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 of Business for ordering merchandise consignable by parcel post
Last updated: 01/23/2017
If the customer orders merchandise consignable by parcel post, then Modulor‘s present General Terms and Conditions of Business (henceforth: Modulor GTC) shall apply between Modulor GmbH (henceforth: Modulor) and the customer in respect of the order. General terms and conditions of business which contradict or differ from the following stipulations do not apply. The Modulor GTC apply both to consumers (henceforth: private customers) and companies (henceforth: commercial customers), unless a differentiation is made in the relevant clause. Where the Modulor GTC refer to consumers, these are natural persons concluding a legal transaction which cannot be predominantly attributed to their commercial, nor their independent professional activity. Entrepreneurs, by contrast, are natural persons or legal entities or legally constituted partnerships placing orders for commercial, independent or freelance purposes. Customers in the sense of the Modulor GTC are both consumers and entrepreneurs.
Excluded from the scope of the Modulor GTC are customers who are beneficiaries of custom offers and also specialised traders registered with Modulor who place orders on the basis of the relevant updated version of the specialised trader price list (resellers).
2. Contract language and conclusion of contract
The contract language is exclusively German. As an additional service Modulor offers its customers the option of changing the language in the Modulor online shop. The descriptions of items on the foreign language pages are in many cases abridged and/or incomplete. Order confirmation and other information is not offered in all languages, but only in German or English.
The offers presented in the Modulor online shop are non-binding and do not represent offers in a legal sense. By clicking ‘add to basket’ the relevant items may be added to the virtual shopping basket. This procedure is non-binding and does not represent a contract offer. Before the order is submitted the content of the order including your customer data is summarised on an overview page. That is where you can correct any of the order data using the change fields provided. Only when you click the button marked ‘place order (payment due)’ do you submit a binding order in respect of the items in the shopping basket. Your order constitutes a binding offer vis-à-vis Modulor. We confirm receipt of order with an automatically generated email which confirms the details of the order submitted to Modulor, however this does not represent acceptance of your purchase offer. The contract is deemed concluded when we confirm your purchase offer by sending you a confirmation email.
If the order is made by other means than the online shop, the contract shall be deemed concluded by acceptance of the customer order by Modulor. The customer waives their right to receive acceptance notification as per Clause 151 Sentence 1 of the German Civil Code (BGB). In this case also Modulor accepts the offer by sending out a confirmation email.
In the case of all orders we store your individual order data and send you these by email. After conclusion of contract we also send you all contractual stipulations, including the present GTC.
The applicable prices are those listed in the online shop at the time the order is placed. In principle all prices are gross prices including statutory VAT and are specified in EUROs (€). For all commercial customers registered in the online shop the prices listed are net prices. The prices are to be understood as per unit and shall apply ‘ex works’ plus shipping costs.
4. Payment terms and conditions
In the online shop we offer you the following basic forms of payment: invoice, direct debit, payment in advance, credit card and PayPal.
When ordering by phone, fax or email we offer you the following basic forms of payment: invoice, direct debit, payment in advance and credit card.
We reserve the right, having checked your customer information, notwithstanding the stipulations above, not to offer you particular forms of payment and to refer you to other forms of payment. Under no circumstances do we undertake to cover charges due in respect of a money transaction such as, for example, a charge levied for using a credit card abroad.
When paying by direct debit, credit card or PayPal the funds due will be reserved once the order is completed. In the case of payment by direct debit your account will also be charged when the order is completed.
In the case of payment by invoice the purchase price is payable within 14 days of invoice for private customers and for commercial customers within 30 days of invoice.
If you are ordering by PayPal, credit card, direct debit or if when making your purchase on account in the online shop, having clicked ‘buy now’ you are forwarded to the PayPal web pages, Modulor assigns the relevant claim to PayPal (Europe) S.àr.l. et Cie, S.C.A,. Contrary to the stipulations above, the purchase price for purchases on account via PayPal for private customers and commercial customers is payable 30 days from the date of order. Payments with debt-discharging effect may only be made to PayPal (Europe) S.àr.l. et Cie, S.C.A.. In the case of queries in respect of transfers or open items you can contact PayPal directly on +49 800 723 4730 or by email at email@example.com. In the case of payment on invoice or via PayPal Modulor remains responsible for all general customer queries in respect of merchandise, delivery time, returns or right of cancellation.
