General Terms and Conditions of mode...information ltd. (MI) for business transactions (B2B)
General Terms and Conditions of mode...information GmbH (MI)for Business Transactions with Private Customers (Consumers) as of June 13th, 2014
§ 1 GeneralThese Terms and Conditions shall only be applicable for consumers pursuant to § 13 BGB (German Civil Code).We exclusively operate on our Terms and Conditions mentioned below which you accept by ordering goods from the Internet or from our offers. This shall similarly apply for online orders or orders received by fax or phone. From the imprint you can learn our identity and our summons address.Our offers are subject to confirmation. Illustrations, drawings, descriptions, etc. contained in offers, pricelists and in the Internet had been compiled and established at the best. Our offers are subject to minor changes unless they had expressly been stated as binding offers.
§ 2 PricesThe delivery prices defined on the Internet page as end customer prices at the time of order shall be applicable. VAT shall clearly be pointed out during the payment procedure.
§ 3 OrderWe take orders for goods from the online-shop by data transfer from the Internet. If the goods are available, delivery shall normally take place within 24 hours. The delivery time shall always take place under reserve of correct and timely self supply.If the goods are momentarily not deliverable at all, the contract can be cancelled by both parties.
§ 4 Term of ContractSubscription starts with the next deliverable issue and shall be placed for a term of 12 months. It is automatically extended by periods of 12 months unless notice in writing had been submitted three months prior to expiration. The receipt of the notice at MI is decisive for its timeliness.
§ 5 Terms of Delivery
The forwarding charges shall be borne by the customer. The packaging charges are included in the price. Deliveries abroad shall be charged separately.
§ 6 Returned goods without permission
Goods that are returned to mode…information without permission shall be kept in the stock for a period of four weeks. After this period the goods shall be destroyed. If the customer wishes the goods to be resent to him, the forwarding charges will be borne by the customer.
Goods that had been assembled and/or converted on demand of the customer cannot be returned or exchanged.
§ 7 Terms of Payment
The purchase price is paid by credit card during the ordering procedure.
§ 8 Right of Cancellation and Return
The customer shall be entitled to the statutory right of cancellation. The details of his right of cancellation shall be included in the cancellation policy. In the case of a valid cancellation, the amount invoiced shall be reimbursed within a fortnight to the account stated by the customer.
Relating to the return of goods, we ask the customer to send them back to us in their original packing along with a copy of the invoice marked “return”.
Herewith, we explicitly reserve the right to be compensated the value of the goods damaged by improper treatment or by third party impact.
§ 9 Warranty / Liability / Limitation
Immediately after receipt, the customer shall examine the goods for completeness, transport damages and apparent defects. In case of apparent defects, we shall have a warranty obligation only if the customer informs us in writing about the defects within four weeks after delivery of the goods. In this case, we shall be obliged to subsequent performance, for which the customer has to grant us a reasonable term for the subsequent performance.
At the customer’s discretion, the subsequent performance can take place by either removing the defects or by delivering new goods. We shall be entitled to refuse the customer’s choice if it causes unreasonable costs. During the subsequent performance, reductions of the purchase price or cancellation of the contract by the customer shall be excluded. After the second unavailing trial, a subsequent improvement is considered to be failed. The customer shall only have a right to withdraw from the contract or a right to diminution, if the subsequent performance failed or if we completely refused subsequent performance.
Regarding a defect, the customer can claim damages at the following conditions only after the subsequent performance failed or after we refused subsequent performance. This shall not affect the customer’s right to raise further claims at the following conditions.
The customer’s warranty rights become statute-barred within two years after delivery.
Precondition for the warranty is to prove the entitlement by means of a copy of the invoice.
Our liability shall be limited to deliberate or grossly negligent breach of fundamental contractual duties and shall be limited to the typical damage predictable at the conclusion of the contract. This limitation shall not be applicable for damages resulting from injury of life, body or health, independent from the debt ratio, and for claims due to malicious behaviour and for claims in accordance with the product liability law.
