Terms of service

GENERAL TERMS AND CONDITIONS

The following terms and conditions apply to all online offers, sales and purchases of products through the website(s) currently located at www.mo-jet.com (together with any successor sites, the "Website"). These Terms hereby incorporate by reference the terms and conditions of the Privacy Policy applicable to the Website.

1 DEFINITIONS

1.1 The following terms and expressions shall have the following meanings:

  1. "Consumer" means any natural person who is acting wholly or mainly for purposes which are outside his trade, business, craft or profession;
  2. "Day" is a calendar day;
  3. "durable medium" means any medium which enables you or the trader to store information addressed personally to him. information addressed personally to him in such a way that it can be stored for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the stored information;
  4. "digital content": Data that is created and delivered in digital form;
  5. "Product(s)" means the hardware and software product(s) and related accessories listed and described on the Website and provided to you by the Merchant in accordance with these Terms and Conditions.

2 IDENTITY

2.1 The products sold through the Website are sold to you by Jetworx GmbH ("Dealer" or "us").

The contact details of the Dealer are as follows:

Jetworx GmbH
An der Bahn 5
22844 Norderstedt
Norderstedt, Germany

For complaints please contact:

Jetworx GmbH
An der Bahn 5
22844 Norderstedt
Germany

3 SCOPE OF APPLICATION

3.1 These General Terms and Conditions apply to every offer made by the trader and every contract between the trader and you. Local laws and regulations at your place of residence may affect certain terms and conditions. These Terms and Conditions are therefore subject to local variations depending on the applicable law. We reserve the right to make changes to these Terms and Conditions and the way we interact with you, including the fulfillment of your orders, at any time to ensure compliance with local laws and regulations.

4 ORDERING AND CONTRACTING

4.1 When you visit the Website, place an order or send an email to us, you are communicating with us electronically. For contractual purposes, you agree that we may provide notices to you electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights in relation to electronic communications.

4.2 You will be asked to expressly accept these Terms and Conditions before confirming your order. You represent and warrant that you are at least eighteen (18) years of age and have the legal right to use the means of payment you have chosen. Verification of the information you provide may be required prior to confirming or accepting an order or completing a purchase. You will have the opportunity to review your order and correct any input errors before submitting your order to us.

4.3 Upon receipt of your order confirmation, we will immediately send you a confirmation of receipt and confirmation by email that we have dispatched the product to you. Please note that we will only deliver the products to your address. We will inform you by email if, due to circumstances beyond the retailer's control, a product you have ordered is not available or if we are unable to dispatch a product within the expected delivery times.

4.4 All relevant sales information forms part of the Contract and may not be amended unless we have expressly agreed otherwise.

5 WITHDRAWAL

5.1 Except where you have no right of withdrawal under clause 5.7, you have a period of 14 days to withdraw from the contract without giving any reason and without incurring any costs other than those provided for in clause 5. The withdrawal period expires after 14 days:

  1. in the case of contracts for the sale of goods, on the day on which you or a third party nominated by you, other than the carrier, takes possession of the goods; or
  2. in the case of several products ordered by you in one order and delivered separately, the day on which you or a third party named by you, who is not the carrier, obtains physical possession of the last product;
  3. in the case of a contract for the supply of a product consisting of several lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
  4. in the case of a contract for the regular delivery of goods during a specified period: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.

5.2 In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or via the contact information provided to you in accordance with clause 2.1). You may use the attached model withdrawal form, but this is not mandatory. You can also submit the sample withdrawal form or another clear declaration electronically on our website via our contact page https://mo-jet.com/en/policies/contact-information; in this case, we will immediately send you a confirmation of receipt of the withdrawal on a durable medium. To process your revocation, we recommend that you first contact our Support Center. The form on the contact page - https://mo-jet.com/en/policies/contact-information in the webshop contains further detailed instructions. You have exercised your right of withdrawal within the withdrawal period if the notification of the exercise of the right of withdrawal was sent by you before the end of the withdrawal period. With the exercise of the right of withdrawal, the obligations of the parties to fulfill the contract end.

If you exercise your right of withdrawal, all ancillary contracts are automatically terminated.

5.3 If you withdraw from the contract, we shall reimburse to you all payments received from you (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which you communicate your decision to withdraw from this contract to us pursuant to clause 5.2. We will use the same means of payment for this refund as you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the products, whichever is the earliest.

5.4 You are obliged to return all products to Jetworx GmbH, An der Bahn 5, 22844 Norderstedt, Germany, or to hand them over to us without delay, but no later than 14 days from the date of acceptance of the order in accordance with section 4.3.

Batteries can be returned within the withdrawal period of 14 days, but only if the seal on the packaging has not been broken or tampered with (see clause 5.6 below). In this case, please note that a battery is classified as a so-called dangerous good, which requires special care. Therefore, please follow our detailed instructions on our website if you wish to return these products within 14 days.

5.5 You will only be liable for the cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5.6 You have no right of withdrawal in the following cases:

  1. for the supply of products whose price depends on fluctuations in the financial market which cannot be controlled by us and which may occur within the withdrawal period;
  2. for the delivery of goods that are made to your specifications or are clearly customized for you;
  3. for the delivery of goods that can spoil quickly or whose expiry date would be exceeded;
  4. for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery;
  5. for the delivery of products which, by their nature, are inseparably mixed with other items after delivery; and
  6. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
  7. for the supply of digital content which is not supplied on a physical medium, where the supply has begun with the consumer's express consent and the consumer acknowledges that the right of withdrawal is thereby lost.

Please note that batteries cannot be returned for health and safety reasons (as mentioned in clause 5.6 point d) if the seal on the battery pack is broken or tampered with within the 14 day period. You are entitled to inspect our Products and to handle/inspect the Products to the extent necessary to determine the nature, characteristics and operation of the Products. Any use of our products beyond that necessary to determine the nature, characteristics and functioning of the products may result in deterioration or impairment of the value of the goods. For example, if you return our water nozzles and it turns out that the product has come into contact with water, we will deduct the reduced value from the purchase price.

5 .7 The burden of proof for exercising the right of withdrawal under this clause lies with you. With the exception of the cases provided for in clause 5, you accept no liability as a result of exercising the right of withdrawal.

6 DELIVERY AND PERFORMANCE

6.1 Unless we have agreed otherwise at the time of delivery, we shall deliver the Products by transferring physical possession or control of the Products to you without undue delay and in any event no later than 30 days after the conclusion of the Contract.

6.2 If we have not fulfilled our obligation to deliver the Products at the time agreed with you or have not fulfilled it within the period referred to in Clause 6.1, you must request us to commence delivery within a reasonable period of grace in the circumstances. If we do not deliver the products within this grace period, you are entitled to terminate the contract. The foregoing shall not apply to sales contracts or if delivery or the commencement of delivery within the agreed delivery period is essential taking into account all the circumstances of the conclusion of the contract or circumstances of the conclusion of the contract are essential or if you notify us before the conclusion of the contract that delivery by a certain date or at a certain time is essential. In such cases, if we fail to deliver the Products at the time agreed with you or within the period specified in clause 6.1, you shall be entitled to terminate the contract immediately.

6.3 Upon termination of the Contract in accordance with clause 6.2, we will immediately refund all sums paid under the Contract.

6.4 In addition to terminating the Contract in accordance with clause 6.2, you may have other remedies available to you under national law.

6.5 Orders will be dispatched on working days (Monday to Friday), with the exception of applicable national holidays in Germany. If products in your shopping cart have the status "pre-order", your entire order will be delayed until all items in your order are in stock. You will receive a shipping confirmation email with tracking information on the day your order leaves our warehouse. When an order is placed, it will be shipped to the shipping address you provide, provided that this shipping address is complete and compliant with the shipping restrictions stated on the website. All shipments will be made by an independent carrier specified on the Site. The shipping dates on the Website are estimates and are not binding. We will notify you by email when a product is shipped. In the event of any conflict between this clause 6.5 and any other part of clause 6, the other part shall prevail.

6.6 Subject to clause 6.8, title, risk of loss or damage to the Products will pass to you when you or a third party nominated by you, other than the carrier, has obtained physical possession of the Products.

6.7 Our standard shipping charges are based on the total value and/or size and/or weight of the Goods in a single shipment and the shipping address. Expedited delivery charges, if applicable, are in addition to standard shipping charges. Charges for standard and expedited shipping will be displayed on the Website before you place your order.

6.8 Title to all Products will not pass to you until we have received final payment in full.

7 PRICE AND PAYMENT

7.1 The prices displayed on the Website are the total prices quoted in the applicable currency for your chosen location, excluding taxes and duties, or if the price cannot reasonably be calculated in advance due to the nature of the Products, the Website will display the manner in which the price is to be calculated and, where applicable, any additional freight, delivery or postal charges and any other charges or, if such charges cannot reasonably be calculated in advance, the fact that such additional charges may apply.

7.2 In the event of a material pricing error on an item you have ordered, we will notify you and await your acceptance of the corrected price before continuing to process your order. Your credit card or other payment instrument will be charged by Trader and the charge may appear on your bank statement as "Mo-Jet via Jetworx GmbH". If you do not wish to proceed with the order, we will promptly refund any amounts already charged.

8 WARRANTY

8.1 We warrant for a period of one (1) year from delivery of the Product that the Product will conform to the Contract, the manufacturer's specifications and warranty conditions supplied with the Product, the reasonable requirements of fitness for purpose and/or reliability and the existing provisions of any statutory and/or governmental regulations in force at the date of the Contract. This warranty does not apply to products that have been damaged by improper use, accident or normal wear and tear or to user errors in resealing against the entry of water into the housing or to any resulting damage.

In the event of a defect, please contact us via our contact page: https://mo-jet.com/en/policies/contact-information.

8.2 The following clause does not apply if you are a consumer. Our sole obligation under the warranty in clause 8.1 is to repair or replace the Product at our discretion.

all implied warranties of quality or fitness for a particular purpose are limited to the duration of the warranty set out in clause [8.1]. JETWORX GMBH DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JETWORX GMBH BE LIABLE FOR LOSS OF DATA, REVENUE OR PROFITS, OR FOR ANY INDIRECT DAMAGES, LOSS OF BUSINESS OR REPUTATION WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE PRODUCT. EVEN IF JETWORX GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JETWORX GMBH'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. in no event shall jetworx gmbh be liable for any loss or damage of any kind incurred by you or any other person under these terms and conditions.

8.3 Warranty returns are limited to the individual warranty for each product as defined on the product packaging, instructions and on our website. If you experience a problem with your Mo-Jet product, we recommend that you first contact our support team for assistance - https://mo-jet.com/en/policies/contact-information

8.4 Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your rights under applicable national legislation governing the sale of consumer products.

9 LIABILITY

9.1 If you are a consumer, we are only liable for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. In no event will we be liable for loss of data, but only for losses that are a natural and foreseeable consequence of our breach of these Terms and Conditions. If you use the Products for commercial, business or resale purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. The foregoing does not affect your non-excludable statutory rights and applies only to the extent permitted by applicable law.

9.2 If you are not a consumer: Subject to clause 8. 2 and unless otherwise stated in these Terms and Conditions, we shall not be liable (for damages or otherwise) in connection with these Terms and Conditions and any orders, products or purchases, except (a) to the extent that damages arise from willful misconduct or gross negligence by us or our representatives or agents, (b) for death or personal injury or property damage caused by our defective products, (c) for death or personal injury caused by our negligence or that of our representatives or agents, or (d) to the extent that our liability cannot be validly excluded under applicable law.

10 PERSONAL INFORMATION AND DATA PROTECTION AND EXPORT CONTROL

We comply with all data protection laws and will only use information that identifies you ("Personal Information") as described in the Privacy Policy https://mo-jet.com/en/policies/contact-information.

10.1 Please note that the Products, which may include technology and software, are subject to EU export laws and the laws of the country to which they are shipped or in which they are used. You agree to comply with these laws. Under these laws, the products may not be sold, leased or transferred to restricted countries, end users or end uses.

11 ASSIGNMENT

11.1 The Contract entered into under these Terms and Conditions is personal to you and you are not entitled to assign or transfer it to any other person without the Merchant's prior written consent. The trader has the right to assign the contract in whole or in part to a company or legal entity for business reasons, provided that this does not result in a reduction in the guarantees for the consumer.

12 APPLICABLE LAW AND EXCLUSIVE JURISDICTION

12.1 If you are a consumer: Notwithstanding anything to the contrary in the Terms of Use, and unless the law of your domicile provides otherwise, these Terms and Conditions and your purchases shall be governed by German law without regard to conflict of law principles. You submit to the non-exclusive jurisdiction of the courts of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2 If you are not a consumer: Notwithstanding anything to the contrary in the Terms of Use, these Terms and Conditions and your purchases shall be governed by German law, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. All disputes arising out of or in connection with the Terms of Use, these Terms and Conditions and your purchases shall be subject to the exclusive jurisdiction of the competent court in Germany.

12.3 The rights to which you are entitled under these Terms and Conditions are in addition to any statutory rights and remedies you may have under applicable consumer protection law. In the event of any conflict between these Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.