GENERAL TERMS & CONDITIONS OF SALE

 

ARTICLE 1 – SCOPE AND ACCEPTANCE OF TERMS

These General Terms and Conditions of Sale (“Terms”) govern all online sales of goods (the “Products”) through the website mocha.es or mochagoods.de (the “Website”), hereafter "MOCHA" with a VAT number DE340694446.

By placing an order on the Website, you (“You” or “the Customer”) confirm that you have read, understood, and agreed to these Terms. You acknowledge this by checking the designated acceptance box prior to confirming any purchase. A copy of the Terms will be included in the confirmation email sent to you upon completion of your order.

MOCHA reserves the right to update these Terms at any time. The applicable version is the one available online at the time of your order.

 

ARTICLE 2 – ELIGIBILITY TO PURCHASE

By placing an order, you confirm that you are purchasing for personal use only and not for resale or commercial distribution. You must be of legal age and have full legal capacity to enter into a contract. If you are under 18, you must have the consent of a legal guardian.

 

ARTICLE 3 – PRODUCTS AND AVAILABILITY

Information on our products and process are available on the site. 

Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered. In particular, the colours, texture or grain of the products displayed on your screen may differ from those of the actual product. We recommend that you refer to the description of the products and their characteristics as mentioned in the site.

In the absence of any particular indication, the products are sold and delivered within the limits of available stock.

In the event of exceptional unavailability of the product ordered after validation of the order, the item would be cancelled, and we will reimburse you as soon as possible.

 

ARTICLE 4 – ORDERING PROCESS

To place an order: 

  1. Select your products and add them to your cart.
  2. Provide your email and delivery information.
  3. Choose a payment method and review your order.
  4. Confirm and proceed to payment.

A binding contract is formed once the order is confirmed. You will receive an order confirmation via email.

Modifications to a confirmed order are subject to our approval. We reserve the right to refuse any order, especially in the event of payment issues or suspected resale intent.

 

ARTICLE 5 — PRICES AND PAYMENT TERMS

Prices are listed in EUR and include applicable VAT or sales taxes. Shipping costs and duties (where applicable) will be added at checkout.

Accepted payment methods include:

      • PayPal
      • Credit Card
      • Sofortüberweisung
      • MOCHA E-Gift Card


      If payment fails, the order will be cancelled. Payment processing is securely managed through a third-party provider using SSL encryption.

       

      ARTICLE 6 — SHIPPING & DELIVERY

      All orders are shipped from our warehouse in Frankfurt, Germany — using DHL or UPS (U.S. Orders).

      Our processing time is 2-4 business days. Please respect that our handling time can sometimes take longer than expected. 

      Upon shipment, you will receive a confirmation email with a tracking number provided. Deliveries are made to the address you provide at checkout.  MOCHA is not liable for lost or stolen parcels once delivered.

      All international orders take 10+ days transportation (except orders to the U.S. 3-7 days).

      MOCHA is not responsible for any taxes or duties incurred. These charges are not included in the item price or shipping cost, and are the buyer’s responsibility. We are not able to predict or cover these costs, as they are determined by your local customs authority.

      Please inspect your parcel upon receipt. If the packaging is damaged or items are missing, note this on the delivery receipt and notify us within 24 hours at support@mocha.es

       

      ARTICLE 7 — RETURN POLICY

      You have up to 14 days from the date of delivery to request a return.

      Return shipping is at your expense unless the item is wrong or damaged.

      Please note that incomplete or incorrect shipping address may result in your parcel being returned or abandoned.

       

      I. RIGHT OF WITHDRAWAL (WIDERRUFSRECHT)

      Customers have the right to cancel their purchase within 14 days of receiving the goods without providing a reason. 

       

      2. RETURN CONDITIONS

      Items must be unused, unworn, and in original condition (tags attached incl. original packaging).

      Certain items may be excluded from returns, such as Made To Order items, Surprise Boxes & GIFT CARDS.

       

      3. RETURN PROCESS

      Customers must inform in writing via email before sending back items.

      The customer is responsible to cover return shipping costs unless the product is defective or incorrect.

      Refunds will be processed within 14 days after receiving the returned goods.

       

      4. REFUNDS & EXCHANGES

      Refunds are issued to the original payment method. 

      If you prefer, we can issue a store credit or exchange for the return instead of a refund. Please let us know your preference.

      Any return shipping fees or loss of item is to be covered by the customer if this occurs. 

       

      5. BUSINESS CUSTOMERS

      The 14-day return right applies only to private consumers (B2C). Business customers (B2B) do not have the same automatic rights.

       

      HOW TO RETURN AN ITEM 

      If you’re not satisfied with your purchase, you can return items within 14 days of receiving them.


      Contact us at support@mocha.es to request a return by providing your order number and reason for your return.

      Pack the item in its original condition (including tags and packaging). Make sure the items are unworn, unwashed and folded. Feel free to re-use our packaging to ship your return package.

      Choose your preferred shipping company (DHL or UPS preferred) and send it back to our return address which will be emailed to you. 


      ARTICLE 8 — REFUNDS

      Once your return is received and approved, a refund will be issued to your original payment method within 14 business days. Refunds exclude any non-standard shipping fees and are not provided for customs duties.

