General Terms and Conditions of mode…information GmbH for business transactions with private customers (consumers), as of 1 January 2020
§ 1 General
These terms and conditions apply only to consumers in accordance with § 13 BGB.
We only work to our following terms and conditions, which you accept by ordering goods from the Internet or our offers. This also applies to online, fax and telephone orders. Our identity and address can be found in the imprint.
Our offers are subject to change without notice. Illustrations, drawings, descriptions, etc. in offers, price lists and the Internet are created or determined in the best possible way. Unless they are expressly designated as binding, we reserve the right to make minor deviations.
§ 2 Prices
The delivery prices at the time of the order are valid, as they are shown on the website as prices for end customers. During the payment process, the value added tax to be paid is clearly indicated.
§ 3 Order
Orders of goods from the online shop are accepted by us via data transmission from the Internet. Usually the goods are shipped within 48 hours if the goods are in stock. The delivery period is always subject to correct and timely delivery to us. If the goods are no longer available, the contract can be revoked by both parties.
If a publisher discontinues a product without mode…information GmbH being responsible for this, then the customer of a subscription who has made an advance payment shall only be entitled to a pro-rata refund in the amount of the amount attributable to the products not yet delivered. A claim for damages against mode...information GmbH is excluded in this case.
In the event of a product discontinuation, mode…information GmbH has the right to deliver a replacement product with similar content to the ordering party. The ordering party has the right to return the replacement product if it is not to his liking.
§ 4 Duration of contract for subscriptions
A subscription begins with the next available issue and is taken out for the term specified in the product description. It is automatically renewed for the same term if the cancellation is not made in writing with a notice period corresponding to at least 25% of the term (for example 3 months for a term of 12 months) before expiry. The date of receipt by mode…information GmbH is decisive for the timeliness of the termination.
§ 5 Terms of delivery
The customer bears the shipping costs. The packaging costs are included in the price.
§ 6 Securing of retention of title
§ 7 Unauthorized returns
Unauthorized returns will be kept for four weeks and then destroyed. If the goods are to be delivered again, the customer bears the shipping costs. Goods that have been made up or processed at the customer's request are generally excluded from return and exchange.
§ 8 Terms of payment
The purchase price is paid during the ordering process according to the payment method chosen by the customer.
§ 9 Right of revocation and return
The customer is entitled to the statutory right of revocation. The details of his right of revocation are contained in the revocation instruction. The invoice amount will be refunded within 14 days in case of an effective revocation on the account indicated by the customer. In connection with the return, we ask the customer to return the goods to us in the original packaging, together with a copy of the invoice and with the note "return". We hereby expressly reserve the right to claim compensation due to damage to the goods caused by improper handling or external influences.
§ 10 Legal liability for defects / Statute of limitations
The customer must examine the received goods for completeness, transport damage and obvious defects. In the case of obvious defects, we are only obliged to provide warranty if the customer notifies us in writing within four weeks of delivery of the goods. In this case we are obliged to provide supplementary performance, for which the customer must grant us a reasonable period of time for supplementary performance.
Subsequent performance may be followed, at the customer's option, by elimination of the defect or delivery of new goods. We are entitled to refuse the type of subsequent performance chosen by the customer if it is only associated with disproportionate costs. During the subsequent performance, reductions of the purchase price or withdrawal from the contract by the customer are excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt. The customer shall only be entitled to withdraw from the contract or to reduce the purchase price if the subsequent performance has failed or if we have refused subsequent performance altogether.
The customer can only assert claims for damages on the following conditions due to a defect if the supplementary performance has failed or if we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
The customer's warranty rights shall become statute-barred within 2 years from delivery. The prerequisite for warranty is proof of entitlement by means of a copy of the invoice.
Our liability is limited to the intentional or grossly negligent breach of material contractual obligations and is limited to the typical damage foreseeable at the time of conclusion of the contract. This limitation shall not apply to damages resulting from injury to life, body or health, irrespective of the degree of fault, and shall not apply to claims due to malicious conduct and to claims under the Product Liability Act.
§ 11 Withdrawal
We shall be entitled to withdraw from the contract if we are unable to deliver the object of sale due to force majeure and inform the customer immediately of the unavailability of the goods and immediately refund the amount already paid.
§ 12 Data protection
§ 13 Copyrights
Copyright as well as all publishing rights and copyrights to the delivered products belong to the publisher of the respective product. The commercial use and reproduction of the texts, photos and other product content is prohibited. This applies to all products and the entire internet offer of mode…information GmbH.
§ 14 Changes
Any change to these terms of delivery and payment requires our written confirmation to be valid. If these terms and conditions of delivery and payment are partially modified by written agreements, the remaining agreements shall remain unaffected.
§ 15 Partial invalidity
Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to agree an effective provision in place of the invalid provision which, as far as legally possible, comes closest to the economic purpose pursued by the invalid provision, taking into account the interests of the parties expressed in the contract.
§ 16 Place of performance, place of jurisdiction, applicable law, final provisions