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itGeneral Terms and Conditions
1. Validity of the contractual conditions:
a. All business relationships entered into between:
MOSANI GmbH
Gundelsheimerstrasse 48
96119 Memmelsdorf / Lichteneiche
Germany
Represented by the managing director:
Frank Nitsche
Register entry:
Entry in the commercial register
Register court: Bamberg
Register number: HRB 9604
Sales tax ID:
Sales tax identification number according to §27a Umsatzsteuergesetz: DE324884185
Contact:
Phone: 49 (0) 951-4082251
Email: info@mosani.de
Responsible for content according to § 55 Abs. 2 RStV:
Any contracts between Mosani GmbH and its customers arising from the Mosani GmbH offer are conducted on the basis of the following General Terms and Conditions (GTC), unless individual contractual agreements have been made.
b. Insofar as the term "provider" is used in the following, this always refers to Mosani GmbH. The term "buyer" refers to a customer (consumer or entrepreneur) who purchases one or more products from the supplier.
2. Sample dispatch
Mosani GmbH offers the possibility to test products on the basis of samples. Please send the request, stating the delivery address, to: info@mosani.de - The samples can also be ordered directly via our online store. Mosaic samples are delivered in the size of approx. 6x10 cm and are excluded from exchange or return.
Important:
Due to the large number of sample shipments and batch-related changes by suppliers, we can never guarantee that the delivered goods correspond to the sample that was sent.
3. Material properties, mosaic tile size, packaging unit
a. The color of the tesserae is never completely uniform and homogeneous. The arrangement of the colors depends on the batch and the firing. Depending on the product and monitor display, the colors may differ greatly from the image you see on the screen. This may be due to the batch, the monitor or the photography. Depending on the batch, natural stone in particular may contain discoloration. Depending on the material, brown streaks, discolorations or spots are part of the natural properties. For example, it is metal components that turn brown. These are particularly visible on white or light-colored natural stone and are part of the process.
b. Each mosaic has different properties in relation to the material it is made of and the light it is exposed to. Only the or one basic color(s) per article are indicated. For example, glass mosaic in white or black can also shimmer purple, green or in another color. Depending on the material, other color reflections may appear in addition to the specified base color, which of course we cannot specify in the offer. This also depends on the personal point of view. One customer sees a purple tint in a white glass, another sees it as green, the next only sees white. Therefore, please always order a sample in advance to check the goods.
c. Possible chipping at corners and edges (so-called edge breakage), fingernail-wide grooves on the surface and irregularities (unevenness) of the individual stones in shape, size and surface are part of the natural properties of the product and do not constitute a defect. Depending on the mosaic stone format, there are between 100 and 1000 mosaic stones on an area of 1 square meter. It is absolutely impossible to deliver every tile free of defects. Each sheet must be checked for defective stones or foreign objects from the front and back before laying. Defective stones are removed from the arch. The arch is laid and a new stone from the offcut is inserted in the free space.
d. Up to 5% breakage, scratches or defective stones per mosaic mat are normal standard and cannot be declared as a defect. If this point is not clear, we recommend that you do not use mosaics at all. This is because even after the material has been laid and grouted, a tile can still crack due to tension or it was simply overlooked during installation. This is not a hidden defect, but a natural characteristic that is part of the mosaic if you want it.
e. Every stone is unique. No two tiles are 100% alike, which has an effect on the joint pattern and the individual distances between the tiles. Any resulting irregularities in the joint pattern are therefore normal and intentional. In the case of transparent mosaics and possible mesh bonding on the back, a possible shimmering through of the mesh cannot be ruled out due to the characteristics of different stones. The use of white grout is not recommended for white mosaics and tiles. In rare cases, optical color deviations may occur that simulate different batches, crooked joints or improper laying. The exact causes of this phenomenon "with white mosaic and tiles" in conjunction with "white grout" are not clearly known; factors such as the type and direction of incident light (natural or artificial) and the viewing angle may contribute. We accept no liability for visual deviations resulting from the use of white grouting material with white mosaic elements.
f. The mat/grout dimension is an "approximate" dimension and varies depending on the batch, the backing and the laying technique. Please note that the gage (the mesh on the back) of the backing relaxes in the mortar during installation and the mat can relax and pull by up to 10% depending on the gage. Some mats actually contract and only relax in the adhesive.
g. Size specifications:
The size specifications on the offer page for tiles, mosaics and mats are always "approximate values". There are tolerances depending on the batch and tool. Depending on the batch, there may be a difference of up to 3% in the size information in relation to the mosaic stone or tile or the mesh size.
4. Conclusion of contract in the online store:
a. Only the German language is available for the conclusion of the contract.
b. Mosani GmbH offers the products without obligation via the online offer.
The customer can select one or more products and prepare them for purchase by clicking on the order button.
