1.1 MONOQI GmbH (“MONOQI”), Gormannstr. 22, 10119 Berlin, operates an online shop (“Portal”) with an associated members’ area (“MONOQI Club”) on the website www.monoqi.de or www.monoqi.com. Visitors to the online shop (“Users”) are presented with goods to purchase. The goods are sold in quantities that are usual for use in private households.
1.2 MONOQI’s range of goods is directed equally at consumers and companies, however only to end-users. For the purposes of these General Terms and Conditions (GT&C), (i) a consumer is any individual, who concludes a contract for purposes, which can chiefly neither be assigned to their commercial nor independent professional activity and (ii) an “Entrepreneur” is any individual or legal entity or incorporated partnership, which is exercising its commercial or independent professional activity when the contract is concluded.
1.3 These GT&C are applied to all business relationships of MONOQI with the Users. Terms and conditions of the User will not be applied, even if MONOQI does not contradict their validity specifically in an individual case.
1.4 You have the opportunity to take out membership of the MONOQI Club and/or purchase contracts in German or English. If both language versions of these GT&C are effectively incorporated in the contract, the German version will be applied.
1.5 The GT&C can be called up, printed out and saved for the duration of the contract in the relevant valid version at https://monoqi.com/en/terms/. The GT&C will not be saved separately by MONOQI after a contract has been concluded.
The sale of alcoholic drinks to young people under 18 years of age is forbidden. Our range of alcoholic drinks is therefore directed exclusively at adults. By sending off the order, the User declares that he is over 18 years of age and is an adult. If the User is younger, he must not order any alcoholic drinks from MONOQI.
3.1 Selected special offers at www.monoqi.de and www.monoqi.com are accessible exclusively to Users registered in the MONOQI Club (hereinafter also referred to as “MONOQI Club Member”). Registration for the MONOQI Club takes place by entering an email address and a password, which the User selects (“Access data”). MONOQI will send the User a confirmation of receipt by email. The confirmation of receipt will contain a link to confirm the email address and complete registration. Registration is also possible via Facebook Connect or Amazon. By completing the registration, the User is providing a legally binding offer to conclude a membership contract with MONOQI and set up a MONOQI Club Account.
3.2 A membership contract will come about only when MONOQI declares acceptance or approves the MONOQI Club Account.
3.3 Registration and membership are free of charge. They do not establish an obligation to purchase.
3.4 MONOQI has the right to refuse registrations and memberships without indicating any reasons.
3.5 It is possible to set up a MONOQI Club Account only by providing a current email address of the User (when registration is carried out via Facebook Connect or Amazon, this is the email address assigned to the relevant account). This email address is also used for communication with MONOQI. The User must provide all the data requested in full and truthfully when registering. The use of pseudonyms is not permitted. If the User’s data changes during membership, he is obliged to adjust the data provided immediately.
3.6 When the MONOQI Club Account is approved, the User will receive password protected access to the MONOQI Club. MONOQI Club members must not pass on the access data to a third party and are obliged to handle the access data confidentially and protect it from unauthorised access. MONOQI Club members are obliged to notify MONOQI immediately if there are indications of misuse of the access data by a third party.
3.7 Every User is permitted to be registered only once with the MONOQI Club at any time. If MONOQI terminates this contract, a User is permitted to register again only with the express consent of MONOQI.
3.8 MONOQI retains the right to delete MONOQI Club Accounts, which have not been opened for six months or whose users cannot be reached via the email address provided.
4. Promotional vouchers, gift cards and shopping credits
4.1 Promotional vouchers
4.1.1 Promotional vouchers are vouchers, which are issued by MONOQI as part of advertising campaigns or sales promotions. Promotional vouchers have a purchase value stipulated by MONOQI, which MONOQI Club members can redeem with a gift card for future purchases as part of the MONOQI Club.
4.1.2 Promotional vouchers are assigned an electronically generated code, on which the purchase value is saved. Promotional vouchers cannot be purchased.
4.1.3 Promotional vouchers can be redeemed only during the period indicated (e.g. for a certain period or sales promotion) and only once for a purchase of goods as part of the MONOQI Club. Insofar as the duration of validity is not expressly mentioned when it is issued, the purchase value of a promotional voucher will lapse six months after it is issued or at the end of membership. An extension or transfer (e.g. to other promotions) is not possible.
4.1.4 MONOQI retains the right to accept only one promotional voucher per order. MONOQI can exclude individual products from a voucher campaign. MONOQI can link the redemption of promotional vouchers with a minimum order value.
4.1.5 Promotional vouchers can be redeemed only before completion of the order process. Subsequent offsetting of the purchase value is not possible.
4.1.6 Promotional vouchers will be offset only against the purchase price. Offsetting against shipment costs is not possible. Promotional vouchers can also not be used to buy gift vouchers.
