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 GENERAL TERMS AND CONDITIONS


§ 1 Scope and General Information

  1. These General Terms and Conditions ("GTC") of MODALO GmbH ("Seller") apply to all contracts for the supply of goods concluded between a consumer or business customer ("Customer") and the Seller regarding the products displayed in the Seller’s online shop. Unless otherwise agreed, any conflicting terms and conditions of the Customer are expressly rejected.
  2. A Customer is considered a consumer if the contract is concluded for purposes predominantly unrelated to their commercial or independent professional activity. A business customer is any natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a contract.

§ 2 Conclusion of the Contract

  1. The contract is concluded with:

MODALO GmbH
Rungedamm 20
D-21035 Hamburg, Germany
Registration number: HRB 105366
Register court: District Court of Hamburg

  1. The essential characteristics of the goods are listed in the respective product descriptions on the Seller's website.
  2. The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. After placing an order, the Customer first receives a confirmation by email, which does not yet constitute acceptance of the order. The Seller will review the order and notify the Customer within two business days whether the order has been accepted.
  3. The ordering process works as follows:
    The Customer selects products, adds them to the shopping cart using the “Add to Cart” button, and proceeds to checkout. By clicking the “Place Order” button, the Customer submits a binding purchase offer. Before submitting the order, the Customer can change or review the data at any time using the browser's navigation buttons. The order can only be submitted if the Customer accepts these GTC by checking the box “I have read and accept the terms and conditions.”
    Upon placing the order, the Customer receives an automatic order confirmation by email, which lists the order details. This confirmation only confirms receipt of the order and does not yet constitute acceptance. The contract is concluded either upon explicit acceptance by the Seller or when the goods are dispatched.

§ 3 Subject of the Contract, Product Characteristics, Delivery, Product Availability

  1. The subject of the contract includes the goods and services specified by the Customer during the order process and listed in the order confirmation at the prices stated in the online shop. Errors and omissions, especially regarding availability, are reserved.
  2. Product characteristics are as described in the product descriptions in the online shop. Product images may differ from actual products, particularly due to color variations caused by technical factors. Images are for illustrative purposes only. Specifications such as dimensions and performance data are as precise as possible but may show standard deviations. Such deviations do not constitute defects.
  3. If the ordered product is not available at the time of the order, the Seller will notify the Customer in the order confirmation. If the product is permanently unavailable, no contract is concluded.
  4. If the product is only temporarily unavailable, the Seller will also notify the Customer. If the delivery is delayed by more than two weeks, the Customer may cancel the contract. The Seller also reserves the right to withdraw from the contract and will refund any payments already made.

§ 4 Delivery, Prices, Shipping Costs

  1. Goods will be shipped within two business days after receipt of payment. Delivery times are typically up to five days. Any deviating delivery times are noted on the product page.
  2. Deliveries are only made to the countries listed in the online shop.
  3. All prices include VAT. Prices are final prices plus shipping costs. Shipping within Germany is free of charge. The Customer will receive an invoice showing VAT.
  4. For shipments outside the EU, additional taxes or duties (e.g., customs fees) may apply, which the Customer must pay directly to the responsible customs or tax authorities.

§ 5 Payment

Payment options are prepayment (PayPal, bank transfer) or instant transfer.

§ 6 Transport Damage

  1. If goods are delivered with obvious transport damage, the Customer is asked to report this damage to the carrier immediately and to contact the Seller as soon as possible.
  2. Failure to make such a report has no effect on the Customer's statutory warranty rights but helps the Seller assert claims against the carrier or transport insurance.

§ 7 Warranty for Defects

  1. The Seller is liable for defects according to applicable law, particularly §§ 434 et seq. of the German Civil Code (BGB).
  2. Guarantees are only provided if explicitly stated in the order confirmation for the respective product.
  3. Complaints and warranty claims can be addressed to the Seller’s contact listed in the legal notice.
  4. Business customers must report obvious defects within 14 days.

§ 8 Retention of Title

The delivered goods remain the property of the Seller until full payment has been received.

§ 9 Liability

The statutory provisions apply.

§ 10 Contract Text

The contract text is stored on the Seller’s internal systems. The GTC can be viewed at any time in the Customer's account. Order details and the GTC are sent to the Customer by email. For security reasons, the order data is no longer accessible via the internet after the order is completed.

§ 11 Final Provisions

  1. The contract language is German.
  2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as the protection granted by mandatory provisions of the law 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 public fund, the place of jurisdiction for all disputes arising from the contractual relationship is the Seller’s place of business. This also applies if the Customer does not have a general place of jurisdiction in Germany or the EU or if the Customer’s residence or usual place of abode is unknown at the time the action is filed.

Version dated: May 2019