Terms and Conditions (as of August 2025)

MODEO
Vincenzo Grasso

Neckarstraße 4
71691 Freiberg am Neckar , DE

Tel: +49 (0) 157 81237001‬‬

Email: Contact@modeoaccessories.de

§ 1 Scope

(1) The services provided by the supplier for the online shop at the URL www.samaderm.de are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.

(2) Our terms and conditions apply exclusively. Terms and conditions of the purchaser that deviate from our General Terms and Conditions are not valid unless we expressly agree to them.

§ 2 Conclusion of Contract Exclusively with Entrepreneurs

We do not enter into contracts with consumers as defined by § 13 BGB. All prices are inclusive of statutory VAT, unless otherwise specified.. We are entitled to verify the entrepreneurial status of our contractual partners at any time.. For this, we can specifically request appropriate proof from the customer.. If the customer does not comply with such a request or if we have indications that the entrepreneurial status is missing, we are entitled to withdraw from an already concluded contract.

§ 3 Conclusion of Contract

Our online offers represent a non-binding invitation to the customer to order goods or services.. By submitting the order (clicking the „Buy Now“ button) on our website, the customer makes a binding offer to enter into a contract.

(2) The confirmation of receipt of the order follows immediately after the order is submitted and generally does not yet constitute acceptance of the contract.. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (email), with the receipt of the order confirmation by you being decisive, or by delivering the ordered goods, with the receipt of the goods by you being decisive, or by requesting payment from you after placing the order (e.g.. with PayPal payment). If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first.. If we do not declare acceptance within the aforementioned period, this will be considered a rejection, with the result that you are no longer bound by your declaration of intent.

§ 4 Payment, Default

The prices listed on our website at the time of ordering apply.. All prices include the statutory VAT and are subject to additional shipping costs as listed.

(2) If the purchaser is in default of payment, we are entitled to charge default interest at a rate of five percentage points above the base interest rate of the European Central Bank.. In the event that we claim further damages for delay, the purchaser has the opportunity to prove that the claimed damages for delay have not occurred at all or are at least significantly lower.

§ 5 Retention of Title

The seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been fully settled.

The customer is entitled to resell the reserved goods in the ordinary course of business.. The customer hereby assigns to the provider all claims arising from this against third parties in the amount of the respective invoice value (including VAT) in advance.. This assignment applies regardless of whether the reserved goods have been resold without or after processing.. The customer remains authorized to collect the claims even after the assignment. The provider’s authority to collect the claims themselves remains unaffected.. However, the seller will not collect the claims as long as the customer fulfills their payment obligations to the seller, does not fall into arrears, and no application for the initiation of insolvency proceedings has been filed.

§ 6 Delivery

Delivery generally takes place within 2–5 business days after receipt of payment.. We indicate any differing delivery times on the respective product page.. The start of the delivery time we specify requires the timely and proper fulfillment of the customer’s obligations, particularly the correct provision of the delivery address as part of the order.

(2) If the supplier is unable to deliver the ordered goods through no fault of their own because the supplier’s provider has not fulfilled their contractual obligations, the customer will be informed immediately that the ordered goods are not available.. Any payments already made by the contracting party will be refunded immediately.. The customer’s legal rights remain unaffected.

(3) The risk of deterioration or loss of the goods transfers to the purchaser upon handing over the delivery item to the transport company.. If the handover or dispatch is delayed for reasons attributable to the purchaser, the risk transfers to the purchaser on the day the readiness for dispatch of the delivery item is communicated.

§ 7 Default of Acceptance

If the customer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for the damage incurred by us, including any additional expenses.. Further claims are reserved. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the provider had announced the service to them a reasonable time in advance.

(2) The purchase price is subject to interest during the delay.. The default interest rate is five percentage points per annum above the base rate.. In transactions between businesses, the interest rate is eight percentage points above the base rate.

(3) The customer reserves the right to prove that the damage did not occur at the claimed amount or is at least significantly lower.. The risk of accidental loss or accidental deterioration of the purchased item transfers to the buyer at the moment they fall into acceptance or debtor default.

§ 8 Warranty

(1) If the purchased item is defective, the provisions of statutory liability for defects apply.. Notwithstanding this, it applies that

– a minor defect does not generally constitute a basis for warranty claims;
– that the seller has the choice of the type of supplementary performance;
– the statute of limitations does not restart when a replacement delivery is made under the warranty for defects.

(2) The aforementioned liability limitations and reductions in the statute of limitations do not apply

– for items that have been used in accordance with their usual purpose for a structure and have caused its defectiveness,
– for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
– for other damages resulting from an intentional or grossly negligent breach of duty by the seller or from an intentional or grossly negligent breach of duty by a legal representative or agent of the user, as well as
– in the event that the seller has Ms.dulently concealed the defect.

(3) Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.

(4) If the customer acts as a merchant within the meaning of the. According to § 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with § 377 HGB.. If the customer fails to comply with the notification obligations stipulated there, the goods are considered approved.

§ 9 Liability and Indemnification

The provider is liable to the customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

(1) The provider is liable without limitation on any legal grounds
– in cases of intent or gross negligence,
– in cases of intentional or negligent injury to life, body, or health,
– due to a warranty promise, unless otherwise specified in this regard,
– due to mandatory liability such as under the Product Liability Act.

(2) If the provider negligently breaches a fundamental contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless unlimited liability is provided for in accordance with the preceding clause.. Essential contractual obligations are duties that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

(3) Furthermore, the provider’s liability is excluded.

(4) The aforementioned liability provisions also apply with regard to the provider’s liability for its agents and legal representatives.

The customer indemnifies the operators against any third-party claims—including the costs of legal defense at their statutory rate—that are asserted against the providers due to unlawful or contract-violating actions by the customer.

§ 10 Data Protection

We treat your personal data confidentially and in accordance with legal data protection regulations.. Your data will not be shared without your explicit consent.. only as part of the necessary execution of the contract, for example, to the companies entrusted with the delivery of the goods. Please refer to ourPrivacy Policy.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at our location in Mülheim an der Ruhr shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute.. This also applies if the customer does not have a residence within the European Union.

(3) If any provision of this agreement is invalid or unenforceable, the remaining provisions of this agreement shall remain unaffected.