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Terms of Service

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

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/ ,