Terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) These general terms and conditions apply to contracts that you conclude with us as the seller (mokebo GmbH) via the website mokebo.de. Unless otherwise agreed, we object to the inclusion of any conditions of your own that you may use.

(2) A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

(3) These terms and conditions also apply to future business relationships with entrepreneurs without us having to point them out again. If an entrepreneur uses conflicting or supplementary general terms and conditions, we hereby object to their validity; they only become part of the contract if we have expressly agreed to them.

§ 2 Accessibility

(1) Pursuant to § 14 subsection 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you about how our website and our service in electronic commerce comply with the accessibility requirements of the relevant ordinance (BFSGV). This information is available via a separate, appropriately labeled button (e.g., "accessibility statement" or similar label) on our website and includes in particular the following points:

  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary to understand how the service is provided;
  • a description of how the service meets the applicable accessibility requirements.

(2) The contact details of the responsible market surveillance authority are as follows:

Market surveillance office of the Länder for the accessibility of products and services - public law institution (MLBF AöR)

Carl-Miller-Str. 6.
39112 Magdeburg
Phone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. You can find further details under the separate, appropriately labeled button mentioned in subsection 1 on our website.

(4) Our website and our service in electronic commerce is accessible if it can be found, accessed, and used by people with disabilities in the usual manner, without special difficulty, and generally without outside assistance.

(5) Measures to implement accessibility requirements include, for example, clearly visible font sizes and sufficient color contrast, navigation by mouse and keyboard, alternative text for images, subtitles and audio descriptions for videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and customizable display options for different devices (smartphones, tablets, desktop computers, etc.)

§ 3 Formation of contract

(1) The subject of the contract is the sale of goods.

(2) By posting the respective product on our website, we make you a binding offer to

conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is formed via the online shopping cart system as follows: The goods you intend to purchase are placed in the "shopping cart." You can access the "shopping cart" using the appropriate button in the navigation bar and make changes at any time. After clicking the "checkout" or "proceed to order" button (or similar label) and entering your personal data as well as payment and shipping terms, your order data will be displayed to you as an order summary.

If you select an instant payment system as your payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the instant payment system, you will make the appropriate selection or enter your data there. Finally, you will be shown your order data as an order summary either on the instant payment system provider's website or after being directed back to our online shop.

Before submitting your order, you have the option to review the information in the order summary, make changes (also using the "back" function of your internet browser), or cancel the order. By submitting your order using the appropriate button ("place order", "buy" / "buy now", "order now", "pay" / "pay now" or similar label), you make a legally binding declaration to accept the offer, which forms the contract.

(4) Your requests for a quotation are not binding on you. We will submit a binding offer to you in text form (e.g., via email), which you may accept within 5 days (unless a different deadline is stated in the respective offer).

(5) Order processing and transmission of all information required in connection with contract formation is handled by email, partly automatically. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically guaranteed, and in particular that it is not prevented by spam filters.

§ 4 Special provisions for offered payment methods

(1) Credit check

If we perform in advance, such as with payment on account or direct debit, your data will be passed to Klarna Bank AB, Sveavägen 46, 11134 Stockholm, Sweden, for credit assessment purposes based on mathematical-statistical procedures to protect our legitimate interests. We reserve the right to refuse you the payment method of invoice or direct debit based on the results of the credit check.

(2) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Invoice („Pay Later"): You can find the Klarna invoice terms for Germany here; the terms for the option to extend the payment deadline can be found here. The Klarna invoice terms for Austria can be found here; the terms for the option to extend the payment deadline can be found here.
  • Installment purchase („Financing"): You can find detailed information on installment purchase including the general terms and conditions and European standard information for consumer credit for Germany here; the terms for the "pay in 3 installments" payment option can be found here. You can find detailed information on installment purchase including the general terms and conditions and European standard information for consumer credit for Austria here; the terms for the "pay in 3 installments" payment option can be found here.

For more information about Klarna and the Klarna terms of use for Austria, please visit here and here.

(3) Payment via "PayPal" / "PayPal Checkout"

When you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under an appropriately labeled button on our website and in the online ordering process. PayPal may use additional payment services for payment processing; if special payment terms apply to these, you will be notified of them separately. For more information about PayPal, please visit here.

(4) Payment via "Shopify Payments"

When you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under an appropriately labeled button on our website and in the online ordering process. Stripe may use additional payment services for payment processing; if special payment terms apply to these, you will be notified of them separately. For more information about Shopify Payments, please visit here.

§ 5 Service provision for gift cards (gift card terms)

(1) Unless otherwise stated in the offer or on the gift card, we are the issuer of the gift card. Our name and address can be found in our contact details in the imprint.

(2) Purchased gift cards entitle you to redeem the gift card balance within the validity period. Gift cards can only be redeemed in our online shop at mokebo.de or, where applicable, in our physical store. The service description and the redemption conditions described therein apply at the time of purchase of the gift card.

(3) The gift card validity period is 3 years from the date of purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.

(4) The prerequisite for redeeming a gift card is full payment of the purchase price for the gift card. The gift card must be redeemed during the electronic ordering process on our website by entering the gift card code in the provided input field. Subsequent offsetting is excluded. Any remaining balance remains on the gift card and can be used in future orders.

