Welcome to Modmo!
Here you can find both the website's terms & conditions as well as the general terms of conditions of shopping with Modmo.
Website Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Modmo Technology Limited’s Website, located at www.Modmo.io.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Modmo if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Modmo Technology Limited and/or its licensors own the intellectual property rights for all material on Modmo. All intellectual property rights are reserved. You may access this from Modmo for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Modmo
- Sell, rent or sub-license material from Modmo
- Reproduce, duplicate or copy material from Modmo
- Redistribute content from Modmo
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Modmo Technology Limited does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Modmo Technology Limited, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Modmo Technology Limited shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Modmo Technology Limited reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Modmo Technology Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence ofModmo Technologies Limited; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Modmo Technologies Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of
Modmo Technology Limited’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Promotional Terms and Conditions
- Modmo reserves the right to end promotions at any time
- Discount Voucher promotion codes valid for full payment orders only unless expressly stated otherwise
- Discount Voucher promotions not valid against deposit orders
- Discount vouchers/promotions cannot be used in conjunction with any other voucher offer
- Vouchers & Promotion codes are single-use per account
- Discount vouchers/promotions cannot be applied retrospectively
- Offers are valid from the date of publication (commencement date)
- Bank transfers must be paid within 7 days
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Modmo General Terms and Conditions.
Effective from December 18th 2020.
In these general terms and conditions (“Terms”), the following definitions shall apply:
Agreement: any and every agreement entered into between Modmo and a Client including these Terms, any amendment thereto and any actions or legal transactions connected with the execution of that Agreement and, seen in retrospect, any and all actions and legal transactions necessary for entering into that Agreement;
ModGod: anyone who owns or rides a Modmo bike.
Client or You: all natural or legal persons with whom Modmo enters into an Agreement or with whom Modmo is negotiating about the conclusion of an Agreement;
Consumer: the Client being a natural person who acts for purposes outside a profession to whom Modmo sells and/or delivers Products and to whom Modmo provides Services;
Order: any order issued by a Client to Modmo in any form whatsoever;
Products: any and all goods which are the subject of an Agreement;
Services: all services provided by Modmo to the Client, which are directly linked to the Purchase of a Modmo Product by a Client
Modmo or We or Us: The private company with limited liability under Irish law Modmo Technologies Limited, having its registered offices at The Black Church, St. Mary’s Place, Dublin 7, Ireland.
- The present Terms shall comprise a part of all Agreements and shall be applicable to all product sales and related Services, actions and legal transactions between Modmo as a seller and a Client.
- Applicability of any general terms and conditions applied by Client is explicitly dismissed by Modmo.
- The contact information relevant to the Client that relate to the identity of Modmo are as follows:
• trade name: Modmo;
• business address: The Black Church, St. Mary’s Place, Dublin 7, Ireland;
• e-mail: Hello@Modmo.io
• registration number with the companies registration office: 550626
- Quotations, Agreements, Product descriptions, services and definitions
- A quotation or (price) offer shall not be binding on Modmo and shall qualify only as an invitation to the Client to place an Order.
- An Agreement shall only be concluded to the extent Modmo accepts an Order from the Client in writing or if Modmo executes an Order. If at the request of Client Modmo carries out any work for Client before an Agreement is concluded, then Client shall remunerate Modmo therefore in accordance with Modmo’s customary rates.
- After acceptance of an Order, Modmo shall at all times be entitled to cancel such Order without stating its reasons after acceptance of such Order, in which case Modmo shall not be obliged to refund any more than advance payments already made by Client, if any.
- Modmo shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Client should be able to demonstrate that the Products supplied by Modmo deviate from the information provided by Modmo or from the samples or specifications in such a way that the Client can no longer be obliged to comply with the order concerned, the Client shall have the right to dissolve the Agreement, to the extent however that such a dissolution should be necessary in reason and without Modmo being liable for damages.
- Notwithstanding article 2, amendments of any provision in any Agreement or in the Terms may only be agreed by written consent of both parties.
