Terms of service

I. Terms of Service
1 Basic Provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as the provider (MushMoons GmbH, hereinafter also mushmoons) via the website www.mushmoons.de. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.
1.2 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or profession.
2 Formation of the Contract
2.1 The subject of the contract is the sale of goods.
2.2 By listing the respective product on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the item description.
2.3 The purchase contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart.” You can access the shopping cart via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal details as well as the payment and shipping terms, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g., PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), you will either be taken to the order overview page in our online shop or first redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, make the appropriate selection and enter your data there. You will then be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to check and change all details again (also via your internet browser’s “back” function) or cancel the purchase.
By submitting the order via the “buy” button, you make a legally binding declaration of acceptance of the offer, thereby concluding the purchase contract.
2.4 Order processing and transmission of all information required in connection with the conclusion of the contract are carried out by email, in some cases automatically. You must therefore ensure that the email address you have stored with us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
3 Prices, Shipping Costs, and Payment Terms
3.1 The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
3.2 Unless otherwise stated, the redemption of voucher codes is subject to the following conditions:
•    Multiple codes cannot be combined.
•    Voucher codes do not apply to already discounted items, saver packs (bundles & kits), or merchandise products.
•    Each voucher code can be redeemed only once per person.
3.3 Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
3.4 The payment methods available to you are indicated via a correspondingly labeled button on our website or in the respective item description.
3.5 Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
4 Right of Retention, Retention of Title
You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
The goods remain the property of mushmoons until the purchase price has been paid in full.
4 Delivery
4.1 Delivery is made by dispatch from our warehouse to the delivery address you provide.
4.2 Information on delivery times is only binding if we have confirmed a specific delivery date to you in writing.
5 Transport Damage
Please check upon receipt whether the packages are undamaged and whether they match the goods ordered in terms of quality and quantity. Please have incorrect deliveries or damage acknowledged by the carrier and then contact us. Your statutory warranty rights are not affected by this.
6 Liability
If we are liable for damage under statutory provisions and/or under these terms where the damage was caused other than by intent or gross negligence, our liability is limited as follows: liability exists only in the event of a breach of essential contractual obligations and is always limited to the typical, foreseeable damage at the time the contract was concluded. This limitation does not apply in the event of injury to life, body, or health. Our no-fault liability under the Product Liability Act, in cases of fraudulent concealment of a defect, or where we have assumed the procurement risk or an independent guarantee remains unaffected.
7 Choice of Law, Place of Performance, Place of Jurisdiction
7.1 German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
7.2 The place of performance for all obligations arising from business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
8 Data Protection
The data necessary for processing the transaction will be stored and, where necessary for order processing, passed on to our service partners, e.g., the delivery company. Naturally, all data will be treated strictly confidentially, and the customer’s legitimate interests will be taken into account in accordance with statutory requirements. In all other respects, the provisions of the Privacy Policy apply.
9 Contract Term / Termination
Information on the term of the contract and the conditions for termination can be found in the provision “Contract Term / Termination for Subscription Contracts” in our General Terms and Conditions (Part I), as well as in the respective item description.
10 Resellers
10.1 Resale of the goods is excluded. Exceptions apply to resellers who are permitted to act after written confirmation by the seller.
10.2 Resellers may distribute the goods only on their own sales platform (offline, online). Sales on marketplaces such as Amazon.com or eBay are strictly prohibited.
10.3 Resellers may not offer the goods below the recommended price. Promotional discounts must be approved by the seller.
11 Final Provisions
11.1 If one or more provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected.
11.2 All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11.3 If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and you is the seller’s place of business.
11.4 Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 09.11.2025 (9 November 2025)