Conditions

1. General

Your contractual partner is:

Mood Waves GbR
Turrschmidtstrasse 15
10317 Berlin
Germany

hereinafter referred to as “Mood Waves GbR”. With your consent, these general terms and conditions become part of the contract you concluded with Mood Waves GbR. These terms and conditions are valid from June 1st, 2020.

2. Validity of the General Terms and Conditions (GTC)

These terms and conditions apply to all products that Mood Waves GbR offers in the web shop. By placing an online order, the customer agrees to these terms and conditions and agrees to be bound by them. The version valid at the time the contract is concluded is relevant. Deviations, conflicting or supplementary terms and conditions, even if known, do not become part of the contract, unless their validity is expressly agreed to by Mood Waves GbR.

3. Responsibility, conclusion of contract and accounting

1. Mood Waves GbR is responsible for articles, motifs and the design of the web shop.

2. The offers in the web shop are a non-binding invitation to order and purchase from the customer. All offers are subject to change.

3. By sending the completed online order form, the customer makes a binding offer to conclude a purchase contract. Receipt of this order will be confirmed to the customer immediately, but the confirmation of receipt does not constitute a binding acceptance of the order. The contract is only concluded upon acceptance of the order, at the latest when Mood Waves GbR ships the ordered product. Mood Waves GbR is entitled to refuse to accept the order due to lack of availability of the ordered goods.

4. When fulfilling the contract, Mood Waves GbR expressly reserves the right to make deviations from the descriptions, representations and information in electronic documents, flyers, catalogs or other written documents with regard to color, dimensions, weight, design and other similar features if these are for the customer are reasonable to consider. By reasonable, Mood Waves GbR understands normal fluctuations due to technical production processes, such as: small air bubbles in the glass (<3mm), small printing errors, deviations in the seam (<5mm).

5. The customer agrees that invoices can also be created and sent to him electronically.

4. Cancellation policy - beginning of the cancellation policy
Consumers have the following right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Mood Waves GbR, Nostitzstr. 11, 10961 Berlin, Germany, email: info@tanzform.de) by means of a clear statement (e.g. a letter sent by post, fax or email ) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation

If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must send the goods to us, Mood Waves GbR, Nostitzstr., immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. 11, 10961 Berlin to return or hand over. The deadline is met if you send the goods before the deadline of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
End of revocation

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To Mood Waves GbR, Turrschmidtstrasse 15, 10317 Berlin, Germany, email: info@tanzform.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only for paper notification) - Date

(*) Delete what is not applicable.

5. Prices and payment terms

1. Unless otherwise stated, when ordering via the Mood Waves GbR web shop, only the respective prices stated on the website apply, including VAT. Additional costs such as packaging, shipping and insurance costs are not included in the prices and are borne by the customer. The prices are in EURO. Discounts, discounts, etc. require an express agreement.

2. The buyer is obliged to pay the purchase price in full when the contract is concluded. A payment is deemed to be on time if the amount is received by Mood Waves GbR on the due date or is credited to the Mood Waves GbR account.

3. The customer can generally pay the price by cash on delivery, advance payment, Paypal, instant transfer, credit card, direct debit. We reserve the right to exclude individual payment. This can, for example, depend on the order value and the region to which the goods are being shipped. If payment is made in advance, the goods will only be sent to the customer after the invoice amount has been paid in full.

4. When processing the payment process, Mood Waves GbR is entitled to use the services of trustworthy third parties. This means in particular that if the customer defaults on payment, Mood Waves GbR may assign its claims to a debt collection agency and pass on the personal data necessary for payment processing to this agency. If a third party is involved in the payment processing process, payment for Mood Waves GbR is only considered to have been made when the full amount has been handed over to this third party in accordance with the contract.

6. Interest on arrears, reminders and collection fees

If the payment deadline is exceeded, the buyer will be charged default interest of 5% p.a. Mood Waves GbR reserves the right to prove and claim higher damages due to default towards entrepreneurs.

