Made in Germany
Customised
5-year guarantee
Weatherproof
VERY GOOD 4.8/5

AGB

General Terms and Conditions

  • § 1 Object
  • § 2 Conclusion of contract
  • § 3 Prices & Payment methods
  • § 4 Delivery / Retention of title
  • § 5 Cancellation policy
  • § 6 Warranty and liability
  • § 7 Data protection
  • § 8 Final provisions
  • § 9 Complaints/dispute resolution
  • § 10 Address and imprint

  • § 1 Object
    These general terms and conditions of contract regulate the legal framework for the use of the modulair.info website and the contractual relationships concluded between the buyer - hereinafter referred to as the "customer" - and the seller modulair.info Ultima Outdoor Living GmbH, Industriestraße 2, 53359 Rheinbach, hereinafter referred to as "modulair.living".
    The GTC and the electronic order form can be saved and/or printed by the customer.

    § 2 Conclusion of contract
    1. Offers and representations on the modulair.living websites are subject to change.
    2. modulair.living shall confirm receipt of the customer order electronically. The confirmation does not effect the conclusion of the contract.
    3. By sending the shopping basket, the customer places a binding order. The customer is bound to his order for 6 weeks, unless modulair.living rejects the order before this period expires. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within 5 days. Orders from abroad will only be processed on request and against advance payment. The contract is concluded exclusively in German.
    4. For orders to other countries we calculate the shipping costs individually for you.
    5. The order is subject to the availability of the goods. If the goods are not available, the customer will be informed immediately and any payments already made will be refunded. The goods will only be delivered in normal household quantities.
    6. An order is only possible for persons of legal age (= 18 years and older).

    § 3 Preise & Zahlungswege
    1. The current price list applies. All prices quoted are end consumer prices, include VAT and do not include shipping costs.
    2. We offer you the following payment methods
    - by invoice with 70% down payment (To secure our credit risk, we must reserve the right, depending on the respective creditworthiness, to carry out the service requested by you only against prepayment. In this case, you can accept this or cancel the order)
    - by prepayment (bank transfer) with 5% discount
    3. To order the measurement and planning service, we offer payment "by bank transfer/advance payment".

    § 4 Delivery / Retention of title
    1. Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer.
    2. Delivery is made to the point of use. It is necessary that there is access, turning and unloading facilities for a lorry and that the place of use with the parcels is accessible. If the delivery cannot be made easily by lorry or the place of use is otherwise restricted, the customer must inform modulair.living in advance of any foreseeable potential difficulties so that modulair.living can examine any measures and additional costs for ensuring the delivery. If the customer fails to provide this information, they are obliged to reimburse modulair.living for any additional costs incurred as a result. For deliveries to the 5th floor or higher, it must be possible to use a lift into which the furniture packages fit. If the requirements are not met, delivery is free kerbside. In the case of island deliveries, delivery can only be made to the kerbside.
    3. modulair.living will inform you immediately of any delays in delivery.
    4. Ownership of the delivered goods shall only pass to the customer upon complete fulfilment of all claims of the seller against the customer.
    5. modulair.living delivers outdoor furniture within 3-4 weeks. Longer delivery times may occur for island deliveries. If the aforementioned delivery times are exceeded, the customer must always set a reasonable deadline before he can withdraw from the contract. This obligation does not apply if it is obvious that delivery can no longer be made within such a grace period.  The above provision on setting a grace period for the customer shall apply accordingly.

    § 5 Cancellation policy
    1. Ultima Outdoor Living GmbH only concludes contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer. Therefore, there is no right of cancellation according to § 312 g para. 2 no. 1 BGB.
    2. The following applies to the ordering of pure services such as measurement and consultation or assembly:
    You can cancel your contractual declaration in writing (e.g. letter, fax, email) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation is to be sent to: 

    modulair.living

    Ultima Outdoor Living GmbH
    Industriestraße 2
    53359 Rheinbach

    Telephone: +49 (0)2234-8980 4300
    Fax: +49 (0)2234-8980 409
    E-Mail: service ( at ) modulair.living 

    Consequences of cancellation

    In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received as well as benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice and for us when we receive it.

