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MBOSS.US - GENERAL TERMS AND CONDITIONS

MBOSS.US - GENERAL TERMS AND CONDITIONS

I. General Information

  • Company Name:MBOSS.US e.K.
  • Registered Office: Wilhelminenstr. 20, 64283 Darmstadt
  • Registration Number: HRA 87564 at Amtsgericht Darmstadt
  • General Email Address: service@mboss.us
  • Website: https://www.mboss.us

This website is operated by MBOSS.US e.K. (hereinafter referred to as "we," "us," or "MBOSS.US"). The following terms and conditions (the "Agreement") govern the use of this website and the services available on this website. The services and products are offered subject to your (the "Consumer") unconditional acceptance of all the terms and conditions contained herein, as well as all other operating rules, policies, and procedures that may be published and updated by us from time to time, including those concerning shipping, returns, privacy, and others.    

These general conditions of sale shall apply to all offers and quotations of MBOSS.US and to the Agreement. MBOSS.US is entitled to amend these general conditions of sale and shall inform the Customer thereof in writing. In such case, the Customer is entitled to terminate the agreement. Any general conditions of the Customer are expressly excluded from applicability. If the substance of the Agreement deviates from the substance of these general conditions of sale, the substance of the Agreement shall prevail.

If you do not agree with this Agreement, you should not use this website. To use the services and products of MBOSS.US, you must read and understand these terms and conditions. By registering (creating an "Account") with MBOSS.US, you (the "Consumer") enter into a contract with us and agree to our terms and conditions.  Visitors to MBOSS.US who do not register for an account but still use the site and/or download the app confirm their agreement with the terms of use each time they visit MBOSS.US.

Changes to the terms and conditions can be made by us at any time, as described in Section 1.

This website provides access to various services and products that can be used and/or bought in accordance with our terms and conditions. These terms of use govern the contract between you and MBOSS.US. This website (and the services and products available on this website) can only be used if you agree to the terms. You may only use the website in accordance with these terms.

Only individuals over the age of 16 can agree to the terms and use the website and the services and/or buy products offered on the website. Furthermore, by using and buying our services and products on MBOSS.US, it is assumed that parents and/or legal guardians have entered into the contract with MBOSS.US on behalf of minors and are fully liable for them.

1. Changes

Changes to these terms and conditions can be made at any time. MBOSS.US reserves the right to modify this agreement, as well as any costs, fees, terms, and other content on the website at its sole discretion. It is the consumer's responsibility to stay informed of any changes. The use of the services after such changes constitutes the consumer's acceptance of the revised terms. The amended terms and conditions take effect as soon as they are posted on the website, and the use of the website (including all services offered on the website) after the posting is subject to the new terms and conditions. The provision of any payment information is considered confirmation that you, the customer, agree to the terms and conditions.

2. Definitions

In these general conditions of sale, the following definitions apply:

  • MBOSS.US: MBOSS.US e.K. and/or its affiliated companies.
  • Customer: Any party to which MBOSS.US supplies goods and/or for which it performs or has agreed to perform services, and any party that has given MBOSS.US an instruction of another nature.
  • Agreement: All agreements between MBOSS.US and the Customer relating to the purchase of goods and/or services by the Customer from MBOSS.US, and any other instruction given by the Customer to MBOSS.US, as well as any act legal or otherwise related to the foregoing.
  • Take Back: The service of MBOSS.US related to the sale of secondhand goods by the Customer to MBOSS.US.
  • Resale: The sale of secondhand goods by MBOSS.US to the Customer.
  • Clothing Repair and Alteration Service: The service of MBOSS.US related to the repair and alteration of goods.
  • Brand: Any clothing brand that is affiliated with MBOSS.US for the Take Back and Resale service and Clothing Repair and Alteration Service.

II. Terms and Conditions

Article 1 - Formation and Conclusion of Contract

(i) Quotations and price offers will always be without obligation and may be subject to cancellation or modification at any time.

