Terms & Conditions

1. General

Our General Terms and Conditions apply to all contracts you enter into with us for the purchase of goods. The purchase of bespoke is deemed to be a contract for work and services pursuant to § 651 BGB. The inclusion of any other terms and conditions used by you is expressly rejected.

2. Conclusion of contract

All offers made by us are non-binding unless expressly stated otherwise. A binding conclusion of the contract shall only take place upon a concurrent declaration of intent; our binding declaration of intent shall be documented in our order confirmation.

3. Special notes

Part of the order confirmation is in particular the special instructions for made-to-measure shoes.

4. Payment

Our prices are final prices and include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately. Discounts and rebates are not granted unless expressly agreed. Payment is due immediately after the conclusion of the contract and is payable without deduction immediately after the due date, unless otherwise expressly agreed.

5. Provision and delivery dates

The goods shall be made available by dispatch to the delivery address specified by you unless expressly agreed otherwise. Delivery dates are only binding insofar as they have been expressly designated as binding by us.

6. Fit guarantee

We offer you a fit guarantee when ordering bespoke shoes in order to give you security when ordering. If the shoes do not fit you perfectly, you will receive a new pair or a free fitting. The fit guarantee does not apply in the event of culpable breaches of your duty to cooperate (see special instructions for bespoke shoes).

7. Retention of title

We retain ownership of the goods provided until the purchase price owed has been paid in full. 

8. Liability for defects

The provisions of the statutory liability for defects shall apply. We are otherwise liable in accordance with the statutory provisions.

9. Property rights 

You must observe the applicable rights to our goods and not infringe any industrial property rights (e.g. copyright, trademark law, design law).

10. Choice of law

The law of the Federal Republic of Germany shall apply to all legal relationships between you and us. In the case of consumers as purchasers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11. Place of jurisdiction

If you have your registered office outside the territory of the Federal Republic of Germany, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. However, we shall always be entitled to bring an action before the court at your place of business.

12. Place of fulfillment

The place of fulfillment for all services under the contract for the goods is at our registered office, unless otherwise expressly agreed or provided for under these T&C.

13. Dispute resolution

From 1 February 2017, the Consumer Dispute Resolution Act requires traders to indicate whether they are willing or obliged to participate in a dispute resolution procedure in disputes with consumers. We are willing to participate in the arbitration in such disputes. We are not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.

14. Privacy

We process your personal data provided to us exclusively in accordance with the applicable data protection law (DGSVO). The data will be processed for the fulfillment of the contract and beyond that only if you have consented to this or if there is a legal basis for this.

Special notes for ordering bespoke shoes:

  • The shoe displayed in the 3D configurator is a visualization. The final product may differ slightly in shape and color. The color reproduction differs from screen to screen and therefore the images do not represent an exact color reference but are only intended to guide you. 
  • Every custom-made shoe is individual in shape and size. If the agreed shape and measurements (accuracy of fit) is correct, the made-to-measure shoe is in conformity with the contract.
  • Wearing comfort is often something purely subjective, as some like tight shoes, others like wider shoes. However, a defect only exists if something objectively deviates from the agreed condition. 
  • Wrinkles in walking (individually depending on the wearer) can occur without there being a defect.
  • If you do not disclose orthopedic problems (e.g. diabetes, nerve disorders, scars, operations, etc.), you also bear the risk of non-fitting in this case. 
  • Leather is a natural product: color changes due to damp processing, tension during manufacture, and due to initial polishing are normal. 
  • Handling made-to-measure shoes: Do not wear them every day, tie them properly and use shoehorns. Store properly, not in damp places, but also not under the heating.
  • For the care of the made-to-measure shoes, repair intervals should be observed and the soles should not be worn through (otherwise the welt may become brittle)

Cancellation

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them of below in accordance with the statutory model. A template cancelation form is provided in paragraph (2).

Cancellation policy

Right of withdrawal 

You have the right to cancel this contract within fourteen days without giving any reason. The right of withdrawal does not apply to the order of custom-made shoes. The purchase of custom-made shoes (“custom-made shoes”) shall be deemed to be a contract for work and services pursuant to § 651 BGB. 

The revocation period is fourteen days from the day of the conclusion of the contract. 

In order to exercise your right of withdrawal, you must send us 

Modum Shoes GmbH

Modum Shoes GmbH
An der Universitaet 1
Building 8143
30823 Garbsen
e-mail: [email protected]

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 

Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. 

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

End of the cancellation policy

 (2) The supplier informs about the model withdrawal form according to the legal regulation as follows:

Cancellation template

(If you wish to revoke the contract, please complete and return this form).

  • To: Modum Shoes GmbH, An der Universitaet 1, Building 8143, 30823 Garbsen, [email protected]
  • 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 consumer(s) (only in case of paper communication)
  • Date(s)

(*) Delete where inapplicable

End of the cancellation template