Website Terms and Conditions of Use
These Terms and Conditions describe how you can view and use this Website at www.mochipanko.com (the “Site”).
1. Terms
By accessing this Site, accessible from mochipanko.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials on Liya Weng's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose or for any public display;
attempt to reverse engineer any software contained on Liya Weng's Website;
remove any copyright or other proprietary notations from the materials; or
transferring the materials to another person or "mirror" the materials on any other server.
This will let Liya Weng terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
3. Disclaimer
All the materials on the Site are provided "as is". Liya Weng makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Liya Weng does not make any representations concerning the accuracy or reliability of the use of the materials on the Site or otherwise relating to such materials or any sites linked to this Website.
4. Limitations
Liya Weng will not be held accountable for any damages that will arise with the use or inability to use the materials on the Site, even if Liya Weng or an authorized representative of this Site has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the Site may include technical, typographical, or photographic errors. Liya Weng will not promise that any of the materials on this Site are accurate, complete, or current. Liya Weng may change the materials contained on the Site at any time without notice. Liya Weng does not make any commitment to update the materials.
6. Links
Liya Weng has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Liya Weng of the site. The use of any linked website is at the user’s own risk.
7. Site Terms of Use Modifications
Liya Weng may revise these Terms of Use for the Site at any time without prior notice. By using this Site, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
8. Your Privacy
Please read our Privacy Policy.
9. Governing Law
Any claim related to Liya Weng's Website shall be governed by the laws of de without regard to its conflict of law provisions.
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Liya Weng (hereinafter referred to as "Seller"), shall apply to all conclusions of contracts concerning the delivery of goods presented in the Seller’s online shop to a consumer or entrepreneur (hereinafter referred to as "Customer"). Customer’s terms which run contrary to these GTC are herewith contradicted unless something else is agreed.
1.2 Consumers within the meaning of these GTC are any natural persons, in so far as they conclude a legal transaction with the seller which can neither be attributed to their commercial nor their professional occupation. Entrepreneurs within the meaning of these GTC are natural or legal persons or joint partnerships with a legal capacity, in so far as they act in pursuit of their commercial or professional occupation on conclusion of the relevant legal transaction with the seller.
2) Conclusion of the Contract
2.1 The products shown in the online shop of the Seller do not represent a binding offer by the Seller but serve only for the purpose of the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods in the virtual shopping cart and after having gone through the electronic ordering process, by clicking the „purchase“ button the Customer submits a legally binding offer of contract with regard to the goods contained in the virtual shopping cart.
2.3 The Seller can accept the Customer’s offer within five days,
- by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the Customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the Customer, in which case the Customer’s receipt of the goods is decisive, or
- by requesting the Customer to pay after he/she placed the order.
If several of the above mentioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline to accept the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day after the submission of the offer. If the the seller does not accept the Customer's offer within the aforementioned deadline, this shall be deemed as a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form the contract text is saved by the Seller and sent to the Customer after sending his order together with these terms and conditions in text form (eg. e-mail, fax or letter). The contract text is no longer available on the seller’s website after the Customer sent his order.
2.5 Before agreeing to a binding order via the online order form on the Seller’s website the Customer can detect possible errors of data entered by attentively reading the information displayed on the screen. An effective technical tool for better recognition of data input errors is the zoom function of the browser which will enlarge the display on the screen. The Customer can correct his/her data entered using the known keyboard and mouse functions as long as he/she does not complete the ordering process by clicking on the “purchase” button.
2.6 The contractual language is English.
2.7 The order processing and establishment of contact usually take place via email and automated order processing. The Customer has to make sure that the email address provided by him/her for the ordering process is accurate so that e-mails sent by the Seller can be received by this address. In particular, when using SPAM filters, the Customer has to ensure that all emails sent by the Seller or by a third party commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal results from the instruction on withdrawal by the Seller.
4) Prices and Terms of Payment
4.1 Unless the Seller's product description indicates otherwise, prices stated are total prices and include the statutory value-added tax. Additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union additional costs may arise which are beyond the Seller’s control and which have to be paid by the Customer. These include, for example, costs for money transfer (transfer fees, exchange rate charges) or import duties/ import taxes (e.g. customs duties). Costs in regards to money transfer may also occur if the delivery is made into a country of the European Union but the Customer made the payment from a country outside the European Union.
4.3 Payment can be made using one of the options listed in the Seller’s online shop.
4.4 When payments are made by means of a payment method offered by PayPal, the handling of payments takes place via the payment service provider Paypal (Europe) S.à r.l. et cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the application of the PayPal terms of use which can be viewed at https://www.paypal.com/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to application of the terms of payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and Shipping Conditions
5.1 Goods are delivered on dispatch route to the address specified by the Customer, unless otherwise agreed. During the transaction process the delivery address specified by the Customer in the ordering process is applicable. However, if the Customer selects to pay via Paypal , the delivery address listed by the Customer at the Paypal checkout site at the time of payment is applicable.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the shipping. This does not apply if the Customer is not responsible for the circumstances that led to the delivery being impossible or if the Customer has been temporarily impeded to receive the goods, unless the Seller has notified the Customer for a reasonable time in advance about the delivery of the goods. Furthermore, this does not apply to the cost of the consignment if the Customer effectively exercises his/her right of withdrawal. The handling of return costs is regulated within the instruction of withdrawal by the Seller.
5.3 If the Customer receives an incorrect, defective, or damaged item, he/she may contact the Seller via email (mochipanko@hotmail.com). The Seller will arrange to send a replacement order to the Customer. The Seller bears the cost for shipping, as the Customer is not responsible for the circumstances that led to the product(s) being damaged. If the product cannot be replaced due to it being a limited edition that has sold out, the Customer will be refunded, minus shipping costs.
5.4 Collection by the Customer is not possible for logistical reasons.
6) Liability for Defects (Warranty)
6.1 If the purchased item is deficient, liability for defects in accordance with the statutory regulations shall apply.
6.2 The Customer is requested to make a complaint about the delivered goods with obvious transport damage to the delivery company and to inform the Seller. If the Customer does not comply with this it has no effect on his statutory or contractual claims for defects.
7) Applicable Law
7.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties under exclusion of the laws on international purchases of movable goods. For consumers this choice of law applies only insofar as the granted protection by mandatory provisions of the state’s law, in which the consumer has his/her habitual residence, has not been withdrawn.
7.2 Furthermore, this choice of law does not apply in regard to the statutory right of withdrawal to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and their sole residence and delivery address at the date of conclusion of the contract is outside the European Union.
8) Alternative Dispute Resolution
8.1 The EU Commission is providing a platform on the Internet regarding the online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court settlements of disputes arising from online sales or service contracts involving a consumer.
8.2 The Seller is neither obliged nor willing to attend a dispute settlement procedure before a consumer arbitration board.