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Terms and Conditions

Please note that the German version of our Terms and Conditions is exclusively legally binding. The English translation laid out below only serve comprehensional purposes for international customers.

Modulor General Terms and Conditions for ordering goods ready for shipment

Last updated: /06/2024

1. Scope of application

The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his 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 the capacity of their commercial or independent professional activity.

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

Customers to whom an individual offer has been submitted and specialist dealers registered with Modulor who order on the basis of the specialist dealer price list in the currently valid version (resellers) are excluded.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Modulor GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. We accept your offer within two business days by issuing a declaration of acceptance in a separate e-mail or, if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment"). The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

Modulor offers its customers the option of changing the language in the Modulor online shop as an additional service. The item descriptions on the foreign-language pages are often abbreviated or incomplete. Order confirmations and other information are not provided in all languages, but only in German or English.

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

In regards to wooden products, natural variations in the grain, structure and color of the wood are possible.

4.3 Right of use

Any sketches, drafts, preliminary products, etc. created by us to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5. Assembly

The provision of assembly services requires an express agreement.

5.1 Selection of the service provider

We shall provide the service at our discretion either in our own person or by qualified personnel selected by us. We expressly reserve the right to have services performed by third parties (subcontractors) who work on our behalf. You only have a claim to the selection of a specific person to provide the service if and insofar as this is expressly stated in the applicable service description. If and insofar as third parties are used to provide services, we shall remain fully responsible for the performance of the contractual obligations. Before engaging third parties, we shall check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and shall oblige them to do so.

5.2 Access to the assembly site

The product shall be delivered to the assembly site. You are obliged to grant the persons commissioned with the assembly access to the assembly site.

6. Terms of shipping

We provide information on shipping costs and delivery dates in the order overview before the order is completed. Basic information on shipping costs and delivery conditions can be found at https://www.modulor.de/en/order-shipping/.

6.1 Shipping area

We deliver within Germany and the EU.

6.2 Shipping options

Delivery will be made within the delivery period specified for the respective product.

In the event of non-availability of the ordered goods for which Modulor is not responsible as a result of late or incorrect delivery (including delivery of short quantities) by a supplier despite a delivery contract concluded by Modulor with the supplier for the ordered goods, Modulor reserves the right not to deliver. In this case, Modulor will immediately inform the customer that the ordered goods are not available and will immediately refund any payments already received.
We will send the products to the delivery address specified in the order process.

In principle, you have the option of collecting the goods from Modulor GmbH, Prinzenstraße 85, 10969 Berlin, Germany during the following business hours: Monday through Saturday from 10 am - 4 pm except on public holidays. The earliest collection day will be communicated in advance by e-mail.

We do not deliver to PO boxes, DHL Packstation or any other self-service delivery locations.

6.3 Forwarding shipping

In the case of forwarding deliveries, the forwarding agent commissioned by us will contact you to agree a delivery date.

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

If delivery to you is not possible because you cannot be found at the delivery address you have specified, even though you have been given reasonable notice of the delivery time, you shall bear the costs of a new delivery.

7. Customs

When ordering products for delivery outside the EU, import duties and taxes may be levied once the package reaches the specified destination. Any additional charges for customs clearance are your responsibility. Modulor has no influence on these fees.

8. Payment

The following payment methods are available in our store.

Prepayment

If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

You enter your credit card details during the ordering process.

Your card will be charged immediately after placing the order.

SEPA direct debit

When you place your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account is debited before the goods are dispatched.

PayPal

In order 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, legitimize yourself with your access data and confirm the payment instruction.

The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Invoice

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

Payolution GmbH / Unzer

Further information on credit and identity checks can be found here: https://payment.payolution.com/payolution-payment/infoport/termsandconditions?territory=DE&mId=UZ2132568. Address: Payolution GmbH Columbusplatz 7-8, Stiege 1 / 5th floor, 1100 Vienna, Austria

This does not apply to customers to whom an individual offer has been submitted and to specialist dealers registered with Modulor who order on the basis of the specialist dealer price list in the currently valid version (resellers).

9. Redemption of promotional vouchers

Promotional vouchers (vouchers that you cannot purchase, but which we issue as part of advertising campaigns with a specific validity period) are only valid for the specified period and can only be redeemed once as part of an order process. Individual brands or items may be excluded from redemption of the voucher.

To redeem the voucher, the value of the goods must be at least equal to the specified minimum value. Cash payment and subsequent redemption are excluded. Promotional vouchers cannot be combined with each other or transferred to third parties. Only one voucher can be redeemed per person.

If the credit balance of a promotional voucher is not sufficient for the order, the difference can be settled using the payment options offered. The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotion and no consideration was provided in return.

Customers to whom an individual offer has been made and specialist retailers registered with Modulor who order on the basis of the specialist retailer price list in the currently valid version (resellers) are excluded from this.

10. Instructions on cancellation

Consumers have a 14 days right to cancel.

This does not apply to customers to whom an individual offer is submitted and to specialist dealers registered with Modulor who order on the basis of the specialist dealer price list in the currently valid version (resellers).

Instructions on cancellation

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (Modulor GmbH, Prinzenstraße 85, 10969 Berlin, Deutschland, [email protected], Phone: 49 (0)30 / 690 36-0 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods that can normally be returned by post. You will have to bear the cost of returning the goods that, by their nature, cannot normally be returned by post. For goods that, by their nature, cannot normally be returned by post, the cost is 109,00 - 318,49 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right to cancel does not exist for the following contracts:

• Contracts for the supply of goods that are made to the consumer’s specifications, i.e. non- prefabricated goods made on the basis of an individual choice of or decision by the consumer or are clearly personalized.

• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

Model cancellation form

(If you want to cancel the contract, please fill out the form below and send it back to us.)

— To Modulor GmbH, Prinzenstraße 85, 10969 Berlin, Deutschland, [email protected]

— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)

— Ordered on (*) / received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this for is notified on paper)

— Date

(*) Delete as appropriate

Derogating return cost rules for Germany

We shall bear the direct costs of returning the goods if the return is within Germany.

11. Retention of title

We have the retention of title until complete payment has been made. For entrepreneurs, the following also applies: 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 assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

The conditions and prices of our various services (e.g. cutting service) listed in the relevant places shall apply.

12. Transport damage

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

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

13. Warranty and guarantees

13.1 Liability for defects

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

The following limitations and shortening of time limits shall not apply to 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 or fraudulent intent in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is opened.

Limitations in relation to entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept 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 that has been used for a building in accordance with its normal use and has caused its defectiveness.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Note to merchants:The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

13.2 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 store.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays (Monday - Friday) from 9:00 to 17:00 by phone 030/690360 and by e-mail at [email protected].

14. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened up. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

15. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

16. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here.

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

17. Final provisions

If you are an entrepreneur, German law applies 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 us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.