    Special notes
    Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation. End of the cancellation policy

    § 6 Warranty and liability
    1. The statutory provisions apply. modulair.living gives a 5-year guarantee on outdoor furniture. The limitation period for statutory claims for defects is 2 years.
    2. If delivered items have obvious material or manufacturing defects or transport damage, please report such defects to modulair.living immediately. The customer is under no obligation to do so and this is not a prerequisite for the assertion of your claims. However, modulair.living cannot otherwise assert any claims against the carrier. Compliance with the above regulation does not affect your statutory claims as a private consumer.
    3. modulair.living does not guarantee that www.modulair.living will be accessible and error-free at all times. This applies in particular if access to the website is caused by faults that lie outside the sphere of modulair.living.
    4. If there is a defect in the purchased item for which modulair.living is responsible, the customer may demand subsequent fulfilment (rectification of the defect or replacement delivery) in accordance with the statutory provisions. modulair.living is obliged to carry out the subsequent fulfilment within a reasonable period from the time at which the customer has informed it of the defect and without significant inconvenience to the consumer. Due to the special nature of the goods in question and their intended use, modulair.living is also permitted to carry out two rectification measures if the first has failed. The customer must always set a reasonable deadline for subsequent fulfilment. This obligation does not apply if modulair.living has remained inactive for an unreasonably long time in response to the notification of defects or if the subsequent fulfilment has failed or if there is a particularly serious defect or a refusal of subsequent fulfilment or if it is obvious that subsequent fulfilment will no longer take place.
    5. modulair.living shall pay damages in full, irrespective of the legal grounds, in the event of intent and gross negligence, and in the absence of a warranted characteristic in the amount of the typical and foreseeable damage that was to be prevented by the warranted characteristic. In all other cases, liability is excluded, unless otherwise regulated below. modulair.living shall only be liable for damage that has occurred to the delivery item itself; in particular, Ultima Outdoor Living GmbH shall not be liable for loss of profit or other financial losses. Insofar as the liability of modulair.living is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The above limitations of liability shall not apply in the event of personal injury or if the customer is entitled to claims under §§ 1, 4 of the Product Liability Act.
    6. Wood is a natural product that has growth-related irregularities in terms of growth, colour, grain, structure and knots. These are unique to each piece of furniture and do not constitute a quality defect or grounds for complaint or liability. Variations in the grain and knots are intentional and are intended to emphasise the individuality of the wood. 
    Despite targeted drying and subsequent seasoning before the wood is processed, drying cracks and warping can still occur years after processing due to external influences such as temperature, humidity and sunlight. Oiled wood can look uneven. Such deviations do not constitute defects and therefore do not justify the assertion of warranty rights.


    § 7 Data protection
    1. modulair.living treats the personal data of the customer and users of modulair.living confidentially and only makes this data available to third parties insofar as this is permitted by data protection law or the customer consents to this.
    2. Order securely at modulair.living. Your order is transmitted to us securely using SSL encryption (Secure Socket Layer method). This is a proven and very secure data transmission method on the Internet. This means that your data is always 100% modulair.living would like to point out that customers' personal data is processed electronically. The data will only be used to fulfil the contract, unless otherwise agreed. We save the text of the contract and send you the order data by e-mail. You can view the general terms and conditions at any time. For security reasons, your order data is no longer accessible via the Internet.
    4. If the contract is cancelled, the customer's personal data will be deleted when the cancellation takes effect, unless further storage is provided for by law or agreed separately.
    5. You can object to the processing or use of your data for the purposes of advertising or market or opinion research at the following address: 

    modulair.living

    Ultima Outdoor Living GmbH
    Industriestraße 2
    53359 Rheinbach

    Telephone: +59 (0) 2234-8980 4300
    Fax: +49 (0) 2234-8980 409
    E-Mail: service ( at ) modulair.living

    Further information on data protection can be found here.

    § 8 Final provisions
    1. modulair.living reserves the right to change the offer and/or these contractual conditions at any time.
    2. The law of the Federal Republic of Germany shall apply exclusively. The application of UN sales law is excluded.
    3. The customer shall only have a right of set-off if their counterclaims have been legally established or recognised by modulair.living. Furthermore, the customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
    4. The place of jurisdiction shall be Bonn if the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a registered office or usual place of residence in the Federal Republic of Germany when legal action is brought. 


    § 9 Complaints/dispute resolution

    Since 15 February 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/ In this context, we are obliged to inform you of our e-mail address. This is: kontakt(-at-)modulair.living
    We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

    § 10 Address and imprint

    modulair.living

    Ultima Outdoor Living GmbH
    Industriestraße 2
    53359 Rheinbach

    Telephone: +49 (0) 22 34 / 89 80 4300
    fax: +49 (0) 22 34 / 89 80 409

     
    Monday - Friday: 09:00 - 18:00
    Saturday: 10:00 - 14:00

    Internet: http://www.modulair.living
    E-Mail: service(-at-)modulair.living*

     
    Managing Director of the company: David Nickel

    Commercial register: AG Bonn HRB 28828
    VAT ID number: DE367743406

     

    *For spam protection reasons, the e-mail address is not displayed in a contiguous form. Therefore, please replace the (-at-) section in the e-mail address with the @ sign.