1.1 Things I Like GmbH ("MONOQI"), Gormannstr. 22, 10119 Berlin, Germany on website www.MONOQI.ch and/or www.MONOQI.com operates an online shop in the form of a shopping community. Goods are offered for sale, in the context of sales drives, to the registered members of the Community (the "Users"). They are sold in such quantities as are customarily purchased for use by private households.
1.2 While the product range of MONOQI addresses consumers and entrepreneurs alike, it is only available to end users. For the purposes of these General terms and conditions (i) Users are natural persons concluding the pertinent contract for purposes that cannot primarily be attributed either to their commercial or to their self-employed professional activities while (ii) "Entrepreneurs" are natural or legal persons or partnerships of legal capacity acting when concluding the pertinent contract in the exercise of their commercial or self-employed professional activities.
1.3 The present provisions apply to all of MONOQI's business relations with Users. General terms and conditions of the latter shall not apply even if MONOQI does not, in a given case, specifically object to their validity.
1.4 You are free to conclude your purchase contract either in the German or the English language. Where both versions of these general terms and conditions have effectively been incorporated into a contract, the German text shall prevail in case of a dispute.
2.1 The sale of alcoholic beverages to persons under the age of 18 is prohibited. Any sale is aimed solely at adults. By submitting your order, you acknowledge that you have reached the age of 18 and are of legal age. If you are younger than 18, your order will not be processed.
2.1 The sales drives staged via www.monoqi.ch are exclusively accessible to registered members. Potential customers may register by first asking for a pertinent invitation to and thereafter going through the registration process. They may also register via Facebook Connect.
2.2 Registration and membership are free of charge. Neither gives rise to any purchasing obligation. Completion of the registration process by the User results in contract of use between MONOQI and the latter.
2.3 MONOQI is entitled to refuse to issue an invitation or make a registration without giving reasons.
2.4 A membership account may be opened only on the basis of the User's up-to-date e-mail address which is simultaneously to be used to communicate with the operator. For the purpose of registration, the User is obligated to truthfully provide all details requested. The use of fictitious names is not permitted. Users whose particulars change during the course of their membership are obligated to promptly adapt their membership profile accordingly.
2.5 Users will receive confirmation via e-mail to the effect that they have duly been registered complete with password-protected access authorisation ("Access Data"). They may not disclose their access data to third parties are required to treat them confidentially and must protect them from any unauthorised access. Users are obligated to promptly advise MONOQI of any clues to the unauthorised use of access data by third parties.
2.6 Each User may be registered only once as of the given point in time. Following termination of the given contract by MONOQI, the User may not re-register except with the express consent of MONOQI.
2.7 MONOQI reserves the right to cancel members' accounts not accessed for more than six months or to do so if MONOQI is unable to reach the User via the designated e-mail address.
3.1 Users are free to invite friends to share in the Shopping Community e.g. via e-mail, Facebook or Twitter by providing them with an individual MONOQI-link.
3.2 Users availing themselves of the opportunity to inform a third party of the portal's existence via the recommendation function provided by the operator (Invitation) must ensure that the given third party agrees to the transmission of the advertising reference e-mail.
MONOQI is free to grant purchase credit notes (e.g. for inviting friends) (hereinafter referred to as "Purchase Credit Notes"), gift certificates (purchased voucher cards, hereinafter referred to as "Gift Certificates") or vouchers (e.g. welcoming vouchers or coupons granted to individual members). These facilities are primarily subject to the prerequisites specified at the point in time of granting of the given facility. In all other respects the following rules shall apply:
4.1 A purchase credit note or a voucher is granted as a credit on the User's consumer account with MONOQI. The gift certificate is coupled with an electronically generated code reflecting the given credit balance. Where the credit balance of a gift certificate exceeds the amount redeemed, it is credited to the customer account of the redeeming party. These credit balances and gift certificates may only be used for future purchases within the Shopping Community. They may not be set off against forwarding charges. Where the value of the given order exceeds the value of the credit and/or of the gift certificate, the differential is settled by one of the modes of payment herein defined. The redemption of a purchase credit note or of a voucher may be made contingent on a minimum contract value. MONOQI reserves the right to accept only one purchase credit note and/or one voucher or gift certificate per order and to forbid the accumulation of purchase credit notes, vouchers and gift certificates. Gift certificates may not be acquired by redeeming an existing credit balance, nor is it possible to acquire a credit note by redeeming a gift certificate.