4.1.7 f the purchase price of a shopping transaction exceeds the purchase value of a voucher, the difference must be settled via the payment methods offered. If the purchase value of a promotional voucher that is being redeemed exceeds the purchase price of a shopping transaction, the difference of the purchase value of the promotional voucher will lapse.
4.1.8 The purchase value of a promotional voucher cannot be paid out in cash. Interest will also not be added to the purchase value by MONOQI.
4.1.9 In the event of a (partial) cancellation or other (partial) reversal of a transaction for the purchase of goods, the purchase value of a promotional voucher will not be reimbursed. A cash payment is not possible.
4.1.10 Lost, deleted or stolen promotional vouchers will not be replaced.
4.2.1 Gift vouchers can be purchased. Gift vouchers have a fixed value, which the User can redeem when goods are ordered. Gift cards are assigned an electronically generated code on which the value is saved.
4.2.2 The purchase value of a gift voucher can be redeemed only before completion of the order process. Subsequent offsetting of the purchase value is not possible.
4.2.3 The purchase value of a gift voucher can be offset only against the purchase price. Offsetting against shipment costs is not possible.
4.2.4 If the purchase price of a shopping transaction exceeds the redeemed value of a gift voucher, the difference must be settled via the payment methods offered.
4.2.5 If the value of a redeemed gift voucher exceeds the purchase price of a shopping transaction, the residual value will remain assigned to the relevant voucher code.
4.2.6 In the event of a (partial) cancellation or other (partial) reversal of a transaction for the purchase of goods, the value of the gift voucher will be credited to the MONOQI Club member at the value redeemed to his MONOQI Club Account as a purchase credit (MONOQI CREDIT). For other Users the purchase value will be credited back to the relevant voucher code at the value redeemed. The purchase credit (MONOQI CREDIT) is not transferable.
4.2.7 The credit value of a gift voucher cannot be paid out in cash. Interest will also not be added to the credit value by MONOQI.
4.2.8 Lost, deleted or stolen gift vouchers will not be replaced.
In the event of a (partial) cancellation or other (partial) reversal of a transaction for the purchase of goods, MONOQI Club members can have the payment to be made by MONOQI credited as a purchase credit (MONOQI CREDIT) instead of being paid in cash. The purchase credit (MONOQI CREDIT) acquired will in this case be credited back to the MONOQI Club member in his MONOQI Club Account. The purchase credit (MONOQI CREDIT) can in this case be used only for future purchases in the MONOQI Club. Offsetting against shipment costs is not possible. Subsequent payment in cash is not possible in this case. Interest will not be paid on the purchase credit (MONOQI CREDIT). It will lapse three years from the end of the year in which the credit was granted. The purchase credit (MONOQI CREDIT) is not transferable.
5.1 The User will use www.monoqi.de or www.monoqi.com exclusively within the terms of the contract envisaged.
5.2 The User has no entitlement regarding the maintenance of individual functionalities of the Portal. MONOQI will try to maintain problem-free operations. This is naturally limited to the services over which MONOQI has an influence.
5.3 MONOQI can limit its services in full or in part, in terms of time or duration, if this is necessary with regard to maintenance work, capacity limits, the security or integrity of servers, to carry out technical measures or owing to other events, which are outside its sphere of control.
5.4 All the rights to the content of the Portal lie with MONOQI. The User is forbidden from copying, disseminating and/or publishing content, which MONOQI has entered on the Portal. The User must not use the data and content ascertained through inquiries from or the use of the Portal or which is accessible in the Portal either in full or in part or extracts from the latter
• to build up his own data base in any form of media and/or
• for any commercial data use or to provide information and/or
• for any other commercial use
5.5 Users must search for sales offers on the platform exclusively by using the search screens provided by MONOQI. Searching for offers by circumventing the search screens is not permitted, in particular by using automated search software, which accesses the databases of MONOQI. Content of the Portal must not be copied, disseminated, or used in any other manner without the prior consent of MONOQI. This applies in particular also to copying with the aid of robots, crawlers or other automated procedures.
6.1 The Parties can terminate membership at any time without providing any reasons and without complying with a period of notice by email (when terminated by the User either to firstname.lastname@example.org or by activating the corresponding push button in the member’s account).
6.2 The right to termination without notice for a compelling reason remains unaffected.
6.3 One reason, which entitles MONOQI to termination of membership without notice, exists in particular if:
– the User provides false information or does not update details that have changed immediately contrary to Section 3.5;
– the User passes on his access data contrary to Section 3.6;
– the User sets up more than one MONOQI Account contrary to Section 3.7.
6.4 MONOQI can take into account all the circumstances of the individual case and considering the interests of both contracting parties also apply milder measures instead of termination without notice, for example blocking access temporarily or permanently – such as until clarification of the facts of the case – or excluding the User from individual functions or special offers. The User will be informed of this on his next login attempt.
