Terms and Conditions

1. Scope of Application

The following Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of his or her trade, business or profession.

The following applies vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Possibilities for Correction

The purchase contract is concluded with ModiTech Service GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order has been submitted.

We accept your offer within two days by sending a declaration of acceptance in a separate e-mail.

3. Contract Language, Storage of Contract Text

The following language(s) is/are available for the conclusion of the contract: German

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

4. Requirements and Handling of Customer Content

4.1 Requirements

If, for the fulfilment of the order, it is necessary that you transmit content to us (e.g. texts, data, files), the technical possibilities available for this and any applicable requirements are determined by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not carry out any substantive editorial review before executing the order.

4.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademark rights or other protective rights) and must not contain or serve the purposes of glorifying violence, discrimination, racism, xenophobia or other immoral or unconstitutional content.

4.3 Indemnification

You indemnify us against claims of third parties which they may assert against us in connection with an infringement of their rights caused by our use of the content in accordance with the contract. In this context, you shall also bear the necessary costs of legal defence, including all court and attorney’s fees at the statutory rate. The indemnification does not apply insofar as you are not responsible for the infringement of rights. In the event of a claim being asserted against us by third parties, you are obliged to provide us without delay, truthfully and completely with all information necessary for the examination of the claims and for our defence.

4.4 Reservation of Withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content you provide violates statutory or official prohibitions or public morality, or if there is a justified suspicion of such a violation. This applies in particular in the case of the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful-to-minors and/or violence-glorifying content.

5. Installation

The provision of installation services requires an express agreement.

5.1 Selection of the Service Provider

We shall provide the service at our discretion either personally or through qualified personnel selected by us. We expressly reserve the right to have the services performed by third parties (subcontractors) acting on our behalf.

You are only entitled to demand performance by a specific person if and to the extent that this is expressly stipulated in the applicable service description.

If and to the extent that third parties are used to provide the service, we remain fully responsible for the fulfilment of the contractual obligations.

Before using third parties, we will review them with regard to their reliability and suitability in terms of professional training, experience and/or ability to provide the contractual service and will bind them accordingly.

5.2 Access to the Installation Site

The product is delivered to the installation site. You are obliged to grant the persons commissioned with the installation access to the installation site.

6. Delivery Conditions

6.1 Shipping Costs

In addition to the indicated product prices, shipping costs are added for standard shipping. You can find further details on the amount of the shipping costs in the offers.

6.2 Delivery Options

We deliver the products to the delivery address specified in the order process.

As a rule, you have the option of collecting the goods from ModiTech Service GmbH, Bernsdorfer Str. 291, 09125 Chemnitz, Germany during the following business hours: appointment by arrangement.

6.3 Delivery by Freight Forwarder

Appointment Scheduling

For deliveries by freight forwarder, the forwarding company commissioned by us will contact you for the purpose of arranging a delivery date.

Place of Delivery

Delivery of the goods is limited to the transport and unloading of the goods at the first public curb at the agreed delivery address. Delivery does not include delivery to specific rooms or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

7. Payment

7.1 Prices

The prices applicable at the time of the order shall apply. These are total prices and include statutory VAT.

7.2 Due Date and Default in Payment

The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

The following applies to consumers: In the event of default in payment, we reserve the right to charge you a fee of 1.50 euros for the second and each subsequent reminder. You are permitted to prove that a lesser loss has been incurred. Further claims remain unaffected.

The following applies to entrepreneurs: In the event of default in payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate as well as a lump sum of 40 euros. Further claims remain unaffected.

7.3 Payment Methods

The following payment methods are generally available in our shop.

Advance payment
When selecting the advance payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment upon collection
You pay the invoice amount in cash upon collection.

Cash on delivery
You pay the purchase price directly to the deliverer. An additional charge of 10.95 euros applies.

SEPA direct debit
By submitting your order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any working day except Saturdays, nationwide public holidays and 24 and 31 December of each year. The account will be debited after dispatch of the goods.

Amazon Pay
To be able 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, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after the order has been placed.

