Modulor: GENERAL TERMS OF TRADE

General conditions and terms of trade

1. Scope of Application

For the business relations between Modulor GmbH (henceforth to be called Modulor) and the customer, only these general conditions and terms of trade are valid. Adverse terms and conditions are only valid if Modulor expressly approves their validity in writing. Sales contracts only become valid upon confirmation of your order in writing or the actual shipping of the goods.

2. Prices

The prices quoted at the webshop are gross prices including the German VAT. All prices are given in Euros (€). Our prices are quoted for each sales unit and are valid

in stock in Berlin
do not include shipping and handling
do not include any eventual service costs (e.g. custom cutting)

Errors or technical mistakes in representing the prices in the web shop are excepted. Special offers are only good as long as supplies last.

3. Conditions of Payment

3.1. Within Germany

Orders up to 150.00 € are shipped on account. For private customers, full payment is due within 14 days. For commercial customers, we grant a 2% discount if payment is received within 10 days; after 30 days the full amount is overdue.

The following methods of payment are possible:

by bank transfer
by direct debit authorization (only for a German Girokonto)
by credit card (Visa, Mastercard/Eurocard or American Express)

We reserve the right to deliver orders to new customers on a C.O.D. or payment in advance basis. The same is true for subsequent orders from customers whose payments have previously been late. Any collection charges must be paid by the consignee.

We do not accept checks.

3.2. Outside of Germany

For orders coming from outside of Germany please pay with a credit card (Visa, Mastercard/Eurocard or American Express) or by payment in advance. If you want to pay by bank transfer, please do not forget to inform your bank that you will pay the bank charges. Bank transfers within the EU are not subject to fees if the IBAN and Swift-Code are included with the payment.

4. Shipping and Delivery Times

We ship worldwide using either a parcel service (standard, express) or a forwarding agency. Orders that do not specify a method of delivery will be shipped per standard delivery.

Deliveries cannot be made to post office boxes or parcel deposit and pick-up stations.

Our goal is to process your order as quickly as possible and deliver it within one week. If you require the order within a specific time framework please inform us of the details. Express deliveries within Germany will arrive on the next workday (Mon-Fri) up to 12:00 o’clock. Even express delivery does not „guarantee“ an on schedule delivery because the parcel services themselves do not offer any guarantees.

For information regarding delivery times and shipping costs, as well as the conditions of delivery (e.g. dimensions), please refer to „Shipping and Handling".

We will always inform you if an ordered item cannot be shipped in a timely fashion. An article not available at the time of shipping the rest of your order will not be sent on later unless you specifically request it.

5. Service

The conditions and prices of our various services (e.g. custom cutting) that are listed at the corresponding areas apply.

6. Errors and Damages

We of course do our best not to make any mistakes in filling your order. They are nonetheless unavoidable. In such cases please inform us upon receipt of the order so that we can immediately go about making sure that you receive the correct product. Mistakes in the quantities of the itemized goods of larger orders are also unavoidable. We therefore reserve the right to an allowance of ± 2%.

Any damages incurred during transport should be documented. This is very important because otherwise the insurance will not pay. Please make a note on the shipping papers of even small damages and notify us of the damages immediately.

The prompt reporting of a mistake or damages makes it much easier for us to remedy it – failure to do so, however, does not have any negative consequences for you the customer.

The risks of goods transport falls to the consignee unless the consignee is a private customer.

We do not guarantee that any delivery deadlines will be met.

7. Revocation Instructions in Accordance with § 355 Abs. 2 BGB

The right of revocation only applies to consumers as defined by § 13 BGB. A consumer is a natural person who enters into a legal transaction for a purpose that does not involve acting within the framework of a commercial or other independent professional activity.

DThe right of revocation does not apply to goods which are not a part of our product range but instead were ordered for you at your request. Further examples of goods not covered by the right of revocation include those cut from rolls, custom cut orders and all goods for which you requested any other type of special processing.