- If an amendment or adjustment as referred to in the previous article is agreed, such amendment or adjustment shall only apply to the Agreement concerned, unless expressly stated otherwise.
- All Modmo’s prices are in EUR unless expressly stated otherwise. Insofar as prices are stated in other currency than EUR, than such statement of price may be deemed to be based on the EUR equivalent of such price at the date that the price statement was made. Prices may be exclusive of value added tax or any other sales tax. Costs of packing and despatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof may be for the Client’s account.
- Any change of factors having an impact on the prices of Modmo, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by Modmo.
- Service fees; You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Services as stated in these Terms. Modmo may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in Terms. If at any time fees for an existing Service are increased, You are of course free to cease your use of the Service. Continued use of the Service will be treated as your agreement to the new terms.
- The delivery period indicated by Modmo is an estimation and not an exact shipping date.
- The delivery period shall commence on the date of Modmo’s written Order confirmation. If, in order to execute the Order, Modmo requires information from the Client, the delivery period shall commence on the date on which Modmo disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
- The Client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Client be entitled to dissolve the Agreement in such an event, unless the Client is considered to be a Consumer. Consumers have the right to dissolve the Agreement (ontbinden) after they have requested to deliver within a reasonable timeframe and Modmo was not able to deliver within that reasonable period.
- Modmo shall at all times be entitled to deliver in part-consignments.
- Right of withdrawal
- 9.1 If You are a Consumer, You have the right to withdraw from your purchase and return your order without giving any reason and without extra costs.
- 9.2 The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
- Please note that You cannot exercise a right to withdrawal in case of Products made to the Consumer's specifications or clearly personalised.
- You shall send back the Products in the original box or the box provided by Modmo according to article 12.3 of these Terms or hand them over to Modmo, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal from this contract to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. Installing the pedals and/or adjusting the handlebar and/or adjusting the saddle is likely to create small claws. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, You are liable towards Modmo for any diminished value caused by these actions.
- In case You send the Products back to Modmo, Modmo can refuse repayment as long as Modmo has not received the returned goods or until You have proved You have returned the Products, depending on which event occurs first.
- Modmo shall reimburse You the purchase amount of the Products including any shipping costs charged with regard to the delivery of the Products no later than 14 (fourteen) calendar days starting from the day We received your returned Products.
- Modmo shall use the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise and provided that You do not incur any fees as a result of such reimbursement. Modmo shall not reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Modmo.
- You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
- In order to exercise your right to withdraw, You can fill out the form on the “contact us” page on the website of Modmo or make a similar unequivocal statement and send it to the e-mail as indicated in article 2.4 above. We will send You an acknowledgement of your withdrawal.
- Delivery and risk
- If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at Modmo’s premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk. In the event the Client is considered to be a Consumer, the foregoing in article 9.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.
- If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event Modmo shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
- Retention of title
- Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid Modmo the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
- The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favour of third parties until Modmo has transferred the title of those Products to the Client.
- If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform Modmo forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.
- In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of Modmo’s rights of title.
- Inspection and complaints
- The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Modmo must be informed in writing to hello@Modmo.com of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Client must give a clear and precise description of the complaints in respect of defects invoked by the Client. The Client must notify Modmo of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Should the Client fail to inform Modmo within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
- The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation Modmo may require in order to investigate the complaint.
- The Client shall not be entitled to return Products to Modmo before Modmo has agreed in writing to such return. The return shipping is free and there are no costs associated with it for the Client. The Products shall remain at risk of the Client until receipt by Modmo of such Products.
- Other obligations and responsibility of the Client:
- The Client shall at all times make any and all information necessary for the execution of Modmo’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
- The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.
- Modmo guarantees each new Modmo Saigon+/SaigonS bicycle frame against defects in workmanship and materials for five (5) years * from the date of delivery. All original components are guaranteed for a period of two (2) years * from the date of delivery.
- This warranty referred to in article 13.1 is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. This warranty applies to the original owner and is transferable for the remaining period in the event of a new owner having purchased the bike.
