GTC & customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for processing goods according to specific customer requirements
10. Special conditions for assembly/workshop services
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Kultklub loyalty programme
14. Applicable law, place of jurisdiction
15. Code of conduct
16. Alternative dispute resolution

1) Scope of application

1.1

These General Terms and Conditions (hereinafter “GTC”) of mofakult AG (hereinafter “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter “you”), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless otherwise agreed between us.

1.2

These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.3

These GTC apply accordingly to contracts for the delivery of tickets, unless expressly provided otherwise. These GTC only govern the sale of tickets for certain events described in more detail in our item description and not the execution of these events. The execution of the events is governed exclusively by the statutory provisions in the relationship between you and the organiser and, where applicable, by any deviating terms of the organiser. Unless we are also the organiser, we are not liable for the proper execution of the event, for which the respective organiser is solely responsible.

1.4

For the purposes of these GTC, you are a consumer if you conclude a legal transaction for purposes that cannot predominantly be attributed to your commercial or independent professional activity.

1.5

For the purposes of these GTC, you are an entrepreneur if you are a natural or legal person, or a partnership with legal capacity, acting in the exercise of your commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1

The product descriptions contained in our online shop do not constitute binding offers on our part but serve as the basis for you to submit a binding offer.

2.2

You may submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. You may also submit the offer to us by e-mail or by telephone.

2.3

We may accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by you is decisive;
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive; or
• by requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract is concluded at the time at which one of the above alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends at the expiry of the fifth day following dispatch of the offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4

If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if you do not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal and selectable in the online ordering process, we hereby declare acceptance of your offer at the time you click the button that completes the ordering process.

2.5

When an offer is submitted via our company’s online order form, the contract text is stored by us after conclusion of the contract and sent to you in text form (e.g. e-mail, fax or letter) after your order has been sent. We do not make the contract text accessible beyond this. If you have created a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login details.

2.6

Before bindingly placing the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.7

Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8

Order processing and communication generally take place by e-mail and automated order processing. You must ensure that the e-mail address provided by you for order processing is correct so that e-mails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of withdrawal

3.1

Consumers generally have a right of withdrawal.

3.2

Further information on the right of withdrawal can be found in our withdrawal policy.

3.3

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to Switzerland and whose sole residence and delivery address are outside Switzerland at the time the contract is concluded.

3.4

Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision of the service. Accordingly, the right of withdrawal is also excluded for contracts concerning the sale of tickets for date-bound leisure events.

4) Prices and payment terms

4.1

Unless otherwise stated in our product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2

For deliveries to countries outside Switzerland, additional costs may arise in individual cases for which we are not responsible and which must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.

4.3

The available payment option(s) will be communicated to you in our online shop.

4.4

If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5

If you select a payment method offered via the payment service “PayPal”, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we make an advance performance to you (e.g. purchase on account or instalment payment), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you may only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, we remain responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns or credit notes.

4.6

If you select a payment method offered via the payment service “Mollie”, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “Mollie”). The individual payment methods offered via Mollie will be communicated to you in our online shop. For payment processing, Mollie may use other payment services, for which special payment terms may apply and to which you may be referred separately. Further information about Mollie is available at https://www.mollie.com/de/.

4.7

If you select a payment method offered via the payment service “Adyen”, payment is processed via the payment service provider Adyen N.V., Simon Carmiggeltstraat 6–50, 1011 DJ Amsterdam, Netherlands (hereinafter “Adyen”). The individual payment methods offered via Adyen will be communicated to you in our online shop. For payment processing, Adyen may use the services of third-party payment service providers, for which special payment terms may apply and to which you may be referred separately. Further information about Adyen is available at https://www.adyen.help/hc/de.

4.8

If you select a payment method offered via the payment service “Stripe”, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to you in our online shop. For payment processing, Stripe may use other payment services, for which special payment terms may apply and to which you may be referred separately. Further information about Stripe is available at https://stripe.com/de.

4.9

If you select a payment method offered via the payment service “Klarna”, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s applicable terms can be viewed here:

https://www.mofakult.ch/de/bestellung/zahlung-und-versand

4.10

If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, we will inform you of a corresponding payment restriction in our payment information in the online shop. We also reserve the right to carry out a credit check when the payment method purchase on account is selected and to reject this payment method in the event of a negative credit check.

