply if the lessor expressly agrees to these differing terms and
conditions, otherwise these are contradicted.
§ 2 Order and conclusion of contract
(1)
The customer can order the loan equipment he wants online at the
Internet address https://www.mojamba.de/vaporizer-verleih/ or by phone
at 02222-8389147.
(2) A contract for the rental of a loan device is concluded with Stefan Münch, MoJamba-Smoking, Pelzstrasse 30, 53347 Alfter.
(3) As part of the order, the customer must first choose which device he wants to borrow for which period.
The
rental device and the rental period are selected in the lessor´s online
shop, in which the customer adds the rental device to the shopping cart
and clicks on the "Book now" button. Then the start of the rental and
the rental period as well as the number of rental devices can be
selected. The booking is completed by the customer
· Opens the shopping cart
· Checkout
· Registers as a registered customer, registered as a new customer or continues as a guest without registration
· Enter or check the delivery and invoice address
· Selects the shipping method and the method of payment
· Takes note of the cancellation policy and these rental conditions and confirms this
· And confirms the accuracy of his information by clicking on the "order with a fee" button at the end.
(4)
The possible rental period and the start of the rental will be
displayed or communicated to the customer when placing the order. After
submitting the order, the customer receives an order confirmation.
(5)
By submitting the order, a binding rental contract is concluded with
the lessor for the selected rental equipment and the specified rental
period.
(6) The contract is concluded exclusively in German.
§ 3 Correction of input errors / storage of the contract text
(1)
The contract declaration made by the customer in the context of the
order can be corrected at any time before clicking on the relevant
fields. After submitting the order, a correction is no longer possible.
(2)
The order for rent is saved by the lessor until the transaction is
completed. Should the customer lose documents relating to his orders, he
can contact the lessor by email. The lessor can send the customer a
copy of the order data as long as the order has not yet been fully
processed, i.e. the loaner has not yet been returned. After returning
the loan device, the order data will be deleted subject to the statutory
retention periods and can no longer be made available.
§ 4 Subject of the contract
(1)
The subject of the contract is the temporary rental of rental equipment
for the sole purpose of independent use at the customer's own risk and
responsibility. The loan device is either sent to the customer or can be
picked up by the customer at the lessor's premises after prior
agreement. The customer is obliged to return the rental equipment to the
lessor at his own expense and responsibility.
(2)
The rental devices are in a new / as good as new, perfect and undamaged
condition when handed over to the tenant. The rental item must be
returned in the same condition.
(3) Accessories such as mouthpieces, hoses, balloons etc. are not part of the contract and cannot be rented.
§ 5 prices and shipping costs / rent deposit
(1) All prices stated or indicated by the lessor include the statutory sales tax plus shipping costs.
(2)
In addition to the stated prices, shipping costs will be charged for
the delivery. The shipping costs are clearly shown on the shipping costs
overview, in the shopping cart system and on the order page.
(3)
Unless otherwise agreed in writing, the customer pays the rental price
including the rental deposit when taking over the rental equipment. The
rental deposit will only be reimbursed if all loaned equipment is
returned in full in the condition in which it was issued. The lack of
parts or accessories entitles the lessor to retain part or all of the
rental deposit.
§ 6 delivery
(1) The delivery of loan devices takes place exclusively within Germany.
(2)
The delivery time is a maximum of five working days. The period for
delivery begins with payment in advance or PayPal on the day after the
payment order has been placed with the transferring credit institution
and ends on the following fifth working day. If the last day of the
period falls on a Saturday, Sunday or a public holiday recognized by the
state at the place of delivery, the next working day will take the
place of such a day.
§ 7 payment methods
The following payment methods are generally available in our shop:
Payment in advance
If
you choose the payment method prepayment, we will give you our bank
details in a separate email and deliver the goods after receipt of
payment.
PayPal, PayPal Express
In
the ordering process, you will be redirected to the website of the
online provider PayPal. In order to be able to pay the invoice amount
via PayPal, you must be registered there or first register, legitimize
with your access data and confirm the payment instruction to us. After
placing the order in the shop, we ask PayPal to initiate the payment
transaction.
The payment
transaction is carried out automatically by PayPal immediately
afterwards. You'll get more information during the ordering process.
Cash on pickup
You pay the invoice amount in cash upon collection.
§ 8 rental period / return
(1) The lease is concluded for an indefinite period. The rental ends when the rental equipment is returned to the lessor.
(2)
Ordinary termination of the rental contract during the rental period
specified in the order is excluded. The right to extraordinary
termination remains unaffected by this.