6.5 Termination leaves obligations from contracts that have been concluded unaffected. Access to the MONOQI Club Account is no longer possible in the event of termination.
7.1 Stocks of the goods presented on www.monoqi.de or www.monoqi.com are limited in time and quantity. MONOQI retains the right to make orders dependent on the satisfaction of certain conditions.
7.2 MONOQI is obliged only to supply the goods from the stock of goods and those ordered by MONOQI at suppliers. MONOQI assumes no risk for obtaining an ordered good (procurement risk). This also applies when goods are ordered, where only the type and features are described (generic goods).
8.1 The presentation of goods at www.monoqi.de or www.monoqi.com is an invitation to make a purchase offer by the purchaser and not a legally binding offer by MONOQI.
8.2 The purchaser submits a legally binding purchasing offer when the order is sent by activating the “Buy now” button. MONOQI will confirm receipt of the order to the purchaser (confirmation of receipt). The confirmation of receipt does not represent a legally binding acceptance of the purchase offer by the purchaser.
8.3 A purchase contract regarding the goods comes about only if MONOQI expressly confirms acceptance of the contract or sends the goods.
8.4 MONOQI will send the purchaser the order data by email. The purchaser can view his order data at any time in his customer account.
MONOQI grants consumers a voluntary right of cancellation. They have the right to cancel this contract within fourteen days without indicating any reasons. The cancellation period is fourteen days as of the day on which you or a third party named by you, who is not the freight forwarder, has taken the goods into their possession.
In order to exercise your right of cancellation, you must inform us
Tel: +49 (0) 30 920 336 20,
by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to cancel this contract.
In order comply with the cancellation deadline, it is sufficient if you send the notification about exercising the right of cancellation or the goods ordered before the expiry of the cancellation deadline.
The deadline is met if you send back the goods before the period of 14 days has expired. We bear the costs for the return of goods. You are liable for any diminished value of the goods if their standard does not comply with the characteristics or the functionality of the original goods ordered.
(If you would like to withdraw from the contract, please fill out this form and return it to us)
Hereby I/we (*) wish to revoke a contract concluded by me/us (*) for the purchase of the following goods/the provision of the following services
If you effectively withdraw from a contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of additional costs arising from a different choice of delivery other than the type of the most favourable, standard delivery offered by us.) We will reimburse you without undue delay within 14 days from the date from which you communicate your withdrawal from the contract to us. For repayment, we will use the same means of payment that you used in the original transaction, unless otherwise explicitly agreed with you. In no case will you be charged for reimbursement fees. We may refuse repayment until we have received the goods, or until you have provided proof that they have been returned, whichever takes place first. You must return the goods to MONOQI without undue delay, and in any event no later than 14 days, from the date on which you informed us that you’ve withdrawn from the contract. Please send all returns to:
The right of cancellation does not exist for the following contracts:
– Contracts to supply goods, which are not pre-fabricated and for whose production an individual selection or specification by the purchaser is decisive or which are clearly tailored to the personal requirements of the purchaser,
– Contracts to supply goods, which can deteriorate quickly or whose expiry date would quickly be exceeded,
– Contracts to supply sealed goods, which are not suitable to be returned owing to health protection or hygiene, if their seal was removed after delivery,
– Contracts to supply goods, if the latter owing to their properties have been mixed with other goods and cannot be separated,
– Contracts to supply newspapers, publications or magazines with the exception of subscription contracts.
The purchaser should avoid damaging or contaminating the goods and return the goods if possible in the original packaging with all the accessories and with all the packaging components to MONOQI. The purchaser should use a protective outer packaging if necessary with suitable packaging to provide sufficient protection against damage in transport to avoid claims for compensation owing to damage as a result of deficient packaging. The above-mentioned procedures are a condition for the effective exercising of the right of cancellation.
10.1 The prices indicated on the item page at the time of the order apply to orders in each case. The prices are final prices including statutory value added tax and all other price components.
10.2 Shipment costs are charged for each order in addition to the price of the goods. The shipment costs depend on the size and weight of the goods, the selected type of shipment and the country to which they are being sent. They are shown on the item page and on the order.
10.3 In cases in which prices are shown incorrectly at www.monoqi.de or www.monoqi.com owing to technical errors and a purchase contract comes about on the basis of the incorrect prices, MONOQI is also still entitled to contest the purchase contract if an automatic order confirmation has already been sent. In the case of such a contestation by MONOQI, payments already made by the purchaser will be reimbursed immediately.
11.1 The purchase price and shipment costs are to be paid immediately after completion of the purchase contract without any deductions.
11.2 In principle payment will take place by credit card, immediate transfer, PayPal or PostFinance. MONOQI accepts various credit cards such as Visa and Mastercard. MONOQI retains the right to refer the purchaser to certain payment methods in individual cases.
