General Terms and Conditions of Sale (AGB)

We thank you for your order, for which as well as for all our services and products the following conditions apply. This means that you as a customer/purchaser/buyer accept and comply with these General Terms and Conditions. 

§ 1 Scope of application

1. The provider and contractual partner for the goods offered in the online shop Moncreed under the domain www.moncreed.com is PAM GmbH, Kanalstrasse 4-6, 13599 Berlin (hereinafter referred to as “Provider”).

2. These general terms and conditions are part of every contractual agreement between the provider and the respective orderer/customer.

3. For the content of all individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments), a written contract or written confirmation from the provider is authoritative, subject to proof to the contrary.

§ 2 Offer and conclusion of contract

1. All articles shown in the online shop of the provider are offered for sale. The colour representation of the offered articles can vary slightly depending on the internet browser and monitor settings of the customer.

2. For the goods displayed in the online shop, the provider makes a binding offer to buy. By sending the order request via the button “Buy” the customer accepts the purchase offer. The supplier confirms the conclusion of the contract by e-mail (contract confirmation).

3. Some offers are not in stock, their production can take up to 14 working days.

4. Age limit for orders in the online shop of the provider is 18+. The customer agrees that in the online shop may be visible photos with nudes or similar. With the agreement to the purchase in the online shop www.moncreed.com the customer confirms that he is over 18 years old.

§ 3 Prices and payment

1. Unless otherwise agreed in writing, all prices shown in our online shop are inclusive of statutory value added tax (“VAT”) and other price components. The customer will be charged shipping costs for the shipment, which will be indicated to the customer before placing his order. If a shipment is made in several partial deliveries, the shipping costs will only be charged once. All prices include value added tax at the current rate.

2. The production, processing etc. are only carried out after payment by the customer. The customer has the payment methods bank transfer, credit card, immediate transfer, invoice, payment by instalments and PayPal available. There is no claim to a specific payment method.

2.1 For payment by bank transfer, the customer receives the bank details of the provider together with the confirmation of the contract. Transfers from abroad are only accepted as SEPA-Transfers in Euro. Transfers from abroad must be received free of charge for the provider. The customer has the possibility to make the bank transfer within 3 weeks after receipt of the invoice.

2.2 The processing of the payment methods credit card payment and immediate transfer is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as “Stripe”), under the terms of the Stripe Terms of Use, available at https://stripe.com/de/terms, to which the Supplier assigns his payment claim. Stripe will collect the invoice amount from the credit card account or bank account of the Customer. In the event of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be debited immediately after the customer’s order has been sent in the online shop or 2 days by SEPA direct debit. Even if the method of payment via Stripe is selected, the Supplier remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, declarations of revocation and consignments or credit notes. In the event that the credit card debit is rejected, the Customer undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, among others, the costs incurred due to the cancellation of the credit card debit.

2.3 Purchase on account and financing with Klarna: In cooperation with Klarna, the supplier offers the invoice purchase and financing service Klarna Instalment Purchase as payment options. When buying on account with Klarna you always get the goods first and have a payment period of 14 days after receipt of the goods. Klarna checks and evaluates the consumer’s data and, if there is a justified reason, exchanges data with other companies and credit agencies (credit assessment). If the creditworthiness of the consumer is not guaranteed, Klarna AB may refuse the customer Klarna’s payment methods and must indicate alternative payment methods. Your personal details will be treated in accordance with the Data Protection Act and will not be passed on to third parties for advertising purposes. For more information and Klarna’s full terms and conditions for purchase on account, please visit: www.klarna.com.

2.4 When paying by PayPal, the payment date corresponds to the time of the order. When using the payment service provider PayPal, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account. For payment by credit card and by PayPal, the customer will be directed to an external website of the respective credit card company or PayPal S.a.r.l. after conclusion of the contract, where the customer enters his data and thereby initiates payment.

The customer hereby agrees that the provider is entitled to send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by e-mail to the Customer. The provider may, at its discretion, also send the invoice on paper to the customer.

3. In case of late payment, the provider is entitled to withhold the delivery. The customer is not entitled to withhold or offset payments if the counterclaims have not been acknowledged by the provider or are legally binding.

§ 4 Delivery time and dispatch

1. The provider delivers the goods within the delivery time stated in the online shop from the time of payment. For shipments to destinations outside of Germany, the delivery time increases by another 10 working days, depending on the destination country. The start of the delivery time stated in the online shop is subject to the timely and proper fulfilment of the customer’s obligations. We reserve the right to the objection of non-performance of the contract.

2. The dispatch takes place on account of the customer. The provider is not obliged to provide transport insurance. Dispatch route and means of dispatch are, unless otherwise agreed, left to the choice of the provider. Additional costs caused by special shipping requests of the customer, also with regard to insurances such as transport insurance, shall be borne by the customer and shall be announced at the latest with the order confirmation.

3. Several products ordered at the same time are delivered in a joint shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a specific product with a shorter delivery time in advance, he must order this product separately.

4. If the product is shipped, the risk of accidental deterioration of the product passes to the provider upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. Complaints in connection with the transport are to be made by the buyer to the last carrier immediately upon receipt of the delivery or freight documents.

5. In case of any delay in delivery, unless it is due to intent or gross negligence, claims for damages of any kind are excluded. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

§ 5 Right of revocation and warranty

1. Legal liability for defects exists for all goods from the online shop. The customer undertakes to check the order immediately upon delivery for completeness, obvious defects and transport damage and to notify the provider and the carrier of any complaints within 7 working days.

2. After the right of withdrawal has been exercised in time, the goods must be returned immediately, preferably in the original packaging. The costs of the return shipment are to be borne by the customer. The purchased products can only be returned if they do not have any defects. If this is not the case, the customer is liable for any defects.

3. The provider is not liable for defects that have arisen as a result of incorrect handling or external influences. In the case of repairs to the goods in own contribution or by third parties, which were carried out without the written consent of the provider, the warranty claim expires.

4. After individual production of the goods, the customer can no longer cancel his order without reason.

5. In case of return, the payments received from the customer will be transferred back within 10 days. This also includes any delivery costs that were charged to the customer. In the case of payment on account, refunds will be made primarily to the bank account specified. In the case of card payments, the amount will be credited to the card (or the account associated with the card) used to make the purchase.

§ 6 Copyright and rights of use

All goods from the offer of the provider’s online shop are protected by database law, copyright and trademark law. All property rights and copyrights to the offer and the attached documents remain with the provider. One may not pass on, publish or duplicate offers from the provider’s online shop without the provider’s permission, nor may one use them for any other purpose than that agreed. Any use or exploitation or modification of the services for any other purpose is prohibited. In particular, the copying or reading of contents, offers, directories, databases etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law within the scope of the existing legal possibilities.

§ 7 Final provisions

1. Subsidiary agreements, reservation, amendments, oral assurances or supplements to this contract require written confirmation by the provider to be valid.

2. The selection of goods, conclusion of the contract and contract implementation are in German or English language.

3. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers under exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations in particular of the state, in which the customer as a consumer has his habitual residence, remain unaffected.

4. The provider reserves the right to possible price changes, misprints, errors in product illustrations, incorrect information and/or the sale of products due to technical reasons or human error. Price changes and changes of the trading conditions are likewise reserved.

§ 8 Personal information and data protection

Personal data (name, address, e-mail, telephone) of the customer are used and stored by the provider for the processing of the concluded contractual relationships. Unless otherwise stated, the processing of this data is necessary for the execution of the contract.

The customer can receive offers from our company and from our partners, depending on the decisions made when creating or querying his account. If he no longer wishes to receive such offers, he can send an inquiry with his request at any time on the provider’s website under ‘My Account’.

The provider’s website is designed to meet the special needs of our customers. Cookies are only used here to improve the personalized service for their users. A cookie is intended to indicate the use of the website.

§ 9 Copyright and trademarks

The entire content of the website (photos, images, text, graphics, illustrations, etc.) are the property of the provider. These contents are protected by copyright and other rights. All trademarks used on the website are also trademarks of the provider, unless otherwise indicated. Their use is only permitted with the express written permission of the provider. Photo used for the landing page was provided by cottonbro.