Terms and Conditions
Terms and Conditions (GTC) for orders on www.modecor.com
On the following pages you will find the general terms and conditions ( "Terms") for your registration and orders in the online shop of MODECOR FURNITURE LIMITED, 93 UPPER GEORGES STREET, DUN LAOGHAIRE, CO DUBLIN A96 V1K8 (hereinafter also "moDecor"), under the Internet domain www.modecor.com (hereinafter "modecor.com").
The law obliges especially online vendors to numerous references to the Treaty and applicable conditions. We have compiled this information and our other shipping terms for you below.
1. Jurisdiction; Deadlines
1.1 Business dealings and delivery will be exclusively made according to these terms, which are all due to the deals that are based on modecor.com negotiated contracts. Contrary to or deviating terms to the following provisions are not applicable. These terms do not apply to the purchase of moDecor goods being distributed to other online marketplaces.
1.2 If in these conditions the term "consumers" is mentioned, these are individuals for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity. "Entrepreneurs" on the other hand are natural or legal persons or partnerships with legal personality, who order for commercial, independent or freelance purposes. "Customers" within the meaning of these terms and conditions are both consumers and entrepreneurs.
1.3 If working days are specified as deadlines, so are all days including except Saturdays, Sundays and nationwide public holidays.
2. Registration on www.modecor.com
2.1 While placing an order for goods and/or creating a customer account on modecor.com you will be prompted to register, stating your personal data.
2.2 When entering your personal information required for registration, you are responsible for the accurate and complete statement. You are obligated to treat the personal access information confidential and not to make it accessible to any unauthorized third party access. The confirmation of registration takes place immediately after sending the registration.
2.3 You are solely responsible for content you post in these accessible areas. These may not violate any third party rights. An entitlement to storage or publishing your content posted, such as product reviews, does not exist.
2.4 You have to refrain from any interference with the website modecor.com or further use of data accessible outside of each platform provided for internal use. Proven manipulations with the aim of obtaining unauthorized payments or other benefits to the detriment of moDecor or other stakeholders can lead to modecor.com legal consequences and especially loss of access. Customers are eligible to use the online service depending on availability. The use of the contents is solely for own private, non-commercial purposes.
2.5 Each customer is only entitled to entertain one customer account. We reserve the right to delete multiple registrations to warn customers who violate the provisions referred to in paragraphs 2.1 to 2.4, or to delete or edit content (Virtual house right).
2.6 A claim for permanent availability of the website or access to the data or other services provided does not exist. moDecor assumes no guarantee that the platform or part of the services are permanently available.
3. Order process; Correction possibilities; Storage capability and insight into treaty text
3.1 We have designed the technical ordering process quite simply just for you. Choose one item under the offers of modecor.com and determine the desired quantity of the item to be ordered. To prepare the order of the selected item, you save it in your shopping cart by clicking the button "Add to cart". You can now through the button "Continue Shopping" return to the Catalog view and select other items and as described add to cart. To continue the order of the selected items, click on the button "To the Shopping Cart".
3.2 In the shopping cart, you can once again check the number of selected items, and correct or remove individual items from the shopping cart or by clicking "Continue Shopping" buy other products. By clicking the button "Checkout" you will be guided in further steps to appeal to your existing registration or to enter your data. You (i) can then specify a different delivery address, (ii) will be asked to accept the present general conditions, the withdrawal force and the applicable privacy policies and notes, (iii) can choose one of the payment options offered to you, and (iv) before submitting your order check your data and correct if necessary. The completed order be can saved at this point or printed with the function of your browser. The order will only be completed legally binding by clicking the button "Buy".
3.3 You may look at these conditions on the Store page www.modecor.com under "Conditions". You can further print or save this document by using the usual function of your Internet utility program (= browser: usually "File" + "save as") and download and archive it in PDF form.
3.4 A storage of the contract although takes place. However, the text of the contract cannot later be retrieved separately. The contract, however, can be printed or saved before sending it off. You can also additionally simply archive the data of your order by either (i) downloading the terms and save the data summarized on the last page of the order process in the internet shop by using the functionality in your browser or (ii) wait for the automatic order confirmation and automatic confirmation of the contract, which we can additionally mail you after completing your order to the email address specified by you. These emails contain once more your order details and can easily be printed out or stored with your email client.
3.5 Your order data are stored with us, but are not directly accessible by you for security reasons. We offer each customer a password-protected direct access to your order information ("Account"), which can be reached via the "Register" button. Here you can after appropriate registry view information about your past orders and your address data, any payment data and manage and store an eventual newsletter.
4. Payments; Due dates
4.1 In principle, Payment in advance, credit card and invoice are available to you. However MoDecor reserves the right on every order, not to offer certain methods of payment and to refer to other types of payment. An entitlement to a particular method of payment does not exist.
4.2 In case of a purchase with a credit card (Visa, MasterCard, possibly other credit cards) first a (pre-authorized) reservation of the amount when the order is completed will take place. The charge of your credit card account takes place only with shipment of the goods, but not later than 14 days after completion of the order.
4.3 If you have decided for the payment on account we reserve ourselves the right in the event of a refusal to pay, for example, if the transmission is incorrect or incomplete address information are furnished, to gather a credit check through our partner Bürgel Business Information GmbH & Co. KG, PO Box 500 166, 22701 Hamburg.
4.4 Please note that we accept payments only from accounts within the European Union (EU). In no event will we assume the cost of a money transaction.
4.5 Modecor reserves the right (currently via e-mail) to send any invoices to customers in electronic form.
5. Language; Conclusion of the contract
5.1 Contracts for Products offered on moDecor, can be closed exclusively in German language.
5.2 The presentation of products in our online shop are not a legally binding offer, but merely a non-binding online catalog. By clicking the button "Buy" you enter a binding offer to purchase the products in the shopping cart.
5.3 The confirmation of the technical receipt of your order follows immediately after receipt of the order with us via e-mail to your registered e-mail address. This confirmation of receipt does not constitute acceptance of your order.
5.4 A binding contract for the purchase of the items covered by your order takes effect when your order is accepted. The assumption can be made by the following circumstances: The customer's order is (i) assumed by a separate declaration of acceptance by e-mail or (ii) the customer is prompted in advance to pay or (iii) the customer uses the offer and closes his order with payment via PayPal. If the customer chooses the payment options via credit card, invoice purchase or hire purchase, the contract takes effect with delivery of the goods to the customer.
5.5 The customer is bound for 5 working days to his/her respective order. For orders of furniture that moDecor does not have in stock, the clarification of the order can turn out to be time consuming. Here the customer is bound to his/her order for the delivery time specified in the offer, however, for a maximum of 3 weeks.
6. Prices; Shipping Costs; Additional services
6.1 The prices quoted in the offer at the time of order are binding. The prices quoted are inclusive, which means, they contain the valid Britannic VAT and other price components.
7. Availability; Procurement risk; Elimination of the obligation to deliver; Extension of delivery times; Transfer of risk; Delay; Delivery Area
7.1 Many of the goods offered on modecor.com are directly held in stock by us, which is limited to the respective storage amount due to the variety of types only to standard household consumer quantities. If you as a company wish to place larger orders, please inquire about the availability previously.
7.2 A procurement risk is not borne by us, even with a purchase agreement for a generic commodity. We are only obliged to deliver goods from our stock and the goods ordered from our suppliers.
7.3 The obligation of moDecor to supply is void if moDecor is not supplied correctly and on time despite proper congruent hedging transactions itself and is not responsible for the lack of availability, you have been informed immediately and no risk of procurement was adopted. In case of unavailability of the goods any advance payment will be refunded immediately.
7.4 The delivery time extends appropriately in the case of supply debilitating circumstances caused by force majeure. Acts of God are equal to strikes, lockouts, official interventions, energy and raw material shortages, involuntary transport bottlenecks, non-culpable operational obstacles, for example by fire, water and damage to machinery and any other obstructions, which have not been brought about by us from an objective point of view. Beginning and end of such obstacles will be communicated immediately. If the impediment in the aforementioned cases takes place over a period of more than 4 weeks after the originally applicable delivery times, you are entitled to cancel the contract. Further claims, especially for damages, do not exist.
7.5 For consumers, the risk of accidental loss and accidental deterioration of the goods sold proceeds to the consumer or a particular recipient after delivery. This applies regardless of whether the delivery takes place insured or not. The handover is the same, if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods proceeds over to the buyer with the delivery, with the dispatch of the purchase to the carrier or the otherwise determined person or institution to execute the dispatch.