(ii) By placing an order online at MBOSS.US, you declare that you are purchasing exclusively for private purposes (§ 13 BGB). Your contractual partner is MBOSS.US.

(iii) For orders placed online at MBOSS.US, we enter into contracts in either German or English. You can choose your preferred language by using the language selector in the header or footer of the website (or on the mobile app. § 305 Sec. 2 BGB).

(iv) When you order services and or products on our site your contract is with MBOSS.US e.K., Wilhelminenstr. 20, 54283 Darmstadt. Depending on the product you select, you may have a contract solely with MBOSS.US and/ or a respective partner (joint seller). Information on the respective contractual relationship is displayed on each product details page (§ 433 BGB).

(v) The contract shall take effect when you click on the purchase button and receive the order confirmation. According to German law, the initiation of contractual relationships and preparatory business communications establishes (pre-contractual) rights and obligations for the contracting parties (§§ 311 Sec. 2 and 241 Sec. 2 BGB).

(vi) By clicking on "Buy now," you are placing a binding order for the items in your shopping cart (§ 145 BGB). Once you have submitted your order, we will immediately send you an email confirmation of your order (§ 312i Sec. 1 BGB). A binding contract is formed when you receive the order confirmation from us (§ 147 BGB).

(vii) You consent to the assignment of our claims for payment of the purchase price to third parties, in particular to our Payment Service Provider (§ 398 BGB).

(viii) Please note that, by way of exception, we are under no obligation to deliver your order if our suppliers fail to deliver stock correctly or on time, despite us having followed proper ordering practice at our end (matching purchase transaction - kongruentes Deckungsgeschäft) (§ 275 BGB). For this exception to apply, we must not be legally responsible for the merchandise being unavailable, and we must have notified you of the situation without undue delay (§ 276 BGB). In addition, we must not have assumed a procurement risk in relation to the ordered merchandise (§ 276 BGB). If merchandise is unavailable, we will refund any payments made by you without undue delay (§ 346 BGB).

(ix) We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk) (§ 276 BGB). This applies also to orders for generic goods (where only the type and features of the goods are described). We are obliged only to make deliveries from our available stock and from the stock we have ordered from our suppliers (§ 243 BGB). Our stock includes the relevant partner's stock where partner merchandise is ordered. We ship orders worldwide. We are particularly popular with customers in the United Kingdom, USA, Italia, France, Japan, España, Australia, Canada, Ireland, New Zealand, Sverige, NetherlandsTo guarantee fast and secure delivery, we work with well-known delivery services like DHL and FedEx. All deliveries include tracking and reach 94% of our customers within 2 to 4 days. You can find more information about shipping here.

Where time periods are expressed in working days, we understand working days to mean all of the days between Monday and Friday inclusive, but not public holidays (§ 193 BGB).

(x) We inform you about the delivery time on each product detail page as well as before you place an order (§ 312d Sec. 1 BGB).

(x) We reserve the right to refuse or not to accept an order or to cancel the order if the order is being placed by the use of software, robot, crawler, spider, or any automated system or scripted behavior and any use of third-party services used to place an order on your behalf (§ 241 Sec. 2 BGB).

Article 2 - Prices and Payment

Agreed prices are inclusive of VAT and other governmental levies.

Please note that items ordered by advanced payment (reserved) will be dispatched as soon as we receive payment of the full purchase price and any shipping costs. 

We, therefore, ask you to transfer the purchase price immediately after receiving the order confirmation, but at least within 7 days (§ 271 BGB). In the event of late payment, the Customer will be in default by operation of law and will be required to pay statutory interest with effect as from the invoice date. The Customer shall pay all judicial and extrajudicial costs that MBOSS.US may incur due to the fact that the Customer fails to fulfil its obligations properly and on time. The Customer has no right of suspension of any of its payment obligations.

