Conditions of Use

General Terms and Conditions

1. Applicability of the Terms and Conditions:
a. All business relationships between:

MOSANI Ltd.
Gundelsheimerstrasse 48
96119 Memmelsdorf / Lichteneiche
Germany

Represented by the Managing Director:
Frank Nitsche

Registration:
Entry in the Commercial Register
Court of Registration: Bamberg
Registration Number: HRB 9604

VAT ID:
Value-Added Tax Identification Number pursuant to Section 27a of the German Value-Added Tax Act: DE324884185

Contact:
Phone: 49 (0) 951-4082251
Email: info@mosani.de

Person Responsible for Content pursuant to § 55(2) RStV:
Any legal relationships that arise between Mosani GmbH and its customers in connection with the services offered at Mosani GmbH shall be governed by the following General Terms and Conditions (GTC), unless otherwise agreed upon in individual contracts.
b. Where the term “Seller” is used below, it always refers to Mosani GmbH. The term “Buyer” refers to a customer (consumer or business) who purchases one or more products from the Seller.

2. Sample Shipments
Mosani GmbH offers the option to review products using samples. Please send your request, including the shipping address, to: info@mosani.de - Samples can also be ordered directly through our online store. Mosaic samples are shipped in a size of approximately 6x10 cm and cannot be exchanged or returned.

Important:
Due to the large number of sample shipments and batch-related changes made by suppliers, we can never guarantee that the delivered goods will match the sample that was sent.

3. Material Properties, Mosaic Tile Size, Packaging Unit

a. The color of the mosaic tiles is never completely uniform or homogeneous. The color pattern depends on the batch and the firing process. Depending on the product and your monitor settings, the colors may differ significantly from the image you see on your screen. This may be due to the batch, the monitor, or the photograph. Natural stone in particular may contain discolouration depending on the batch. Brown streaks, discolouration, or spots are natural characteristics of the material. For example, metal particles may turn brown. These are particularly visible on white or light-coloured natural stone and are a natural part of the material.

b. Each mosaic has different properties depending on the material it is made of and the light it is exposed to. Only the base color(s) for each item will be specified. For example, glass mosaics in white or black may also shimmer in purple, green, or another color. Depending on the material, other color reflections may appear in addition to the specified base color—reflections that we, of course, cannot include in our listing. This also depends on the viewer’s perspective. One customer might see a purple tint in white glass, another might perceive it as green, and yet another might see only white. Therefore, please always order a sample in advance to inspect the product.

c. Any chipping at corners and edges (so-called “edge chipping”) fingernail-width scratches on the surface, as well as irregularities (unevenness) in the shape, size, and surface area of individual tiles are natural characteristics of the product and do not constitute a defect. Depending on the mosaic tile format, there are between 100 and 1,000 mosaic tiles per square meter. It is absolutely impossible to deliver every tile free of defects. Each sheet must be inspected from the front and back for defective tiles or foreign objects before installation. Defective tiles are removed from the sheet. The sheet is then installed, and a new tile from the offcuts is inserted into the empty space.

d. Up to 5% of broken, scratched, or defective tiles per mosaic mat is standard and cannot be considered a defect. If this point is unclear, we generally recommend that you refrain from using mosaic tiles. This is because even after the material has been installed and grouted, a tile may shift due to tension or may simply have been overlooked during installation. This is not a hidden defect, but a natural characteristic inherent to mosaic tiles if you choose to have them.

e. Each tile is unique. No two tiles are 100% identical. This affects the grout pattern and the individual spacing between the tiles. Any resulting irregularities in the grout pattern are therefore normal and intentional. With transparent mosaics and the possible rear mesh bonding here, slight show-through of the mesh cannot be ruled out due to the characteristic properties of various stones. For white mosaics and tiles, the use of white grout is not recommended. In rare cases, visual color variations may occur that give the appearance of different batches, crooked joints, or improper installation. The exact causes of this phenomenon "with white mosaics and tiles" in combination with "white grout" are not clearly known; factors such as the type and direction of the incident light (natural or artificial) as well as the viewing angle may contribute to it. We assume no liability for visual deviations resulting from the use of white grout material with white mosaic elements.