4.11

If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 days from the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the payment method purchase on account is permitted to you after the credit check, the payment is processed in cooperation with Klarna AB, to which we assign our payment claim. In this case, you may only make payment with debt-discharging effect to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply, which you can access during the ordering process. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, we will inform you of a corresponding payment restriction in our payment information in the online shop.

4.12

If the payment method “PayPal invoice” is selected, we assign our payment claim to PayPal. Before accepting our declaration of assignment, PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the payment method “PayPal invoice” in the event of a negative result. If the payment method “PayPal invoice” is approved by PayPal, you must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies another payment term. In this case, you may only make payment with debt-discharging effect to PayPal. However, even in the event of assignment of the claim, we remain responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns or credit notes. In addition, the General Terms of Use for the use of PayPal purchase on account apply and can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.13

If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which is authorised to collect the claim in our name. PAYONE GmbH debits the invoice amount from the credit card account specified by you. The credit card is charged immediately after your order is sent in the online shop. Even when credit card payment via PAYONE GmbH is selected, we remain responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns or credit notes.

4.14

If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag), to which we assign our payment claim. secupay AG debits the invoice amount from the credit card account specified by you. In the event of assignment, payment with debt-discharging effect can only be made to secupay AG. The credit card is charged immediately after your order is sent in the online shop. Even when credit card payment via secupay AG is selected, we remain responsible for general customer enquiries, e.g. regarding returns, complaints, withdrawal declarations and returns or credit notes.

4.15

If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

4.16

If you select a payment method offered via the payment service “CembraPay”, payment is processed by the payment service provider CembraPay AG, Bändliweg 20, 8048 Zurich, Switzerland (hereinafter “Cembra”). The individual payment methods offered via Cembra will be communicated to you in our online shop. For payment processing, Cembra may use other payment services, for which special payment terms may apply and to which you may be referred separately. Further information about Cembra is available at https://cembrapay.ch/.

4.17

If the payment method “TWINT” is selected, payment is processed via the payment service provider TWINT AG, Stauffacherstrasse 31, CH-8004 Zurich. If you choose a payment method from the payment service provider “TWINT”, payment is processed via the payment service provider TWINT AG (Stauffacherstrasse 31, CH-8004 Zurich, hereinafter “TWINT”), to which we pass on the information provided by you during the ordering process together with the information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number). Your data is passed on exclusively for the purpose of payment processing with the payment service provider TWINT and only to the extent necessary for this purpose.

5) Delivery and shipping terms

5.1

If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.

5.2

For goods delivered by freight carrier, delivery is made “free kerbside”, i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in our online shop and unless otherwise agreed.

5.3

If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of outbound shipping if you effectively exercise your right of withdrawal. For return shipping costs, the provision in our withdrawal policy applies if you effectively exercise your right of withdrawal.

5.4

If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon handover of the goods to you or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have handed over the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if you commissioned the forwarding agent, carrier or other person or institution to carry out the shipment and we had not previously named this person or institution to you.

5.5

We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to us and if we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.6

If we offer the goods for collection, you may collect the ordered goods within the business hours specified by us at the address specified by us. In this case, no shipping costs will be charged to you.

5.7

Vouchers are provided to you as follows:

• by download;
• by e-mail;
• by post.

5.8

Tickets are provided to you as follows:

• by download;
• by e-mail;
• by post.

6) Retention of title

If we make an advance performance, we retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory liability for defects applies. By way of derogation, the following applies to contracts for the delivery of goods:

7.1

If you act as an entrepreneur,

• we have the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, defect rights are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2

If you act as a consumer, the following restriction applies to contracts for the delivery of used goods: the limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between us and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.

7.3

The above limitations of liability and shortening of periods do not apply:

• to your claims for damages and reimbursement of expenses;
• if we have fraudulently concealed the defect;
• to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
• to any obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4

Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.5

If you act as a merchant, you are subject to the commercial duty to inspect and give notice of defects. If you fail to comply with the notification obligations regulated therein, the goods are deemed approved.

7.6

If you act as a consumer, you are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform us thereof. Failure to do so has no effect on your statutory or contractual claims for defects.

7.7

Neither the manufacturer nor mofakult grants any warranty on racing and tuning parts. For original parts, if a warranty claim exists, you may submit a warranty request, which will be reviewed by the manufacturer. Complaints can only be considered if they are submitted within 8 days and before the parts are installed. No warranty is provided for parts damaged by incorrect installation and adjustment or improper handling. Modified parts, as well as parts missing the original packaging, are excluded from exchange. No liability is assumed for consequential damage or installation and repair costs.

