General Terms and Conditions modu Publishing
(hereinafter referred to as modu)
Sales and delivery conditions
1. validity, offer, conclusion of contract
a) a) For offers and deliveries of modu, Schützenstraße 7, 55743 Idar-Oberstein, Germany, legally represented by the managing director Mr. Hans-Peter Becker, the present terms and conditions apply exclusively.
b) A contract between modu and the customer comes into effect when the customer places an order on the one hand and modu delivers the goods ordered on the other. If modu does not respond within ten days, the order is deemed to have been rejected.
2. Right of return
a) Consumers are entitled to exercise an unrestricted right of return within a period of two weeks from receipt of the goods without giving reasons. For this purpose, packageable goods (up to 20 kg) must be returned to Peembeck GmbH, Schützenstraße 7, 55743 Idar-Oberstein (Tel.: 06781/45752-0). In the case of goods that cannot be parcelled (over 20 kg), the right of return can be exercised by declaring a request for return in text form, e.g. by postcard. To meet the deadline, it is sufficient to send the goods or the return request in time.
b) The cost of returning the goods shall be funded by modu, irrespective of the value of the goods and any defectiveness of the goods.
c) If the purchased goods have not only been inspected by the customer prior to return but have also been used as intended by modu, modu is entitled to demand compensation for the loss of value caused by the use of the goods. In order to avoid compensation for loss of value, T-shirts, for example, may be tried on but may not be worn for a long period.
d) Excluded from the right of return are goods that have been produced according to customer specifications or clearly tailored to the personal needs of the customer (e.g. shirts with flocking), sealed audio or video recordings or software, if they have been unsealed by the customer, as well as newspapers, magazines, illustrated magazines and goods that are not suitable for return due to their nature.
3. Shipping costs, Terms of payment, Delivery
a) Within Germany the delivery is free of shipping costs. Deliveries abroad are possible; information on the shipping costs to the respective country is available on request.
b) Every payment is made by cash in advance.
c) modu is entitled to make partial deliveries if this is reasonable for the customer.
a) Obvious defects must be reported in writing to the address given under 2.a within two weeks of delivery of the goods. All other defects must be reported in writing within the warranty period of two years from delivery of the goods. Claims for liability for defects are excluded if the notification is not made in due time and in the proper manner.
b) In the event of defects, modu will, at the customer’s discretion, either remedy the defect or provide subsequent fulfilment by delivering new goods, unless the type of subsequent fulfilment involves disproportionate costs for modu. If the defect is not rectified despite two attempts at rectification, or if modu is unwilling or unable to rectify the defect or deliver new goods, or if the rectification or delivery of new goods is not carried out within a reasonable period of time, or if subsequent fulfilment fails for other reasons, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price (abatement).
a) modu is otherwise contractually, pre-contractually and extra-contractually liable for damages or compensation for futile expenditure caused by modu, its legal representatives, employees or vicarious agents only in the event of intent or gross negligence or in the event of culpable breach of material contractual obligations (cardinal obligations) or in the event of culpable injury to life, limb or health. Except in the case of intent or gross negligence, modu is liable at most for foreseeable damage typical of the contract.
b) In the event of default, modu shall be liable for a maximum of 5% of the order value.
c) Claims for damages against modu shall become statute-barred 12 months after they arise, unless they result from an unauthorized or deliberate act.
d) The limitation of liability also extends to the personal liability of modu’s employees, legal representatives and vicarious agents.
e) Claims under the Product Liability Act, on account of fraudulent misrepresentation or on the basis of a guarantee given by modu for the quality of the purchased item remain unaffected, as does the right to demand compensation for damages instead of fulfillment.
6. Place of performance, legal venue
The place of fulfilment and exclusive place of jurisdiction is Idar-Oberstein. Modu is entitled to sue the customer at any other place where there is a statutory place of jurisdiction.
7. Applicable law, subsidiary agreements, written form
a) German law shall apply to the exclusion of the UN Sales Convention.
b) Oral subsidiary agreements do not exist.
c) If a declaration of the written form is required by the GTC, this requirement is not met by transmission by fax or e-mail.
Idar-Oberstein, den 07.01.2020