Terms and Conditions for Infinity Modern Store

Last Updated: March 23, 2025

Article 1: Identity
Infinity Modern (https://infinity-modern.com) is an online platform where you can purchase IoT and DePIN-related hardware devices. Infinity Modern is a trading name of TECELEKTRIC LTD, a company registered in England and Wales, with its registered office at 5 The Lanes, Leeds, LS28 7AQ, United Kingdom, and a secondary office at 123 Innovation Drive, Austin, TX 78701, USA. For inquiries, you can reach us at:

  • Leeds, UK Office: +44-7927 328828 (Available Monday–Friday, 9:00 AM–5:00 PM GMT)
  • Austin, USA Office: +1 205 265 4385 (Available Monday–Friday, 9:00 AM–5:00 PM CST)

Article 2: Definitions

  • “Seller” refers to TECELEKTRIC LTD, trading as Infinity Modern.
  • “Buyer” refers to the other party entering into an agreement with the Seller.
  • “Parties” refers to the Seller and Buyer collectively.
  • “Agreement” refers to the purchase agreement between the Parties.

Article 3: Applicability of General Terms and Conditions

  • These terms and conditions apply to all quotations, offers, agreements, and deliveries of products by or on behalf of the Seller.
  • Deviation from these terms and conditions is only possible if agreed upon in writing by the Parties.

Article 4: Payment

  • The full purchase price must be paid in advance online for all orders, including reservations and pre-orders. Payment conditions will be clearly communicated via email and/or the Seller’s website (https://infinity-modern.com). The Buyer will receive proof of purchase, reservation, pre-order, and payment upon successful transaction.
  • If the Buyer fails to pay on time, they will be in default. In such cases, the Seller may suspend its obligations until the Buyer fulfills their payment obligation.
  • If the Buyer remains in default, the Seller may proceed with collection. The Buyer will bear all costs related to such collection, calculated based on the Decree on Compensation for Extrajudicial Collection Costs, including shipping costs, import duties, administrative costs, and any loss of value on the products.
  • In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Buyer, the Seller’s claims on the Buyer will be immediately due and payable.
  • If the Buyer refuses to cooperate in the execution of the order by the Seller, they remain obliged to pay the agreed price to the Seller.

Article 5: Offers, Quotations, and Price

  • Prices on the website include VAT.
  • Import duties or levies on delivery from the Seller to the Buyer are the responsibility of the Buyer.
  • Offers are non-binding unless a deadline for acceptance is specified. If the offer is not accepted within that period, it will lapse.
  • Delivery times in offers are indicative and, if exceeded, do not entitle the Buyer to dissolve the agreement or claim damages, unless otherwise agreed in writing by the Parties.

Article 6: Right of Withdrawal

  • Infinity Modern products are subject to a right of withdrawal within 14 days after receipt of the order, in accordance with applicable consumer protection laws. For more details, refer to our [Return Policy](insert link to Return Policy).

Article 7: Modification of the Agreement

  • If, during the execution of the Agreement, it becomes necessary to modify or supplement the work for proper execution, the Parties will adapt the Agreement in mutual consultation and in a timely manner.
  • If the Parties agree to amend or supplement the Agreement, this may affect the completion timeline. The Seller will inform the Buyer of any such changes as soon as possible.
  • If the amendment or supplement has financial and/or qualitative consequences, the Seller will inform the Buyer in writing in advance.
  • If a fixed price was agreed upon, the Seller will indicate the extent to which the amendment or supplement will result in a price change.
  • The Seller will not charge additional costs if the change or supplement results from circumstances attributable to the Seller.
  • If the Buyer engages in fraud or acts contrary to laws or regulations, making it unreasonable for the Seller to continue the Agreement, the Seller may terminate the Agreement with immediate effect.

Article 8: Delivery and Transfer of Risk

  • As soon as the purchased item is received by the Buyer, the risk transfers from the Seller to the Buyer.

