GTC & customer information

Table of contents

1. Scope of application

2. Conclusion of contract

3. Right of withdrawal

4. Prices and payment terms

5. Delivery and shipping terms

6. Liability for defects

7. Special terms for the processing of goods according to specific customer specifications

8. Redemption of promotional vouchers

9. Redemption of gift vouchers

10. Applicable law, place of jurisdiction

1.1
These Terms and Conditions of the company mofakult AG (hereinafter referred to as “Seller”) shall apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Client”) enters into with the Seller with regard to the products and/or services presented by the Seller in its online shop. The inclusion of the Client's own conditions is herewith objected to, unless other arrangements have been agreed upon.

1.2
These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.

2.1
The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2
The customer can place the order via the online order form integrated into the seller's online shop. After entering their personal data, the customer submits a legally binding offer of a contract in relation to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process. The delivered goods remain the property of mofakult AG until full payment has been received.

2.3
The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the customer's receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or
• by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

2.4
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5
When an offer is submitted using the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these terms and conditions after the customer has sent his order. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.6
Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7
The German language is available for the conclusion of the contract.

2.8
The order processing and contact take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

Consumers have a fundamental right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4.1
The stated prices of the seller include VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2
In the case of deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if delivery is made within Switzerland but the customer makes the payment from a country other than Switzerland.

4.3
The customer has various payment options available, which are indicated in the seller's online store.

4.4
If prepayment has been agreed, payment is due immediately after the contract has been concluded. If we have not received payment from you within 30 days, we are no longer bound by your declaration of intent.

4.5
The payment method credit card payment requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is allowed to pay by credit card after a credit check, the payment is processed in cooperation with secupay AG, to which the provider assigns its payment claim. Secupay AG collects the invoice amount from the customer's credit card account provided. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is debited immediately after the customer's order is sent in the online store. Even if the customer selects the payment method of credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and returns or credit notes.

4.6
If the payment method “delivery on invoice” is selected, the purchase price is to be paid immediately upon receipt of the goods without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check if the payment method “delivery on invoice” is selected and to reject this payment method if the credit check is negative.

4.7
If the payment method “PayPal Invoice” is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal Invoice” in the event of a negative credit check. If the payment method “PayPal Invoice” is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment period. In this case, the customer can only make payments to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.8
If you choose the “PayPal” payment method, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-24 49 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.

4.9
If a payment method offered via the “mollie” payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about “mollie” is available on the Internet at https://www.mollie.com/de/.

4.10
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice and instant bank transfer. Payment is made to Klarna in each case. Further information and Klarna's terms of use can be found here:

4.11
If you select the “TWINT” payment method, the payment will be processed by the payment service provider TWINT AG, Stauffacherstrasse 31, CH-8004 Zurich. If you choose a payment method from the payment service provider “TWINT”, the payment will be processed by the payment service provider TWINT AG (Stauffacherstrasse 31, CH-8004 Zurich, hereinafter “TWINT”), to whom we will pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number). Your data will only be passed on for the purpose of processing the payment with the payment service provider TWINT and only to the extent necessary.

5.1
The delivery of goods regularly takes place via the dispatch route and to the delivery address provided by the customer. When the transaction is processed, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2
If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

5.3
In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer when the goods are handed over for shipment or to the commissioned transport person.

5.4
If you pick up the goods yourself, the goods you have ordered are usually ready for collection two hours after you place your order, during the opening hours of the pick-up counter. In this case, no shipping costs will be charged.

6.1
The statutory liability for defects applies, i.e. mofakult is only ever liable for direct damage and only if the customer can prove that this was caused by gross negligence or intent on the part of mofakult. In any case, liability is limited to the purchase price of the respective delivery/service. Any further liability of mofakult for damages of any kind is excluded.

6.2
Neither the manufacturer nor mofakult provides a guarantee for racing and tuning parts. If you have a warranty claim for original parts, you can submit a warranty claim, which will be checked by the manufacturer. Complaints can only be considered if they are submitted within 8 days and before the parts are installed. There is no guarantee for parts that have been damaged due to incorrect installation and adjustment or incorrect handling. Modified parts and parts without the original packaging cannot be exchanged. No liability for consequential damage and assembly and repair costs.

All racing and tuning parts are intended only for use on closed racetracks, private property and for export. The use of these items on public roads is prohibited by law and punishable (Art. 181 + 219 VST). By purchasing these racing items, you confirm that you will use them exclusively on private property, racetracks or for export. If you are a minor, by placing an order you confirm that your parents agree to the purchase.

7.1
If, according to the content of the contract, the seller is also responsible for processing the goods according to certain customer specifications in addition to delivering the goods, the customer must provide the operator with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the operator, and grant the operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademark rights and personal rights.

7.2
The customer shall indemnify the seller against any third-party claims that may be asserted against the seller in connection with an infringement of their rights as a result of the seller's use of the customer's content in accordance with the contract. The customer shall also bear the reasonable costs of any necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all the information necessary to examine the claims and mount a defense.

7.3
The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

8.1
Vouchers issued free of charge by the seller as part of a promotional campaign with a specific validity period and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online shop and only during the specified period.

8.2
Promotional vouchers can only be redeemed by consumers.

8.3
Individual products may be excluded from the voucher promotion if the content of the promotional voucher indicates a corresponding restriction.

8.4
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5
Only one promotional voucher can be redeemed per order.

8.6
The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7
If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8
The balance of a promotional voucher will not be paid out in cash and does not bear interest.

8.9
The promotional voucher will not be reimbursed if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his contractual right of withdrawal, provided that such a right has been agreed.

8.10
The promotional voucher is transferable. The seller can provide the respective owner who redeems the promotional voucher in the seller's online store with a discharging effect. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

9.1
Vouchers that can be purchased through the seller's online store (hereinafter “gift vouchers”) can only be redeemed in the seller's online store, unless otherwise stated on the voucher.

9.2
Gift vouchers and remaining credit balances from gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit balances will be credited to the customer up to the expiry date.

9.3
Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4
Only one gift voucher can be redeemed per order.

9.5
Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.6
If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7
The balance of a gift voucher will not be paid out in cash and does not bear interest.

9.8
The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller is aware, or is grossly negligently unaware, of the non-authorization, legal incapacity or lack of power of representation of the respective owner.

10.1
If the customer is acting as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

10.2
If the customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.

As a consumer, you have a right of withdrawal according to the following conditions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:

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A. Instructions for withdrawal

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Right of withdrawal

You have the right to revoke this contract within 3 months without stating any reasons.

The revocation period shall be 3 months with effect from the day on which you or a third party nominated by you, which is not the carrier, had taken possession of the last goods.

To exercise the right of withdrawal, you must inform us (mofakult AG, Im Buchfeld 20, 8500 Frauenfeld, Switzerland, Tel.: 0041 52 730 05 30, E-Mail: info@mofakult.ch) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Please use the pre-addressed return form for this purpose.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. We may withhold the repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
 

You will have to bear the direct cost of returning the goods.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
 

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to your personal needs.
 

The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal expires prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

General information

• 1) Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
• 2) Please do not return the goods to us freight collect.
• 3) Please note that the above points 1-2 are not prerequisites for the effective exercise of the right of withdrawal.