4.2 The purchase credit note and/or a voucher or a gift certificate may not be exchanged against money or paid in cash. Credit balances will not bear interest.
4.3 Purchase credit notices and vouchers are not transferable. Unless the term of validity is expressly stated in time of granting (e.g. in respect of a specific period or sales drive), the credit note shall lapse within six months of being granted and/or upon the termination of membership. Any prolongation or transfer (e.g. to another sales drive) is ruled out. Any purchase credit note issued prior to the Shopping Community's shopping start shall lapse within six months of that starting date. Any credit balance acquired through a voucher card shall lapse within 3 years of the end of the year in which the voucher was issued.
4.4 Where a contract is withdrawn or otherwise reversed, the purchase credit balance and/or the voucher are/is re-credited to the User's customer account at the redeemed level. The credit balance of a gift certificate shall be granted back by issue and transmission of a new code. Disbursement is ruled out according to sub-para. 4.2.
4.5 If and to the extent that the redemption of purchase credit notes and/or of vouchers is made contingent on certain prerequisites and that circumstances occurring after closing (such as the partial reversal of contracts) result in these prerequisites being no longer met, MONOQI is entitled to treat the User as if these prerequisites had not been met as early as at closing. This may lead to a purchase credit note and/or a voucher being re-credited to the customer's account and payment of the agreed purchase price being demanded.
4.6 MONOQI reserves the right to divert the User to alternative modes of payment and/or to cancel a purchase credit note and/or a voucher if there is justified suspicion of unauthorised use of a voucher or a purchase credit note (e.g. inviting non-existent persons or double registrations).
4.7 Vouchers or gift certificates lost or stolen are not reimbursed either. MONOQI does not assume any liability for vouchers or gift certificates lost or stolen.
5.1 Any use of www.monoqi.ch and/or www.MONOQI.com must strictly be confined to the contractual scope. The User undertakes to abide by applicable law (e.g. penal, competition or youth protection law) in generating or using content of its own and to refrain from violating third-party rights (e.g. under name, trademark, copyright and data protection law). Any improper or unlawful usage, exploitation, exercise of influence on or change of the subject websites is inadmissible. It is in particular forbidden to use www.MONOQI.ch and/or www.MONOQI.com.
5.1.1 for the performance or encouragement of anticompetitive activities including advertising other shopping communities or progressive customer canvassing practices such as chain, pyramid or snowball systems;
5.1.2 to copy or readout content such as offers, listings or databases for commercial purposes;
5.1.3 for using content of a pornographic, defamatory, offensive, racist or threatening nature, content incompatible with youth protection law or otherwise unlawful or unethical, or for advertising, offering or distributing products of this nature;
5.1.4 for spreading malware;
5.1.5 for uploading content curtailing or infringing the rights of third parties or rights protected by copyright except where the User holds the pertinent rights or acts with the right holder’s approval;
5.1.6 for curtailing the accessibility of the subject services and performances by other members including by intercepting news, spreading spam and transmitting news serving a commercial purpose;
5.1.7 The use of temporary email addresses
5.1.8 For publishing the names, addresses, telephone or fax numbers, e-mail addresses, membership names or other contact data of messenger services.
5.2 The User has no claim to the constant availability of specific functionalities of the portal. MONOQI is anxious to ensure the proper functioning of its portal. This is naturally confined to such performances as can be influenced by MONOQI.
5.3 MONOQI is entitled to restrict its performances in whole or in part, temporarily or permanently if this is required on account of maintenance works, capacity shortages, server security or integrity, for the implementation of technical measures or due to other events not subject to its control.
6.1 To the extent that Users are given the opportunity to publish content of their own such as evaluation reports, the following rules shall apply: By exercising the opportunity to transmit content of its own the User grants MONOQI the rights of use as the latter requires for the publication and processing of all or part of such content. Such rights of use are unlimited in terms of time, space and substance, irrevocably authorising, among other things, the transfer of the subject content and of the rights of use proper to third parties to the extent that this serves the purposes of publication and processing. The rights of use granted specifically include the right of reproduction, the right of distribution and the right of communication to the public, in particular by making content available to the public. The User waives the right to copyright notice. This provision does not affect the User's right to grant third parties rights to content posted using specific licensing models.
6.2 MONOQI is entitled but not obligated to store, publish, delete or shorten Users' own content.
6.3 All rights to the portal's content belong to MONOQI. The User is not allowed to reproduce, disseminate and/or publish content posted on the website by MONOQI, other users or third parties.