(3)
An extension of the rental contract after the rental period specified
in the order takes place without further explanation on the part of the
customer by not returning the rental equipment at the end of the rental
period. During the extension of the rental period, the conditions
underlying the original rental period, in particular the rent agreed for
this, are deemed to be agreed.
(4)
The termination of the rental contract after the rental period
specified in the order can only be declared by returning the rental
equipment to the lessor. The rental period ends when the rental
equipment is received by the lessor. Any claims for reimbursement by the
lessor due to damage to the rental equipment remain unaffected.
If
the rental equipment is not returned on time, the lessor is entitled to
charge the period after the agreed return until the actual return with
an additional rent or alternatively to claim damages, in both cases the
amount is based on the agreed rent for the agreed rental period ,
(5)
If the tenant returns the loaned equipment to the lessor before
returning it, a full or partial reimbursement of the rent already paid
is excluded.
(6)
The rental equipment must always be returned to the lessor. The lessee
can either return the item personally or send the loaned equipment to
the lessor at his own risk and expense.
(7)
The loaned devices are to be returned in an orderly, customary
condition. The customer cleans and removes dirt, residues or other
foreign bodies. If cleaning by the lessor becomes necessary because the
customer has not carried it out or has not done so sufficiently, the
lessor reserves the right to invoice the customer separately according
to expenditure.
§ 9 warranty
The statutory provisions on warranty apply.
§ 10 liability / acceptance and transfer of risk
(1)
The lessor provides the customer with loan equipment exclusively for
private use within the statutory provisions of the Federal Republic of
Germany. The use of the rental equipment is always at the customer's own
risk, unless the lessor is liable from the following provisions.
Improper use of rental equipment, in particular operation with all types
of narcotics, is prohibited.
(2) The lessor is not liable for the fact that the rental equipment is approved or suitable for a specific use
(3)
The lessor is fully liable for damage to life, limb and health based on
a negligent or willful breach of duty by the lessor or his legal
representatives and agents. The lessor is also liable in accordance with
the statutory provisions for damages based on willful or grossly
negligent breaches of contract as well as malice on the part of the
lessor or his legal representatives and vicarious agents.
(4)
The lessor, on the other hand, is liable for damage caused by simple
negligence only insofar as the damage resulting from this is based on
the violation of rights that are to be granted to the customer according
to the content and purpose of the contract and / or on the violation of
obligations , the fulfillment of which enables the proper execution of
the contract in the first place and on the observance of which the
customer regularly trusts and can trust (cardinal obligations). In such a
case, the amount of liability is limited to three times the value of
the rent and the typically occurring damage.
(5) Any further liability is excluded regardless of the legal nature of the asserted claim.
(6) If the customer receives the rental equipment, the risk of loss and damage passes to the customer.
§ 11 purchase option
(1)
The customer has the option of purchasing all loan equipment. The
purchase and thus the transfer of ownership of the loan device in favor
of the customer can take place in the following way:
·
The customer pays the rent in the amount that was shown as the purchase
price on the internet shop https://www.mojamba.de at the time the order
for the rented device was placed;
·
The customer pays the difference between the purchase price, which was
shown on the internet shop https://www.mojamba.de at the time of
ordering the rental of the rented device, and the rental payments paid
to the lessor until then.
(2)
In both cases, upon full payment of the purchase price or remaining
price to the lessor, ownership of the rental equipment is transferred to
the customer. In this case, the regulations regarding the rental period
and return do not apply.
§ 12 ownership
(1)
The lessor remains the owner of the rental equipment until full payment
of the purchase price shown on the internet shop https://www.mojamba.de
at the time the rental of the rental equipment is placed.
(2)
During the rental period and before the acquisition of property
according to § 11, the customer is not entitled to lend the rental
equipment to third parties, to sell it, to transfer it to security or to
remove it from the lessor's access area in any other way. In the event
of seizure or other access by third parties, the customer must
immediately inform the respective creditor about the property of the
lessor and inform the lessor immediately.
(3)
It is forbidden to take the rental equipment outside of the Federal
Republic of Germany. In the event that rental payments are discontinued,
the lessor reserves the right to take civil and criminal action.
§ 13 final provisions
(1)
The law of the Federal Republic of Germany applies exclusively,
excluding the U.N. purchase law, unless the protection granted by
mandatory provisions of the law of the state in which the customer, who
is a consumer, is habitually resident, is withdrawn.
(2)
For contracts with merchants, i.e. customers who operate a trade, or
for other legal reasons are classified in the HGB as a merchant and with
legal entities under public law, Mönchengladbach is exclusively the
place of jurisdiction for all disputes arising directly or indirectly
from the contractual relationship.
(3)
Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute
resolution (OS), which you can find at
https://ec.europa.eu/consumers/odr/ ,