Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all orders via our online shop by consumers and entrepreneurs.

Consumer is any natural person who enters into a legal transaction for purposes that predominantly are not commercial or self-employed professional activities. Entrepreneur is a natural or legal person or a legal entity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity. With regard to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to their validity.

2. Contracting Parties, Conclusion of Contract, Correction Options

The purchase contract is concluded with ModiTech Service GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the order process. By clicking the order button, you make a binding offer regarding the goods in your shopping cart. The confirmation of receipt of your order follows immediately after the sending and does not yet constitute acceptance of the contract.

We accept your offer within two days by sending a separate acceptance declaration (order confirmation) via email.

3. Language, Storage of the Contract Text

The language available for the conclusion of the contract: German

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Delivery Conditions

In addition to the listed product prices, shipping costs will be added. Further details about the amount of shipping costs can be found in the offers.

You generally have the option to pick up the goods at ModiTech Service GmbH, Bernsdorfer Straße 291, 09125 Chemnitz, Germany, during the following business hours: by appointment.

5. Payment

In our shop, the following payment methods are generally available:

Prepayment
When choosing the payment method prepayment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.

Cash on Delivery
You pay the purchase price directly to the delivery person. An additional fee of €7.90 applies.

SEPA Direct Debit
With submission of the order, you give us a SEPA direct debit mandate. We will inform you at least one banking day in advance (pre-notification) of the date of direct debit. A banking day is any weekday except Saturday, public holidays nationwide, and December 24 and 31. The debit will be made after the goods are shipped.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon and authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after the order is placed.

Amazon Pay may offer registered and selected Amazon Pay customers additional payment options in their customer account. We have no influence on offering these options; further individually offered payment options concern your legal relationship with Amazon Pay. More information can be found in your Amazon Pay account.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer the following payment options. Payment via Klarna is only available for consumers. If nothing else is specified below, payment via Klarna requires successful address and credit checks and is processed directly by Klarna. Further information can be found with each payment option and during the order process.

Invoice Purchase via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.

Klarna may offer registered and selected Klarna customers additional payment options in their customer account. We have no influence on offering these options; further individually offered payment options concern your legal relationship with Klarna. More information can be found in your Klarna account.

Klarna Credit Card
During the order process, you provide your credit card data. Your card is charged immediately after the order is placed. No address or credit check takes place.

Klarna Direct Debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the direct debit (pre-notification). The debit is made after the goods are shipped.

Installment Purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment amount is €6.95.

Klarna may offer registered and selected Klarna customers additional payment options in their customer account (e.g., interest-free installment plans). We have no influence on offering these options; further individually offered payment options concern your legal relationship with Klarna. More information can be found in your Klarna account.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal may offer registered and selected PayPal customers additional payment options in their customer account. We have no influence on offering these options; further individually offered payment options concern your legal relationship with PayPal. More information can be found in your PayPal account.

PayPal, Credit Card via PayPal
Your card will be charged by PayPal after shipment of the goods.

PayPal, Direct Debit via PayPal
The payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed of the date of the debit (pre-notification). The debit is made before shipment of the goods.

Buy on Account via PayPal
The purchase on account via PayPal requires an address and credit check and is processed directly by PayPal.

Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after the order is placed. Further information is available during the order process.

Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

6. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal policy.

No voluntary right of withdrawal is granted to entrepreneurs.

7. Retention of Title

The goods remain our property until full payment.
For entrepreneurs: We reserve ownership of the goods until all claims from the ongoing business relationship have been settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are hereby assigned to us in the amount of the invoice value, and we accept this assignment. You remain authorized to collect these claims, but we may also collect them ourselves if you do not meet your payment obligations. The security rights we hold will be released to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10% upon your request.

8. Transport Damage

For consumers: If goods are delivered with obvious transport damages, please complain about such defects immediately to the courier and contact us without delay. Failing to make a complaint or contact has no effect on your statutory claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you once we have delivered the goods to the freight forwarder, carrier, or other person or agency responsible for dispatch.

9. Warranty and Guarantees

9.1 Warranty Rights

Unless explicitly agreed otherwise, the statutory warranty rights apply.

The following restrictions and shortening of periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents

• In the event of injury to life, body, or health
• In cases of intentional or grossly negligent breach of duty, as well as fraudulent intent
• In case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• Within the scope of a guarantee promise, if agreed, or
• To the extent the scope of product liability law applies.

Restrictions for Entrepreneurs

For entrepreneurs, only our own information and the product descriptions of the manufacturer, which are incorporated into the contract, are deemed to constitute the quality of the goods; we do not assume liability for public statements of the manufacturer or other advertising statements. The limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to items that have been used in accordance with their normal use for a building and have caused its defectiveness. The sale of used goods is made under exclusion of any warranty.

The statutory limitation periods for recourse claims according to § 445a BGB remain unaffected.

Regulations for Merchants

For merchants, the inspection and complaint obligations are governed by § 377 HGB. If you omit the notification provided therein, the goods are deemed approved unless it is a defect that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

Notice to Consumers

We would like to inform you that when selling used goods to consumers, we are permitted to shorten the limitation period for warranty rights to one year from delivery of the goods, provided we expressly inform you about this and it is explicitly and separately agreed.

9.2 Guarantees and Customer Service

Information about any applicable additional guarantees and their exact conditions can be found for each product and on special information pages in the online shop.

Customer Service: You can reach our customer service for questions, complaints, and claims on weekdays from 9:00 a.m. to 5:00 p.m. at the phone number +49 (0) 371 / 50 340 270 and by email at support@moditech.de

10. Liability

We are liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents

• In case of injury to life, body, or health,
• In cases of intentional or grossly negligent breach of duty,
• In case of warranty promises, if agreed, or
• To the extent the scope of product liability law applies.

In the event of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), liability for slight negligence is limited to the foreseeable damage typically expected at the time of contract conclusion. Otherwise, claims for damages are excluded.

11. Code of Conduct

We have committed ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
•  

12. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The responsible body is the Universal Arbitration Board of the Federal Office for Justice at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

13. Final Provisions

If you are a merchant, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business address.

GTC created with the Trusted Shops legal text generator.