
§1 GENERAL
(1) Scope of Application
These terms apply to all contracts, delivery, and all other services of the website Morerakeback. Holder: Lukas Lange, Avenida Gerdtrudes 181, Atibaia, Brazil, referred to as “Seller” in this document, concerning the online site morerakeback.com and all subdomains belonging to this domain.
(2) Governing Law
The business relations between the Seller and the customer are governed by the law of the Federal Republic of Germany. For business relations with consumers, this choice of law applies only insofar as the granted protection is not detracted by mandatory regulations of the law of the state where the consumer has their permanent residence. This contract is not subject to the “United Nations Convention on Contracts for the International Sale of Goods.”
(3) Language
The language of the contract is English.
(4) Jurisdiction
The place of jurisdiction is Brazil, insofar as the customer is a businessman or a legal entity under public law or special public assets. The same applies for customers with no general place of jurisdiction in Germany or when the residence or permanent dwelling is unknown at the moment of filing a complaint. If the customer is a consumer, the place of jurisdiction is the residence of the customer.
§2 CONTENT of CONTRACT and CONCLUSION of CONTRACT
(1) Order Process
The customer can choose products from the Seller’s assortment and add them to the shopping cart by clicking the “ADD TO CART” button. By clicking the “BUY NOW” button, the customer declares a binding purchase order of the products in the shopping cart. Before submitting the order, the customer can change and review the specifications at any time. The purchase order is only sent and transmitted to the Seller if the customer accepts the terms and conditions, disclaimer, and data protection policy by ticking the corresponding checkbox.
(2) Acknowledgment of Receipt
The Seller sends an automatically generated acknowledgment of receipt via email, listing the exact order. The customer can print this email using the “print” function. This acknowledgment merely documents that the Seller received the order, and does not constitute acceptance of the offer made by the customer. The contract is concluded only when the Seller declares acceptance in a separate email. The contract text (order details) are not saved by us.
§3 PRICE, SHIPPING COSTS, SALES TAX, and PAYMENT
(1) Prices
For orders via the online shop, the prices listed there apply. All prices include the sales tax, which is shown separately.
§4 DELIVERY and PASSING OF RISK
The ordered products are, unless otherwise agreed upon by contract, unlocked for download on the Seller’s website.
§5 RESERVATION OF PROPRIETARY RIGHTS
The delivered products remain the property of the Seller until all contractual obligations have been fulfilled by the customer. In the case the customer is a businessman or a legal entity under public law or special public assets, or a businessman performing commercial or self-employed activities, the delivered products remain the Seller’s property until all claims from ongoing business relations are settled.
§6 LIABILITY for MATERIAL DEFECTS and DEFECTS OF TITLE
(1) Warranty
If defects exist, the customer can make use of the legal warranty provided by German law, and the following clauses. If the contract is concluded solely between businessmen, § 377 et seq. of the German HGB (Commercial Code) apply additionally.
(2) Warranty Period
If the customer is a businessman, the warranty period for new items is 12 months.
§7 LIABILITY
(1) Exclusion of Liability
Claims for damages are excluded, except for claims concerning life, body, health, or essential contractual duties, and liability for damages caused by willful or grossly negligent breaches of duty by the Seller, their legal representatives, or assistants. Essential contractual duties are those whose fulfillment is necessary for achieving the purpose of the contract.
(2) Liability for Violation of Essential Contractual Duties
If essential contractual duties are violated, the Seller is only liable for foreseeable damages typical for the contract, if the violation was caused by simple negligence, unless the violation concerns life, body, or health.
(3) Liability for Legal Representatives
The limitations in paragraphs (1) and (2) also apply to the legal representatives and assistants of the Seller if claims are made directly against them.
(4) Product Liability
The regulations of the German Product Liability Act (ProdHaftG) remain unaffected.
§8 RIGHT OF WITHDRAWAL FOR CONSUMERS
As a consumer, you have the right to withdraw from this contract within 14 days without providing a reason. The period begins on the day you or a third party, not the carrier, takes possession of the product. To exercise your right of withdrawal, you must inform us (Your Name, Address, and, if available, your phone number and email address) through an explicit statement (e.g., by mail or email) about your decision to withdraw from this contract. You may use the sample withdrawal form below, although it is not mandatory.
Sample Withdrawal Form
To:Morerakeback.com
Owner: Lukas Lange
Avenida Gerdtrudes 181
Atibaia, Brazil
E-Mail: support@morerakeback.com
Hereby, I/we withdraw from the contract concluded with you regarding the purchase of the following products/services:
- Ordered on / Received on:
- Name of the consumer:
- Address of the consumer: