TERMS AND CONDITIONS (TERMS)
The binding version of these terms is the German one. You may choose to complete the contract in German or in English. The English version only serves the convenience of the user.
1 Scope of the terms
1.1 The Things I Like GmbH (“MONOQI”) hosts a shopping community on www.monoqi.de resp. www.monoqi.com. The registered members of the community (the "Users") have access to limited sales promotions which introduce products. The products are sold in quantities suitable for normal households. The products are only being sold within the European Community and to Switzerland and Norway (the "sales area").
1.2 The products offerings are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a “Business Customer” of a Costumer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct if its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
1.3 These Terms apply to all business relations between MONOQI and Users. Standard business conditions of the User do not apply, regardless of whether or not MONOQI expressly object to them in a particular case.
1.4 The laws of Federal Republic of Germany under exclusion of the UN Convention of the International Sale of Goods (CISG) is applicable to all relations between MONOQI and User.
2.1 The sales promotions on www.monoqi.de and www.monoqi.com are only accessible to registered members. Potential customers may register by asking for an invitation first. After receiving the invitation they may complete the registration (Double Opt-In procedure). It is also possible to register via Facebook Connect.
2.2 The registration and the membership are free of charge. They do not involve an obligation to buy. The registration constitutes a usage agreement between MONOQI and User.
2.3 MONOQI may refuse an invitation or a registration without giving any reason.
2.4 During the registration process the User transfers all required data truthfully and completely. MONOQI may restrict, block, or delete a member's account if the member has given false information during the registration. When choosing one of the aforementioned measures, MONOQI will consider the impact of the false information, the legitimate interests of the User, and the degree of responsibility. If a User's data changes in the course of his membership, he will adjust his member profile immediately.
2.5 After his registration the User will get a confirmation via e-mail as well as login credentials for his individual, password protected access to the shopping community. The User will keep the login credentials confidential and prevent any unauthorized use by third parties. The User will immediately inform MONOQI if there are indications that his account is being misused by a third party.
2.7 Each User may only be registered once at any given time. In cases of simultaneous registrations, MONOQI may delete all registrations except for the oldest one. If these terms are breached, MONOQI reserves the right to exclude users from further promotions.
2.8 MONOQI may delete a member account if the respective User has not logged on to the account for six months or if he cannot be contacted via the provided e-mail address.
3 Invitations and shopping credits
3.1 Users are welcome to invite friends to the shopping community by providing them with the respective, individual MONOQI link, e.g. via e-mail, Facebook or Twitter.
3.2 MONOQI may reward shopping credits for the invitation of a friend (each credit rewarded under a certain promotion “One Shopping Credit”). The requirements stated at the time of the invitation apply. As a minimum requirement for the reward of shopping credits, the invited friend has to register for the first time by using the individual link provided by the User.
3.3 Shopping credits are rewarded by crediting them to a User's account. They can only be used for future purchases within the shopping community. They cannot be used on shipping costs. If the value of the respective purchase order exceeds the value of the shopping credits, the remaining payment amount will be settled by using one of the payment methods according to these terms. The use of the shopping credits may require a minimum order value. It is not possible to reimburse the remaining amount of One Shopping Credit or credit it for administrative reasons. MONOQI reserves the right to accept only One Shopping Credit per order.
3.4 Shopping credits can neither be traded for money nor be paid out.
3.5 Shopping credits are not transferable and will be forfeited six month after they have been granted, at the latest by the termination of a membership. Shopping credits granted before the start of sales will be forfeited six months after the start of sales.
3.6 Shopping Credits cannot be reimbursed if you return an order, in part or in its entirety.
3.7 MONOQI may take shopping credits away if a User has received them in a fraudulent manner, e.g. if he has invited non-existing people, in cases of double registrations, or if he has otherwise infringed these Terms or existing law in a relevant way.
4.1 The following conditions apply to all Vouchers issued by MONOQI. Vouchers include Welcome Vouchers as well as single Vouchers issued on an individual basis to Members.
4.1.1 Vouchers are only valid for the period of time specified at the time they are issued, or during a specific sale, but only when explicitly noted. Vouchers may not be applied to a different sale than the one specified. Vouchers may not be transferred to other members.
4.1.2 The use of a voucher may require a minimum purchase value. For administrative reasons, after a purchase with a voucher it is not possible to reimburse any remaining amount of a Voucher, nor can the remaining amount be credited to a member account. If the value of the respective purchase order exceeds the value of the voucher, the remaining payment amount will be settled by using one of the payment methods according to these terms.
4.1.3 MONOQI reserves the right to accept only One Voucher per order. Shopping credits can neither be traded for money nor be paid out
4.1.4 Vouchers cannot be used for shipping costs. Vouchers cannot be reimbursed if you return an order, in part or in its entirety, or if an order can only be partly delivered.
