General terms and conditions
§ 1 Scope and general information
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of MODALO GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online store. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is objected to.
(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Registration number HRB 105366
Register Court Hamburg Local Court
(2) The essential characteristics of the goods result from the respective product description posted by the seller.
(3) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of the order by e-mail. The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether it accepts the order. The ordering process in the Seller's online store (www.modalo-shop.cm) works as follows:
(4) The Customer may select products from the Seller's assortment and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking on the button "Shopping cart" the customer gets an overview of the selected products. By clicking on the button "Order subject to payment", the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and the entered data at any time by using the browser functions "Back" and "Next" shown as arrow keys. The order can only be placed and transmitted if the customer accepts these contractual conditions by checking the box "I have read the terms and conditions of your store and agree to their validity" and thereby places the order. The customer receives an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The contract is only concluded when the seller either expressly accepts the order or actually complies with the order by sending the goods.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract shall be the goods and services specified by the customer within the scope of the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes there are reserved, especially with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online store. Images on the website may only inaccurately reflect the products; colors in particular may differ significantly for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described herein do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller shall refrain from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company shall take place no later than two days after receipt of money, in case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery is only made to the countries approved in the online store.
(3) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The shipping costs are waived for shipping within Germany. The customer receives an invoice with VAT.
(4) In the case of shipment to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which will not be paid via us or invoiced by us, but must be paid by you directly to the relevant customs or tax authorities. For details, please contact the respective competent authorities.
§ 5 Payment
Payment is made in advance (PayPal, bank transfer) or by instant bank transfer.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to immediately complain about these defects to the delivery agent and to contact the seller as soon as possible.
(2) Failure to make a claim or to contact the Seller shall have no consequences for the Customer's statutory warranty rights, but shall help the Seller to be able to assert its own claims against the carrier or the transport insurance.
§ 7 Warranty for material defects
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.
(4) Entrepreneurs must report obvious material defects within 14 days.
§ 8 Retention of title
Until full payment, the delivered goods remain the property of the seller.
§ 9 Liability
The statutory regulations apply.
§ 10 Contract text
The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the GTC will be sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contractual language is German.
(2) Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.
(end of the GTC)
Status of the GTC May 2019