The statutory regulations apply in respect of delays. Modulor reserves the right to prove higher damages. In the case of delayed payment or other evidence that you are not credit-worthy all further claims vis-à-vis yourselves are payable immediately.
You shall be entitled to offset claims only in respect of those claims uncontested by Modulor or legally established claims. You are only entitled to exercise a right of retention in so far as a counter-claim is based on the same contractual relation.
You declare your agreement that invoices and credit notes shall be provided exclusively in electronic form. Please email us at firstname.lastname@example.org, if you would like to deny this consent.
5. Reservation of proprietary rights
The delivered goods remain the property of Modulor until full payment is made. You are entitled, subject to following good business practice, to process the delivered goods. Such processing shall be carried out on behalf of Modulor – that means that Modulor is to be recognised as the manufacturer as per Clause 950 of the German Civil Code (BGB). Modulor thus acquires proprietary rights to the semi-finished and finished products. If the purchased item is processed in conjunction with other objects which do not belong to us, Modulor shall acquire co-ownership rights to the new item on the basis of the ratio of the value of the purchased item to the other processed objects at the time of processing. The provisions applicable to the sold item delivered conditionally also apply to the item created by means of processing.
6. Redeeming special offer vouchers
Special offer vouchers (vouchers which cannot be purchased, but are issued in the context of advertising campaigns with a fixed period of validity) are only valid during the course of the fixed time period and may only be redeemed once in the context of a given order. Individual brands or items may not be available for purchase using a voucher. In order to redeem a voucher, the value of the goods being purchased must meet the relevant specified requirement in respect of the minimum value of goods. Redemption for cash and subsequent redemption are excluded. Special offer vouchers may not be combined with one another or transferred to third parties. A given person may only redeem one voucher.
If the value of the voucher is not sufficient for the order in question, the difference may be settled using the payment methods available.
A special offer voucher is not reimbursed if the merchandise is returned in entirety or in part, in so far as the special offer voucher was issued in the context of an advertising campaign and no compensation was offered in return for it.
Delivery shall be made within the delivery time specified for the product in question.
In the case of merchandise ordered being unavailable for reasons for which Modulor is not to be held responsible due to the supplier not delivering on time or delivering incorrectly (including cases of the supplier under-delivering) despite a delivery contract having been concluded by Modulor with the supplier in question in respect of the merchandise ordered, Modulor reserves the right not to deliver. In this case Modulor shall notify the customer immediately that the merchandise ordered is unavailable and shall immediately refund any payments already received.
Modulor sends merchandise consignable by parcel post across the world using a parcel service (standard and express delivery) or via courier. Customers with invoice addresses in Germany may also select the additional delivery option ‘collect from shop’. Orders which are not collected within seven days of being available for collection from the shop shall be cancelled by us.
It is not possible to deliver to PO boxes or packaging stations.
We will inform you of shipping costs and precise delivery deadlines in the order summary before the order is completed. Basic information in respect of shipment costs and delivery conditions may be found at https://www.modulor.de/en/shipping-and-charges/
If it is not possible to make a delivery to you because you were not to be found at the specified delivery address, despite having been notified of the time of delivery with a reasonable period of notice, you shall cover the costs of re-delivery.
In the case of commercial customers shipment is at the risk of the recipient.
In the case of product orders for delivery outside the EU import tariffs and taxes may be levied as soon as the parcel arrives at its destination. You are responsible for covering any additional fees for customs clearance. Modulor has no influence on these fees.
9. Consumer’s right of cancellation
The right of cancellation only applies to consumers as per Clause 13 of the German Civil Code (BGB).
Right of cancellation
You have the right to cancel this contract within 14 days without specifying a reason.
The cancellation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
In order to exercise your right of cancellation you must notify us at
(e.g. by letter sent by the postal service, a fax or an email) clearly informing us of your decision to cancel this contract. For this purpose you may use the attached sample cancellation form, however this is not a requirement. You may complete and send the cancellation form or send a message electronically via our website (https://www.modulor.de/en/modulor-revocation/form/) clearly informing us of the same. If you use this option, we will immediately send you confirmation of receipt of your cancellation.
To comply with the period of cancellation it is sufficient for you to send notification that you are exercising your right of cancellation before expiry of the cancellation period.