f. The mat/joint dimension is an “approx.” value and varies depending on the batch, the gauge on the back, and the installation technique. Please note that the gauge (the mesh on the back) of the backing relaxes when installed in mortar, and depending on the gauge, the mat can relax and be pulled by up to 10%. There are mats that actually contract and only relax in the adhesive.

g. Size Information:
The size specifications listed on the product page for tiles, mosaics, and mats are always “approximate values.” Tolerances may apply depending on the batch and manufacturing process. Depending on the batch, there may be a difference of up to 3% in the size specifications for mosaic tiles, tiles, or mesh size.

h) For glass mosaics or mosaics with a front or back film coating (e.g., PU film, PET film, or comparable carrier materials), it is mandatory to use a suitable reactive resin adhesive (e.g., epoxy resin adhesive). Substrates, leveling compounds, or molded parts must not contain any cementitious materials. Cementitious materials can react chemically with the backing film and moisture, causing permanent damage to the mosaic’s surface (e.g., cloudiness, milky appearance). Only completely cement-free, epoxy-compatible systems guarantee a permanently clear appearance and secure adhesion. Mosani GmbH assumes no liability for damage resulting from improper installation or the use of an incorrect adhesive.

i) Before installation, please inspect the quality and the mosaic for color / dimensional deviations, discoloration, and damage. Before each step of the work, follow the manufacturer’s instructions for use and test compatibility on a test area beforehand. Installed goods are excluded from complaints. Detailed installation / care instructions for your product are available online at www.mosaikinfo.de; this information is also included with every shipment.

Lay out samples: To ensure that the tiles or mosaic tiles meet your expectations in terms of color, pattern, and texture, lay out the entire quantity of the product to be installed on the floor or wall. This allows you to visually assess the final result.

Dry layout (installation test):
A dry layout must be carried out before final installation. It serves to inspect the products with regard to arrangement, alignment, color tone, structure, and possible pattern interruptions. This measure is particularly essential for natural stone, as its natural characteristics may result in batch-related variations. In principle, however, this applies to all products in our range.

If any deviations are detected during the dry layout (e.g., color differences, dimensional deviations, or other defects), the material must not be installed. The installer is obligated to inspect the goods accordingly before installation. Installation despite visible defects excludes any warranty claims.

In addition, the dry layout also serves to prevent the processing of incorrectly delivered goods.

j) The product images used in the online store are for illustrative purposes only. Due to batch-related variations, changes in the manufacturing process, and adjustments made by our suppliers, the actual appearance of the delivered goods may differ from older product images. This applies in particular to the arrangement, layout, number, and positioning of the individual mosaic tiles on a mat, as well as to joint widths and joint patterns. The product characteristics expressly stated in the respective product description—in particular, material, tile size, and mat dimensions—are decisive for the nature of the ordered item. A specific number of individual mosaic tiles per mat is considered agreed upon only if this is explicitly stated as a product characteristic in the product description. Deviations in a product image regarding the number or arrangement of the individual mosaic tiles therefore do not in and of themselves constitute a deviation from the agreed-upon quality, provided that the explicitly specified product characteristics of the ordered item are met. The buyer’s statutory warranty rights remain unaffected by this.
 
4. Conclusion of a Contract in the Online Store:
a. The contract may be concluded exclusively in German.
b. Mosani GmbH offers the products without obligation via its online store.
The customer may select one or more products and add them to the shopping cart by clicking the “Order” button.
The complete shopping list with the corresponding prices is displayed there. The customer can then continue shopping for additional products or modify the order. If the customer wishes to place an order at Mosani GmbH, they must first click the “Buy” button. Please then enter your shipping address. For any inquiries, we ask that you provide a phone number – this information is optional.
d. The contract is concluded when Mosani GmbH accepts the customer’s order. This typically occurs via email or is confirmed by ebay.