6.4 Contents of Contents of www.MONOQI.ch and www.MONOQI.com respectively are protected by copyright law, trademark law or database law. Such website content may not be copied, disseminated, reproduced or in any other way used except with the consent of the rights' holders. The same is true for copying with the help of robots, crawlers or other automated techniques.
7.1 The Parties may at any time terminate their membership by e-mail (addressed in case of termination by the User to email@example.com or by activating the pertinent button on its membership account) without giving reasons and without being required to observe a notice period. The right of termination without notice for good cause remains unaffected. A good cause on the part of MONOQI is deemed to occur in particular if
– the User makes false statements in contravention of sub-para. 2.4 or fails to promptly update a false statement;
– the User passes its access data on in contravention of sub-Para. 2.5;
– the User establishes more than one user account in contravention of sub-Para. 2.7.
7.2 MONOQI Taking account of all aspects of the given case and weighing the interests of either contracting party, MONOQI may, in lieu of termination without notice, opt for less stringent measures such as temporarily or permanently blocking access – e.g. pending clarification of the factual situation – or barring the User from specific functions or activities. The User will accordingly be informed in the context of its next login attempt.
7.3 Obligations arising from contracts concluded remain unaffected by termination. Any access to the customer account will no longer be possible in the case of termination.
Articles are presented in the context of sales drives involving batches limited in terms of time and quantity. MONOQI reserves the right to make its acceptance of orders for articles presented during sales drives contingent on the satisfaction of certain requirements.
9.1 The presentation of goods on www.MONOQI.ch and/or www.MONOQI.com constitutes an invitation for the User to place a purchase offer rather than a legally binding offer by MONOQI. A binding purchase offer is triggered by the User by activating its "buy" button, thus dispatching its order. Acceptance of the offer is effected by dispatch of an affirmative e-mail.
9.2 MONOQI stores the text of the contract and transmits the order data to you by e-mail. You may retrieve your order data at any time from your customer account.
9.3 MONOQI is entitled to rescind the contract –
9.3.1 if it is for its part not or but incompletely supplied for more than a short period of time without being responsible therefor, in particular if MONOQI has in good time concluded a congruent hedging transaction with its supplier;
9.3.2 if delivery becomes impossible for more than a short period of time on account of force majeure, strike or lack of raw materials without MONOQI being responsible therefor. MONOQI shall advise the User of the occurrence of any of the above events immediately after learning about it. Payments already made by the User, if any, will promptly be refunded.
10.1 MONOQI grants a voluntary right of withdrawal to its consumers.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Things I Like GmbH, Gormannstr. 22, D 10119 Berlin, Tel.: +4143 - 50813 17, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The consumer bears the burden of proving that the goods to have been returned.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal or return the ordered goods before the withdrawal period has expired.
If you withdraw effectively from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us)We will exercise our right of retention until we have received the goods completely.
You shall send back the goods or hand them over to us.
Things I like GmbH, Berlin / D
c/o MS Mail Service AG
9029 St. Gallen
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the cost and risk of returning the goods. This does not occur in case the goods received do not comply with the goods ordered.
You are liable for any diminished value of the goods and therefore have to compensate us for any loss of value, if you can return the goods in declined condition only.
10.2. Exclusion from right of withdrawal
The right of withdrawal does not apply
– to any delivery of goods which are not prefabricated and the production of which is subject to individual selection or specification by the consumer or which are clearly tailored to the consumer's needs,
– to any delivery of goods which are perishable or the best-before-date of which would soon expire,
– to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery,
– to any delivery of goods if they have been inseparably mixed (due to their nature) with other goods after delivery,
to the delivery of newspapers, periodicals and magazines except subscription contracts.
10.3. Please avoid damage and soiling. Please return the goods to us in their original packaging if possible, with all accessories and with all packaging components. If appropriate, use a protective outer packaging. If you no longer have the original packaging, please use an appropriate packaging to provide sufficient protection against damage in transit to avoid claims for compensation due to damage as a result of insufficient packaging. Please note that the arrangements specified in this paragraph are not a precondition to effective exercise of your right of withdrawal.
11.1 Orders are subject to the prices named on the given article page as of the point in time of order placement. The prices stated are final prices, i.e. inclusive of statutory VAT and all other price components.
11.2 Forwarding charges are added to the product prices in respect of each order. The forwarding charges are governed by the volume and weight of the goods, the mode of dispatch chosen and the country of destination. They are listed on the article page and in the context of order placement.
