Allgemeine Geschäftsbedingungen

Terms & Conditions
The following terms of use apply to all orders placed by the customer (hereinafter referred to as “you”, “customer” or “customers”) with ‘Moho (Daan de Jongh) hereinafter referred to as “‘Moho”, “us” or “we”.

By using www.bymoho.com and/or placing an order, you agree to be bound by the terms of use set out herein. Please make sure you have read and understood the Terms before placing your order. 

  1. The inclusion of any products or services onwww.bymoho.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

  2. ‘Moho reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. 

  3. As long as you comply with these Terms of Use, ‘Moho grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

    (1) Prices
    The prices displayed at www.bymoho.com are final prices. Prices do not include the statutory Value Added Tax (VAT) or Turnover Tax and are subject to differential taxation. Invoicing is made in accordance with german tax law §25a UStG (Umsatzsteuergesetz, turnover tax act). Prices do not include a delivery charge. Should we be unable to supply the goods you have ordered at the price or conditions shown, we will notify you as soon as possible.

    You are responsible for any customs charges that may be applied to your package. Customs determines these charges, and ‘Moho has no way of knowing what these charges may be.

    (2) Ordering, Conclusion of Contract
    To place an order with ‘Moho please use the checkout on the website or send an email to info@bymoho.com.

    Within 48 hours after placing your order, you will receive a confirmation email including an invoice from ‘Moho, if you have supplied us with your email address. The receipt of the order confirmation email constitutes acceptance of your order and your agreement to these terms and conditions.

    If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, we will notify you and ask you to contact our customer service team who will settle the refund.

    (3) Payments
    You can pick from a variety of payment methods for your purchase.
    ‘Moho accepts the following payment methods:


- Cash upon pickup (Berlin)
- Bank Transfer
- Transferwise
(incl. Credit Card,
Debit Card, Apple Pay)

- Paypal

Customers are required to settle all payments immediately upon receipt of invoice from ‘Moho. If not otherwise indicated all payments must be made in Euro (€). Title to all goods remains with ‘Moho until payment is made in full. Only after payment has been received in full by ‘Moho, will goods be released for delivery or collection. You will receive the legally required invoice in the shipping confirmation email. You are obliged to submit a correct email address and to inform ‘Moho if your email address changes. Please note that ‘Moho reserves the right to send payment requests to your email address.

(4) Shipping
Customers are responsible for organising shipping if needed. ‘Moho can arrange packing and worldwide shipping services for your order on request. for all orders are ready to be dispatched within two weeks of receipt of full payment. Only after payment has been received by ‘Moho, goods are released for delivery or collection.

Pick Up

All objects are available for customer pick up from our Berlin showroom/storage by appointment. Customers may engage a third party service to pick up goods at the customer’s sole risk and expense.

Deliveries
Delivery within Germany is subject to availability and can be arranged by ‘Moho on request and at customer’s expense. Please contact ‘Moho with your full address for a quote from a third party.  If not agreed otherwise, all goods shall be delivered curbside, at the agreed delivery address and time.

Shipping (Worldwide)

‘Moho can arrange packing and worldwide shipping services for your order. Please note a service charge may apply. We recommend using a service from our list of international shipping companies that will safely deliver your objects to you. Any shipping services provided or arranged by ‘Moho are at the customer’s sole risk and expense. All goods must be shipped with an insured method.

Please note ‘Moho does not guarantee shipping prices, shipment time, or quality of any third party services engaged by ‘Moho on behalf of the customer. ‘Moho is not liable for any damages or loss sustained in transit via third parties.

Customs Charges
Customers are responsible for any customs charges that may be applied to your shipment. Customs will determine these charges, and ‘Moho has no way of knowing what these charges may be. Customers must comply with, and observe all applicable legislation and regulations, including obtaining any relevant import permits needed to purchase goods from ‘Moho. ‘Moho does not accept liability for goods purchased by customers in respect of any local import laws.

Delivery & Damages
Customers are obliged to examine all goods upon delivery, any damages to the object or packaging incurred during shipping must be immediately reported to ‘Moho via email to info@bymoho.com


For any questions regarding our shipping policy or if you need assistance finding the right shipping service for one of our products, please contact us via email: info@bymoho.com

(5) Vintage
Condition
Unless otherwise indicated, all items sold by ‘Moho are vintage. Vintage items are not sold as new and are likely to have been previously owned. Customers should expect for all objects to show varying signs of age and use. ‘Moho aims to represent all objects as accurately as possible. However we cannot guarantee all details and colors are depicted realistically and not all condition issues may be photographed or referenced on our website or social media channels. Any descriptions and statements given, whether orally or in writing, are intended as opinion only and do not constitute a warranty of any kind. Customers are advised to request a detailed condition report including additional photographs ahead of your purchase. ‘Moho cannot guarantee the future lifespan of previously owned goods. 

Lighting
All our lighting fixtures are vintage, often with original wiring and functional at time of sale. Please note all lighting must be tested, rewired and installed by a qualified electrician, based on your regional regulations. ‘Moho is not liable for any damage/harm caused by incorrect installation, usage or handling of any electric goods.


Upholstery
Not all upholstered furniture is fireproof. If necessary or required, all furniture must be adapted to meet the appropriate regional fire regulations by the customer at his sole risk and expense prior to any usage.