4.1.5 Lost or stolen Vouchers cannot be reimbursed. MONOQI does not assume liability for lost Vouchers.
4.1.6 In the event of reasonable suspicion of fraudulent use of Vouchers, MONOQI reserves the right to introduce alternate payment methods, to refuse delivery and/or to block a member’s account.
5.1 The Users act according to the destined functions of www.monoqi.de resp. www.monoqi.com. Any inappropriate or illegal use, manipulation, or change of the websites is prohibited. It is particularly forbidden to use www.monoqi.de resp. www.monoqi.com
5.1.1 to carry out or to support anticompetitive practices, including advertisement for other shopping communities and progressive customer acquisitions like chain systems or pyramid sales;
5.1.2 to copy or to read out contents like offers, tables, or data sets for commercial uses;
5.1.3 to use pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral contents or to advertise, offer, or sell such products;
5.1.4 to use malware;
5.1.5 to upload contents that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
5.1.6 to influence the availability of the MONOQI services in a negative way for other Users, including the interception of messages, the transmission of junk mail, and the transmission of messages for commercial purposes;
5.1.7 to use temporary e-mail addresses;
5.1.8 to provide names, addresses, telephone numbers, facsimile numbers, e-mail addresses, member names, or other data of messenger services.
5.3 The right to use the services of MONOQI is restricted to the current state of technology. MONOQI may restrict his services if this is necessary with regard to capacity limits, with regard to the security or integrity of the server, or with regard to the performance of technical measures and if the restriction serves the correct or improved provision of services. It may temporarily or partially be impossible to use MONOQI's services, e.g. for technical reasons.
6 Content from Users
6.1 Users may provide their own content, e.g. ratings. By submitting their own content, the Users entitle MONOQI to all rights of use regarding the handling and publishing of that content. This also applies to partial handling and publishing. The rights of use are unrestricted in time, range, and content. MONOQI is also entitled to transfer the content to third parties if this is necessary to handle or publish it.
6.2 MONOQI is entitled but not obligated to save, publish, delete, and abbreviate the Users' contents.
7.1 The User may terminate his membership anytime without giving reason and without notice by either sending an e-mail to email@example.com or by activating the respective button in his member account.
7.2 MONOQI may terminate a membership anytime without giving reason by sending an e-mail to the respective user 14 days before the date of termination. The right of termination for cause and without notice remains unaffected.
8 Rights of third parties
Some contents of www.monoqi.de resp. www.monoqi.com are protected according to data privacy law, copyright law, or trademark law. Contents must not be copied, promoted, reproduced, or otherwise be used without permission of the respective owner of rights. This particularly applies to the use of robots, crawlers, or other automatic techniques.
9 Sales promotions
Goods are being presented within the scope of limited sales promotions and their availability is restricted in time and quantity. MONOQI may set special requirements for the access to individual sales promotions.
10 Conclusion of contract
10.1 The presentation of goods on www.monoqi.de resp. www.monoqi.com is an invitation to the User to make an offer to buy; it does not constitute a binding sales offer by MONOQI. The User is not entitled to the availability of the presented goods. It is the User who makes a binding offer to buy by placing an order using the order button. The offer shall remain valid and binding for a period of two weeks. MONOQI may decline a User's offer to buy without giving reason.
10.2 MONOQI will save the contract text and send you the order information by e-mail. Your order information can be viewed in your account at any time.
10.3 MONOQI may withdraw from the contract
10.3.1 if he is not or not completely provided with goods by his own supplier over a timespan that is not just short and if he is not responsible for this, especially if he has concluded a matching hedging transaction with his own supplier early enough;
10.3.2 if the delivery of the goods is impossible over a timespan that is not just short, if the impossibility is caused by force majeure, by strike, or by shortage of raw material, and if MONOQI is not responsible for the impossibility.
MONOQI will immediately inform the User if one of the aforementioned circumstances arises. If the User has already paid the respective product fully or partially, MONOQI returns the payment immediately.
11.1 Notification of revocation
Right of revocation
Any User who is a Consumer may revoke his offer to buy within a period of 14 days and without giving reason. The revocation has to be done in text form (e.g. letter, e-mail, facsimile). If the respective product has been delivered to the User before the end of the period, he may also revoke by returning the product. The period starts with the receipt of this notification in text form, but not before the delivery of the product to the User (not before the first partial delivery in cases of recurring deliveries of similar goods), not before MONOQI has fulfilled his obligation to inform according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB, and not before MONOQI has fulfilled his obligation to inform according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
Dispatching the revocation or the product on time is sufficient to comply with the revocation period. The revocation is to be directed to:
Things I Like GmbH
All products are being returned to the following address of the MONOQI's logistics partner:
c/o Rieck Projekt Kontrakt Logistik
Berlin GmbH & Co. KG
Porschestraße 2 - 20
Consequences of revocation
If the user revokes his offer to buy effectively, both parties must mutually return the received contractual services including derived benefits (e.g. interest). If the User cannot completely return the received contractual services or emoluments (e.g. advantages of using) or if you can only return them in declined condition, the User has to compensate the lost value. The User only has to compensate the lost value caused by decline and the derived benefits if the decline or the emoluments are based on a treatment of the product that exceeds the examination of the product's characteristics and functions. The "examination of the product's characteristics and functions" is equal to what is possible, usual, and appropriate if the respective product was offered in a retail shop.
