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Terms and conditions

(updated on Aug. 21, 2020)

General Terms and Conditions of momox GmbH


I. Scope of application

1. These General Terms and Conditions govern purchases made via as well as via the mobile Application (App), i.e. an application software for mobile devices and/or mobile operating systems. They shall, as last amended, become part and parcel of the content of the given contract. Use of the App shall in addition be governed by the Terms of Use for Mobile Devices. Click here to access the given file.

2. These General Terms and Conditions govern the purchase of second-hand books, CDs, DVDs, computer games and similar products (hereinafter "Merchandise").

3. The applicability of these Terms and Conditions to consumers is governed by Section 13 BGB [German Civil Code] and to companies by Section 14 BGB.

4. In contracting the given sale the seller accepts these General Terms and Conditions as last amended.


II. Purchasing prerequisites

1. momox exclusively purchases merchandise offered by consumers or companies not doing so in the exercise of a business or a commercial activity.

2. momox will buy exclusively from seller 18 years of age and older.

3. Where the merchandise is books, these are purchased only if they are not subject, when being sold as second-hand goods, to Section 3 p. 2 BuchPrG [Law on Book Prices] or if they are covered, when being sold as such, to another exception to book price maintenance under Section 7 BuchPrG.

4. momox does not purchase more than one piece/unit of the given article from one and the same seller.

5. momox confines itself to purchasing merchandise owned by the seller, unencumbered by third-party rights and complying with momox purchasing conditions. Click here to access these conditions.

6. momox only purchases items of a minimum purchase price of 10.00 GBP.


III. Offers, conclusion of contracts

1. The EAN or ISBN of the given article shall be entered by the seller in the input box of the homepage.

2. momox quotes to the seller a price for the given article. If the seller accepts the price quoted, it adds the article to its sales basket. For the completion of the sales basket the seller follows the following instructions.

3. The purchase price named and the print-out of the delivery note by the seller is not binding but merely to be understood as a request for the seller to submit a purchase offer. Receipt of the purchase offer shall be confirmed to the seller without delay. Such confirmation is not tantamount to acceptance of the offer. Rather, such acceptance, if any, is signalled by a purchase note (transmitted by e-mail) or by remittance of the purchase price. A purchase contract does not come into being until the offer is accepted.

4. Where a seller offers several articles for purchase at the same time, a separate purchase contract needs to be concluded for each of them.

5. The seller remains bound by its offer for 10 days from the point in time of transmission of the purchase offer.

6. The purchase offer is not accepted if the merchandise does not comply with the purchasing conditions, if a merchandise other than offered is sent in, if momox repeatedly receives articles from the same seller or if merchandise is received more than 21 days after the sales offer. Additional goods that are not encompassed by the offer for sale and not listed on the delivery note are not processed, paid out or returned.

7. The seller will be requested three times at intervals of 14 days to decide on the treatment of merchandise refused. In the absence of any pertinent feedback to momox from the seller within the above time limit, title to the given merchandise shall pass to momox. If the seller decides to return the items, this shall be at the seller's expense. If delivery of the return shipment to the seller fails due to circumstances for which we are not responsible, we reserve the right to recycle the goods. There will be no refund.

8. The seller will bear the shipping cost if he decides to return the merchandise. If, despite three requests, the Seller fails to react within 14 days (from the final request), that is to say, neither makes an express decision that the goods rejected should remain with momox nor asks that they should be returned to him, momox will assume that the goods rejected are to become the property of momox. Momox will expressly draw this to the attention of the Seller once again by e-mail. 


IV. Prices, forwarding charges, delivery

1. The purchase price is inclusive of packaging by the seller. The forwarding charges shall be borne by the seller if it fails to make use of any one of the gratuitous modes of dispatch offered on the given website.

2. The seller is urged to dispatch the merchandise immediately following submission of its sales offer.

3. The risk of accidental loss or incidental deterioration of the goods passes to momox upon delivery. The seller is under a duty to package and despatch the goods in such a manner that they suffer no damage in transit. This does not apply to such articles as do not comply with the purchasing conditions or vary from the merchandise offered.


V. Payment conditions

1. Payment shall be due within 14 days of receipt of the merchandise at the latest. Cash payment is ruled out.


VI. Coupons

1. If the seller has a momox coupon he can apply this to his current sales basket, provided all conditions for the coupon are met.

2. The redeemed coupon will be credited and paid out to the actual overall sum resulting after all articles have arrived at and been inspected by momox.


VII. Obligations in case of defects

1. Defective merchandise is subject to the pertinent statutory rights. This shall also apply to defects due to improper packaging.

2. Claims for defects become statute-barred within one year of arrival of the merchandise.


VIII. Exclusion of liability

1. The exclusion of liability shall apply if no sale is effected and the seller has not opted for the return of the goods.


IX. Applicable law

Contracts concluded between momox and the seller are governed by the law of the Federal Republic of Germany to the exclusion of UN sales law (CISG).