These are the general terms and conditions of the company Modderna.
All deliveries and services of Modderna Design (hereinafter referred to as Modderna) made solely on the basis of the terms set out below. Contractor is expressly prohibited. Different rules are only valid if they have been laid down in writing and confirmed in writing by us. The following conditions apply to all contractors (individuals and legal entities). Deviating special provisions, in particular for consumers are reported separately.
2. Conclusion of Contract
The offers on the Internet represent a non-binding invitation to the customer and are always subject to change. Other agreements, contracts, verbal collateral agreements and guarantees of employees or representatives shall become binding only with our written confirmation. The order confirmation, as well as the receipt of a telephone order make no legally binding acceptance on our part. The offer acceptance by us will only be by bringing the goods to be sent to you. You will receive within 2 working days a written confirmation by email and then within 10-20 days a shipping confirmation. However, the customer is bound to his offer a maximum of 30 days. Contract is the goods ordered by the customer. With regard to the nature of the Offer description 1 rate applies Provided that our order confirmation states otherwise, our prices are valid for deliveries “ex works”. Freight, postage, packaging, insurance and delivery will be charged separately.
3. Cancellation, Withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or if the goods are delivered before the deadline revoked by returning the item. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery).
Consequences of Withdrawal
If you can not or in part, or return them only in deteriorated condition give us the performance received and benefits (eg benefits), you have to pay us compensation. For the deterioration you must pay compensation only in so far as the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By “testing the properties and functioning” means the testing and trying out the goods as is possible and customary in a shop. Aerodynamics products must always be checked before sanding and painting to fit. You bear the direct cost of returning the goods for parcel post. For freight forwarding goods to bear the direct cost of returning the goods they paid 39.90 EUR per package or more. The return shipping costs for freight forwarding goods from abroad are much higher and are within the EU between 89.00 to 199.00 euros and from the third country and 649.00 Euro 229.00 between. Per package. Non-transportable goods will be picked up (within EU) by the forwarding Transoflex. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation [or thing], for us with receipt of the goods. The right of withdrawal does not apply to commercial purchasers.
We would like to point out the following:
A right does not,
– Were where the goods were manufactured to customer specifications or clearly tailored to your personal needs or which are not suitable due to their condition for a return;
– The delivery of audio or video recordings and software if the delivered data carriers have been unsealed by you;
In case of unauthorized withdrawal by the customer, shall not be entitled to reclaim the deposit if the Modderna at the time of withdrawal.
1) has already begun with the execution of the work or
2) ordering the required parts of the vehicle has communicated to the supplier.
The supporting documentation shall furnish such Modderna.
End of revocation.
All products are immediately available from stock when delivered. Delivery will be made both within Germany and in EU countries.
The delivery time within Europe is, unless otherwise stated in the offer a maximum of 20 working days.
For international deliveries, the delivery period unless otherwise stated in the offer a maximum of 30 working days.
Should an item not in the short term to be available, we will inform you by e-mail about the expected delivery time, provided we have your address from you and any prepayment will be refunded immediately.
The statutory claims remain unaffected.
5. Packaging and shipping costs
We offer the following delivery options:
For delivery within EU countries and packing costs will be charged as defined in the offer shipping price. For each order, the shipping costs are displayed and communicated separately.
In order to implement our obligations under the Packaging Ordinance, we concurred with the DSD system. You have the option to return the package of sales to us as consumers. We are the packages then gem. the provisions of the Packaging Ordinance exploit. The dual system has set up in the immediate vicinity of the transfer place where the goods collection, in which you can interject the packaging. You will incur no costs. If a package without the DSD system to be sold, you have the option to return the package to us by post. The cost of the mailings assumes Modderna.
6. Payment, Retention of Title
All prices are gross prices in Euro, include the VAT of 23% (Portuguese tax). There valid on the day of order prices valid.
For delivery within EU countries, the payment is possible only in advance. The customer is obligated to pay the purchase price immediately after contract conclusion by bank transfer to our account. Please contact us by email an order confirmation with the exact bank account. Therefore, please enter your email address and necessarily your phone number in the order form, and we will get in touch with you. Please enter your name and the order number with your payment as so that we can allocate your payment receipt of order.
