§ 1 Validity, definition of terms
(1) moefe AG, St. Alban-Ring 201, 4052 Basel, CH (hereinafter: “we” or “moefe”) operates an online shop for goods on the website https://www.moefe.ch. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://www.moefe.ch.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Add the products by clicking the appropriate button (e.g. “In the shopping cart”, “In the shopping bag” or similar),
- Checking the information in the shopping cart,
- Call up the order overview by clicking the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering / checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete the order by clicking the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.
(4) If the contract is concluded, the contract is concluded with moefe AG, St. Alban-Ring 201, 4052 Basel, CH.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by prematurely canceling the order process, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject of the contract in our online shop is:
- Selling goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid prior to delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are under a corresponding bezebutton in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the prices stated, shipping costs may apply for the delivery of products, unless the respective article is shown as free of shipping costs. The shipping costs are clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all offered products are ready for dispatch immediately (delivery time: 3 – 5 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place in the following countries: Switzerland.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal.
Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal 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, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly , or
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately, or </ li>
- on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, provided that you have ordered goods that are delivered in several partial shipments or pieces, or
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods, provided that you have concluded a contract for the regular delivery of goods over a specified period of time. </ li >
In order to exercise your right of withdrawal, you must inform us (moefe AG, St. Alban-Ring 201, 4052 Basel, CH, telephone number: +41 61 534 36 85, email address: firstname.lastname@example.org) by means of a clear declaration ( e.g. a letter sent by post, e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by us
Have chosen standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which the notification of
We have received your revocation of this contract. For this repayment, we use the same means of payment that you used for
have started the original transaction, unless something else has been expressly agreed with you; in no case will you
fees will be charged for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the day on which you informed us of the revocation
Inform the contract, send it back to us or hand it over. The deadline is met if you return the goods before the period of fourteen
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an examination of the quality,
Properties and functioning of the goods is not due to the need for handling them.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and sefind it back.)
moefe AG, St. Alban-Ring 201, 4052 Basel, CH, telephone number: +41 61 534 36 85, email address: email@example.com
I / we (*) hereby revoke the one concluded by me / us (*)
Contract for the purchase of the following goods (*) / the provision of
following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to this is for the foreseeable damage typical for the contract limited. An essential contractual obligation is one, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Contract Language
As contract language german will be available exclusively.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for goods delivered is 12 months.
(3) As a consumer, you are asked to check the item / digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 10 final provisions / dispute settlement
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) 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.
(4) The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.