(6) Withdrawal of Order
If you wish to cancel your order prior to delivery, please provide us with notice in writing via email to info@bymoho.com and return the item or items to us as set out in section 07 (Returns) below, if applicable. We will provide a refund by attempting to use the same method used to make the payment as soon as possible and at the latest within 30 days of receiving your notice of cancellation, provided we have received the items.

Customers are obliged to notify ‘Moho within 10 days from delivery, should any of the delivered goods be defective or damaged. Please note that vintage items are not sold as new and are likely to show signs of wear and tear. This is not sufficient grounds for a refund. We will, for any products deemed defective, provide a full refund, excluding the costs of delivery and return. If customers fail to notify ‘Moho within the given timeframe, ‘Moho shall accept no liability. The provisions set forth herein do not limit any applicable statutory rights.

In the event of an error in connection with any products or services displayed through www.bymoho.com (including typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability), ‘Moho reserves the right to cancel any order prior to the time it is delivered to you.


(7) Returns

‘Moho accepts returns within 10 days from delivery, if goods are returned in sold and saleable condition, excluding associated delivery costs. Customers are obliged to notify ‘Moho within 10 days from delivery, should any of the delivered goods be defective or damaged. If customers fail to notify ‘Moho within the given timeframe, ‘Moho shall accept no liability. ‘Moho may refuse returns of items which have been altered by the customer in any way.

Please note that vintage items are not sold as new and are likely to show signs of wear and tear. This is not sufficient grounds for a refund. Additionally, Customers may not return an item for “inaccurate listing” reasons when its dimensions or other characteristics do not fit its requirements. We strongly recommend that customers measure all access areas prior to making a purchase. The right to return an item does not apply to the following types of goods, which are non-refundable: items that are personalised, bespoke or made-to-order to the Customer’s specific requirements.

In case of return, customers assume responsibility for payment of all shipping costs and any damage the goods may incur during shipping, storage or delivery regardless of the reason for return. You may send the item back to us at the address below using any insured and traceable method.


Return Address:
‘Moho, Kopenhagener Str. 15, 10437 Berlin

All items are inspected by ‘Moho on return. If goods are returned in sold and saleable condition, ‘Moho will process your refund as soon as possible and certainly, within 30 days of receipt of returned goods. In the case of an exchange, additional shipping cost may apply.


‘Moho does not accept refunds or exchanges on any interior design commissions or other services provided by ‘Moho as part of a service agreement. 


(8) Items on Loan
All our objects are available for hire for photo-shoots, film productions and events at the rates listed below. Please get in touch to discuss your project.

15% of retail price per day.

25% of retail price per week.

A deposit at the full retail price of the object is mandatory for all hires. For a full refund of the deposit, items on loan must be returned on time and in lent condition. Additional costs for insurance and transportation may apply. All items are inspected on return. If goods are returned in lent condition, ‘Moho will process your refund as soon as possible and certainly, within 14 days of receipt of returned goods.

(9) Privacy
‘Moho’s Privacy Policy applies to use of this site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

(10) Liability
Nothing in these Terms shall exclude or limit ‘Moho’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability. We do not seek to exclude liability for fraudulent misrepresentation by us. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach. Our maximum liability to you for any loss or damage arising in connection with your order on www.bymoho.com shall be limited to the total price of your order.

(10) Disclaimers
‘Moho does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. ‘Moho disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. ‘Moho disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against ‘Moho for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.


The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


‘Moho reserves the right to do any of the following, at any time, without notice: 1. to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; 2. to modify or change the site, or any portion of the site, and any applicable policies or terms; and 3. to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes

(12) Violation of These Terms of Use
‘Moho may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ‘Moho’s rights or property, or the rights or property of visitors to or users of the site, including ‘Moho’s customers. ‘Moho reserves the right at all times to disclose any information that ‘Moho deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when ‘Moho determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.


You acknowledge and agree that ‘Moho may preserve any transmittal or communication by you with us through the site or any service offered on or through the site, and may also disclose such data if required to do so by law or ‘Moho determines that such preservation or disclosure is reasonably necessary to 1. comply with legal process, 2. enforce these Terms of Use, 3. respond to claims that any such data violates the rights of others, or 4. protect the rights, property or personal safety of ‘Moho, its employees, users of, or visitors to the site, and the public.


You agree that ‘Moho may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ‘Moho, for which monetary damages would be inadequate, and you consent to ‘Moho obtaining any injunctive or equitable relief that ‘Moho deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ‘Moho may have at law or in equity.


You agree that ‘Moho may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) 1. requests by law enforcement or other government agencies, 2. a request by you (self-initiated account deletions), 3. discontinuance or material modification of the site or any service offered on or through the site, or 4. unexpected technical issues or problems.


If ‘Moho does take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ‘Moho. You agree that ‘Moho will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

(13) Severance
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.


(14) Void where prohibited
‘Moho administers and operates the www.bymoho.com website from its location in Berlin, Germany; other sites may be administered and operated from various locations. Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations.


‘Moho reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited.

The terms and conditions stated form the entire agreement between ‘Moho and the customer. We shall not be in breach of these terms and conditions if any delay or failure is due to circumstances beyond our control, such as fire, industrial action, the breakdown of systems or network disruption, flood, accident, fire or explosion.




Company Information
‘Moho, Kopenhagener Str. 15, 10437 Berlin
Inh. Daan de Jongh

Tel. +49(0)1746322345, info@bymoho.com
www.bymoho.com

(15) Governing Law
You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of Germany. Place of jurisdiction: Berlin-Prenzlauer Berg.