Terms & Conditions / Rental conditions
§ 1 scope
The rental of rental equipment of any kind by MoJamba (hereinafter "lessor") takes place exclusively on the basis of these terms and conditions. If the customer is an entrepreneur, i.e. when the legal transaction is in the exercise of a commercial or independent professional activity, these conditions also apply to all future business relationships and contracts, even if they are not expressly agreed again. Terms and conditions of the customer or a third party that conflict with or deviate from these terms and conditions only come into effect if the lessor expressly agrees to these differing terms and conditions, otherwise these are contradicted.
§ 2 order and conclusion of contract
(1) The customer can order the loan equipment he wants online at the Internet address https://www.mojamba.de/vaporizer-verleih/ or by phone at 02222-8389147.
(2) A contract for the rental of a loan device is concluded with Stefan Münch, MoJamba-Smoking, Pelzstrasse 30, 53347 Alfter.
(3) As part of the order, the customer must first choose which device he wants to borrow for which period.
The rental device and the rental period are selected in the lessor's online shop, in which the customer adds the rental device to the shopping cart and clicks on the "Book now" button. Then the start of the rental and the rental period as well as the number of rental devices can be selected. The booking is completed by the customer
• opens the shopping cart
• registers as a registered customer, registered as a new customer or continues as a guest without registration
• enter or check the delivery and invoice address
• selects the shipping method and the method of payment
• takes note of the cancellation policy and these rental conditions and confirms this
• and confirms the accuracy of his information by clicking on the "order with a fee" button at the end.
(4) The possible rental period and the start of the rental will be displayed or communicated to the customer when placing the order. After submitting the order, the customer receives an order confirmation.
(5) By submitting the order, a binding rental contract is concluded with the lessor for the selected rental equipment and the specified rental period.
(6) The contract is concluded exclusively in German.
§ 3 Correction of input errors / storage of the contract text
(1) The contract declaration made by the customer in the context of the order can be corrected at any time before clicking on the relevant fields. After submitting the order, a correction is no longer possible.
(2) The order for rent is saved by the lessor until the transaction is completed. Should the customer lose documents relating to his orders, he can contact the lessor by email. The lessor can send the customer a copy of the order data as long as the order has not yet been fully processed, i.e. the loaner has not yet been returned. After returning the loan device, the order data will be deleted subject to the statutory retention periods and can no longer be made available.
§ 4 subject of the contract
(1) The subject of the contract is the temporary rental of rental equipment for the sole purpose of independent use at the customer's own risk and responsibility. The loan device is either sent to the customer or can be picked up by the customer at the lessor's premises after prior agreement. The customer is obliged to return the rental equipment to the lessor at his own expense and responsibility.
(2) The rental devices are in a new / as good as new, perfect and undamaged condition when handed over to the tenant. The rental item must be returned in the same condition.
(3) Accessories such as mouthpieces, hoses, balloons etc. are only part of the contract if they are expressly named in the offer description.
§ 5 prices and shipping costs / rent deposit
(1) All prices stated or indicated by the lessor include the statutory sales tax plus shipping costs.
(2) In addition to the stated prices, shipping costs will be charged for the delivery. The shipping costs are clearly shown on the shipping costs overview, in the shopping cart system and on the order page. If there is free shipping, this will be indicated when ordering.
(3) Unless otherwise agreed in writing, the customer pays the rental price including the rental deposit when taking over the rental equipment. The rental deposit will only be reimbursed if all loaned equipment is returned in full in the condition in which it was issued. The lack of parts or accessories entitles the lessor to retain part or all of the rental deposit.
§ 6 delivery
(1) The delivery of loan devices takes place exclusively within Germany.
(2) The booking of a loan device must have been received by the lessor at least three working days before the start of the rental period. The loan devices are delivered at the time requested by the customer, taking into account the required advance notice of at least three working days. The rental period begins on the day of the booking provided that the rental device is not made available to the customer earlier.
§ 7 payment methods
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Cash on pickup
You pay the invoice amount in cash upon collection.
§ 8 rental period / return
(1) The lease is concluded for an indefinite period. The rental ends when the rental equipment is returned to the lessor.
(2) Ordinary termination of the rental contract during the rental period specified in the order is excluded. The right to extraordinary termination remains unaffected by this.
(3) An extension of the rental contract after the rental period specified in the order takes place without further explanation on the part of the customer by not returning the rental equipment at the end of the rental period. During the extension of the rental period, the conditions underlying the original rental period, in particular the rent agreed for this, are deemed to be agreed.