7.6 If it is agreed that the customer will specify in his order to moDecor e.g. with respect to dimensions, design or model in more detail and the customer has exceeded the agreed deadline for the specification, a delay thus created will not be at the expense of moDecor. The right is reserved to remove the non-time-specified contract completely or partially.
7.7 If the customer is in default of acceptance, it remains to moDecor, to sell the goods to a third party or to make the original customer liable for any loss.
7.8 If the customer is in default with a payment obligation, all existing claims of moDecor against this customer will be due.
7.9 Delivery is only within the Federal Republic of Germany, Austria and Switzerland.
8. Statutory Right of Withdrawal for consumers
(1) You have the right to withdraw from this contract within 14 days without giving any reasons. The cancellation period begins on the day of the reception of the goods. The return of the goods from the contractual cancellation is free of charge.
The law provides for cases in which the right of withdrawal does not apply (§ 312 para. 4 BGB). For the following offers a right of withdrawal does not exist: The right does not apply to distance contracts for the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return.
(3) The following is an instruction about the conditions and consequences of the legal right of withdrawal for shipping orders. A beyond the law contractual concession of rights is not involved. In particular, the statutory right of revocation applies to non-commercial resellers.
Consumers have the following right of withdrawal:
You can cancel your contract in writing within 14 days without giving reasons (e.g. letter, fax, e-mail.) or - if the goods are ceded to you before the deadline expires – also by returning the goods. The period begins upon receipt of this instruction in writing, but not before receiving the goods by the consignee (in case of recurring deliveries of similar goods not before receiving the first partial delivery) and also not before fulfillment of our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. To safeguard the withdrawal period, it is sufficient to send the revocation or the goods.
The revocation must be sent to:
MODECOR FURNITURE LIMITED
93 UPPER GEORGES STREET
CO DUBLIN A96 V1K8
Phone: +44 (0) 1157270155
Please send the goods to:
MODECOR FURNITURE LIMITED
11A3 Matertech Business Park
Athlone Road, Longford, N39 NP79
Consequences of Withdrawal
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (e.g. as interest). If you cannot or just partially return the service received (e.g. advantages) or only in deteriorated condition or issue, you have to pay us compensation. For the deterioration of goods and eventual benefits, you must only pay compensation as far as the benefits or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. "Testing the properties and functioning" means the testing and trying out of the goods, as it is possible and common in a shop. Shippable items are to be returned at our risk. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation or for the goods upon our reception of them.
If you finance this contract through a loan and revoke it later, you are no longer bound to the loan agreement if both contracts form an economic unit. This is particularly likely if we are also your lender or if your lender helps oneself of our participation with regard to the financing. If this loan is already in effect at the effective date of the revocation or the return of the goods, your lender enters in relation to you regarding the effects of withdrawal or the return of our rights and obligations under the contract funded. The latter does not apply if the present contract involves the purchase of financial instruments (e.g. as securities, foreign currencies or derivatives).
If you want to avoid a contractual commitment as far as possible, make use of your right to withdrawal and also revoke the loan agreement if you are also eligible for a right of withdrawal.
End of revocation instruction
8.2 Repayment is, unless you notify us of another bank account, always to the account you used for payment.
9. Voluntary Return policy up to 30 days after reception of goods
9.1 For all purchases at modecor.com we grant you, in addition to the legal right of withdrawal, a voluntary right of return of 30 days from receipt of goods. With this right of return you can even cancel the contract after the expiry of the 14-day cancellation period (see cancellation under clause 8.1), by according us your return request in text form (e.g. letter, fax, email) within 30 days of receipt of the goods (period beginning on the day following the receipt of the goods) to the address given at the end of section 9.1. However, a prerequisite for the exertion of the voluntary right of return is, that you have only tried the product to view and return the product completely intact in its original state and without damage to original sales package. The voluntary right of return does not exist for the purchase of gift certificates.
