B2B Terms and Conditions of Sale

Effective Date: 4/09/2025

1. Definitions
In these Terms and Conditions (“Conditions”), the following terms have the meanings set out below:
- “Seller”: MOM'S CRAZY SHOP, a business operating the online shop at www.momscrazy.shop, with a principal office at Lange Str. 14, 29451 Dannenberg / GERMANY.
- “Buyer”: The business entity purchasing Goods from the Seller.
- “Goods”: The physical items listed for sale on the Website.
- “Contract”: A binding agreement formed upon acceptance of an Order, governed by these Conditions.
- “Order”: A purchase request for Goods, submitted via the Website or in writing.
- “Website”: www.momscrazy.shop

2. Application and Acceptance
2.1 These Conditions govern all B2B sales made by the Seller to Buyers located in the European Union, the United States, and internationally.
2.2 By placing an Order, the Buyer accepts these Conditions in full.
2.3 Conflicting or additional terms provided by the Buyer (e.g., in purchase orders or procurement portals) shall not apply unless explicitly accepted in writing by the Seller.
2.4 These Conditions apply to the exclusion of all others, unless otherwise agreed in a separate, signed contract.

3. Products and Availability
3.1 All Goods are subject to availability. Product descriptions and specifications are subject to change without notice.
3.2 The Seller reserves the right to discontinue any Goods at any time without liability.

4. Prices and Payment Terms
4.1 All prices are stated in USD (or EUR where applicable) and are exclusive of VAT, local taxes, customs duties, and shipping costs unless otherwise stated.
4.2 Prices are subject to change at any time, but confirmed Orders will not be affected.
4.3 Payment is due in full in advance of shipment.
4.4 The Seller accepts payment by bank transfer, credit card, and other secure methods listed on the Website.
4.5 The Buyer is responsible for any bank fees, wire transfer charges, or currency conversion costs.
4.6 Failure to pay may result in order cancellation or delayed shipment.

5. Delivery and Risk
5.1 Delivery terms are Ex Works (EXW) Seller’s location (Incoterms 2020), unless otherwise agreed in writing.
5.2 Risk in the Goods passes to the Buyer upon dispatch from the Seller’s warehouse.
5.3 Title to Goods passes only after full payment is received by the Seller.
5.4 Delivery times are estimates only. The Seller is not liable for delays due to customs clearance, logistics issues, or force majeure events.

6. Inspection, Claims & Returns
6.1 The Buyer must inspect Goods immediately upon delivery.
6.2 Claims for shortages, damage, or incorrect shipments must be submitted in writing within 5 business days of receipt.
6.3 The Seller may, at its sole discretion, authorize returns for non-defective Goods subject to a restocking fee.
6.4 No returns will be accepted without prior written authorization (RMA).
6.5 Returned Goods must be in unused condition and in original packaging.

7. Warranty
7.1 The Seller warrants that the Goods will materially conform to the agreed specifications at the time of delivery.
7.2 The Seller makes no other warranties, express or implied, including but not limited to fitness for a particular purpose, unless explicitly agreed in writing.
7.3 The Buyer’s exclusive remedy for breach of warranty is, at the Seller’s option, repair, replacement, or refund of the defective Goods.

8. Limitation of Liability
8.1 The Seller is not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, or business opportunity.
8.2 The Seller’s total liability under any Contract shall not exceed the total amount paid by the Buyer for the Goods giving rise to the claim.

9. Compliance and Import Regulations
9.1 The Buyer shall ensure that any import, resale, or use of the Goods complies with all applicable local laws and regulations, including customs and labeling laws.
9.2 The Buyer shall obtain all necessary permits, licenses, and clearances for import into the destination country.
9.3 The Buyer agrees not to resell the Goods into any embargoed or restricted countries in violation of EU, U.S., or UN sanctions.

10. Anti-bribery and Export Controls
10.1 Each party agrees to comply with all applicable anti-bribery, anti-corruption, and export control laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the EU’s Anti-Corruption Conventions.
10.2 The Buyer agrees not to use the Goods for any military, nuclear, or prohibited purposes.

11. Data Protection
11.1 The Seller collects and processes personal data of business contacts in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and, where applicable, the California Consumer Privacy Act (CCPA).
11.2 The full privacy policy is available at: https://www.momscrazy.shop/privacy-policy.

12. Force Majeure
12.1 The Seller shall not be liable for any failure to perform or delays caused by circumstances beyond its reasonable control, including natural disasters, transportation disruptions, labor disputes, pandemics, or government actions.

13. Governing Law and Jurisdiction
13.1 If the Buyer is located in the European Union, this Contract is governed by the laws of Germany, and the parties agree to submit to the exclusive jurisdiction of the courts in Hamburg, Germany.
13.2 If the Buyer is located in the United States, this Contract is governed by the laws of the State of New York, without regard to conflict of law principles, and the parties agree to submit to the exclusive jurisdiction of the courts in New York County, NY.
13.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

14. Miscellaneous
14.1 No amendment or waiver of these Conditions shall be valid unless in writing and signed by an authorized representative of the Seller.
14.2 If any provision of these Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 The Buyer may not assign or transfer its rights or obligations without the prior written consent of the Seller.

For questions or clarification, please contact us at: Contact & Service Form.