- Claims under the warranty must be made directly to your point of purchase in your country, whereby proof of the purchase is required. The replacement of boxes is not covered by the warranty. In the event You need a replacement of the box, We’ll send You one for an additional fee.
- This warranty does not cover normal wear and tear, improper assembly or follow-up maintenance, or installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, or neglect. Modification of the frame or components shall void this warranty. Modmo is not responsible for incidental or consequential damages. This warranty does not affect the statutory rights of the Consumer.
- The incorporated battery of the bike is tested and should perform over 600 charge cycles before it falls below 70% of its original total capacity during the warranty period as described in article 13.1 of these Terms.
- Force majeure
- If Modmo is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.
- If a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Modmo, Client is not entitled to any compensation or damages, not even if Modmo would enjoy any benefit as a result of such force majeure.
- Force majeure on the part of Modmo is to be understood as a case of Irish Civil Code, and furthermore any circumstance beyond the control of Modmo hindering the fulfilment of its obligations towards Client entirely or in part or because of which Modmo cannot be expected in all fairness to fulfil its obligations, regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Modmo or its suppliers, or problems in the transportation provided by Modmo or any third parties, any government measures, as well as the inability to obtain any permit or licence from any governmental body.
- Parties shall notify each other as soon as possible of any (possible) force majeure situation.
- Modmo’s Products
- Modmo warrants only those features, qualities of its Products that are explicitly agreed in writing. All other specific or implied warranties are – to extent allowed under applicable mandatory law – hereby expressly excluded.
- If Modmo should deliver Products to the Client which Modmo has obtained from its own suppliers, Modmo shall at no time be obliged to honour a warranty or liability in respect of the Client which is more far-reaching than that which Modmo can claim from its own supplier.
- If, in Modmo’s opinion, the Client has been able to prove that any Products supplied by Modmo to the Client do not function properly, Modmo may choose, at its sole discretion, between:
- re-supplying the Products upon the return of the Products;
- modifying the Products properly;
- to grant the Client a discount on the purchase price to be agreed by mutual consent.
- Modmo shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
- The Products shall remain completely for the Client’s risk even if Modmo should carry out any repairs to the Products.
- Any liability of Modmo shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Modmo. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Modmo shall be limited to the fee that was invoiced by Modmo and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of € 10,000 (ten thousand Euro).
- In the event that Modmo involves third parties, Modmo shall not accept any liability whatsoever for failure to perform on the part of such third party except for failure to perform on the part of Modmo itself – to which article 16.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnify Modmo against any claims by such third party in connection with such claim as well as against all expenses to be incurred by Modmo.
- All rights of legal action and other powers of the Client towards Modmo in connection with the Products delivered by Modmo shall lapse upon expiry of a one (1) year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.
- If Client fails to fulfil any of its obligations arising from the Agreement properly or in time, Client shall be in default and Modmo shall be entitled without any default notice:
- to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
- to dissolve the Agreement with Client entirely or in part;
- all this without prejudice to Modmo other rights under any Agreement whatsoever and without Modmo being held to any damages.
- If Modmo exercises its right of dissolution as mentioned in article 17.1, Modmo is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.
- In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify Modmo thereof as soon as possible.
- In case of a situation as referred to in article 17.3, all Agreements with Client shall be dissolved by operation of law, unless Modmo notifies Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case Modmo is entitled without any default notice:
- to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
- to suspend all its payment obligations, if any, towards Client;
- all this without prejudice to Modmo’s other rights under any Agreement whatsoever and without Modmo being held to any damages.
- In the event of a situation as referred to in article 17.3, all Modmo’s claims against Client shall be immediately payable in full.
- Transfer of rights and obligations
- Modmo is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of Modmo are transferred, Modmo must inform Client aforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Modmo shall not be liable for any damages. Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Modmo.
- If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
- Applicable law, competent court
- The law of the Republic of Ireland shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
- Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Dublin, Ireland.
- Amendment of Terms
- These Terms may be amended on the part of Modmo by mere notification to Client. In the absence of any protest within 30 (thirty) calendar days after notification the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are carried out after the day of notification.