Please send your return request to:
MODECOR FURNITURE LIMITED
93 UPPER GEORGES STREET
CO DUBLIN A96 V1K8
Phone: +44 (0) 1157270155
9.2 Repayment is, unless you notify us of another bank account, always to the account you used for payment.
9.3 The statutory right of withdrawal (see. Section 8.1) is not affected by compliance with our rules for the supplementary contractually granted (voluntary) return policy and therefore remains independent of it. Until the deadline for the legal right of withdrawal, only the legal conditions shall apply. The contractual granted (voluntary) return policy also does not limit your statutory warranty rights which will remain fully with you..
10. Retention of title; Resale
10.1 The delivered goods remain the property of moDecor until full payment of the purchase price.
10.2 In business dealings this additionally applies: The goods may be sold by the buyer only in the ordinary course of business. We reserve the right to revoke consent projecting to resell the goods delivered under retention of title and to rescind the contract in case of your payments and to demand the return of the goods. Claims arising from the resale of goods under retention of title are assigned to us as security for our claims. You have to notify us promptly in the case of performed seizure in reserve loaded goods. We undertake to release the securities that we are entitled to at your request insofar as the value of our securities exceeds the secured claims by more than 10%.
11. Promotional Codes
11.1 MoDecor offers promotional codes. Promotional codes are coupons that are not available for purchase, but which are issued as part of an advertisement with a specific validity period.
11.2 Special vouchers are only valid during the specified period and is redeemable only once in the course of the ordering process at moDecor. Individual brand names or products may be excluded from the coupon promotion.
11.3 The value of goods shall be at least the amount of the promotional code. For administrative reasons, it is not possible to refund any remaining balances.
11.4 With the button you can redeem the coupon by entering the voucher code in your shopping, but just prior to the conclusion of the ordering process. An offsetting afterwards is not possible. The credit of a promotional code will neither be paid in cash nor in interest.
11.5 The promotional code cannot be transferred to third parties. Several Promotional codes may not be combined.
11.6 If the deposits of a promotional code are not sufficient for ordering, the difference can be compensated with the payment options offered.
11.7 The promotional code will not be refunded if goods are fully or partially returned, unless the action voucher is issued under a promotion and no return service has been provided for.
11.8 Notes to the applicable terms and conditions and the redeemability of coupons in terms of our various sales models, shall be found on the respective vouchers themselves.
12. Gift Certificates
12.1 Gift vouchers (vouchers that can be purchased commercially) can be redeemed for the purchase of articles on modecor.com.
12.2 The balance of the Gift Certificate will neither be paid out in cash nor in interest.
12.3 Gift Vouchers can only be redeemed prior to the conclusion of the ordering process. An offsetting afterwards is not possible.
12.4 A cancellation of the purchase of a gift card can only be made through our customer service, only if the gift certificate has not yet been redeemed. A gift certificate is considered redeemed when it has been passed to account with an order.
12.5 If the balance of the Gift Certificate is not sufficient for the order, the difference can be compensated with the payment options offered.
12.6 When ordering more than one Gift Certificate may be used.
12.7 In case of loss of the voucher code we assume no liability. Similarly, we assume no liability for typographical errors in the e-mail address of the voucher recipient.
12.8 The gift voucher is transferable. The copying, editing or manipulation of the vouchers is not permitted.
12.9 The coupon code will be sent by e-mail after reception of the payment.
13. Applicable Law
13.1 For all legal transactions or other legal relations with us the law of the Federal Republic of Germany shall apply. The CISG (CISG) and any other international treaties, even if implemented into German law, shall not apply. This choice implies that the customer who ordinarily resides in one of the EU or Switzerland States is not withdrawn from the protection granted, which results from mandatory provisions of the law of that State.
13.2 In business transactions with merchants and legal persons under public law, the place of jurisdiction of business is agreed to be moDecor (currently: 93 UPPER GEORGES STREET, DUN LAOGHAIRE, CO DUBLIN A96 V1K8, IRLAND) for all disputes with moDecor about these terms and conditions and the validity of specific contracts, including exchange and check complaints. We are also entitled in this case to bring an action at the customer’s domicile.
14. Severability Clause
Should individual provisions of the contract including these regulations be totally or partly ineffective or should the contract have an unforeseen gap, the validity of the remaining provisions or parts of such provisions remain unaffected. The ineffective or missing regulations will be then substituted by the respective legal regulations.
MODECOR FURNITURE LIMITED
93 UPPER GEORGES STREET
CO DUBLIN A96 V1K8