5. Conclusion of Contract by Fax or Telephone
a. For orders placed by fax, the provisions set forth in Section 4 apply accordingly, subject to the following modifications: Receipt by fax is equivalent to the transmission of the electronic shopping cart. The Terms and Conditions are attached to the declaration of acceptance referred to in Section 4 d.
b. For orders placed by phone, the provisions set forth in Section 4 apply accordingly, subject to the following modifications: The information provided verbally by the customer is binding and becomes part of the contract upon confirmation by Mosani GmbH under Section 4d.
These Terms and Conditions also apply to orders placed by telephone and are brought to the customer’s attention (notice of link in the online shop or reading aloud over the phone). Mosani GmbH may also include them with the declaration of acceptance referred to in Section 4 d.
c. In all cases, the German language is the sole language available for the conclusion of the contract.


6. Purchase Price, Shipping Costs, Due Date, Payment Method:
a. The purchase price already includes the statutory value-added tax. If the buyer incurs any additional costs (e.g., customs duties for international shipments), these will be listed separately; shipping costs are borne by the buyer, unless otherwise agreed upon by the parties. A detailed overview of shipping costs, broken down by country and shipment weight, is available via the “plus shipping costs” link during the ordering process.

b. Unless otherwise agreed between the parties (e.g., pickup), the buyer is obligated to pay in advance, and the purchase price is due no later than 7 days after the confirmation email is received in the buyer’s email inbox. If the buyer fails to pay by the due date, the buyer is in default if the buyer received an invoice or equivalent payment statement along with the confirmation email and was informed of the consequences of late payment. However, default does not occur if the buyer is not obligated to perform or is not at fault for the non-acceptance of the service or the failure to pay the purchase price. The statutory provisions apply with regard to the consequences of default.
c. Mosani GmbH offers the options of prepayment and Paypal for payment. In-person pickup is not available.

7. Delivery, Transfer of Risk, Place of Performance:
a. Goods are always delivered by shipping them to the address provided by the customer.
b. Risk passes to the customer only upon delivery of the item to the customer.
c. The place of performance is the customer’s place of residence or, if applicable, their separate place of business.
d.For the event that the goods are unavailable for a significant period of time or there are database errors (product descriptions, prices), we cannot fulfill the order and reserve the right to withdraw. In this case, we will inform you immediately and refund any payments already received without delay.
e) The goods must be stored in a dry place immediately upon receipt until they are processed, even if they are labeled for outdoor use, wet areas, or areas subject to constant moisture.


8. Damage During Shipping
In the event of damage during shipping, please notify Mosani GmbH immediately. You will receive a replacement as soon as possible at the provider’s expense. If you prefer a different arrangement (e.g., cancellation because a replacement is not desirable for you due to time constraints, or a price reduction if the goods are only slightly damaged), please contact us.

9. Material Defects:
With regard to material defects (warranty, time limits, assertion of claims, etc.), the statutory provisions apply.

10. Copyright, CLAIM FOR DAMAGES & your own mosaic images:

a. The photographs used on the Mosani GmbH website are protected by copyright under § 72 of the German Copyright Act. Any violation may be subject to civil and criminal prosecution and, pursuant to §§ 97, 98 of the German Copyright Act, may give rise to claims for injunctive relief, damages, and destruction by Mosani GmbH. A sum of 500.00 euros is asserted as damages for unauthorized reproduction, PROVIDED THAT IN INDIVIDUAL CASES A LOWER AMOUNT OF DAMAGES IS NOT APPROPRIATE. THIS ALSO APPLIES ACCORDINGLY TO OTHER WORKS OR SERVICES PROTECTED BY COPYRIGHT OR COMPETITION LAW THAT THE CUSTOMER RECEIVES FROM MOSANI GmbH AS PART OF THE PERFORMANCE OF THE CONTRACT.
b. If you submit your own images or designs to Mosani GmbH as templates for the creation of a mosaic (section “Your Own Mosaic Images”), the mosaic may only be intended for the private use of a natural person. Any commercial use (for direct or indirect profit) is expressly prohibited. You warrant in all cases that you are authorized to reproduce any template you submit. The submission of unlawful templates to Mosani GmbH will be subject to civil and criminal prosecution!

11. Final Provisions, Jurisdiction, and Governing Law:
a. German law applies.
b. The place of jurisdiction is determined by statutory provisions.
c. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
d. Please refer to our online offer and the information sheet included with the shipment for details regarding the right of withdrawal.
End of the Terms and Conditions
MOSANI Ltd