7. Delivery/shipping, transfer of risk and retention of title

1. Delivery will take place within 21 days (3 weeks) of receipt of the order. However, the goods are normally sent to the customer after 5 working days at the latest.

2. The goods sold by Mood Waves GbR represent a collection obligation. However, we will provide shipping at the buyer's request for a separate payment. Delivery is carried out by a shipping service provider freely chosen by Mood Waves GbR. The buyer pays a delivery fee, which depends on the order value and delivery location. Current shipping prices can be found at tanzform.de.

3. Delivery normally takes place within the European Union. Mood Waves GbR reserves the right to deliver to countries outside the European Union. Any import duties are to be borne by the buyer.

4. If delivery of the goods is not possible within three weeks, HAX Products will inform the buyer of this at the latest when the deadline expires. The buyer then has the right to withdraw from the contract, which he must communicate in writing or by email.

5. The goods remain the property of Mood Waves GbR until the purchase price and all other costs and expenses have been paid in full.

6. Until ownership is transferred to the buyer, the buyer undertakes to treat the goods with care.

7. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over. This also applies in the case of a mail order purchase. The handover is deemed to be the same if the customer defaults on acceptance.

8. Deviations

For custom-made products (if offered), the color values and design references specified in the order confirmation apply. Custom-made products cannot be exchanged and cannot be returned. Custom-made products must always be paid for in full in advance.

9. Warranty

1. Information, illustrations, drawings, technical data, weight, dimension and service descriptions contained in flyers, catalogs, circulars, advertisements or price lists are purely for information purposes. Mood Waves GbR assumes no liability for the accuracy of these. Only the information contained in the order confirmation (shipping confirmation) is decisive regarding the type and scope of the goods delivered.

2. Liability for defects occurs in accordance with the statutory provisions. If the goods delivered by Mood Waves GbR are defective, the customer can, within the framework of the legal regulations, request the elimination of the defect (repair) or the delivery of a defect-free item (replacement delivery) as supplementary performance. Mood Waves GbR can refuse the type of supplementary performance chosen by the customer if it is impossible or only possible with disproportionate costs. If the legal requirements are met, the customer has the right to withdraw from the contract, reduce the purchase price or demand compensation.

3. Mood Waves GbR will cover any shipping costs incurred in the event of a return due to defects. However, the customer undertakes to avoid unnecessary costs by selecting the shipping method appropriately.

4. Mood Waves GbR assumes no liability for the constant and uninterrupted availability of the online offering.

10. Damages and product liability

1. Claims for damages by the customer against Mood Waves GbR as well as the legal representatives and vicarious agents of Mood Waves GbR are excluded. Excluded from this is liability for damages resulting from injury to life, body or health that are based on a breach of duty for which Mood Waves GbR or a legal representative or vicarious agent of Mood Waves GbR is responsible. The limitation of liability in accordance with Section 9 Paragraph 1 Sentence 1 also does not apply to other damages that are based on an intentional or grossly negligent breach of duty by Mood Waves GbR or a legal representative or vicarious agent of Mood Waves GbR. The restriction also does not apply to damages resulting from the violation of essential contractual obligations (cardinal obligations) if Mood Waves GbR or a legal representative or vicarious agent of Mood Waves GbR are responsible for them. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely.

2. Liability under the Product Liability Act remains unaffected.

3. Mood Waves GbR is only liable for its own content on the website. To the extent that Mood Waves GbR provides access to other websites through links, Mood Waves GbR is not responsible for the content contained there.

11. Formal requirements

Declarations and notifications from the customer addressed to us - with the exception of notifications of defects and declarations on data protection - must be in text form in order to be legally valid, including the original signature or secure electronic signature, and must be sent to Mood Waves GbR, Nostitzstr. 11, 10961 Berlin, Germany. The contract, order and business language is German or English.

12. Effectiveness

Should a provision of these General Terms and Conditions be or become invalid or contradict legal regulations, the effectiveness of the remaining provisions remains unaffected. The two contracting parties will replace the invalid provision with one that comes as close as possible economically to the meaning and purpose of the invalid provision. The same applies in the event of a contractual gap.