All racing and tuning parts are intended only for use on closed race tracks, private property and for export. Use of these items on public roads is prohibited by law and punishable (Art. 181 + 219 VST). By purchasing these racing items, you confirm that you will use them exclusively on private property, race tracks or for export. If you are a minor, you confirm with your order that your parents agree to the purchase.

8) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1

We are liable without limitation on any legal basis:

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body or health;
• on the basis of a warranty promise, unless otherwise regulated in this respect;
• on the basis of mandatory liability, such as under product liability law.

8.2

If we negligently breach an essential contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless we are liable without limitation pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

8.3

Otherwise, our liability is excluded.

8.4

The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special conditions for processing goods according to specific customer requirements

9.1

If, according to the content of the contract, we owe not only the delivery of goods but also the processing of the goods according to certain specifications provided by you, you must provide us with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us, and grant us the necessary rights of use for this purpose. You alone are responsible for obtaining and acquiring the rights to this content. You declare and assume responsibility that you have the right to use the content provided to us. In particular, you must ensure that no third-party rights are infringed, especially copyrights, trademark rights and personality rights.

9.2

You indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through our contractual use of the content provided to us by you. You also bear the necessary costs of legal defence, including all court and lawyer’s fees in the statutory amount. This does not apply if the infringement is not attributable to you. In the event of claims by third parties, you are obliged to provide us immediately, truthfully and completely with all information necessary for examining the claims and for defence.

9.3

We reserve the right to reject processing orders if the content provided by you for this purpose violates legal or official prohibitions or public decency. This applies in particular in the case of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Special conditions for assembly/workshop services

If, according to the content of the contract, we owe not only the delivery of goods but also assembly, installation or workshop services, the following applies:

10.1 Scope

These provisions apply to all workshop, repair, service, tuning and custom services on vehicles or vehicle components (hereinafter “work services”) provided by mofakult.

They apply regardless of whether the booking is made on site or via the online shop. In the event of contradictions, these provisions take precedence over the general sales terms.

10.2 Type of contract

Work services are provided under a contract for work and services pursuant to Art. 363 et seq. of the Swiss Code of Obligations (OR). The owed performance is the professional execution of the agreed work in accordance with the order confirmation or booked service package.

10.3 Scope of services

The following are decisive for the scope of services:

• the written order confirmation;
• the online booking;
• the specifically agreed service description.

The contract does not include in particular:

• additional work not expressly agreed;
• official approvals or registrations;
• insurance adjustments;
• rectification of hidden defects or defects not recognisable when the order was placed.

10.4 Parts provided by the customer

If parts provided by the customer are installed, this is done at the customer’s risk.

mofakult assumes no warranty for:

• quality;
• suitability;
• eligibility for approval;
• compatibility.

Liability for resulting damage or functional impairments is excluded unless gross fault exists.

10.5 Cost estimates and additional work

10.5.1

Cost estimates are generally non-binding unless they are expressly designated as binding.

10.5.2

If additional defects or technically necessary additional work are discovered during the work, mofakult informs the customer before carrying them out.

10.5.3

Additional work is only carried out with the customer’s consent, unless:

• there is imminent danger; or
• the work is strictly necessary to restore operational or road safety.

10.6 Prices and payment terms

10.6.1

The prices agreed in accordance with the order confirmation or booking apply.

10.6.2

Unless otherwise agreed, the remuneration for the work is due for payment before the work services commence.

10.6.3

If a project that has already begun is cancelled by the customer, the services rendered up to that point as well as ordered or manufactured parts must be paid for in full.

10.6.4

mofakult is entitled to request reasonable advance payments or partial payments according to project progress for extensive tuning or custom projects.

10.7 Completion, deadlines and default of acceptance

10.7.1

Specified completion dates are non-binding guideline values unless they have been expressly agreed in writing as binding.

10.7.2

Delays due to:

• supply bottlenecks;
• unforeseeable technical problems;
• force majeure;
• lack of customer cooperation

do not give rise to claims for damages.

10.7.3

If the customer does not collect the vehicle within 7 days after notification of completion, the customer is in default of acceptance. mofakult is entitled to charge customary standing or storage costs.

10.8 Acceptance

10.8.1

The customer is obliged to inspect the work upon handover.

10.8.2

Obvious defects must be reported immediately.

10.8.3

If no collection or notification of defects takes place within 7 days after notification of completion, the work is deemed approved, unless there is a material defect.

10.9 Test drives and trials

mofakult is entitled to carry out necessary test drives and trials.

