A. Contractual basis
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 that you conclude with us as the provider (Modeka International GmbH) via the www.modeka24.de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / credit card) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase.
By clicking the button "Send order bindingly" you place a binding order of the goods contained in the shopping cart. The confirmation of receipt of your order will be sent immediately after sending an automated e-mail. However, a purchase contract is only concluded with the delivery of the ordered goods.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Credit assessment
We reserve the right to insist on a method of payment such as payment in advance.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims 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 apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims to the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of 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 realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as you are an entrepreneur, the following shall apply in deviation from para.1:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due diligence for deviations in quality and quantity and to notify us of obvious defects in writing (e.g. e-mail) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful misconduct or fraudulent intent, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
§ 6 Liability
(1) We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damage arising from injury to life, limb 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 essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) Insofar as essential contractual obligations are affected, our liability in the event of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
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 (ODR platform), available at http://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. The contractual language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
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 incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions and shipping
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
6.3. Shipping costs
If you are a consumer, shipping within Germany is insured and free of shipping costs.
Shipping to foreign countries is always charged, regardless of the value of the goods ordered. You can see the exact costs in the checkout process when placing an order before purchase.
Delivery is made 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 section Shop / Shipping costs.
6.4 If you are a consumer, we (the Seller) shall bear the costs of returning the goods within Germany if the value of the goods delivered exceeds an amount of 40 euros. You (the buyer) shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros.
The costs for returns from abroad are always borne by the buyer, regardless of the value of the goods.
If you are an entrepreneur, you will generally bear the shipping costs of the return if defect-free goods were delivered and no other agreement exists. Please note that we do not accept returned goods without consultation. Unfree packages are not accepted in principle.
7. statutory liability for defects
7.1. Liability for defects in our goods shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has 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 pages at each initial linking to see whether a possible civil or criminal liability is triggered by them. A complete monitoring of the linked contents is not possible. However, if it is determined or if there are indications that a linked offer triggers civil or criminal liability, the link to such a page will be removed immediately.
9. environmental protection
The packaging materials we use bear the green dot and are thus subject to a system of nationwide disposal. You can dispose of the packaging in your paper bin or in a paper collection container near you. Should you exceptionally receive packaging material without a green dot, you can return it free of charge to:
Modeka International GmbH
Ahlener Str. 74-76
19. Severability clause
Should individual clauses of these contractual terms and conditions or any individual agreements concluded in addition thereto be invalid in whole or in part, this shall not affect the validity of the remaining clauses. The invalid clause shall be replaced by another clause which comes as close as possible to the economic purpose of the invalid provision and which is itself valid.