11.3 If the purchaser falls into arrears with a payment, then he is obliged to pay the statutory interest on arrears of five percentage points above the base interest rate. A reminder fee of 5,00 EUR will be charged for every reminder letter, which is sent to the purchaser once he has fallen into arrears.
12.1 MONOQI will send the goods within the period indicated on the website. A condition for the dispatch of the goods is full payment of the invoice total by the purchaser.
12.2 Deliveries will be made to the delivery address notified by the purchaser. The purchaser bears responsibility for ensuring that the shipment can be received at the delivery address indicated during normal business hours. In the event of a delay in acceptance by the purchaser, the latter owes MONOQI the reimbursement of the additional expenditure, which MONOQI incurred for the unsuccessful attempt at delivery as well as for keeping and maintaining the item.
12.3 As an exception, MONOQI is not obliged to deliver the goods ordered if MONOQI has ordered the goods correctly before the conclusion of the contract, but has not been supplied correctly or on time (covering transaction). A further condition is that MONOQI was not responsible for the lack of availability of the goods and did not assume the risk of procurement of the goods ordered. MONOQI will inform the purchaser immediately about non-availability. In this case MONOQI will immediately reimburse any payments already made by the purchaser.
12.4 MONOQI has the right to make partial deliveries, insofar as this is reasonable for the purchaser under consideration of the interests of both Parties. Any additional shipment costs will naturally be assumed by MONOQI.
12.5 Obvious transport damage is to be reported immediately to the freight forwarder and MONOQI. The report has not effects on the warranty rights of purchasers, but makes it easier for MONOQI to assert its own claims against the freight forwarder.
13.1 The ownership of the goods is transferred to the purchaser only with fully payment.
13.2 The purchaser has a right to offsetting only if his counterclaim has been determined in law or is not disputed by MONOQI. The purchaser can exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
If the goods delivered are defective, the purchaser has the statutory warranty rights under sales law. Defects such as the usual wear and tear, normal wearing and damage which occurs thought incorrect handling or excessive use are not considered to be defects.
15.1 MONOQI has unlimited liability if damage is caused by intent or gross negligence.
15.2 MONOQI is liable for slight negligence only if it violates major obligations and this endangers the achievement of the purpose of the contract or if it breaches obligations whose satisfaction has actually made the correct implementation of the contract possible in the first place and if the contracting partner regularly relies on compliance with these obligations (material contractual obligations). However, in these cases MONOQI is liable only for the damage that was foreseeable and contractually typical when the contract was concluded.
15.3 These limitations of liability do not apply in the event of injury to life, limb or health, insofar as the Product Liability Act envisages liability, in the event of the assumption of a guarantee for the features of a product and if there are maliciously concealed defects.
15.4 If liability is ruled out or restricted for MONOQI, then this also applies to the personal liability of MONOQI employees, representatives and vicarious agents.
16.1 The User releases MONOQI and its employees or contractors from all claims by a third party owing to assumed or actual violation of the law and/or rights of a third party by the User in connection with the actions associated with use of the website e.g. on the basis of discontinuation of own content by the User. In this case the User will assume all the costs, which are incurred by MONOQI through the claims asserted by a third party. The reimbursable costs also include the costs of an appropriate legal defence including court and lawyers’ costs at the statutory level.
16.2 In the event of claims by a third party as described above, the User is obliged to provide MONOQI immediately, truthfully and fully with all the information, which might be necessary to verify the claims and to defend against the latter.
17.1 MONOQI is not obliged to participate in dispute settlement proceedings before a consumer arbitration committee and will also not participate in such proceedings voluntarily.
17.2 However, the platform of the EU Commission for the out-of-court settlement of disputes is available to the User. The platform of the EU Commission for online resolution of disputes can be called up under the following link: www.ec.europa.eu/consumers/odr.
18.1 German law is applied exclusively to the above-mentioned contractual provisions excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The choice of law has only a limited or no application if the User is a consumer and concludes this purchase contract for a purpose, which cannot be assigned to his professional or commercial activity and
– consumer protection provisions at his normal place of residence are withdrawn from the User by this contract, from which there must be no deviation according to the law of the country of residence of the User through an agreement. In this case the relevant consumer protection provisions of his country of residence will also be applied supplementarily to the choice of law.
– in accordance with the law of the country in which the User has his place of residence or normal place of residence, a choice of law is ruled out. In this case the law is applicable to this contract, to which the corresponding law of this country refers. If the User is a consumer with his normal place of residence in Switzerland, Swiss law will be applied, insofar as the conditions of Art. 120 Para. 1 letter a-c Swiss Private International Law Act (IPRG) exist.
18.2 Should one of the above-mentioned provisions be legally ineffective, this will not lead to the ineffectiveness of the remaining provisions.
18.3 If you are a merchant, legal entity under public law or a special fund under public law, then the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Berlin.