Terms and conditions

1. Scope

The following Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

The following applies vis-à-vis 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.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with ModiTech Service GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted.

We accept your offer within two days by

sending an acceptance declaration in a separate e-mail, or
where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected in each case (see "Payment").

The alternative relevant to you depends on which of the listed events occurs first.

3. Contract language, storage of contract text

The language(s) available for concluding the contract: German

We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in your customer login.

4. Requirements and handling of customer content

4.1 Requirements

If fulfilment of the order requires you to provide us with content (e.g. texts, data, files), the technical options available for this purpose and any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any substantive or editorial review before performing the order.

4.2 Compliance with applicable law

The content and the products to be created from it must at all times comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademark rights or other intellectual property rights), nor may they contain or serve purposes involving content that glorifies violence, is discriminatory, racist, xenophobic, otherwise immoral or hostile to the constitution.

4.3 Indemnification

You shall indemnify us against third-party claims asserted in connection with an infringement of their rights through our use in accordance with the contract. You shall also bear the necessary costs of legal defence, including all court and lawyers' fees at the statutory rates. The indemnification shall not apply insofar as you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information required to examine the claims and for our defence.

4.4 Reservation of the right to withdraw

We reserve the right to reject the order or withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is reasonable suspicion of such a violation. This applies in particular where content is provided that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

5. Assembly

The provision of assembly services requires an express agreement.

5.1 Selection of the service provider

At our discretion, we provide the service either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.

You are entitled to select a specific person to perform the service only if and to the extent that this is expressly stated in the applicable service description.

If and to the extent that third parties are used to perform the service, we remain fully responsible for the performance of the contractual obligations.

Before using third parties, we will assess them with regard to their reliability and suitability in terms of professional training, experience and/or ability to perform the service in accordance with the contract and will oblige them accordingly.

5.2 Access to the assembly location

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

6. Delivery conditions

6.1 Shipping costs

In addition to the product prices stated, shipping costs are incurred for standard shipping. Further details on the amount of the shipping costs can be found in the respective offers.

6.2 Delivery options

We ship the products to the delivery address specified during the ordering process.

In principle, you have the option of collecting the goods from ModiTech Service GmbH, Bernsdorfer Str. 291, 09125 Chemnitz, Germany, during the following business hours: by appointment.

6.3 Delivery by freight forwarder

Appointment arrangement

For deliveries by freight forwarder, the forwarding company commissioned by us will contact you for the purpose of arranging a delivery date.

Place of delivery

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

7. Payment

7.1 Prices

The prices stated at the time of the order apply. These are total prices and include statutory value added tax.

7.2 Due date and default in payment

The price is due upon conclusion of the contract unless a later date results from the following payment terms.

The following applies to consumers: In the event of default in payment, we reserve the right to charge you a fee of EUR 1.50 for the second and each subsequent reminder. You may prove that a lower loss was incurred. Further claims remain unaffected.

The following applies to entrepreneurs: In the event of default in payment, we reserve the right to charge you the statutory default interest at a rate of nine percentage points above the base interest rate as well as a flat fee of EUR 40. Further claims remain unaffected.

7.3 Payment methods

The following payment methods are generally available to you in our shop.

Advance payment If you select advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment on collection You pay the invoice amount in cash upon collection.

Cash on delivery You pay the purchase price directly to the delivery agent. Additional costs of EUR 10.95 apply.

SEPA direct debit By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking business day in advance (so-called prenotification). A banking business day is any working day with the exception of Saturdays, nationwide public holidays and 24 and 31 December of each year. Your account will be debited after the goods have been dispatched.

Amazon Pay

In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be carried out by Amazon Pay within one banking business day after the order is placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on whether these methods are offered; any additional payment methods offered individually concern your legal relationship with Amazon Pay. Further information can be found in your Amazon Pay account.

Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.

Purchase on account via Klarna The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on whether these methods are offered; any additional payment methods offered individually concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Credit card via Klarna You enter your credit card details during the ordering process. Klarna will charge your card immediately after the order is placed. No address or credit check is carried out.

Direct debit via Klarna You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited after the goods have been dispatched.

Instalment purchase via Klarna You can pay the invoice amount in up to 36 monthly instalments. A down payment may be required for some orders. The due dates are governed by Klarna's payment schedule. The Klarna instalment purchase payment method can only be used by consumers. Klarna may offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account (e.g. interest-free instalment plans). However, we have no influence on whether these methods are offered; any additional payment methods offered individually concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Pay now via Klarna In order to pay the invoice amount using Klarna's Pay Now service, you must have a Klarna account and a bank account enabled for online banking, authenticate yourself accordingly and confirm the payment instruction. No credit check is carried out when using Pay Now. Your account will be debited immediately after the order is placed. Further information is provided during the ordering process.

PayPal, PayPal Express

In order 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, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be carried out by PayPal after you have received the goods. Further information is provided during the ordering process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on whether these methods are offered; any additional payment methods offered individually concern your legal relationship with PayPal. Further information can be found in your PayPal account.

PayPal

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.

PayPal, PayPal Express

In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed.

Credit card via PayPal Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited before the goods are dispatched.

Purchase on account via PayPal Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Invoice The invoice amount is due for payment by bank transfer to the bank account specified on the invoice 7 days after receipt of the invoice and the goods. We reserve the right to offer purchase on account only after a successful credit check.

8. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

9. Retention of title

The product remains our property until payment has been made in full. The following also applies to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such 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, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves insofar as you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage

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

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

11. Data backup

You are responsible for properly and regularly backing up your data. We are not liable for damage resulting from the loss of data insofar as you could have avoided the loss of data by means of regular and complete data backups.

The above limitation does 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 an intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the German Product Liability Act is opened.

12. Warranty and guarantees

Liability for defects

Unless expressly agreed otherwise, the statutory law governing liability for defects applies.

The following limitations and shortened limitation periods do 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 an intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the German Product Liability Act is opened.

Limitations vis-à-vis entrepreneurs

Vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions incorporated into the contract shall be deemed agreed characteristics of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item which, in accordance with its customary use, has been used for a building and has caused its defectiveness. Used goods are sold with all warranty liability excluded.

The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Notice for merchants

Among merchants, the duty to inspect and give notice of defects governed by Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice provided for therein, the goods shall be deemed approved unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

Information for consumers

When purchasing goods, the warranty period has a minimum duration of two years. With regard to warranty rights for goods, please also note the harmonised notice pursuant to Commission Implementing Regulation (EU) 2025/1960 (so-called warranty label).

We would like to inform you that, when selling used goods to consumers, we may shorten the limitation period for rights arising from defects to one year from delivery of the goods, provided that we inform you separately of this and this is expressly and separately agreed.

Guarantees and customer service

Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on working days from 9:00 a.m. to 5:00 p.m. by telephone at +49 (0) 371 / 50 340 270 and by e-mail at support@moditech.de

13. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited

in the event of injury to life, limb or health,
in the event of an intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the German Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), caused by slight negligence on our part or on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur. Otherwise, claims for damages are excluded.

14. Code of conduct

We have submitted to the following codes of conduct:

Trusted Shops (https://business.trustedshops.de/quality-criteria-de)

15. Dispute resolution

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent body is the Federal Universal Arbitration Board at the Centre for Arbitration (Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.), Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.

16. 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 (CISG).

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, our registered office shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.

Should individual clauses of these Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.