MBOSS.US reserves the right to change its prices periodically. If MBOSS.US raises the agreed price within three months after the date on which the Agreement was concluded, the Customer has the right to terminate the Agreement. The Customer may pay for the Agreement through the e-commerce payment system provided on the website. 

We offer various payment options, including advance payment, pay later or slice it with Klarna, giropay, credit card, crypto, and PayPal. The available payment methods at the time of your order may vary, and you will be informed of the specific payment methods offered before placing your order.

According to German law, specifically the German Civil Code (Bürgerliches Gesetzbuch - BGB) and the Payment Services Directive (PSD2), we are required to provide at least one widely available and reasonable payment method at no additional cost to the consumer (§ 312a Sec. 4 BGB). This ensures that you have a convenient and cost-effective way to complete your purchase.

Article 3 - Handling of Prices, Shipping Costs, and Delivery Conditions

Prices indicated at the time of the order are final prices and include the applicable VAT. Shipping costs vary depending on the size of the order and the delivery option. Please add the desired items to the shopping cart to see the exact price. Specific shipping methods, such as express delivery, are specified in the order. Additional shipping costs may be incurred for orders below the minimum order value. For larger packages or express shipping, we may contact you before shipping, and additional shipping costs may apply. You will be informed of the amount before placing the order and will receive further information on this in the detailed general terms and conditions. You can quickly and easily pay these additional costs via a separate link that we will send you, ensuring the safe and fast delivery of your package. According to German law, the presentation of shipping costs must comply with the Price Indication Ordinance (Preisangabenverordnung - PAngV) (§ 1 PAngV).

According to German law, specifically the German Civil Code (Bürgerliches Gesetzbuch - BGB), we are required to provide clear and comprehensive information about prices, shipping costs, and delivery conditions (§ 312d Sec. 1 BGB and article 246a § 1 Sec. 1 EGBGB). This ensures transparency and fairness in our transactions with you.

Article 4 - Obligations of the Customer

The Customer has a duty to cooperate with MBOSS.US and to ensure the timely supply of any information, which is or may be necessary for the execution of the Agreement. The Customer is responsible for ensuring that any information supplied is accurate, complete, and reliable (also if this information has been provided by or through another party). MBOSS.US may at all times legitimately rely on the information provided by the Customer.

Article 5 - Delivery Times

After the item is produced and checked by our quality control, it is then shipped. Please note that the delivery time must be added to the production time. Most items in our vast collection can be produced in just 1 to 3 days. A more precise production time for a specific item can be found on the item’s page. Our manufacturer indicates that delivery times directly to our customers are generally 2-4 business days. For orders of large or bulky products, the delivery time may extend to 4-5 business days. When ordering multiple products, regardless of size, a delivery time of at least 3 business days should be expected. With production time and shipping period combined, we can have your products ready in as little as 3 days. On average, we deliver your items to your customer in 4 to 5 days. Delivery to remote areas may take a bit longer. Once your shipment leaves our facility, you will receive an email with a tracking number, allowing you to track your package. We ship with DHL, FedEx.

If your package is shipped after 6 PM, it will generally be picked up by the carrier the following morning. In this case, we cannot make any changes to the delivery address. For express shipping, the next business day is considered the first day of delivery (§§ 312d Sec. 1 s. 1 BGB and article 246a § 1 Sec. 1 s. 1 no. 7 EGBGB).

According to §§ 407 to 450 of the German Commercial Code (Handelsgesetzbuch - HGB), the contract of carriage obliges the carrier to transport the goods to their destination and deliver them to the consignee. The sender is obliged to pay the agreed freight. The customer (consignee) is responsible for ensuring that the delivery address provided is accurate and accessible. Any additional costs incurred due to incorrect or inaccessible delivery addresses will be the responsibility of the customer.       

