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

1. The delivered goods shall remain our property until full payment of all claims arising from the business relationship, including all subsidiary claims. If the customer acts in breach of contract, in particular in case of default of payment, we are entitled to take back the purchased goods. Our taking back of the object of sale does not constitute a withdrawal from the contract, unless we have expressly declared this in writing. After taking back the object of sale, we shall be entitled to exploit it. The proceeds of the sale shall be set off against the customer's liability less reasonable costs of sale.
2. The customer is obliged to treat the object of sale with care. In particular, he is obliged to insure it sufficiently at his own expense against fire, water and theft at replacement value. If maintenance and inspection work is necessary, the customer must carry this out in good time at his own expense.
3. In the event of seizure or other interventions by third parties, the customer must inform us immediately in writing so that we can take legal action in accordance with § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
4. The customer is entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) accruing to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The purchaser remains entitled to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and in particular no application for the opening of bankruptcy or composition proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
5. The processing or alteration of the object of sale by the customer is always carried out for us. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing. For the rest, the same shall apply to the object resulting from processing as to the object of sale delivered under reservation of title.
6. If the object of sale is inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other mixed objects at the time of mixing. If the mixing is carried out in such a way that the object of the purchaser is to be regarded as the main object, it is deemed to be agreed that the purchaser transfers proportional co-ownership to us. The customer shall hold the sole ownership or co-ownership thus created in safekeeping for us.
7. The orderer also assigns to us the claims to secure our claims against him, which arise against a third party through the connection of the object of sale with a property.
8. We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is at our discretion.

§ 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

You can find our privacy policy here

§ 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

1. The place of performance for business relations with merchants who are not traders as defined in § 1 para. 2, 2nd half sentence of the German Commercial Code, with persons under public law or with special funds under public law or with persons who have no place of jurisdiction in Germany is our registered office.
2. The place of jurisdiction for all disputes arising from the business relationship with the aforementioned persons is our registered office; however, we are also entitled to sue the customer at the court of his place of residence.
3. The law of the Federal Republic of Germany applies; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. Should individual parts of these General Terms and Conditions be legally ineffective, the effectiveness of the remaining provisions shall not be affected.
5. Only the German language version of the above conditions is legally binding. All translations into languages other than German are for information purposes only.