10.10 Warranty

The statutory warranty rights under the Swiss Code of Obligations apply. The warranty period is 2 years from acceptance. For entrepreneurs, the warranty period may be shortened to 1 year.

10.11 Exclusion of warranty

No warranty exists in particular for:

• normal wear and tear;
• improper use;
• racing or competition use;
• interventions by third parties after acceptance;
• components specified by the customer or not approved.

For performance-enhancing measures (e.g. engine tuning), mofakult assumes no liability for increased wear or consequential damage insofar as these are attributable to the performance increase or to pre-existing damage that was not recognisable.

10.12 Liability for work services

mofakult is liable without limitation in cases of:

• intent;
• gross negligence;
• injury to life, body or health.

In cases of slight negligence, mofakult is liable only for breach of essential contractual obligations and limited to the typically foreseeable damage.

No liability exists for:

• damage resulting from lack of approval or registration of modifications;
• consequential damage resulting from use not in accordance with the intended purpose.

10.13 Responsibility under road traffic law

The customer is responsible for compliance with all road traffic regulations and for any required registrations or individual approvals.

Unless expressly agreed in writing, mofakult does not guarantee that modifications are permissible on public roads.

Parts or modifications marked as “not approved for road use” may be used exclusively outside public areas.

10.14 Risk during standing time

During the standing time in mofakult’s premises, the vehicle remains in principle at the customer’s risk, unless the damage was caused by intentional or grossly negligent conduct by mofakult.

10.15 Right of retention

Until full settlement of all claims arising from the work contract as well as from previous business relationships, mofakult has a right of retention over the vehicle and over installed or delivered parts.

mofakult is entitled to retain the vehicle until full payment has been made.

10.16 Right of withdrawal for work services booked online

Consumers have a statutory right of withdrawal for work services booked online. The customer may expressly request that mofakult begin performance before the withdrawal period expires. The right of withdrawal expires upon handover of the vehicle or commencement of the work services.

10.17 Place of performance

Work services are provided at our premises (mofakult AG (Siggnature Bikes), Frauwisstrasse 20d, 8493 Saland, Switzerland) or at the location of the subcontractor.

10.18 Use of personnel and subcontractors

We provide our services, at our discretion, personally or through qualified personnel selected by us. We may also use the services of third parties (subcontractors) acting on our behalf. Unless otherwise stated in our service description, you have no right to select a specific person to perform the requested service.

10.19 Duties to cooperate

You must provide us with all information required for repairing the item, unless obtaining such information falls within our sphere of responsibility according to the content of the contract. In particular, you must provide us with a comprehensive description of the fault and inform us of all circumstances that may be the cause of the identified fault.

10.20 Shipping or delivery of the item to be repaired

Unless otherwise agreed, you must send or deliver the item to be repaired to our premises at your own cost and risk. In the case of shipping, we recommend taking out transport insurance. We also recommend that you send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the package. We will inform you immediately of obvious transport damage so that you can assert any rights you may have against the carrier.

10.21 Return shipment

The return shipment of the item is at your cost. The risk of accidental loss and accidental deterioration of the item passes to you upon handover of the item to a suitable transport person at our place of business. At your request, we will take out transport insurance for the item.

10.22 Self-delivery and collection

You may also bring the item to our premises yourself and collect it from us again if this follows from our service description or if we have reached a corresponding agreement. In this case, the above provisions on costs and passing of risk for shipping and return shipping of the item apply accordingly.

11) Redemption of promotional vouchers

11.1

Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by you (hereinafter “promotional vouchers”) can only be redeemed in our online shop and only during the specified period.

11.2

Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.

11.3

Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

11.4

Only one promotional voucher may be redeemed by you per order. Subsequent offsetting is not possible.

11.5

If our promotional voucher relates to a specific value and not to a percentage price reduction, the value of your goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by us.

11.6

If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to settle the difference.

11.7

The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

11.8

The promotional voucher will not be refunded if you return goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.

11.9

The promotional voucher is transferable. We may render performance with debt-discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of representative authority of the respective holder.

11.10

Promotional vouchers may only be redeemed by consumers.

12) Redemption of gift vouchers

12.1

Vouchers that can be purchased via our online shop (hereinafter “gift vouchers”) can only be redeemed in our online shop, unless otherwise stated on the voucher.

12.2

Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.

12.3

Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

12.4

Several gift vouchers may also be redeemed for one order.

12.5

Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

12.6

If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us may be selected to settle the difference.

