I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (mokebo GmbH) via the website mokebo.de. Unless otherwise agreed, the inclusion of any terms of your own that you may use is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity. A business is any natural or legal person or partnership with legal capacity that acts in the exercise of its self-employed professional or commercial activity when concluding a legal transaction.

(3) Towards businesses, these terms and conditions also apply to future business relationships without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

§ 2 Accessibility

(1) Pursuant to § 14 (1) No. 2 in conjunction with Annex 3 No. 1 BFSG (German Barrier-Free Accessibility Act), we provide information on how our website or our service in electronic commerce meets the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility statement" or a similar designation) 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 that are necessary to understand how the service is performed;
• a description of how the service meets the relevant accessibility requirements.

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

Market surveillance authority of the German federal states for the accessibility of products and services – public-law institution (MLBF AöR)

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

(3) We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate, appropriately labelled button on our website mentioned in paragraph 1.

(4) Our website or our service in electronic commerce is accessible if people with disabilities can find, access and use it in the usual way, without particular difficulty and, in principle, without outside help.

(5) The measures to implement the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the contract

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

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods you wish to buy are placed in the "shopping cart". Via the corresponding button in the navigation bar you can open the "shopping cart" and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or a similar designation) and entering your personal data as well as the payment and shipping terms, your order data is finally displayed to you as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check the information in the order summary again, to change it (also via the "back" function of your internet browser) or to cancel the order. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with payment obligation", "pay" / "pay now" or a similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 4 Special agreements on the payment methods offered

(1) Credit check

If we provide advance performance, e.g. in the case of payment by invoice or direct debit, your data will be passed on to Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, for the purpose of a credit check on the basis of mathematical-statistical methods in order to safeguard our legitimate interests. We reserve the right to refuse you the payment method of invoice or direct debit as a result 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 always made to Klarna:

• Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found 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.
• Instalment purchase ("Financing"): Further information on instalment purchase, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found here; the terms for the payment option "Pay in 3 instalments" can be found here. Further information on instalment purchase, including the general terms and conditions and the European standard information for consumer credit for Austria, can be found here; the terms for the payment option "Pay in 3 instalments" can be found here.

Further information on Klarna and the Klarna terms of use for Austria can be found here and here.

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

If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed 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 labelled button on our website and in the online ordering process. For the processing of payments, "PayPal" may use other payment services; where special payment terms apply, you will be informed of them separately. Further information on "PayPal" can be found here.

(4) Payment via "Shopify Payments"

If 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 is processed 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 labelled button on our website and in the online ordering process. For the processing of payments, Stripe may use other payment services; where special payment terms apply, you will be informed of them separately. Further information on Shopify Payments can be found here.

§ 5 Provision of services for vouchers (voucher terms)

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

(2) Purchased vouchers entitle you, within the validity period, to redeem the credit certified by the voucher. Vouchers can only be redeemed in our online shop at mokebo.de or, where stated, in our local store. The service description and the redemption conditions described there at the time of purchase of the voucher apply.

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

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

(5) Only one voucher can be redeemed per order.

(6) After expiry of the withdrawal period or expiry of the right of withdrawal for consumers, no refund or exchange will be made. A payout or partial payout of voucher amounts is not possible. The voucher credit does not bear interest. If the statutory right of withdrawal is exercised for goods or services paid for with the voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) The voucher may be passed on or transferred.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full. The following additionally applies to businesses: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice total, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves insofar as you do not 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 carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) For the purchase of used goods by consumers the following applies: if the defect appears after one year from delivery of the goods, warranty claims are excluded. Defects that appear within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. For businesses, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The sale of used goods is made to the exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB (German Civil Code) remain unaffected. Towards businesses, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract count as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we will initially provide performance towards businesses, at our choice, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). The above restrictions and shortenings of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty and fraudulent intent, in the event of breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations), within the scope of a guarantee promise, if agreed, and insofar as the scope of application of the Product Liability Act is opened. Information on any additional guarantees that may apply and their exact terms can be found with the respective 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 insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. 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 not known at the time the action is brought. The right to also bring proceedings before the court at another statutory place of jurisdiction remains unaffected.

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

II. Customer information

1. Identity of the seller

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

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the options for correction are governed by the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

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

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

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

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

Parcel goods – returns from Germany:

• Value of goods under €100: €6.90
• Value of goods €100 – €400: €12.90
• Value of goods over €400: €19.90

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

• Value of goods under €100: €9.90
• Value of goods €100 – €400: €16.90
• Value of goods over €400: €24.90

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

Customer service: You can reach our support for questions, complaints and objections on working days from 9:00 a.m. to 1:00 p.m. at the email address hello@mokebo.de and via WhatsApp chat at +49 (0) 151 257 239 90

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

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

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

6. Delivery terms

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

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipping only passes to you upon handover of the goods to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the trader or another person designated to carry out the shipment.

6.3 Transport damage: The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

The following applies to businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated there, the goods are deemed approved, unless the defect was not recognisable during inspection. This does not apply if we have fraudulently concealed a defect.

7. Statutory warranty rights

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found here.