Terms and Conditions
Terms and Conditions
A. CONTRACTUAL PRINCIPLES
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a supplier (Modeka International GmbH) via the website www.modeka24.de. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
2. Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activities. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods.
(2) The representation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue.
(3) The contract shall be concluded through the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping cart". Use the corresponding button in the navigation bar to call up the "Shopping Cart" and make changes at any time.
After entering the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use a direct debit system (eg PayPal /Creditcard), you will either be directed to the order overview page in our online shop or you will be sent to the website of the supplier of the Instant number system.
If you are forwarded to the respective immediate number system, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the possibility to check, change (also via the function "back" of the internet browser) or cancel the purchase.
By clicking the button "Send order binding" you make a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made immediately after sending by an automated e-mail. A purchase contract comes however only with the delivery of the ordered goods.
(4) Processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Special arrangements for the types of payment offered
(1) Creditworthiness test
We reserve the right to refuse the payment method on account or direct debit and, if necessary, Payment.
§ 4 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall also apply:
A) We reserve the right to ownership of the goods up to the complete settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
B) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. They are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
C) In case of connection and mixing of the reserved goods, we shall acquire joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
D) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. The choice of collateral to be released is up to us.
§ 5 Warranty
(1) The statutory right of non-liability exists.
(2) If you are an entrepreneur, the following applies mutatis mutandis to paragraph 1:
A) The quality of the goods is subject only to our own data and the product description of the manufacturer as agreed, but not to any other advertising, public promises and statements by the manufacturer.
B) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in text form (e-mail for example). This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
C) In the event of defects, we shall, at our discretion, make a warranty by repair or replacement delivery. If the defect clearance fails, you can demand a reduction of your choice or withdraw from the contract. The defect removal shall be deemed to have failed if the second attempt has been unsuccessful, if the nature of the defect or the other circumstances does not lead to a different conclusion. In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
D) The warranty period is one year from delivery of the goods. The shorter warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 6 Liability
(1) We exclude the liability for slightly negligent breaches of duty, insofar as these do not affect any essential duties, damages from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include, in particular, the obligation to hand over the goods to you and to provide you with the property. Furthermore we have the matter free of material and legal deficiencies to procure.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose infringement would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(5) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We are not responsible for the continuous or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of fulfillment, court of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).
(2) The place of fulfillment for all services arising from the business relations and court of jurisdiction with which we are based is our registered office, insofar as you are not a consumer, but a merchant, a legal person of public law or a public special fund. The same applies if you do not have a general court of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The power to also bring the court to another legal court remains unaffected.
(3) The provisions of the UN purchase law are not expressly applicable.
II. Customer information
1. Identity of the seller
Modeka International GmbH
Ahlener Str. 74-76
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information about the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before submitting the order via the online shopping basket system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Main characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You can call up a corresponding button on our website or in the respective offer, will be indicated separately in the course of the ordering process and are to be borne by you in addition, as far as not the delivery-free delivery is announced.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective offer.
5.4. Unless stated otherwise in the individual methods of payment, the payment claims arising from the concluded contract shall be payable immediately.
6. Delivery conditions and shipping
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.
6.2. As far as you are a consumer is legally regulated that the risk of the accidental loss and accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the entrepreneur, or a person appointed otherwise to carry out the shipment.
If you are an entrepreneur, delivery and dispatch will be at your own risk.
If you are a consumer, shipping within Germany is free of charge, if the invoice amount is more than 40,00 €.
The dispatch abroad is always calculated, irrespective of the value of the goods ordered. The exact costs can be seen in the purchase process when ordering before purchase.
The delivery is carried out by a qualified delivery service. Currently, this is DHL. For economic reasons, we reserve the right to change the delivery service.
If you are an entrepreneur, you can see the shipping costs in the category shop / shipping costs.
6.4 If you are a consumer, we (the seller) bear the costs of returning the goods within Germany if the value of the delivered goods exceeds EUR 40. You (the buyer) have to pay the costs of the return if the delivered product corresponds to the ordered and if the price of the returned item does not exceed an amount of 40 euros.
The costs for returns from abroad are fundamentally borne by the buyer regardless of the value of the goods.
If you are an entrepreneur, you are always responsible for the shipping costs of the return shipment, if defect-free goods have been delivered and no other agreement exists. Please note that we do not accept returns of goods without prior consultation. Unfree packages are not accepted in principle.
7. Statutory right of deficiency
7.1. The defect liability for our goods is subject to the "Warranty" regulation in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as soon as possible to the freight forwarder. Failure to do so will have no effect on your statutory warranty claims.
As a service provider, we are responsible for the "own content" of our shop. Links to "third-party content" (Internet pages of other providers) are dynamic references. We have checked the contents of such sites for any initial linkages, as a result of whether a possible civil or criminal liability is triggered by them. Continuous monitoring of linked content is not possible. If, however, or if there are indications that a linked offer triggers a civil or criminal liability, the link to such a site is immediately lifted.
9. Environmental protection
The packaging materials used by us carry the green point and are thus subject to a system of comprehensive disposal. You can dispose of the packaging in your paper bin or in a paper collecting container near you. If you receive packaging material without a green dot, you can return it free of charge to:
Modeka International GmbH
Ahlener Str. 74-76
10. Severance clause
Should individual clauses of these terms and conditions of contract or any individual agreements concluded in whole or in part be invalid, this shall not affect the validity of the remaining clauses. The ineffective clause is replaced by another which is closest to the economic purpose of the ineffective regulation and which is in turn effective.