11.3 Where incorrect prices are named on www.MONOQI.ch and/or www.MONOQI.com due to technical errors and a purchase contract materialises on the basis of these incorrect prices, MONOQI is entitled to challenge the purchase contract even after having confirmed the order by e-mail, in which case payments already made by the User are promptly refunded.
12.1 Purchase price and forwarding charges are payable without deductions right after the conclusion of the purchase contract.
12.2 As a matter of principle, payment needs to be made by credit card, immediate transfer or PayPal. While accepting various credit cards such as Visa and Mastercard, MONOQI reserves the right to divert the User in individual cases to specific alternative modes of payment.
12.3 Users getting into arrears with a payment are obligated to pay statutory default interest at a rate of 5 percentage points above the base rate of interest. A charge of € 5 is levied on each reminder dispatched to the User after default occurred.
13.1 MONOQI delivers the articles within the period indicated on the website except if expressly instructed otherwise by the User with the proviso that delivery will at any rate take place not later than within 12 weeks of order placement. The goods will not be dispatched until the customer has paid the full invoice amount.
13.2 Delivery is made to the address named by the User, who is obligated to ensure that delivery can be made to that address during ordinary business hours. It acceptance is delayed by the User, the latter is obligated to compensate MONOQI for the additional expenses incurred by MONOQI in its futile attempt at making delivery and for the storage and preservation of the subject consignment.
13.3 We are entitled to make partial deliveries to the extent that you can reasonably be expected to accept this practice, taking due account of the interests of either side. Additional forwarding charges, if any, will of course be assumed by us. The risk of accidental loss or deterioration of deliveries or services passes to you as of the date of hand-over of the given partial consignment. If we entirely fail to render outstanding partial performances or we fall into default doing so, you are entitled to rescind the entire contract or claim compensation in place of delivery unless you prefer to opt for the given partial delivery.
13.4 We request you to promptly give notice of any apparent transport damage to the forwarding agent as well as to MONOQI. Such notice, while not in any way curtailing the warranty rights of Users, makes it easier for MONOQI to assert claims of its own against the forwarding agent.
14.1 Title to the articles does not pass to the User until full payment has been made.
14.2 You are entitled to set-off only if your counter claim has been non-appealably established and is not being challenged by us. A right of retention may be exercised by you only to the extent that your counter claim is based on the same contractual relationship.
In regard to articles delivered with defects, the customer is entitled to the warranty rights arising from the statutory provisions on the sale of goods. Not counting as defects are natural wear and tear as well as such damage as is associated with inexpert handling or excessive usage.
16.1 MONOQI is liable without limitations for damage/defects caused by intent or gross negligence.
16.2 In case of slight negligence, the liability of MONOQI is limited to any such breach of cardinal duties as jeopardises the achievement of the purpose of the given contract or as is a sine qua non for its proper performance, i.e. duties whose fulfilment the User has come to consistently rely on (cardinal duties). However, in these cases the liability of MONOQI is limited to such damage/defects as is/are foreseeable at closing as being typical of the given type of contract.
16.3 The above limitations of liability do not apply to injury to life, body or health, to the assumption of a guarantee for a product's condition to the extent that liability is provided for by the Product Liability Act or in case of fraudulently concealed defects.
16.4 Any exclusion or limitation of liability by MONOQI also extends to any personal liability on the part of MONOQI's employees, representatives or vicarious agents.
17.1 The User indemnifies MONOQI and its staff members and/or agents against all claims asserted by third parties for any purported or actual breach of law and/or infringement of third-party rights through activities undertaken by the User in the context of using the website e.g. by posting content of its own. In these cases the User assumes all costs incurred by MONOQI as a result of recourse to it by a third party. Also deemed as being recoverable are such costs as are associated with proper legal defence complete with court and lawyers' fees at the statutory level.
17.2 Any User subject to recourse by a third party in the manner set forth above is obligated to truthfully provide MONOQI without delay with all such details as may be required to verify and ward off the claims asserted.
18.1 The legal ineffectiveness of any of the above provisions does not entail the ineffectiveness of the remaining provisions. Rather, any ineffective provision is to be replaced by such an effective provision as corresponds to the economic purpose of the former.
18.2 All relations between MONOQI and the User are governed by the law of Swiss to the exclusion of UN sales law.
18.3 Bern is the venue for all disputes arising from or in the context of contracts between us and you, if you are a businessman, a legal person under public law or a public-law special fund.
Things I Like GmbH