General Terms and Conditions (as of August 2025)

MODEO
Vincenzo Grasso

Hauptstr. 2
71737 Kirchberg, DE

Tel: +49 (0) 151 24408489‬‬

Email: kontakt@modeoaccessories.de

§ 1 Scope of Application

(1) The services provided by the supplier for the online shop at the URL www.modeoaccessories.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 buyer that deviate from our General Terms and Conditions are not valid unless we expressly agree to them.

§ 2 Conclusion of Contract

(1) Our online offers constitute a non-binding invitation for 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 conclude a contract.

(2) The confirmation of receipt of the order follows immediately after submitting the order and does not constitute acceptance of the contract. We can confirm acceptance within five days by sending a written order confirmation or a confirmation in text form (email), with the receipt of the order confirmation being decisive for you, or by delivering the ordered goods, with the receipt of the goods being decisive for you, or by requesting payment from you after placing the order (e.g., for PayPal payment). If multiple 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 accept within the aforementioned period, this will be considered a rejection, resulting in you no longer being bound by your declaration of intent.

§ 3 Payment, Default

(1) The prices listed on our website at the time of the order apply. All prices include the statutory value-added tax and are plus the listed shipping costs.

(2) If the customer falls into arrears with payment, we are entitled to demand default interest at a rate of five percentage points above the base interest rate of the European Central Bank. In the event that we assert another delay damage claim, the customer has the option to prove that the claimed delay damage has not occurred at all or has occurred to a significantly lesser extent.

§ 4 Retention of Title

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

(2) The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns all claims arising from this against third parties to the provider in the amount of the respective invoice value (including sales tax) 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 receivables even after the assignment. The provider’s authority to collect the claims themselves remains unaffected. The seller will not enforce 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.

§ 5 Delivery

(1) Delivery generally occurs within 2 to 5 business days after payment is received. We indicate any differing delivery times on the respective product page. The start of the delivery time we specified is contingent upon the timely and proper fulfillment of the customer’s obligations, particularly the accurate provision of the delivery address during the order process.

(2) If the provider is unable to deliver the ordered goods through no fault of their own because the provider’s supplier fails to meet their contractual obligations, the customer will be promptly informed that the ordered goods are not available. Any services already rendered by the contracting party will be reimbursed immediately. The customer’s statutory rights remain unaffected.

(3) The risk of deterioration or loss of the goods passes to the buyer upon the handover of the delivery item to the carrier. If the delivery or shipment is delayed for reasons attributable to the buyer, the risk transfers to the buyer on the day of notification of the readiness for shipment of the delivery item.

§ 6 Acceptance Delay

(1) If the customer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for the damage incurred as a result, 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 unable to accept the offered service, unless the provider had announced the service to them a reasonable time in advance.

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

(3) The customer reserves the right to prove that the damage claimed is either non-existent or at least significantly lower. The risk of accidental loss or deterioration of the purchased item transfers to the buyer at the moment they fall into default of acceptance or payment.

§ 7 Warranty

(1) If the purchased item is defective, the statutory liability for defects applies. In deviation from this, it is stated that

– a minor defect does not fundamentally establish any claims for defects;
– that the seller has the choice of the type of subsequent performance;
– the limitation period does not restart when a replacement delivery is made under the warranty for defects.

(2) The liability limitations and statute of limitations reductions set forth above do not apply.

– for items that have been used in accordance with their usual purpose for a building and have caused its defects,
– for damages resulting from the 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 vicarious agent of the seller,
– for any other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
– in the event that the seller has fraudulently 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 § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the display obligations outlined there, the goods will be considered approved.

§ 8 Liability and Indemnification

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

(1) The provider is fully liable for any legal reason.
– in cases of intent or gross negligence,
– in the event 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 significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Essential contractual obligations are duties imposed on the provider by the contract’s content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.

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

(4) The above liability provisions also apply to the liability of the provider for its agents and legal representatives.

(5) The customer indemnifies the operators against any claims from third parties – including the costs of legal defense in their statutory amount – that are asserted against the providers due to unlawful or contractual actions of the customer.

§ 9 Data Protection

We treat your personal data confidentially and in accordance with the legal data protection regulations. Your data will not be shared without your explicit consent, except as necessary for the fulfillment of the contract, such as with companies responsible for delivering the goods. For more details, please refer to ourPrivacy Policy.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention.

(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 has been 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 contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.