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TERMS & CONDITIONS

1 General

www.mosaiique.com is owned and operated by MOSAIIQUE GmbH, Fuerstenstrasse 9, 80333 Muenchen, Germany. Managing Director: Ayke Bogen; contact: office@mosaiique.com.

2 Applicability

The following terms and conditions apply to the sales and delivery of our goods to consumers. Any terms & conditions that are not described on this page will only be valid if explicitly agreed upon between MOSAIIQUE GmbH and the buyer.

3 Conclusion of the Contract

The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor.
An offer to buy is submitted by the buyer to the vendor by an order of the goods displayed in the online shop of the vendor. Orders in our shops will be directed to our shopping basket system at www.mosaiique.com.

Start by selecting your desired goods in our online-shop and adding them into your virtual shopping basket. Before completing your order you will have the opportunity to review your order and correct any possible input errors.

Your purchase request will be send once you click on the „buy“ button. After clicking the „buy“ button you will be directed to PayPal, where you can complete your purchase. The receipt of your order, which is considered an offer to conclude the contract with MOSAIIQUE GmbH, will be confirmed via e-mail. The processing of your order will be confirmed in a separate e-mail, which serves as an acceptance of order notice and therefore a conclusion of contract.

An effective sales contract between the buyer and the vendor only materializes when the buyer receives from the vendor – in addition to the confirmation of the order – an order confirmation via e-mail. The buyer receives an order confirmation within a processing time of 48 hours after confirmation of the order, if the ordered goods are in stock and available for delivery.

Delivery date corresponds to calculation date. The goods will be dispatched only after the full amount has been credited to our account.

Mosaiique.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

Unavailability of Goods:
We make every effort to ensure that sufficient goods are available in stock at all times to meet your order. However, we have no liability if goods are out of stock. In the event that one or more of the ordered goods is unavailable we will inform you by email or telephone and deliver the remaining part of your order. We will then either deliver the unavailable items when they become available. If the goods cannot be delivered at all, the vendor prescinds from an order confirmation. A contract does not materialize in this case. Payments already rendered by the buyer will be reimbursed immediately by the vendor.

4 Cancellation Policy

You have the right to cancel your order within two weeks from the original day of purchase. Cancellation terms do not apply for customized products, in this case the terms and conditions should be agreed upon between the customer and MOSAIIQUE GmbH prior to purchase.

The contract can be cancelled within two weeks in writing (e.g. e-mail or letter) or by returning the product in its original condition and packaging (non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached) to us via mail. The two-week deadline starts on the day that you receive the products. If the buyer submits a cancellation in writing and has already received the goods he is required to return these to MOSAIIQUE GmbH within seven days.

In the case of goods that were damaged during shipping the customer is required to inform us immediately or at the latest within one day and return the goods within seven days. The written notification of goods damaged during shipping should be directed to: MOSAIIQUE GmbH, Fuerstenstrasse 9, 80333 Muenchen, Germany

The right of cancellation does not apply for customized goods, goods that were designed by customer specifications or that were clearly customized for a specific customer. The cancellation right also does not apply for international shipping to destinations that are not accepted by the German “Distance Selling Act“.

Additional Return Policy Terms:
In case of a successful cancellation or return all benefits received by either side should be returned. If goods are not returned in the same condition as originally shipped you will be required to compensate the loss in value. This does not apply if you deny acceptance of delivery through our parcel service and therefore never handle the goods or accept ownership of the goods. The customer will have to cover the costs for return shipping as long as the order is correct and did not get damaged during shipping.

5 Conditions of Payment

The buyer can pay for the order by “credit card payment” or “PayPal”. Depending on the country that you are ordering from, we may accept only limited methods of payment.

Payment using a Gift Card
When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.

Payment using a Promotion Code
When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.

Any other means of payment is only possible after an express agreement with the vendor in writing. All listed prices include the sales tax as legally required at the time of purchase. In the case of international orders all transfer charges or additional taxes that apply are to be covered by the customer.

6 Prices, Product Presentation, Availability, Gift Card, Promotion Codes

Prices
The prices stated on our website www.mosaiique.com at the time of your order apply.

Product Presentation

The goods offered at mosaiique.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

Gift Card & Promotion Code

A gift card can be used to purchase any article available on our website – except for additional gift cards – prior to its expiration date. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions. The gift card is only valid in countries that we ship to in the respective currencies, stated on our website. The gift card can only be used in the destination country, determined when purchasing the gift card. Mosaiique.com is not responsible for the fraudulent use of or any lost, stolen, or destroyed gift cards, which goes into effect as soon as the gift card has been received. If sent per email, mosaiique.com is not responsible for misspellings or errors in the recipient’s email address. Mosaiique.com reserves the right to cancel or block the gift card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the gift card. You will be informed immediately in the case of cancelling or blocking the gift card.

Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except gift cards. To determine the validity period, please refer to the document which contains the promotion code.

Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of mosaiique.com, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

Mosaiique.com cannot be held responsible for any fraudulent or non-authorized uses of promotion codes and reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately in the case of cancelling or blocking the promotion code.

Return policy for orders purchased using a promotion code:
If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

7 Storage of Contract Data

We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will be sent to you via e-mail once you have submitted your order to us by clicking the “pay now” button and your payment details have been verified.

In addition, you will receive an email order confirmation stating all details entered.

8 Shipping Costs & Delivery Times

Orders will be processed in 1-3 business days (Monday through Friday 10am-5pm, not including holidays), pending payment authorization and verification.

For all orders, shipping of the ordered goods is performed by the vendor by DHL Standard.

The delivery of the goods will take place to the delivery address provided by the buyer.

After processing the delivery takes place:

by DHL Standard:
– to addressees in Germany within 1-3 days,
– to addressees in other European states within 2-9 days,
– to all other addressees within 4-15 days.

The stated delivery timeframes for the delivery by DHL Standard are merely indicative guidelines provided by the deliverer (DHL) and do not constitute binding delivery dates.

Please refer to the chart below for shipping methods as well as shipping costs and delivery times for your destination:
– for deliveries to Germany – DHL Standard – 9,00€,
– for deliveries to other European states – DHL Standard – 19,00€,
– for deliveries to all other countries – DHL Standard – 69,00€.

For deliveries to countries other than Germany, further import costs may apply when a third country is involved (customs duties, import taxes and import turnover tax). These additional costs – which the buyer can enquire at the responsible customs office – shall be borne by the buyer.

The goods ordered by the buyer are insured up to a value of 510€ by the vendor.

An insurance of the ordered goods exceeding the amount of 510€ by the vendor or shipment with another deliverer (other than DHL) or another means of shipment will only be possible after an individual agreement in writing with the vendor.

8 Cancellation Policy

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform

MOSAIIQUE GmbH
Fuerstenstrasse 9
80333 Muenchen
Germany
Email: mosaiique.office@gmail.com

by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail or an email).
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

Consequences

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

The cancellation period is observed by timely sending the withdrawal notice or dispatching the goods.

If the buyer cannot or only partially reimburse the vendor for services (e.g. benefits from usage) or sends back the goods in a deteriorated condition, the buyer is required to offer to the vendor a compensation for lost value. The buyer is only required to offer a compensation of equal value, if the usage or deterioration is due to an improper use of the goods, exceeding the checking of properties and functions of the goods. “Checking of properties and functions” is understood to mean the testing and trying out of the individual good as conventionally conducted in shops.

Special information:

Legal exclusion of the right of revocation:
The right of revocation, unless otherwise provided, does not exist in the case of – an order of goods, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition or are easily perishable or whose expiration date would be exceeded.

End of information concerning right of withdrawal

9 Inquiries & Complaints

For any inquiries about your order or complaints, please contact our Customer Care Team via email: mosaiique.office@gmail.com

10 Warranties

Our warranties and guarantees are in accordance with current German regulations and laws. Quality or lifetime warranties are excluded.

All claims should be directed to: MOSAIIQUE GmbH, Fuerstenstr. 9, 80333 Muenchen, Germany

11 Storage of Contract Data

We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will be sent to you via email once you have submitted your order to us by clicking the “pay now” button and your payment details have been verified.

12 Damage Compensation

Our accountability is limited to standard and predictable damages and does not include damages caused by deliberate, intentional or grossly negligent behavior. The previous limitation of liabilities does not apply when dealing with an injury of life, health or body. The limitation of liabilities further does not apply if the buyer claims product liability.

13 Property Rights

Property rights and others rights regarding the content presented on mosaiique.com, as all texts, graphics, photos, images, logos, designs are owned by MOSAIIQUE GmbH and shall not be copied, distributed, downloaded, printed or otherwise published or used without the explicit and written consent of MOSAIIQUE GmbH.

14 Applicable Law

All transactions and deliveries are accountable to German laws and regulations only.

15 Legal Jurisdiction and Other Regulations

The place of jurisdiction is to be considered our location if the contract is between MOSAIIQUE GmbH and a merchant or if the customer has no place of jurisdiction in Germany. If specific regulations or terms of the contract are invalid, this does not automatically void the entire contract. The specific invalid term or regulation will be replaced by the corresponding legal obligations and specifications.