Amazon Pay may offer additional payment methods in the customer account to registered Amazon Pay customers selected according to its own criteria. We have no influence on the offering of these methods; any additionally offered individual payment methods concern your legal relationship with Amazon Pay. Further information on this 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 you the following payment options. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and during the order process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. We have no influence on the offering of these methods; any additionally offered individual payment methods concern your legal relationship with Klarna. Further information on this can be found in your Klarna account.

Credit card via Klarna
During the order process, you enter your credit card details. Your card is charged by Klarna immediately after the order has been placed. No address or credit check is carried out.

Direct debit via Klarna
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called prenotification). The account will be debited after dispatch of the goods.

Instalment purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. For some orders, a down payment may be required. The due dates are determined by Klarna’s payment schedule. The instalment purchase payment method via Klarna can only be used by consumers.

Klarna may offer additional payment methods (e.g. interest-free instalment plans) in the customer account to registered Klarna customers selected according to its own criteria. We have no influence on the offering of these methods; any additionally offered individual payment methods concern your legal relationship with Klarna. Further information on this can be found in your Klarna account.

Sofort / instant bank transfer via Klarna
To pay the invoice amount by Sofort/instant bank transfer via Klarna, you must have a Klarna account and a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. When paying by instant bank transfer, Klarna does not carry out a credit check. Your account is debited immediately after the order has been placed. Further information is provided during the order process.

PayPal, PayPal Express
To be able 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 login details and confirm the payment instruction. The payment transaction is carried out by PayPal after you have received the goods. Further information is provided during the order process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. We have no influence on the offering of these methods; any additionally offered individual payment methods concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the order process.

PayPal, PayPal Express
To be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. We have no influence on the offering of these methods; any additionally offered individual payment methods concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.

Credit card via PayPal
Your card is charged by PayPal after dispatch of the goods.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). The account will be debited before dispatch of the goods.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Invoice
The invoice amount is due 5 days after receipt of the invoice and the goods and is payable 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.

8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy.

No voluntary right of withdrawal is granted to entrepreneurs.

9. Retention of Title

The product remains our property until it has been paid for in full.
In addition, the following applies to entrepreneurs: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, irrespective of any connection or mixing of the goods subject to retention of title with a new item, in the amount of the invoice value, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport Damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

11. Data Backup

You are responsible for the proper and regular backup of your data. We are not liable for damage resulting from loss of data insofar as you could have avoided the data loss by regular and complete data backups.

The above restriction does not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of essential contractual obligations whose fulfilment is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• under a guarantee, if agreed, or
• where the scope of application of the Product Liability Act is opened.

12. Warranty and Guarantees

12.1 Liability for Defects

Unless expressly agreed otherwise, the statutory law on liability for defects shall apply.

The following restrictions and reductions in time limits do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of essential contractual obligations whose fulfilment is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• under a guarantee, if agreed, or
• where the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

Vis-à-vis entrepreneurs, only our own statements and the manufacturer’s product descriptions which have been included in the contract shall be deemed an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item which has been used in accordance with its normal use for a building and has caused its defectiveness. The sale of used goods is made under exclusion of any warranty.

The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.

Notice to merchants

For merchants, the duty of inspection and notification of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give the notification regulated there, the goods shall be deemed approved, unless the defect was not recognisable during inspection. This does not apply if we have fraudulently concealed a defect.

Information for consumers

We would like to inform you that, when selling used goods to consumers, we may shorten the limitation period for claims based on defects to one year from delivery of the goods, provided that we expressly inform you of this and this is expressly and separately agreed.

12.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and claims on working days from 9:00 a.m. to 5:00 p.m. by telephone on +49 37150340270 and by e-mail at support@moditech.de

13. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• under a guarantee, if agreed, or
• where the scope of application of the Product Liability Act is opened.

In the event of breach of essential contractual obligations whose fulfilment is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded and which typically must be expected to occur.
Otherwise, claims for damages are excluded.

14. Code of Conduct

We have submitted to the following codes of conduct:

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

15. Dispute Resolution

We are willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.
The competent authority is the Universal Arbitration Board of the Federation at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.

16. Final Provisions

If you are an entrepreneur, German law shall apply to the exclusion of 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 you and us shall be our registered office.

Should individual provisions of these Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual provisions are invalid, the content of the contract shall be governed by the statutory provisions.