      Gift card payments will be refunded to the original gift card. Gift cards are non-refundable.


      ARTICLE 9 – FORCE MAJEURE

      MOCHA shall not be held liable for failure or delay in performance due to force majeure events as recognized under applicable law.





      Terms and conditions and customer information in the context of purchase contracts that are closed via the online shop between MOCHA - hereinafter referred to as "seller" - and the end user - in the following "customer".


      § 1 GENERAL, AStG

      Contractual partner for all contracts through the online shop www.mochagoods.de or www.mocha.es

      mocha
      -

      ("seller")

      E-Mail: info@mocha.es

       

       

      § 2 SCOPE

      For the business relations between the sellers and the customers the general terms and conditions apply. Unless otherwise agreed, the inclusion of own conditions of the customer is contradicted.

      The customer is a consumer, as far as he concludes the contract for purposes that can be attributed predominantly to neither his commercial nor his independent professional activity.



      § 3 CONCLUSION OF CONTRACT

      The presentation of the products does not constitute a binding contract offer. By placing an order, the customer makes a binding offer. The seller can accept or reject this contract offer. The offer is accepted by order confirmation or by sending the products.

      The order process in the online shop of the seller works as follows:

      The customer can choose from the range. By clicking on the "My Chart" button, the customer receives an overview of the selected products. Via the button "Checkout" there is a binding request for the purchase of the products in the shopping cart. By submitting the order, the customer can change and view the data entered at any time using the browser functions "Back" and "Next" displayed as arrow keys, as well as the entered data. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "I agree with the terms and conditions.", has accepted these terms and conditions and included them in his request. The seller then sends the customer an automatic confirmation of receipt by e-mail. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract only comes into effect when the seller sends the declaration of acceptance, which is sent with a special e-mail.


      An order is possible for registered customers as well as for guest customers. The customer can register in the next step of the order process by specifying his personal information and selecting "save my information and pay faster next time" without having to create a customer account as a guest to checkout. Already registered customers can log in in this step with their access data by clicking on the corresponding button.

      Contract language is German and English.

      At the end of the page, the customer transmits all data of his order by clicking on the button "Buy" and makes a binding offer. A page is then opened that confirms the customer's order.



      § 4 PAYMENT

      You can choose between the following payment methods:

      - PayPal
      - Credit card
      - Sofortüberweisung


      § 5 PRICES

      The listed prices include VAT, but no shipping costs. Any shipping costs will be indicated separately. In this regard, § 7 of these provisions applies.


      § 6 CONTRACTUAL OBJECT

      The subject matter of the contract are the goods and services specified by the customer within the scope of the order and mentioned in the order and / or order confirmation at the prices stated in the online shop. Errors and mistakes are reserved there, especially regarding the availability of goods.


      The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may reflect the products inaccurately; especially for technical reasons Images are for illustrative purposes only and may differ from the product. Descriptions of specifications, weight, measures and performance are as precise as possible, but may have the usual deviations. The features described here are not defects of the products supplied by the seller.



      § 7 SHIPMENT & RETURNS COST

      The delivery of goods is subject to availability. The processing time is between 1-5 working days. Shipping is via DHL. The shipping costs will be communicated to the customer during the order process.

      The costs for the return of the order are to be borne by the customer. Any applicable customs costs for delivery and return from non-EU countries are not borne by the seller. If you have further questions regarding customs fees, please contact your local customs office.

       

      § 8 RIGHT OF WITHDRAWAL OF THE CONSUMER in accordance with § 11 FAG

      You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you took possession of the goods.

      In order to exercise your right of withdrawal, you must inform us (mocha, email: info@mocha.es) by means of a clear statement (e.g. e-mail) of your decision to withdraw from this contract.

      To keep the withdrawal period, it is sufficient if you send the declaration of withdrawal within the withdrawal period.

      In the case of withdrawal, a refund of the purchase price will take place only step by step against deferment of the goods received by the customer. The goods muse be returned in unused and as new resaleable condition. For articles which are affected by traces of use, we will charge an appropriate fee for the impairment. Vintage pieces can not be returned. 

      In the following cases we only refund the purchase price, but not shipping or return costs:

      - Specification of wrong address when ordering
      - No timely collection of the package at the post office
      - Order of a wrong size

      Consequences of the resignation:

      For this refund, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this refund fees. We can refuse the refund until we have received the goods back. You must return or hand over the goods to the seller immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

      You bear the cost of the return.

      Sale items and digital goods can not be exchanged.

       

      § 9 OWNERSHIP

      Until full payment, the delivered goods remain the property of the seller.

       

      § 10 WARRANTY AND LIABILITY

      If goods are delivered with obvious transport damage, the customer is asked to contact the seller immediately.

       

      § 11 FINAL PROVISIONS

      Should any provision of these Terms and Conditions be ineffective, this shall not affect the remaining provisions. In place of the invalid provision, the relevant statutory provisions apply.

      Austrian law applies.

      The place of fulfillment and jurisdiction is, as far as legally permissible, for deliveries and payments as well as all disputes arising between the parties, Vienna. For end-consumers, the place of performance and jurisdiction is the buyer's place of business.

       
      Source: http://www.Rechtsanwalt-Metzler.de/