Until full payment of the delivered goods remain our property. About execution activities in the reserved goods, the customer shall immediately inform and hand over the necessary documents for an intervention us; This also applies to infringements of any other kind. Regardless, the customer must have been in advance to third parties on the existing rights to the goods.
If transport damage to the goods are found, we ask the receiver immediately report the damage to the carrier (shipping service) to make. Other obvious damages are please to make within 14 days after receipt of the goods to us in writing. The observance of these days, however, has no consequences for your legal rights. Apply the statutory provisions.
Refrain from the notification, the goods are considered approved. Shows later this deficiency, the announcement must be immediately done after the discovery; otherwise the goods shall also in view of this lack as approved.
We are not liable for deficiency, which arose as a result of incorrect handling, normal wear and tear or due to external influences.
It is subsequently built accessories. Variations in the fitting accuracy compared to the original parts are to be accepted up to 20%. Even through the differences and individuality of each car can produce different gap sizes. Please also note that plastic parts have a different texture than the rest of the body and thus can color differences arise after painting.
In case of faulty deliveries or services Modderna Design grants an opportunity to give to inspect the defect notified. The review by the Modderna Design has to take place immediately, if the contractual partner explains his interest in immediate settlement. Without approval of the design must be changed Modderna found faulty goods and / or services not otherwise the contractor loses his warranty claims.
In provable material or implementation defects Modderna design can eliminate the defect free, free to make return of the defective goods either replacement or credit the invoice value or provide the contractors with proper respect for its interests reduction choice. Deviating imperative legal provisions in favor of consumers remain unaffected.
Modderna Design be liable in case of intent or gross negligence in accordance with statutory provisions. The liability for guarantees is at fault. For slight negligence the Modderna Design is exclusively liable under the provisions of product liability law, due to injury to life, limb or health or because of breach of contract. The claim for damages for the slightly negligent breach of fundamental contractual obligations is limited to typical, foreseeable damage if there is no liability for injury to life, limb or health. For the negligence of agents and representatives the Modderna Design adheres to the same extent.
The provision of the preceding paragraph shall apply to damages in addition to performance, the damages instead of performance and the claim for wasted expenditure, for whatever legal reason, including liability for defects, delay or impossibility.
9. Data Protection
Modderna Design is entitled to store the personal data of the contractual partner through electronic data processing and process.
All logos, images and graphics are the property of their respective companies and are subject to copyright of the licensor. All photos shown on these pages, logos, texts, reports, scripts and programming routines, which are proprietary developments of us or have been prepared by us, may not be copied without our consent or otherwise used. All rights reserved.
11. Links on our sites
Our site contains links to external websites, over which we have no influence.
By judgment of 12 May 1998 – 312 0 85/98 – “Liability for links” the regional court Hamburg decided that one is responsible the contents of the linked site by placing a link. This can – so the LG – only be prevented by explicitly distancing oneself from these contents.
We hereby dissociate ourselves explicitly from all contents of all linked pages on our website. This statement applies to all links provided on our websites.
We can not accept any liability for these strange contents also. The respective provider or operator of such sites is always responsible for the contents of any Linked Site.
The linked sites were checked at the time of linking for possible legal violations. Illegal contents were at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately.
12 used parts
Our sales are final. Being removed from vehicles (original or scrap parts), Modderna Design does not assume any responsibility. A replacement is excluded. This regulation does not apply to parts that are charged or proceed in any other way the property of Modderna Design.
13. Final Provisions
With an order the general terms and conditions of the Design Modderna be recognized. If any provision of these Terms and Conditions, for any reason whatsoever, be invalid, the validity of the remaining provisions shall remain unaffected.
The ineffective regulation is replaced by the relevant statutory provision. If the customer has no general jurisdiction in Portugal or in another EU Member State, the sole place of jurisdiction for all disputes arising from this contract shall be our place of business.