What happens once you have cancelled your order
If you cancel your order we must return to you all payments we have received from you, including delivery costs (with the exception of additional costs incurred if you selected another form of delivery to the best value standard delivery we offer) -immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this return payment we shall use the same form of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; in no case will you incur charges for this return payment. We may refuse to make return payment until we have received the goods back or until you have shown proof that you have sent the goods back (whichever is earlier).
You must send or give back the goods to us immediately and in any case within 14 days of the day on which you notified us of cancellation of this contract. You will be deemed to be in compliance with the deadline as long as you send the goods off within the 14-day period.
You shall cover the direct costs for returning the goods. You will only be liable for any loss in value of the goods if this loss in value is traceable to the goods having been handled in a manner not required for verifying the workmanship, properties and functioning of the goods in question.
Exemptions in respect of the right of cancellation
The right of cancellation does not apply, unless otherwise stipulated, to distance selling contracts
• To the delivery of goods which are not pre-manufactured and which have been manufactured on the basis of an individual preference or requirement of the consumer and which are clearly tailored to their personal needs
• To the delivery of newspapers, periodicals and magazines with the exception of subscription contracts
Premature lapse of right of cancellation
• The right of cancellation lapses prematurely in the case of contracts to deliver audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
End of information in respect of the right of cancellation
Model cancellation form
If you wish to cancel the contract please fill in this form and send it back to us at
- I/We (*) hereby cancel the contract concluded in respect of the purchase of the following goods/provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if submitted as a hard copy)
- Date ________________________________
(*) Delete as appropriate.
10. Voluntary 30 Days Return Policy
Besides your statutory right of cancellation, we also grant you a voluntary right of return within a total of 30 days of receipt. This right to return goods allows you to get out of the contract even after expiry of the 14-day cancellation period (see cancellation information above) by returning the merchandise to us within 30 days of receipt (the period begins on the day after you receive the goods) – specifically to the address given below. You will be deemed to be in compliance with the deadline as long as you send the goods off within the relevant period. However, in order to exercise this voluntary right of return, you must send the merchandise back in its entirety and in its original condition intact and undamaged in the original sales packaging. The voluntary right of return does not apply to the purchase of gift vouchers, custom-made products, custom-cut products or partial products.
Please send the items to:
Modulor GmbH Prinzenstrasse 85 10969 Berlin Germany
For the return payment we shall use the same form of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; under no circumstances will you incur charges for this return payment. You shall cover the direct costs for returning the goods.
Your statutory right of cancellation (see point 9) is not affected by compliance with these rules in respect of the additional contractual (voluntary) right of return and remains in effect irrespective of the same. Until expiry of the statutory cancellation period the relevant statutory right-of-cancellation stipulations apply exclusively. The contractual (voluntary) right to return goods also does not limit your statutory warranty rights which you retain without limitation.
Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer in respect of injury to life, limb or health or as a result of violation of major contractual obligations (major obligations), as well as liability for other damages due to deliberate fault or gross negligence in respect of violation of obligation/s on the part of the provider, their legal representatives or agents. Major contractual obligations are those required for fulfilment of the objective of the contract.
In the event of violation of major contractual obligations, the provider is liable only for foreseeable damage typical for this type of contract, if this was simply caused by negligence, unless the customer’s claim for damages is in respect of injury to life, limb or health.
The limitations in paragraphs 1 and 2 above also apply to legal representatives and agents of the provider, if claims are made directly in respect of these.
The stipulations contained in the Law on Product Liability (Produkthaftungsgesetz) remain unaffected.
13. Applicable law and jurisdiction
All legal transactions or other legal relations with us are subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) as well as any other inter-state agreements, even after they have been integrated into German law, do not apply. In the case of contracts with consumers this choice of law only applies insofar as the protection granted is not revoked by mandatory legal provisions of the state in which the consumer is habitually resident.
Insofar as the customer constitutes a merchant as per the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, it shall be agreed that the place of jurisdiction for all legal disputes in respect of the present terms and conditions of business and individual contracts concluded within their scope, including legal action in respect of bills of exchange and cheques, shall be the registered office of Modulor (Berlin). However, in this case we are also entitled to file a claim at the jurisdiction of the customer’s registered office.
14. Dispute Resolution
The European Commission has established an online dispute resolution platform (ODR platform) that can be accessed here: ec.europa.eu/consumers/odr/. Modulor is, however, neither willing nor obliged to participate in a conciliation procedure.
15. Contact information
In the event of queries or observations please feel free to get in touch with us at any time. We are always looking for customer-centred solutions in case problems or faults occur.