Terms of service
Table of Contents
1.Scope
2.Conclusion of contract
3.Delivery conditions and prices
4.Prices and payment terms
5.Retention of title
6. Warranty
7.Right of withdrawal
8.Liability
9.Applicable law
10.Alternative dispute resolution
1. Scope
These general terms and conditions (hereinafter "GTC") of Mubashar Mahmood (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer (hereinafter "Customer") enters into with the seller with regard to the terms and conditions agreed by the seller in his the goods presented in the online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
2. Conclusion of contract
The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
The customer can submit the offer using the online order form integrated into 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 contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by email.
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 email), whereby the receipt of the order confirmation by the customer is decisive, or by he delivers 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 several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer 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.
If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 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 - subject to the terms and conditions for Payments without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
The contract language is German.
3. Delivery conditions and prices
(1) Delivery times stated by us are generally calculated from the time of our order confirmation.
(2) All prices stated on the ModeRockCenter website include the applicable statutory sales tax.
(3) Depending on the shipping service provider, shipping costs may apply in addition to the stated product prices. Further provisions on possible You can find out about the shipping costs incurred in the respective offers. The shipping costs are to be borne by the customer without exception.
(4) You generally have the option of picking up from our store ModeRockCenter, Kurt-Schumacher-Straße 13, 30159 Hannover, Germany during the following business hours: Mon-Sat 11:00 a.m. - 8:00 p.m. (after confirmation email) .
(5) If no copies of the goods selected by the customer are available at the time of the customer's order, the seller will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract is not concluded in this case.
(6) If the goods specified by the customer in the order are temporarily not available, the seller will inform the customer of this.
(7) The items ordered will be delivered by shipping 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.
(8) If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
4. Prices and payment terms
(1) The prices shown are final prices including statutory sales tax, unless otherwise agreed. If additional shipping costs apply, this can be found in the product description.
(2)The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
(3) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g.b Transfer fees, exchange rate fees) or import duties or Taxes (e.g.b Duties). Such costs may be incurred in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
(4)The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
(5) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(6) If you use an instant payment system as your payment method (e.g.b If you use PayPal / PayPal Express, Sofort), you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection there. Enter your data. Finally, you will be redirected back to the order overview page in our online shop. Before sending the order, you have the opportunity to check and change all of the information again (also using the "back" function of the Internet browser). cancel the purchase. By submitting the order using the “buy” button, you declare your legally binding acceptance of the offer, which means the contract is concluded.
(7) If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(8) When paying via “PayPal”, the payment is processed via PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg Paypal’s terms of use apply. These can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
(9) If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for advance information. Pre-notification is any notification (e.g.b Invoice, policy, contract) to the customer, which announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this .
(10) When paying on account via “PayPal invoice”, the payment is processed by PayPal. The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment deadline is specified. Purchasing on account requires a successful credit check by PayPal. If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with a debt-discharging effect. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method. Otherwise, the general terms of use for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
(11) Payment by credit card: When placing the order, you provide your credit card details. Once you have been authenticated as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
(12)Immediate payment via Klarna: After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out by Sofort immediately afterwards and your account will be debited.
(13) Klarna invoice: When purchasing on account with Klarna, you always receive the goods first and you always have a payment deadline of 14 days. The complete terms and conditions for purchasing on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0. 5.Retention of title The goods remain our property until they have been paid for in full.
6.Warranty
(1)If you are a consumer and the item you purchased is defective, for example damaged or does not correspond to the description, the statutory warranty rules apply without restriction.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the transport service provider as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
7.Right of withdrawal
(1) If the customer is a consumer, he is generally entitled to a right of withdrawal.
(2) Right of withdrawal
Right of withdrawal for consumers (consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.)
Cancellation policy Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or has In order to exercise your right of withdrawal, you must contact us (Mode Rock Center, Kurt Schumacher Str.13, 30159 Hannover, telephone number: 49 (0) 511 76 15 225, email address: info@moderockcenter.com) by means of a clear declaration (e.g.b a letter sent by post, fax or email) informing you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from your choosing a method of delivery other than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, properties and functionality of the goods.
- End of cancellation policy -
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- An Mode Rock Center, Kurt Schumacher Str.13, 30159 Hanover, email address: info@moderockcenter.com :
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for paper notification)
- Date (*) Delete what is not applicable.
8. Liability
Subject to the regulations on the right of withdrawal. and the provisions of the Product Liability Act, we are not liable for damages. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us, including our legal representatives and vicarious agents , based.
9. Applicable law
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. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10. Alternative dispute resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
(2) The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.