(5) Only one gift card can be redeemed per order.

(6) After the withdrawal period has expired or the right of withdrawal for consumers has been forfeited, no refund or exchange will be made. A payout or partial payout of gift card balances is not possible. The gift card balance is not subject to interest. When exercising the statutory right of withdrawal for goods or services paid for with the gift card, the gift card amount included in the purchase price will be credited exclusively as a gift card. Unless otherwise stated, the validity period of the credited gift card corresponds to the validity period of the gift card used for the order.

(7) The gift card may be transferred or passed on.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention for claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price. For entrepreneurs, the following additionally applies: We reserve the right to retain ownership of the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention in the ordinary course of business; all claims arising from this resale are assigned to us in advance in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the shipping company of any complaints as quickly as possible. If you fail to do so, this will have no effect on your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before making the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects occurring within one year from delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods is excluded from any warranty whatsoever. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected. As against entrepreneurs, only our own information and product descriptions of the manufacturer included in the contract are considered an agreement regarding the nature of the goods; we do not assume liability for public statements by the manufacturer or other advertising claims. If the goods delivered are defective, we shall provide warranty against entrepreneurs initially, at our discretion, by eliminating the defect (subsequent performance) or by delivering goods free of defects (replacement delivery). The above limitations and shortened periods do not apply to claims for damages caused by us, our legal representatives, or performance agents by violation of life, body, or health, by intentional or gross negligent breach of duty, or fraud by violation of essential contractual obligations, the fulfillment of which first enables proper performance of the contract and on the observance of which the contracting partner may regularly rely (cardinal obligations) under a guarantee agreement, as far as agreed, insofar as the scope of the Product Liability Act is opened. Information on any additional warranties that may apply and their exact terms can be found with each product and on special information pages in the online shop.

§ 8 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence (most favorable law principle)

(2) The place of performance for all services under our business relationships and the place of jurisdiction is our location, insofar as you are not a consumer, but a merchant, legal entity governed by public law, or a public special asset. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the lawsuit is filed. This does not affect the power to also call upon a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

II. Customer information

1. Seller identity

mokebo GmbH
Flandrische Straße 2
50674 Cologne, Germany
Phone: +49 (0) 151 257 239 90 (reachable via WhatsApp)
Email: hello@mokebo.de

We are neither willing nor obligated to participate in dispute resolution procedures before consumer mediation offices.

2. Information on formation of contract

The technical steps for contract formation, contract formation itself, and correction options are governed by the provisions on "formation of contract" in our general terms and conditions (Part I.)

3. Language of contract, contract text storage

3.1. The language of the contract is German.

3.2. The complete contract text is not stored by us. Before submitting your order via the online shopping cart system, the contract data can be printed or electronically saved using your browser's print function. After your order is received by us, the order data, legally required information for distance purchase contracts, and the general terms and conditions will be sent to you again via email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or electronically save.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers as well as shipping costs are total prices. They include all price components including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. You can access them via an appropriately labeled button on our website or in the respective offer, they will be shown separately during the ordering process, and you must bear them in addition, unless free shipping has been promised.

For returns of parcel-shippable goods, return shipping costs are charged. You bear the direct costs of return shipping. The return shipping costs depend on the type of goods and the merchandise value of the returned items (according to your invoice amount):

Parcel goods – returns from Germany:

  • Merchandise value under €100: €6.90
  • Merchandise value €100–€400: €12.90
  • Merchandise value over €400: €19.90

Parcel goods – returns from outside Germany (AT, NL, etc.):

  • Merchandise value under €100: €9.90
  • Merchandise value €100–€400: €16.90
  • Merchandise value over €400: €24.90

For returns of non-parcel-shippable freight goods, return shipping costs of €139 apply, which will be deducted from your refund (Germany & international)

Customer service: You can reach our support for questions, complaints, and claims on business days from 9:00 AM to 1:00 PM via email hello@mokebo.de as well as via WhatsApp chat at +49 (0) 151 257 239 90

5.3. Costs incurred for money transfers (bank transfer or exchange rate fees of financial institutions) are to be borne by you in cases where delivery is to an EU member state but payment is initiated outside the European Union.

5.4. The payment methods available to you are displayed under an appropriately labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due immediately for payment.

6. Delivery terms

6.1. Delivery terms, delivery deadline, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a freight company or other person not designated by the seller to carry out the shipment.

6.3 Transport damage: For consumers: If goods are delivered with obvious transport damage, please file such complaints with the delivery person as soon as possible and contact us promptly. Failure to lodge a complaint or contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight forwarder or transport insurance company.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight company, the carrier, or the other person or institution designated to carry out the shipment. The examination and notice obligations regulated in § 377 HGB apply between merchants. If you fail to notify as regulated there, the goods are deemed approved, unless the defect was not recognizable upon examination. This does not apply if we fraudulently concealed a defect.

7. Statutory warranty rights

Warranty is governed by the provision on "warranty" in our general terms and conditions (Part I.)

These terms and conditions and customer information were prepared by lawyers specializing in IT law at the Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal soundness of the texts and is liable in the event of cease-and-desist letters. You can find more information here.