Products eligible for shipping by mail are to be sent back at MONOQI's risk. The User bears the usual costs for the shipment if the delivered product complies with the order and if the price of the returned product does not exceed 40 Euro or if the User has not paid the product or a contractual part payment at the time of the revocation. In all other cases the return of the product is free of charge. Products not eligible for shipping by mail will be picked up.
Any obligation to return a payment has to be met within 30 days. If the User is obligated to return a payment, the 30 days period begins with the dispatch of the revocation or the dispatch of the product; if MONOQI is obligated to return a payment, the period begins with the receipt of the revocation or of the product.
End of notification
11.2 Exclusion of the right of revocation
There is no right of revocation if the respective contract concerns the delivery of a product that is produced according to the customer's specifications or if the product is definitely designed to meet the customer's personal needs or if the product is not suited to be returned because of its characteristics or because it might decay or because its expiry date might be passed, if the respective contract concerns the delivery of audio or video recordings or software and the delivered data medium has been unsealed by the User, and if the respective contract concerns the delivery of newspapers or magazines.
11.3 Cost Agreement
If you exercise your right to cancel, you must bear the cost of returning the goods if the delivered goods or the price of the goods returned does not exceed the amount of 40 Euro, or if at the time of revocation you have not paid the costs or contractually agreed partial payment. In all other cases the return is free.
12 Prices and shipping costs
12.1 When placing an order, the price quoted on the article page at the time of the order is the valid one.
12.2 Shipping costs are being charged for every order. The shipping costs are not included in the quoted price. They depend on the size and the weight of the respective product, the shipping mode, and the country of delivery.
12.3 If prices have been quoted falsely on www.monoqi.de resp. www.monoqi.com because of technical mistakes and if a contract was concluded on the basis of such a false price, MONOQI may avoid the declaration that led to the contract. If MONOQI avoids a declaration and thereby terminates a contract in the aforementioned manner, he will return any contractual payment by the User immediately.
13.1 Prices and shipping costs have to be settled due net and immediately after the conclusion of the contract.
13.2 Payments are being settled by use of credit cards, direct payment via payment-network.com, or by use of PayPal. MONOQI may restrict the User to certain payment methods in individual cases.
14.1 MONOQI usually ships the goods within two weeks after the end of the sales promotion. Dependent on the type of product and the producer, the goods may be shipped later. If MONOQI specifies a delivery time or a delivery period, that time or period is only obliging if it has been confirmed as obliging in an explicit and written form. A product is only being shipped if the complete purchase price and shipping costs have been credited to MONOQIs account.
14.2 The User takes the responsibility that the ordered goods can be delivered at the indicated delivery address within normal working hours. If MONOQI cannot deliver a product three times in a row for reasons the User has to account for, MONOQI may withdraw from the contract. In such a case the payment of the User will be returned immediately less the costs for the unsuccessful tries to deliver.
14.3 Damages incurred during shipping should be reported immediately to the carrier and MONOQI. This message has no effect on the user's warranty rights, but may facilitate any claims MONOQI may bear against the carrier.
15 Retention of title
The User only becomes the owner of a delivered product if he has paid the product completely.
LIABILITY AND FINAL PROVISIONS
16 Liability of MONOQI
16.1 MONOQI is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
16.2 In cases of slight negligence, MONOQI is only liable if he has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if he has infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases MONOQI is only liable for predictable damages that are typical for the contract.
16.3 The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects.
16.4 If the liability of MONOQI is excluded or restricted, this also applies to the personal liability of his employees, representatives, and agents.
17 Liability of the User
17.1 The User relieves MONOQI of all claims that third parties enforce against MONOQI if the User is responsible for the reason for the claim, e.g. because he has provided own contents. In such a case the User also bears the necessary legal costs for the defense including lawyer's fees and court fees.
17.2 In cases of an aforementioned enforcement of claims by third parties, the User will provide MONOQI with all his information that is needed for the examination of the claim and for the defense against it. The User provides the information immediately, truthfully, and completely.
18 Final provisions
If individual terns are invalid, this does not affect the validity of the other terms. The invalid term is replaced by a valid term that conforms to the economic purpose of the invalid term.
Stand: 28th of February 2014
Your Things I Like GmbH