§ 10 Withdrawal
We shall be entitled to withdraw from contract if due to force majeure we cannot deliver the purchase product and inform the customer immediately about the non-availability of the goods and immediately reimburse the amount already paid.
§ 12 Copyrights
The copyright as well as all publishing and proprietary rights on the delivered products belong to the publisher of the respective product. Further commercial use or duplication of texts, pictures and other product contents are not allowed. This shall refer to all products and to the complete Internet offer of MI.
§ 13 Partial Invalidity
Should a provision of this contract be or become invalid or partly invalid, then the legal effect of the other provisions shall not thereby be affected. In this case, the parties engage to replace the invalid provision by a valid provision that comes closest to the intended sense and economic purpose of the invalid provision considering the interests of the parties expressed in the contract.
§ 14 Place of Performance, Legal Venue, Applicable Law, Final Clauses
(1) In case of business connections with business people who do not belong to the tradesmen as defined in § 1 Abs. 2, 2nd clause of the Commercial Code, with persons of public law or with fund assets under public law or with persons who do not have any inland venue, place of fulfilment shall be our place of business.
(2) For all disputes arising out of the business relation with the aforesaid persons, the venue shall be our place of business. We, however, shall have the right to sue the purchaser also at the court at his place of residence.
(3) The law of the Federal Republic of Germany shall be the applicable law; validity of the UN sales law shall be excluded.
Cancellation policy for contracts with private customers (consumers) not made in the premises of our company but through webshop; status: June 13th, 2014
Cancellation policy / Right of cancellation
You can cancel the order without giving reasons within two weeks in writing (i.e. letter, fax, e-mail) or by phone. The period of 14 days shall start not earlier than upon receipt of the goods by you or a person authorized by you. In order to correctly cancel the order, you have to inform us by an explicit statement about your decision to cancel the contract. This statement must be sent to:
51491 Overath, Germany
Phone: +49 2206 6007-0
Fax: +49 2206 6007-17
Model form for your cancellation of the contract
You can use the following model form for your cancellation which however is not mandatory. To meet the requirements of the cancellation notice it is sufficient that you send us this cancellation statement before the notice expires.
If you want to cancel the contract, please fill in this form and return it to us:
Phone: +49 2206 6007-0
Fax: +49 2206 6007-17
Herewith I / we (*) cancel the contract for the acquisition of the following goods (*), the supply of the following service (*)
Order date: (*)
Delivery date: (*)
Name of the private person (consumer):
Address of the consumer:
Signature of the consumer (only if sent on paper)
(*) If not applicable, please cross.
Return- / Cancellation Consequences
In case of an effective cancellation, we shall grant back all payments that we have received from you including the delivery costs (with the exception of additional costs for a special kind of delivery that you may have chosen and that not corresponds to our less expensive standard delivery option) latest within 14 days starting the day of the reception of your cancellation. For the back payment we use the same payment method that you have used for this transaction unless we have expressively agreed on another payment method. You will not have to pay any fees for this back payment. We can refuse the back payment until we have received the returned goods or until you have proven that you have returned the goods, it depends on what is earlier the case.
You have to return the goods to us without delay latest within fourteen days starting the day you informed us about the cancellation. You meet the requirements of the notice if you send the goods before the notice of fourteen days has expired. You shall pay the delivery costs for returning the goods. We can deduct these delivery costs from the back payment.
In case of an effective cancellation the services and advantages taken (for example advantage of using) shall be given back from both contractual partners. Insofar as you cannot grant us back all the received goods or only part of them or only in deteriorated condition, you have to compensate the value. This shall not apply in the case that the deterioration of the goods is exclusively put down to their examination – as it might have been possible for you in a shop. Apart from that, you can avoid the duty to compensate the value by not using the goods like a proprietor and by omitting everything that affects the value..
Link to OS-platform:
Online Dispute Resolution in according to Article 14, Section 1 ODR-VO: The European Commission is providing a platform for online dispute resolution (OS) please visit http://ec.europa.eu/consumers/odr/. Our email adress is: email@example.com