Terms of Service

1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of ModularSports OHG (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his Complete the goods displayed in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email, post or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages ​​are available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN / TAN that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and submit the payment order to "SOFORT" to confirm. The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Vouchers are given to the customer as follows:
- by email
- by post

6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Special conditions for assembly / installation services
If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods to the customer and, if necessary, corresponding preparatory measures (e.g. measurement), the following applies:
8.1 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
8.2 The customer must provide the seller with the information necessary for the provision of the owed service completely and truthfully, provided that its procurement does not fall within the obligations of the seller according to the content of the contract.
8.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owed. The customer ensures that the seller or the personnel commissioned by him has access to the relevant facilities of the customer on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work has been completed and the goods are handed over to the customer.

9) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
9.1 Repair services are provided at the seller's headquarters.
9.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
9.3 The customer must provide the seller with all information necessary for the repair of the item, provided that its procurement does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error found.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own risk and expense. The seller recommends that the customer take out transport insurance. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damage so that he can assert his existing rights against the carrier.
9.5 The goods are returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
9.6 The aforementioned regulations do not limit the customer's statutory rights to defects in the event that goods are purchased from the seller.
9.7 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

10) Redemption of campaign vouchers
10.1 Vouchers that are issued by the seller free of charge as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Promotion vouchers can only be redeemed by consumers.
10.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
10.4 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
10.5 Only one campaign voucher can be redeemed per order.
10.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.8 The balance of a campaign voucher is neither paid out in cash nor is interest paid.
10.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.10 The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

11) Redeeming gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
11.8 The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

12) Applicable Law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

13) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so.