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Last updated on
May 19, 2022
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General Terms and Conditions and Consumer Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between Sabina Priebe, Wetschewell 103, 41199 Mönchengladbach, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the website www.modebina.de of the provider. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
(3) The contract language is german. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order by the provider, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to the customer again by email.
In the case of requests for quotations, which are e.B. transmitted to the provider by telephone or e-mail, the customer receives all contract data within the framework of a binding offer by e-mail, which the customer can print out or secure electronically.
§ 2 Subject matter of the contract
The object of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the website of the provider.
§ 3 Conclusion of the contract
(1) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before sending the order, the customer has the option of checking all information again, changing it (also via the "back" function of the Internet browser) or cancelling the purchase.
By submitting the order via the "buy" button, the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.B. email), in which the customer is confirmed the processing of the order or delivery of the goods or by sending the goods. If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound by his order. In this case, any services already provided will be refunded immediately.
(4) Inquiries of the customer for the purchase of goods outside the online shopping cart system, which are e.B. transmitted to the provider by telephone or e-mail, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.B. by email), which the customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the e-mail address stored by him with the provider is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices, shipping costs
(1) The prices stated in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
If the delivery is made to non-EU countries, further customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to check the details with the customs or tax authorities before ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be accessed via the "Payment and Shipping" page, are shown separately in the course of the order process and are to be borne by the customer in addition, unless free shipping has been promised.
(3) The customer receives an invoice with VAT shown.
§ 5 Terms of payment and shipping
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes with the handover of the goods to the customer, regardless of whether the shipment is insured or uninsured.
If the customer is an entrepreneur, delivery and dispatch shall be at his own risk.
§ 6 Return costs when exercising the right of revocation
In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, it is agreed that the customer must bear the regular costs of the return if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the provider bears the costs of the return.
§ 7 Right of retention, retention of title
(1) The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) If the customer is an entrepreneur, the following shall apply in addition:
a) The provider reserves the right of ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is further authorized to collect the claim. However, if he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself.
c) In the event of combination and mixing of the reserved goods, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realisable value of the provider's securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the provider.
§ 8 Warranty
(1) The statutory provisions shall apply.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform the provider and the freight forwarder of any complaints as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
(3) Insofar as the customer is an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only the supplier's own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify the provider in writing of obvious defects within 7 days of receipt of the goods, the timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, the Provider shall, at its discretion, provide warranty by repair or replacement. If the remedy of the defect fails twice, the customer may, at his discretion, demand a reduction or withdraw from the contract. In the event of rectification, the supplier does not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to the provider from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider, as well as in the case of recourse claims according to §§ 478, 479 BGB.
§ 9 Liability
(1) The provider is liable without restriction for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of the guarantee for the quality of the object of purchase, in the case of damage under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, the liability of the provider in the event of slight negligence is limited to the contractually typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with the provider as well as the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between Sabina Priebe, Wetschewell 103, 41199 Mönchengladbach, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the website www.modebina.de of the provider. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
(3) The contract language is german. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved via the print function of the browser. After receipt of the order by the provider, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to the customer again by email.
In the case of requests for quotations, which are e.B. transmitted to the provider by telephone or e-mail, the customer receives all contract data within the framework of a binding offer by e-mail, which the customer can print out or secure electronically.
§ 2 Subject matter of the contract
The object of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the website of the provider.
§ 3 Conclusion of the contract
(1) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, the customer can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before sending the order, the customer has the option of checking all information again, changing it (also via the "back" function of the Internet browser) or cancelling the purchase.
By submitting the order via the "buy" button, the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.B. email), in which the customer is confirmed the processing of the order or delivery of the goods or by sending the goods. If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound by his order. In this case, any services already provided will be refunded immediately.
(4) Inquiries of the customer for the purchase of goods outside the online shopping cart system, which are e.B. transmitted to the provider by telephone or e-mail, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.B. by email), which the customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the e-mail address stored by him with the provider is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices, shipping costs
(1) The prices stated in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
If the delivery is made to non-EU countries, further customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to check the details with the customs or tax authorities before ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be accessed via the "Payment and Shipping" page, are shown separately in the course of the order process and are to be borne by the customer in addition, unless free shipping has been promised.
(3) The customer receives an invoice with VAT shown.
§ 5 Terms of payment and shipping
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes with the handover of the goods to the customer, regardless of whether the shipment is insured or uninsured.
If the customer is an entrepreneur, delivery and dispatch shall be at his own risk.
§ 6 Return costs when exercising the right of revocation
In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, it is agreed that the customer must bear the regular costs of the return if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the provider bears the costs of the return.
§ 7 Right of retention, retention of title
(1) The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) If the customer is an entrepreneur, the following shall apply in addition:
a) The provider reserves the right of ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is further authorized to collect the claim. However, if he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself.
c) In the event of combination and mixing of the reserved goods, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realisable value of the provider's securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of the provider.
§ 8 Warranty
(1) The statutory provisions shall apply.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform the provider and the freight forwarder of any complaints as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
(3) Insofar as the customer is an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only the supplier's own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify the provider in writing of obvious defects within 7 days of receipt of the goods, the timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, the Provider shall, at its discretion, provide warranty by repair or replacement. If the remedy of the defect fails twice, the customer may, at his discretion, demand a reduction or withdraw from the contract. In the event of rectification, the supplier does not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to the provider from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider, as well as in the case of recourse claims according to §§ 478, 479 BGB.
§ 9 Liability
(1) The provider is liable without restriction for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of the guarantee for the quality of the object of purchase, in the case of damage under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, the liability of the provider in the event of slight negligence is limited to the contractually typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with the provider as well as the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Returns & exchanges
See item details for return and exchange eligibility.
Payment
We accept the following payment methods:
Transfer
PayPal
Sofortüberweisung
Cash on delivery (surcharge 4 Euro on the shipping price)
Shipping directly after receipt of payment.
Transfer
PayPal
Sofortüberweisung
Cash on delivery (surcharge 4 Euro on the shipping price)
Shipping directly after receipt of payment.
Shipping
Shipping takes place within Germany and BeNeLux countries with DPD, international shipments are sent with DHL letter or parcel.