7.1 Revocation Instructions in Accordance with § 355 Abs. 2 BGB

Right of Revocation

You can revoke your contract statement without stating reasons within two weeks of receipt of goods by means of a written declaration (e.g. by letter, fax, E-mail) or by simply returning the goods. The deadline period begins at the earliest with the receipt of this instruction in writing but not before receipt of the goods by the customer and not before we have satisfied our responsibility for providing this information. A timely notification of revocation or a returning of the goods is enough to preserve the deadline period time frame. The notice of revocation should be sent to:

Modulor GmbH
Gneisenaustraße 43-45
D-10961 Berlin
E-Mail: order@modulor.de
Fax: +49 (0)30 / 690 36-445

7.2 Consequences of Revocation

In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If a loss accrues to us because the goods or services cannot be reimbursed or only partially reimbursed or goods can only be returned in a degraded condition, the resulting liability must be paid by you. When returning goods, this requirement will not pertain if the degrading of the article is clearly the result of the type of inspection that one would normally carry out in a store. Furthermore, the obligation for replacement compensation for any degradation that was caused by the treatment of the article in accordance with applicable regulations can be avoided by not treating the article as if you already owned it and by avoiding any handling that could lessen its value.

Articles that are capable of being shipped must be so returned. The shipping costs fall to the customer

when the delivered article matches the one ordered and if the price of the returned article does not exceed 40 Euros
or
the price of the article is more than 40 Euros or the article at the time of the revocation had not been either paid in full or none of the contractually agreed upon partial payments had been made.

Otherwise returns are free. All the actions required of you regarding a reimbursement of payment must be completed within 30 days after posting of your revocation.

End of revocation information.

We will be glad to arrange for the goods to be picked up! Please get in touch with us so that we can organize the transport of the return item.

After the article has been correctly returned we will promptly reimburse the purchase price by means of a credit to the customer’s account or a bank transfer to a bank account of your choice

The revocation instructions are a juridical necessity. Beyond that, we would like to make clear that we always try to find amicable solutions for any problems or errors that might arise. Don’t hesitate to contact us!

8. Further Provisions

8.1. Consistency in the product range

With a product range of 20,000 articles it is really impossible to ensure absolute consistency in our delivery programme. We therefore reserve the right to deliver replacement articles of equal price and quality in cases where the article listed under www.modulor.de is no longer available.

8.2. Reservation of proprietary rights

The delivered goods remain our property until full payment has been received. The buyer has the right within the framework of the proper administration of business to process the delivered goods. In such cases Modulor should be considered as the producer in terms of § 950 BGB, i.e. the owner of the semi-finished and finished products.

8.3. Guarantee

The legal conditions of guarantee apply.

8.4. Liability

No matter which legal right is involved, the liability of Modulor is limited to damages that are caused by a grossly negligent breach of contract by Modulor or the deliberate or grossly negligent breach of contract by one of Modulor´s legal representatives or vicarious agents from Modulor in so far that the damages do not involve injury to life, limb or health.

The data, processing tips and information that we provide have been put together with the greatest of care and, of course, regularly updated. Nonetheless, we cannot accept any liability regarding the completeness, correctness and timeliness of any of the information provided.

Errors and technical mistakes are excepted.

The delivery times given cannot be guaranteed but are instead only estimated times. We accept no liability for any possible consequential damages which are the result of delivery difficulties.

8.5. Exceedance of payment target

If the time of payment has been exceeded despite reminders, all legal regulations regarding time of payment apply. If the buyer exceeds the time of payment, all debts arising from the business tie become immediately due.

8.6. Legal venue

In the case of all disputes arising from the contractual relationship, the legal venue shall be Berlin provided that the customer is a merchant as defined by commercial law or is a legal entity as defined by public law or by the public separate estate.

9. Data Protection Notice

We save your data only for the purpose of your order and its implementation. We do not share your data with a third party excepting partners necessary for the execution of your order.

The customer’s data is stored and processed in accordance with the relevant regulations from the Federal Data Protection Law (BDSG in German) and the Teleservice Data Protection Law (TDDSG in German). Your personal data is only collected for clearly defined and legal purposes.

You retain the right to receive information, make revisions, block and, if necessary, delete your stored data without charge. Please contact us by E-mail or send us your request per post or fax.

We do not give your personal data, including your home address, telephone number and E-mail address, to a third party. Exceptions include any service partners for whom your data is necessary for the execution of your order (e.g. a forwarding company responsible for delivery or a credit institute contracted to handle payments). In such cases the amount of data supplied is, however, limited to the essential minimum.

Status: July 2010