(4) The termination of the rental contract after the rental period specified in the order can only be declared by returning the rental equipment to the lessor. The rental period ends when the rental equipment is received by the lessor. Any claims for reimbursement by the lessor due to damage to the rental equipment remain unaffected.
If the rental equipment is not returned on time, the lessor is entitled to charge the period after the agreed return until the actual return with an additional rent or alternatively to claim damages, in both cases the amount is based on the agreed rent for the agreed rental period ,
(5) If the tenant returns the loaned equipment to the lessor before returning it, a full or partial reimbursement of the rent already paid is excluded.
(6) The rental equipment must always be returned to the lessor. The lessee can either return the item personally or send the loaned equipment to the lessor at his own risk and expense.
(7) The loaned devices are to be returned in an orderly, customary condition. The customer cleans and removes dirt, residues or other foreign bodies. If cleaning by the lessor becomes necessary because the customer has not carried it out or has not done so sufficiently, the lessor reserves the right to invoice the customer separately according to expenditure.
§ 9 warranty
The statutory provisions on warranty apply.
§ 10 liability / acceptance and transfer of risk
(1) The lessor provides the customer with loan equipment exclusively for private use within the statutory provisions of the Federal Republic of Germany. The use of the rental equipment is always at the customer's own risk, unless the lessor is liable from the following provisions. Improper use of rental equipment, in particular operation with all types of narcotics, is prohibited.
(2) The lessor is not liable for the fact that the rental equipment is approved or suitable for a specific use
(3) The lessor is fully liable for damage to life, limb and health based on a negligent or willful breach of duty by the lessor or his legal representatives and agents. The lessor is also liable in accordance with the statutory provisions for damages based on willful or grossly negligent breaches of contract as well as malice on the part of the lessor or his legal representatives and vicarious agents.
(4) The lessor, on the other hand, is liable for damage caused by simple negligence only insofar as the damage resulting from this is based on the violation of rights that are to be granted to the customer according to the content and purpose of the contract and / or on the violation of obligations , the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts and can trust (cardinal obligations). In such a case, the amount of liability is limited to three times the value of the rent and the typically occurring damage.
(5) Any further liability is excluded regardless of the legal nature of the asserted claim.
(6) If the customer receives the rental equipment, the risk of loss and damage passes to the customer.
§ 11 purchase option
(1) The customer has the option of purchasing all loan equipment. The purchase and thus the transfer of ownership of the loan device in favor of the customer can be made as soon as the customer chooses
• the customer has paid the rent in the amount that was shown as the purchase price on the internet shop https://www.mojamba.de at the time of placing the order for the rented device, and asserts the purchase option against the lessor;
• the customer the difference between the purchase price, which was shown on the internet shop https://www.mojamba.de at the time of ordering the rental of the rented device, and which had paid the rental payments to the lessor up to that point and to lessor asserts the purchase option.
In both cases, ownership is only transferred if the customer expressly asserts the purchase option against the lessor. In this case, the regulations regarding the rental period and return do not apply. If the claim is made later, the rent paid will not be reimbursed, even if it has not exceeded the purchase price.
(2) If the customer purchases an equivalent or higher-value device within 10 days after returning the loan device, the rent of up to 3 rental days will be deducted from the purchase price of the new device.
§ 12 ownership
(1) The lessor always remains the owner of the rental equipment during the rental period. If a transfer of ownership takes place in accordance with § 11 (2), the retention of title exists until the purchase price for the borrowed device, which is shown at the time the order is placed, is paid on the internet shop https://www.mojamba.de.
(2) During the rental period and before acquiring the property according to § 11 (1), the customer is not entitled to lend the rental equipment to third parties, to sell it, to transfer it to security or to remove it in any other way from the access area of the lessor. In the event of seizure or other access by third parties, the customer must immediately inform the respective creditor about the property of the lessor and inform the lessor immediately.
(3) It is forbidden to take the rental equipment outside of the Federal Republic of Germany. In the event that rental payments are discontinued, the lessor reserves the right to take civil and criminal action.
§ 13 final provisions
(1) The law of the Federal Republic of Germany applies exclusively, excluding the U.N. purchase law, unless the protection granted by mandatory provisions of the law of the state in which the customer, who is a consumer, is habitually resident, is withdrawn.
(2) In contracts with merchants, i.e. customers who operate a trade, or for other legal reasons are classified in the HGB as a merchant as well as with legal entities under public law, Bonn is the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
(3) Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ ,