AGB
Terms and Conditions
Last Updated: July 28, 2024
1. These Terms
(1) This website (the "Site") and/or the services, including all associated mobile applications (collectively referred to as the "Services") and all offers and sales of products ("Products") through the Site, are owned and operated by Moloxy (sole proprietorship) (hereinafter also referred to as "we," "us," and "our"). These terms and conditions ("Terms") set forth the conditions under which visitors or users (collectively referred to as "Users" or "you") may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to these Terms and are bound by them. If you do not agree with all of these Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing Products. In these Terms, you will learn who we are, how we sell Products to you, how you can revoke your purchase agreement, and what to do in case of problems.
(3) You represent that you are of legal age and have the legal capacity, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need permission from your parents or a legal guardian to use the Services or purchase Products.
Purchase of Products
(1) The purchase of Products is subject to the terms in effect at that time.
(2) When you purchase a Product:
(i) You are responsible for reading the item description in full before making a binding purchase;
(ii) Completing an order on the Site (by completing a payment process via the button “Order Now” or a similar button) may constitute a legally binding contract for purchasing the respective Product unless otherwise stated in these Terms.
(3) You can select Products from our product selection by clicking on the appropriate button and adding them to your cart. Our prices are listed on the Site. We reserve the right to change our prices at any time and correct any unintended pricing errors. These changes do not affect the price of Products you have already purchased. During checkout, an overview of all Products added to your cart will be displayed. The overview includes essential features of each Product as well as the total price for all Products, applicable sales tax/VAT, and any shipping costs if applicable. On the payment page, you also have the option to review and modify products and quantities if necessary before placing your final binding order. All specified delivery times apply from receipt of your payment for the purchase price. By clicking on “Order Now,” you place a binding order for purchasing the listed Products at the specified price and shipping costs. To complete the ordering process via “Order Now,” you must acknowledge these Terms as legally binding for your order by checking the corresponding box.
(4) We will then send you an email confirmation of receipt for your order, listing your order again, which you can print or save using the corresponding function. Please note that this is an automatic notification confirming that we have received your order; it does not indicate that we have accepted your order.
(5) The legally binding agreement for purchasing Products is only concluded when we send you an acceptance statement via email or ship the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method—and you choose this payment method for your order—where a payment transaction is initiated immediately upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is considered concluded when you initiate the ordering process as described above by clicking on “Order Now.”
(6) The purchase contract can be concluded in German, English, French, and Italian. After concluding a contract, we will retain its terms; however, you will no longer have access to them.
Right of Withdrawal
(1) If you purchase one or more Products through the Site or Services that are shipped in one delivery, please refer to Appendix 1 regarding instructions on exercising your right of withdrawal.
(2) If you purchase one or more Products through the Site or Services that are shipped in partial deliveries, please refer to Appendix 2 regarding instructions on exercising your right of withdrawal.
(3) If you purchase one or more Products through the Site or Services consisting of digital content that is not delivered on a physical medium (e.g., CDs or DVDs), please refer to Appendix 3 regarding instructions on exercising your right of withdrawal.
(4) To exercise your right of withdrawal, you may use the withdrawal form provided in Appendix 4; however, this is not mandatory.
Warranty for Products
We are liable according to statutory warranty provisions for quality defects and/or legal defects in products purchased from us.
Storage of Online Payment Information
You can save a preferred payment method for future transactions. In this case, we store this payment information according to applicable industry standards where available (e.g., PCI DSS). You can identify your stored card by its last four digits.
Coupons, Gift Cards, and Other Offers
Coupons, gift cards, discounts, and other offers ("Offers") may be available for our products from time to time. Such Offers are only valid for the period specified in that Offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written consent.
Membership Account
(1) To access certain areas and features of our Site and utilize them fully, you must first register and create an account ("Membership Account"). You must provide accurate and complete information when registering your Membership Account.
(2) If someone other than yourself accesses your Membership Account and/or settings, they can perform all actions available to you and make changes to your Membership Account. Therefore, we strongly advise keeping your Membership Account login details secure. Activities conducted under such circumstances may be assumed to be performed by you on your behalf; thus you're solely responsible for activities occurring within your Membership Account—regardless of whether they were expressly authorized by you—and for any damages incurred due thereto.
You are liable for activities related to your Membership Account in this manner if you've negligently allowed others access by failing to exercise reasonable care in protecting your login details.
(3) You can create and access your Membership Account via a designated webpage or through a third-party platform like Facebook (the "Social Network Account"). By signing up through a third-party platform account, you're granting us access to certain information about yourself stored within that Social Network account.
(4) We may permanently or temporarily suspend or block access to your Membership Account without liability towards yourself in order to protect ourselves; our Site; our Services; or other users if you've violated provisions within these Terms or applicable laws/regulations concerning usage thereof. This action may occur without prior notice if circumstances require immediate action; however we'll inform you as soon as possible thereafter. Additionally we reserve rights terminating membership accounts with two months' notice via email should we decide—for example—to discontinue our membership program altogether. You can cease usage at any time requesting deletion of membership account by contacting us directly.
