Section 1 – Parties, Scope of Application
1. The following are the General Customer Terms and Conditions (“Terms”), and the contracting party for Morenjoy is Morenjoy USA LTD (“Morenjoy USA LTD”).
2. All deliveries, services, and contracts for European customers are made through Morenjoy USA LTD’s online store. These terms and conditions apply only to the version in effect at the time the order is placed.
3. All provisions to the contrary shall be null and void. Any provision not contained herein must be expressly agreed to in writing by an authorized representative of Morenjoy USA LTD (General Manager, Authorized Signatory, or Agent) and the customer involved to be effective.
Section 2 – Contract Formation
1. The display on the Morenjoy USA LTD website represents only a non-binding invitation to the customer to order goods from Morenjoy USA LTD.
2. Upon completion of the ordering process via the website, email, or mail, the customer submits a binding offer to enter into a purchase agreement. The offer is considered binding once it reaches Morenjoy USA LTD. The order confirmation is an acknowledgment of receipt and not an acceptance of the order.
3. Morenjoy USA LTD may accept an order within seven calendar days. If no result is obtained after that time, the offer is deemed rejected, and any payment received shall be refunded immediately.
Section 3 – Prices
1. Prices quoted include the cost of packing and shipping for the chosen method, detailed in the “Shipping Costs” table.
2. Cash on Delivery (COD) orders are subject to an additional COD charge, listed under “Shipping Charges.”
3. All prices quoted (including packing and shipping costs) are valid only for Germany and at the time of order placement.
Section 4 – Terms of Payment
1. The customer may choose from various payment methods, with specific terms for each. Payment must be made in the amount shown on the invoice.
2. Corporate and business customers may be entitled to credit after review and approval, with immediate payment.
3. Payment is considered complete once the payment is available. Refused payment incurs additional costs.
Section 5 – Damage in Transportation
If the products or goods are delivered and are visibly damaged in transit at the time of delivery, the customer should immediately file a complaint with the supplier and contact Morenjoy USA LTD. This step allows the customer to assist Morenjoy USA LTD in pursuing a claim against the carrier of the goods or the shipping company. Failure to file a complaint or contact Morenjoy USA LTD will have no effect on the customer’s rights, particularly with respect to warranty rights.
Section 6 – Reservation of Ownership
1. Ordered merchandise remains the property of Morenjoy USA LTD until full payment has been made.
2. Goods may not be resold, leased, pledged, transferred under warranty, processed, or offered in any other way without the express consent of Morenjoy USA LTD.
Section 7 – Liability and Warranty
1. The customer’s claim for any defects shall be subject to the provisions of the law, unless otherwise provided.
2. Morenjoy USA LTD shall be liable only in the event of willful or gross negligence and shall not be liable for damages, delays, or impediments to performance resulting from misuse, misapplication, or improper use. Morenjoy USA LTD shall also be liable for damages in the event of:
– Injury to life, limb, or health.
– Willful or grossly negligent breach of duty and malice.
– Breach of essential contractual obligations, the performance of which makes the correct execution of the contract possible and in the observance of which the customer can regularly rely (essential obligations), but only to the extent that such compliance is normally foreseeable.
– The performance of which makes the proper execution of the contract possible, and the customer can regularly rely on compliance (essential obligations), but only to the extent of normally foreseeable damage.
– Within the scope of an agreed warranty undertaking.
– Within the scope of product liability law.
3. For commercial customers ordering services for their business, claims for defects are due within one year of receipt of the goods.
Please let me know if you have any further requests or modifications.
Section 8 – Repair Costs/Cost Estimates
If any goods are sent to Morenjoy USA LTD. or to a service center authorized by Morenjoy USA LTD for repair, and the defect, damage, or other change or deterioration of the goods does not involve a defect in material that triggers a statutory warranty claim, the customer is obligated to indemnify Morenjoy USA LTD against any necessary costs incurred by Morenjoy USA LTD as a result of cost estimation, repair, or similar costs and expenses.
Section 9 – Information Regarding Disposal of Batteries
With regard to the distribution of batteries or the supply of equipment containing batteries, we are obliged to inform you that as an end user, you are legally obliged to return used batteries. You can return used batteries to our shipping warehouse (delivery address) free of charge, which are new or guided batteries from our range. The symbols on the batteries have the following meanings: the crossed-out wheelie garbage can symbol means that the batteries must not be disposed of with household waste. pb = batteries containing more than 0.004% lead; Cd = batteries containing more than 0.002% cadmium; Hg = batteries containing more than 0.0005% mercury. Please note the above information.
Batteries are not considered household waste!
Section 10 – Data Privacy
All data is processed in accordance with the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). In addition, please refer to our data privacy statement.
Section 11 – Other Provisions
1. The execution of this Agreement and all disputes arising out of or in connection with this Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the Customer (i.) is defined as a merchant under the Commercial Code, (ii.) is a legal entity or a special fund under public law, (iii.) does not have general jurisdiction in Germany or in another member state of the European Union, or (iv.) moves its domicile or habitual residence abroad after the conclusion of the contract or its domicile or habitual residence is unknown at the time of the legal action, the exclusive place of jurisdiction for all disputes in this regard shall be Morenjoy USA. The exclusive place of jurisdiction is the registered office of Morenjoy USA LTD.
3. If any individual provision of this Agreement is or becomes invalid, the validity of the other provisions shall not be affected.
4. Information on Dispute Resolution Procedures and Online Dispute Resolution: We do not participate in any dispute resolution procedures with the Consumer Arbitration Board. However, the European Commission provides an online dispute resolution platform for consumer affairs disputes (OS Platform):
(http://ec.europa.eu/consumers/odr) Our email address is care@Morenjoy.com.