Furthermore, the customer must inspect the goods upon delivery and report any damages or discrepancies immediately. Failure to do so may result in the loss of any claims for damages. The customer is also liable for any loss or damage to the goods from the time they are handed over to the carrier until they are delivered to the customer, unless the loss or damage is due to the carrier's negligence.

In case of any issues with the delivery, please contact our customer service with your order number, and we will do our best to resolve the matter promptly.

Article 6 - Delivery of Goods, Performance of Services

  • MBOSS.US may make partial deliveries and issue partial invoices.
  • Delivery and pick-up terms and times quoted or agreed are not final deadlines.
  • If the Clothing Repair and Alteration Service takes longer than specified, the Customer will be notified.
  • MBOSS.US undertakes to execute the Agreement to the best of its ability, observing the Customer’s legitimate interests, but does not guarantee any specific result.
  • If the Customer fails to accept delivery or timely delivery of goods, all related costs will be borne by the Customer. The risk passes to the Customer when MBOSS.US offers the goods for delivery.

Deliveries are made from Monday to Friday; Saturday delivery is not available in all areas and depends on your local courier. Please note that we have no control over the exact delivery times, as these are the responsibility of the courier. You can track the status of your shipment using the tracking information provided. If you urgently need an order by a specific time, please contact us with your order number, and we will do our best to ensure your product arrives by the desired date. However, due to various delivery and production conditions, we cannot guarantee this.

According to German law, online retailers must provide clear and comprehensive information about delivery arrangements, including the time by which the trader undertakes to deliver the goods (§§ 312d Sec. 1 s. 1 BGB and article 246a § 1 Sec. 1 s. 1 no. 7 EGBGB).

Article 7 - Delivery Address

A signature is required for every delivery. Therefore, the delivery address should be chosen so that your shipment can definitely be received. A different delivery address can, of course, be added during the ordering process. Please note: A Packstation as a delivery address is not accepted.

According to §§ 407 to 450 of the German Commercial Code (Handelsgesetzbuch - HGB), the customer (consignee) is responsible for ensuring that the delivery address provided is accurate and accessible. Any additional costs incurred due to incorrect or inaccessible delivery addresses will be the responsibility of the customer.

Article 8 - International Shipping

We deliver worldwide, and the corresponding shipping costs vary depending on the destination country and the size of the order. You can find the exact price in the shopping cart after entering all address details.   

Article 9 - Shipping Costs Overview

Region Germany EU Rest of Europe

Australia/ Japan

North America Rest of the World
Normal €9.95 €14.99 €16.99 €28.00 €21.00 €28.00
Letter €7.99 €13.00 €17.00 €18.00 €16.00 €18.00
Small €8.99 €14.99 €15.99 €22.00 €19.00 €22.00
Bulky €16.99 €19.99 €24.99 €35.00 €35.00 €35.00
Free €0.00 €0.00 €0.00 €0.00 €0.00 €0.00
Huge €29.50 €39.00 €59.00 €74.00 €74.00 €74.00
Int. Letter €7.99 €13.00 €17.00 €18.00 €16.00 €18.00
  • All shipping methods come with tracking.
  • Additional costs may apply for remote areas.

Article 10 - Retention of Title in Resale

MBOSS.US retains title to all goods delivered until the Customer has fully paid all amounts due, including interest and expenses.

Article 11 - Customs Duties / Import Taxes

The Customer must inspect goods immediately after delivery and verify satisfactory service.

Complaints regarding incorrect or incomplete orders must be submitted in writing within eight (8) days for services and within two (2) months for goods.

Your orders can be shipped worldwide with tracking. We cover the customs duties for most countries. Please contact us via web chat for more information. If you wish to ship your order to a country outside of Germany, please check if it is on the following list of our manufacturer:

Please note that for deliveries to some countries outside the EU, additional taxes may be incurred that are beyond our control. These may include non-refundable taxes or handling fees and others. We generally recommend that you inform yourself about the respective import duties in advance.

