Contractual conditions within the framework of purchase contracts concluded via the moao.shop platform between

MILEZO GmbH – Gahbergstrasse 4, 4852 Weyregg am Attersee, Austria
- hereinafter "Provider" -
and the customer specified in Section 2 of the contract
- hereinafter “customer” -
getting closed.

1 Scope, definitions

The following general terms and conditions apply exclusively to the business relationship between MILEZO GmbH (hereinafter “provider”) and the customer (hereinafter “customer”) in the version valid at the time of the order. Differing conditions from the purchaser will not be recognized unless the provider expressly agrees to their validity in writing.

The customer is a consumer if the purpose of the deliveries and services ordered cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

2 Conclusion of contract

The customer can select products from the provider’s range and “add them to the shopping cart”. By placing an order, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.

The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation).

3 Delivery, product availability

If no copies of the product selected are available at the time of the customer's order, the provider will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance. A contract is not concluded in this case.

If the product specified by the customer in the order is only temporarily unavailable, the provider will also immediately inform the customer of this in the order confirmation. If delivery is delayed by more than four weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made.

4 Retention of title

The delivered goods remain the property of the provider until full payment has been made

5 Prices and shipping costs

All prices stated on the provider's website include the applicable statutory sales tax.

The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his or her right of withdrawal.

Any customs fees that may arise must be borne by the customer.

The goods are shipped via parcel delivery. The provider bears the shipping risk if the customer is a consumer. If a storage contract (= specification of storage location) has been concluded with the shipping service provider, the risk lies with the recipient.

In the event of a cancellation, the customer must bear the regular return shipping costs if the goods delivered correspond to those ordered.

6 payment methods

After receiving the confirmation email from MILEZO GmbH, the customer is obliged to pay the purchase price into the MILEZO GmbH account. Only when a positive receipt of payment can be determined will the ordered goods be delivered to the customer by post.

7 Warranty for material defects, guarantee

The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.

An additional guarantee only exists for the goods delivered by the provider if this was expressly provided in the order confirmation for the respective item.

8 Liability

Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless the customer is claiming damages due to injury to life, body or health.

The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

The provisions of the Product Liability Act remain unaffected.

9 Cancellation policy

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Art. 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:

MILEZO GmbH
Return
Gahbergstrasse 4
4852 Weyregg am Attersee
Austria

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and, if applicable, any benefits (e.g. interest) surrendered. If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. Transportable items are to be returned at our risk. You must bear the regular return shipping costs if the goods delivered correspond to those ordered. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it.

Individualized products are excluded from this. These cannot be returned or exchanged.

End of revocation

10 tips on discount campaigns

In the case of free item promotions (e.g. with a minimum order value there is a free item, or with "buy 2 and pay 1") the item received free of charge must also be returned. Otherwise we cannot refund the amount paid.

11 Notes on data processing

    The provider collects customer data as part of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

    Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.

    12 final provisions

    The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.

    If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

    The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.