Permitted Use
(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our services, you must comply with these Terms and all applicable laws.
(2) Unless expressly permitted by these Terms, it is not allowed to:
(i) use our services in an unlawful or fraudulent manner (including infringing on the rights of third parties) or for purposes of collecting personal data or impersonating other users;
(ii) modify or use our notices regarding copyright, trademarks, or other proprietary rights or interfere with the security features of our services;
(iii) use our services in any way to manipulate or distort content or undermine the integrity and accuracy of content, or take actions that disrupt, damage, or interrupt parts of our services;
(iv) use our services to send, receive, upload/post, download material that does not comply with our content standards;
(v) use our services to transmit unwanted or unauthorized advertising or promotional material or enable such transmission;
(vi) use our services to transmit data or upload data into our services that contain viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or similar computer codes intended to disrupt the operation of software or hardware;
(vii) use robots, spiders, other automatic devices, or manual processes to monitor/copy our sites or the content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services;
(viii) engage in behavior that restricts or inhibits other users from using our services; or
(ix) use our services for commercial purposes without our prior written consent or in connection with any conducted commercial activity. You agree to fully cooperate with us in investigating any activity that allegedly violates these Terms.
Intellectual Property Rights
(1) Our services and associated content (and all derivative works or improvements thereof), particularly concerning all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content materials, products, services, URLs, technology documentation, trademarks, service marks, brand names and trade dress as well as interactive features and all intellectual property rights therein are either owned by us or licensed to us (collectively referred to as "our intellectual property rights"), and none of the provisions in these Terms grant you any rights related to our intellectual property rights. Unless expressly stated herein or required by mandatory legal provisions for the use of the Services you do not acquire any rights claims or interests in our intellectual property rights. All rights not expressly granted in these Terms are reserved.
(2) If the Products include digital content such as music or videos you will be granted rights as specified regarding such content on the Site.
Disclaimer of Warranty for Use of the Site and Services
The Services; our intellectual property rights; and all information materials and content made available in connection therewith and accessible free of charge to users are provided "as is" without warranty of any kind either express or implied (warranties of fitness for a particular purpose; warranties regarding safety reliability timeliness accuracy and performance of our Services among others)—except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be uninterrupted and error-free nor that they will meet your requirements. Access to the Services and Site may be suspended or restricted due to repairs maintenance work updates. The warranty for Products purchased from us as outlined in the section "Warranty for Products" above remains unaffected.
Indemnification
You agree to defend indemnify and hold us harmless from and against all actual or alleged claims damages costs liabilities and expenses (including reasonable attorney's fees) arising out of your use of the Site and Services in violation of these Terms including particularly any usage that violates restrictions and requirements set forth in the section "Permitted Use" unless such circumstances are not attributable to your fault.
Limitation of Liability
(1) We are liable only for intent gross negligence negligent injury to life body health or slight negligence breach of a material contractual obligation only in case paid Services are provided or Products sold. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for proper implementation of the agreement which you can normally rely on and reasonably expect. Our liability for slight negligence breach of a material contractual obligation is limited to typical foreseeable damages for this type of contract. Our liability under product liability law remains unaffected as does liability if we have explicitly given a guarantee.
(2) The above provisions apply to both contractual (including liability for wasted expenditures) and non-contractual liability (including tortious liability) as well as liability arising from pre-contractual dealings (culpa in contrahendo). They also apply for the benefit of our directors executives other legal representatives employees and agents.
Changes to Terms and Services; Termination
We reserve the right to change these Terms from time to time at our sole discretion to account for changes in law additional features we may introduce or if we otherwise develop our business. Therefore you should read these Terms regularly especially during checkout when purchasing Products. The new Terms apply to every new order you place after the effective date of the new Terms. If ongoing Services used by you are affected by changes in terms we will take your legitimate interests into account reasonably. We will inform you about such changes timely beforehand. The changes will be deemed accepted by you unless you raise objections within two months after this notification. We will point this out in our notification. If you object to changes we have a special termination right—without further obligations towards you—that becomes effective on the date when changes come into effect.
We may change Services suspend provision thereof one more functions offered within those Services terminate access permanently temporarily without stating reasons without further obligations.
We will notify you about this timely beforehand if possible under given circumstances taking your legitimate interests into account appropriately.
Links to Third-Party Websites
The Services may contain links through which you can leave the Site. Unless otherwise stated linked pages are not under our control nor are we responsible for their contents links contained on a linked page nor for changes updates made on such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided solely for informational purposes. The fact that we have added links does not imply ownership over them nor endorsement regarding their contents.
Applicable Law
(1) These Terms are governed by the laws of Switzerland (without regard to its conflict of law provisions) and shall be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to resolve disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party regarding a breach or delay in the performance of these Terms does not constitute a waiver for prior or subsequent breaches or delays.