Article 12 - Using Vouchers, Discounts & Offers

We are constantly looking for ways to make our customers happy and help you save money. We not only continuously expand our selection of items but also the range of offers that allow you to get more for less. Many of our products are available with great bulk discounts.  

Please note that each offer or discount is subject to specific terms and conditions, which we have listed or linked on this page. According to German law, particularly the German Civil Code (Bürgerliches Gesetzbuch - BGB), the terms and conditions of discounts and offers must be clearly communicated to the consumer (§ 312d Sec. 1 BGB and article 246a § 1 Sec. 1 EGBGB). This ensures transparency and fairness in the use of discounts and offers. This way, you not only save but also stay informed about all other important details. 

Please note that discounts and offers CANNOT be applied after an order has been completed. Discount codes must be entered in the shopping cart to automatically receive the discount. If you forget to enter your discount code when placing your order, we cannot apply the discount afterward. Promotional vouchers issued as part of advertising campaigns or gift vouchers purchased can be redeemed during the order process.

Article 13 - Salvation Clause

If any provision of these named rules is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

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MBOSS.US - CONTACTING US VIA CONTACT FORM, EMAIL AND TELEPHONE


1.1 Description and scope of data processing

1.1.1 Communication by Contact Form

This contact form is available on our website which can be used for electronic contact. The data you enter in the input form is transmitted to us and processed.

Mandatory fields:

  • First and last name
  • Email address

You may optionally provide:

  • Content of the message
  • Address
  • Telephone number
  • Fax number
  • Company

For processing the data, you will be referred to this Data Protection Notice in the context of the sending process.

1.1.2 Communication by Email

Alternatively, you have the option to contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

  • Email address
  • Content of the message
  • Signature if required with
    • First and last name
    • Address
    • Telephone number
    • Company
  • Appendix

At the time the message is sent or received, the following data is also stored in a log file:

  • The date and time when it was sent
  • Quantity of data transmitted
  • User’s e-mail system
  • Encryption strength of the transport
  • SPAM filter analysis (if necessary also of the sending system)
  • Message ID of the sending system
  • Reply email address

Please note: Communication by email can have security loopholes despite transport encryption. For example, emails may be stopped and viewed by unauthorised persons during online transmission. If we receive an email from you, we assume that we are entitled to answer you by email. Otherwise we must explicitly refer you to another means of communication.

No data will be passed on to third parties in any form of contact. The data is used exclusively to process your enquiry.

1.1.3 Contacting us by Telephone

Our website contains telephone numbers that can be used to contact us by telephone. Depending on the type of enquiry, the information exchanged is transferred to our contact database.

  • First name and surname of contact person
  • – Company name
  • – Email address
  • – Telephone number
  • – Content of the enquiry
  • – Time of the conversation
  • – Further information if necessary

1.2 Legal basis for data processing

The legal basis for the processing of data that is transmitted when sending a “general enquiry” or an email is Article 6 Sec. 1 f) GDPR. If pre-contractual measures or the conclusion of a contract are the reason for the establishment of contact with the data subject, the legal basis for this is Article 6 Sec. 1 b) GDPR.

1.3 Purpose of data processing

The processing of the personal data transmitted solely in order to process your enquiry. This also constitutes the required legitimate interest in the processing of the data.

The other personal data processed during submission (contact form/email) is used to prevent misuse of the contact form and ensure the security of our IT systems.

1.4 Duration of storage

The data entered in the contact form is deleted, depending on the purpose, i.e. when the respective conversation with the user has ended and the deletion is not prevented by a potentially re-establishment of contact or legal considerations (retention periods, traceability) prevent this.

1.5 Right to object and right to rectification

The user has the possibility of withdrawing his or her consent to the processing and storage of his or her personal data at any time. All personal data stored in the course of establishing contact will be deleted in this case, unless legal consideration (retention periods, traceability) prevents this.

In case of deletion, the conversation cannot be continued.