The complete shopping list with the corresponding prices is displayed there. The customer can then continue shopping with additional products or change the order. If the customer wishes to place an order with Mosani GmbH, first click on the "Buy" button. Please then enter your address. If you have any queries, please provide a telephone contact option - this information is voluntary.
d. The contract is concluded when Mosani GmbH accepts the customer's order. This is usually done by e-mail or is confirmed by ebay.
5. Conclusion of contract by fax or telephone
a. For orders by fax, the regulations mentioned under item 4 apply accordingly, but with the following changes: Receipt by fax corresponds to the transmission of the electronic shopping cart. The GTC shall be attached to the declaration of acceptance referred to in section 4 d.
b. For orders by telephone, the provisions set out in Section 4 shall apply accordingly, with the following changes: The information provided verbally by the customer is binding and becomes part of the contract upon confirmation by Mosani GmbH in accordance with section 4d.
These GTC also apply to orders by telephone and are brought to the customer's attention (reference to link in the online store or reading out over the phone). Mosani GmbH may also attach them to the declaration of acceptance mentioned in section 4 d.
c. In all cases, only the German language is available for the conclusion of the contract.
6. Purchase price, shipping costs, due date, method of payment:
a. The statutory VAT is already included in the purchase price. If the Buyer incurs further costs (e.g. customs duties for shipping abroad), these shall be shown separately; the Buyer shall bear the shipping costs unless otherwise agreed between the parties. A detailed overview of the shipping costs by country and weight of the shipment is provided via the link "plus shipping costs" during the ordering process.
b. Unless otherwise agreed between the parties (e.g. collection), the buyer is obliged to make advance payment and the purchase price is due no later than 7 days after receipt of the confirmation email in the buyer's email inbox. If the buyer does not pay on time, he is in default if he has received an invoice or equivalent payment statement with the confirmation e-mail and has been informed of the consequences of late payment. However, a delay in payment shall not occur if the buyer is not obliged to perform or is not responsible for the non-acceptance of the service or the non-payment of the purchase price. With regard to the consequences of default of payment, the statutory provisions apply.
c. Mosani GmbH offers the option of payment in advance and Paypal. Personal collection is not possible.
7. Delivery, transfer of risk, place of fulfillment:
a. The goods are always delivered by dispatch to the address provided by the customer.
b. The risk is only transferred to the customer when the goods are handed over to the customer.
c. The place of fulfillment is the customer's place of residence or, if applicable, his different place of business.
d. In the event that the goods are not available for a significant period of time or there are database errors (product descriptions, prices), we cannot fulfill the order and reserve the right to withdraw from the contract. In this case, we will inform you immediately and refund any payments already received without delay.
e) The goods must be stored dry immediately after receipt until they are processed, even if they are marked for outdoor use, wet or permanently wet areas.
8. Transport damage
Please inform Mosani GmbH immediately in the event of transport damage. You will receive a replacement as quickly as possible at the supplier's expense. If you prefer a different arrangement (e.g. withdrawal because replacement is not desirable for you for time reasons or reduction if the goods are only slightly damaged), please contact us.
9. Material defects:
The statutory provisions apply with regard to material defects (warranty, deadlines, assertion, etc.).
10. Copyright, CLAIM FOR DAMAGES & own mosaic images:
a. The photographs used on the Mosani GmbH website enjoy copyright protection in accordance with Section 72 of the German Copyright Act. Infringements can be prosecuted under civil and criminal law and lead to claims for injunctive relief, damages and destruction by Mosani GmbH in accordance with §§ 97, 98 of the Copyright Act. DAMAGES IN THE AMOUNT OF 500.00 EUROS WILL BE CLAIMED FOR EACH UNAUTHORIZED REPRODUCTION, UNLESS LESSER DAMAGES ARE APPROPRIATE IN INDIVIDUAL CASES. THIS ALSO APPLIES TO OTHER WORKS OR SERVICES PROTECTED UNDER COPYRIGHT OR COMPETITION LAW WHICH THE CUSTOMER RECEIVES FROM MOSANI GmbH IN THE CONTEXT OF THE CONTRACT.
b. If you provide Mosani GmbH with your own images or decors as templates for the production of a mosaic (item "Own mosaic images"), the mosaic may only be intended for the private use of a natural person. Any commercial use (direct or indirect profit-making purposes) is expressly prohibited. You warrant in any case that you are authorized to reproduce any template. The transmission of unlawful templates to Mosani GmbH will be prosecuted under civil and criminal law!
11. Final provisions, place of jurisdiction and law:
a. German law applies.
b. The place of jurisdiction is determined by the statutory provisions.
c. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
d. Please refer to our online offer and the information sheet enclosed with the consignment for the regulations on the right of withdrawal.
End of the GTC
MOSANI GmbH
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.