12.7

The balance of a gift voucher is neither paid out in cash nor does it bear interest.

12.8

The gift voucher is transferable. The seller may render performance with debt-discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of representative authority of the respective holder.

13) Kultklub loyalty programme

13.1 Eligibility

All natural persons aged 18 or over who have a valid customer account in the online shop of mofakult.ch, mofakult.de, mofakult.at, mofakult.be, mofakult.dk, mofakult.fi, mofakult.fr, mofakult.it, mofakult.lu, mofakult.nl, mofakult.pt, mofakult.es or mofakult.se are eligible to participate. Participation under the age of 18 is only permitted with the consent of the legal guardians.

13.2 Membership

By creating a customer account, the customer automatically and free of charge becomes a member of the Kultklub. Separate registration is not required.

13.3 Voluntary participation and termination

Participation in the Kultklub is voluntary. Members may terminate their participation at any time by deleting their customer account or by written notification to mofakult.

13.4 Collecting Kultpunkte

Within the Kultklub, members can collect points (hereinafter “Kultpunkte”) through the following activities:

• completing an order in the online shop;
• submitting a product review;
• submitting a product review rated as “helpful”;
• subscribing to the newsletter;
• referring a friend (“Kumpel zum Kunden machen”);
• improving a poor product description;
• publishing a wish list;
• having one’s own wish list bookmarked by other members.

13.5 Deduction of Kultpunkte

Points are deducted from Kultklub members for the following activities:

• unsubscribing from the newsletter;
• cancelling an order;
• returning ordered items.

The point deduction for unsubscribing from the newsletter is communicated transparently within the Kultklub and does not constitute consideration or a tying offer for receiving the newsletter.

13.6 Number of points

The specific number of Kultpunkte awarded in each case is communicated transparently on the website or in the Kultklub area of the customer account.

13.7 Changes to activities and points

mofakult reserves the right to change the possible activities and the number of Kultpunkte awarded for them at any time.

13.8 Levels and rewards

The Kultklub has a total of 9 levels. By reaching certain point thresholds, members automatically advance to higher levels. For each level reached, members receive an exclusive reward. These rewards cannot be purchased. The type and scope of the rewards as well as the points required to reach the levels are announced on the website or in the Kultklub area. Rewards are personal and non-transferable. Cash payment is excluded.

13.9 Community features

Members of the Kultklub receive additional community features:

• ability to write product reviews;
• ability to rate product reviews by other members as “helpful” or “not helpful”;
• ability to create public wish lists and share them with other members;
• ability to create a dedicated page for their personal moped gang, including member management, photo upload and entry of the location on an interactive map.

When using these features, the member undertakes not to publish any unlawful, insulting, discriminatory or otherwise offensive content.

mofakult reserves the right to remove content without giving reasons and to exclude members from using individual or all features.

13.10 Misuse

Misuse of the Kultklub is prohibited. This includes in particular:

• manipulation when acquiring points;
• use of multiple accounts by the same person;
• false information in reviews or product descriptions;
• unauthorised redemption of value vouchers.

In the event of misuse, mofakult is entitled to exclude affected members from participation, delete collected points and reclaim rewards already granted.

13.11 Termination or modification of the Kultklub

mofakult reserves the right to discontinue the Kultklub at any time or to change the participation conditions.

Changes to the Kultklub will be communicated to members by e-mail or via the customer area. If the member does not object within 14 days, the changes are deemed accepted.

In the event of termination of the Kultklub, all collected Kultpunkte expire without any claim to compensation. No proportional compensation will be granted.

13.12 Liability in connection with the Kultklub

mofakult assumes no liability for technical malfunctions or interruptions in connection with the Kultklub.

For damage caused by simple negligence, mofakult is liable only in the event of a breach of essential contractual obligations. In this case, liability is limited to the typically foreseeable damage. Liability for damage resulting from injury to life, body or health as well as in cases of gross negligence or intent remains unaffected.

14) Applicable law, place of jurisdiction

14.1

If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the customer’s place of residence.

14.2

If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of residence or registered office.

15) Code of conduct

• We have submitted to the participation conditions of the eCommerce initiative “Fairness im Handel”, available at https://www.fairness-im-handel.de/teilnahmebedingungen/.
• We have submitted to the guidelines for “Google Customer Reviews”, available at https://support.google.com/merchants/topic/7105962.
• We have submitted to the Trusted Shops quality criteria, available at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

16) Alternative dispute resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 23.02.2026, 08:27:59