(2) The headings used in these Terms are for convenience only and have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is deemed unlawful or unenforceable for any reason, it is agreed that this part shall be removed and the remaining provisions shall remain unaffected and fully effective.
(4) Without our prior written consent, you may not assign your agreement with us made under these Terms nor transfer all or part of your contractual rights or obligations.
(5) These Terms represent the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms that by their nature should survive such action on our part shall remain in effect, particularly regarding provisions concerning indemnities, releases, disclaimers of liability, limitations of liability, and this section "Miscellaneous."
Contact
To contact us, please send an email to:
Name: Moloxy
Address: AGB
Email: moloxy.ch@gmail.com
Appendix 1
If you have purchased one or more Products through the Site or Services that are shipped in one delivery, the following instructions inform you about your right of withdrawal:
You can withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you or a third party designated by you who is not the carrier takes physical possession of the goods. To exercise your right of withdrawal, you must inform us at Moloxy, phone number: 076 461 05 10, email address: moloxy.ch@gmail.com about your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or email). You may (but are not required to) use the attached withdrawal form for this purpose. To comply with the withdrawal period, it is sufficient for you to send your communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you—without undue delay and in any event no later than 14 days after receipt of your notification about your withdrawal—all payments received from you including delivery costs (except for additional costs arising from a delivery method other than the least expensive standard delivery offered by us). We will make such reimbursement using the same payment method that you used for the original transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier.
The return or handing over of goods must be done to
Moloxy, Breitestrasse 36, 8427 Freienstein, Switzerland
Phone number: 076 461 05 10
Email address: moloxy.ch@gmail.com
without undue delay and in any event no later than 14 days after receipt of your notification about your withdrawal. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs for returning the goods. You are only liable for any diminished value of the goods if it results from handling beyond what is necessary to establish their nature characteristics and functioning.
Appendix 2
If you have purchased one or more Products through the Site or Services that are shipped in partial deliveries, the following instructions apply regarding your right of withdrawal:
You can withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you or a third party designated by you who is not the carrier takes physical possession of the last delivery or last item.
To exercise your right of withdrawal, you must inform us at
Moloxy
phone number: 076 461 05 10
email address: moloxy.ch@gmail.com
about your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or email). You may (but are not required to) use the attached withdrawal form for this purpose. To comply with the withdrawal period, it is sufficient for you to send your communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you—without undue delay and in any event no later than 14 days after receipt of your notification about your withdrawal—all payments received from you including delivery costs (except for additional costs arising from a delivery method other than least expensive standard delivery offered by us). We will make such reimbursement using same payment method that you used for original transaction unless you've expressly agreed otherwise; in any event you'll incur no fees as a result thereof. We may withhold reimbursement until we've received goods back or you've provided evidence that you've returned them whichever occurs first.
The return or handing over must be done to
Moloxy Breitestrasse 36, 8427 Freienstein Switzerland
Phone number: 076 461 05 10
Email address: moloxy.ch@gmail.com
without undue delay and in any event no later than fourteen days after receipt notification about your withdrawal. Deadline met if goods dispatched before expiration fourteen-day period. You bear direct costs returning goods. You're only liable diminished value if due treatment beyond what's necessary establish nature characteristics functionality.
Appendix 3
If you've purchased one or more Products through Site Services consisting digital content not delivered on physical medium (e.g., CDs DVDs), following instructions apply regarding right withdrawal:
You can withdraw from this contract within fourteen days without giving reasons. Withdrawal period expires fourteen days after conclusion contract. To exercise right withdrawal must inform us at Moloxy phone number:0764610510 email address:moloxy.ch@gmail.com about decision withdraw via unequivocal statement (e.g., letter sent post fax email). You may (but aren't required) use attached form purpose. To comply with deadline it's sufficient send communication exercising right before expiry period.
Consequences Withdrawal
If withdraw contract we'll reimburse—without undue delay but no later than fourteen days after receiving notice—payments already received including shipping costs (excluding additional costs arising different delivery method requested). We'll make reimbursement using same payment method originally used unless expressly agreed otherwise; you'll incur no fees as result refunding process.
Exceptions Right Withdrawal
Right withdraw ceases contracts delivering digital content (including streaming downloads etc.) not delivered physical medium (e.g., CD DVD), if you've expressly consented execution begins before expiry deadline confirming aware losing rights once execution starts.
Appendix 4
You may (but are not required to) use following cancellation form:
(This form should only be completed and returned if wish cancel contract)
— To ([Name and Address Shop]), Phone Number: [Please provide phone number], Email Address: [Please provide email address]
— I/we () hereby inform that I/we () cancel my/our () purchase agreement for following goods ()/for provision following services
— Ordered on ()/received on ()
— Name(s) Customer(s)
— Address(es) Customer(s)
— Signature Customer(s) (only if form submitted paper format)
— Date
(*) Delete as applicable.