Article 9: Examination and Complaints

  • The Buyer must examine the delivered goods (or have them examined) upon delivery, or as soon as possible thereafter. The Buyer should verify whether the quality and quantity of the goods match the Agreement or meet the requirements for normal commercial use.
  • The Buyer must report complaints about the delivered products to the Seller immediately, providing a detailed description of the issue to enable an adequate response. Complaints can be submitted via email at info@infinity-modern.com or by phone at +44-7927 328828 (UK) or +1 205 265 4385 (USA).
  • Complaints will be addressed within 14 days. If more time is needed, the Seller will inform the Buyer within 14 days of when they can expect a resolution. This applies only to complaints about delivered products. For complaints regarding personal data processing, please refer to our [Privacy Policy](insert link to Privacy Policy).
  • If a complaint is upheld within the specified period, the Seller may choose to repair, redeliver, or abandon delivery and issue a credit note for that portion of the purchase price.
  • Minor and/or industry-standard deviations in quality, quantity, size, or finish cannot be held against the Seller.
  • Complaints about a specific product do not affect other products or parts of the same Agreement.

Article 10: Delivery

  • Delivery is made ‘ex-factory/shop/warehouse,’ meaning all delivery costs are borne by the Buyer.
  • The Buyer must accept the products when the Seller delivers them or makes them available in accordance with the Agreement.
  • If the Buyer refuses to take delivery or fails to provide necessary information or instructions for delivery, the Seller may store the goods at the Buyer’s expense and risk.
  • If products are delivered through a third party (other than the Seller’s partner), the Seller may charge delivery costs.
  • If the Seller requires information from the Buyer to perform the Agreement, the delivery period will commence once the Buyer provides this information.
  • Delivery periods stated by the Seller are indicative and not deadlines.
  • The Seller may deliver products or orders in parts, unless otherwise agreed in writing or if partial delivery has no independent value. In such cases, the Seller may invoice these parts separately.

Article 11: Force Majeure

  • The Seller is not liable for damages if it cannot fulfill its obligations under the Agreement due to force majeure.
  • Force majeure includes any circumstance beyond the Seller’s control that prevents normal performance of the Agreement, such as illness, war, civil unrest, acts of terrorism, energy failure, natural disasters (e.g., flooding, earthquake, fire), strikes, government measures, transport difficulties, production issues, or disruptions in the Seller’s or manufacturer’s business.
  • Force majeure also includes the failure of suppliers to meet their obligations to the Seller, unless this failure is attributable to the Seller.
  • If a force majeure event prevents the Seller from fulfilling its obligations, those obligations will be suspended for the duration of the event. If the event lasts longer than 30 calendar days, either Party may dissolve the Agreement in writing.
  • If force majeure persists for more than three months, the Buyer may dissolve the Agreement with immediate effect via registered letter.

Article 12: Transfer of Rights

  • Rights under this Agreement cannot be transferred without the prior written consent of the other Party. This provision has effect under property law as per Article 3:83(2) of the Dutch Civil Code.

Article 13: Retention of Title and Right of Retention

  • Goods remain the property of the Seller until the Buyer has paid the full agreed price. Until then, the Seller may invoke its retention of title and repossess the goods.
  • If agreed advance payments are not made on time, the Seller may suspend work until payment is received, constituting a default by the Buyer. Late delivery in such cases cannot be held against the Seller.
  • The Seller may not pledge or encumber goods subject to its retention of title.
  • The Seller will insure goods delivered under retention of title against fire, explosion, water damage, and theft, and will make the insurance policy available for inspection upon request.
  • In the event of liquidation, insolvency, or suspension of payment of the Buyer, the Buyer’s obligations become immediately due and payable.

Article 14: Liability

  • TECELEKTRIC LTD, trading as Infinity Modern, is not liable for the content of the website, prices, price changes, offers, or availability. Information and prices on the website may change without notice.
  • The Seller is not liable for uninterrupted or error-free functioning of the website, nor for the consequences of delays, damage, or incorrect/timely receipt or sending of email messages related to its services.
  • The Seller is not liable for damage or defects arising from visiting or using the website.
  • The Seller’s liability is limited to providing a non-faulty product and the manufacturer’s warranty.
  • Any liability for damages arising from or related to the execution of an Agreement is limited to the amount paid out by the Seller’s liability insurance, plus the excess under the policy. If no insurance is in place, the risk lies with the Buyer.
  • The Seller is not liable for:
    • Setting up or installing devices.
    • Exchange rate changes of specific tokens related to purchases or delivery.
    • Buyer’s costs due to delayed delivery.
    • Higher-than-expected import duties at the Buyer’s delivery address.
    • Hardforks or network changes affecting the yield of a device.
  • The Seller’s liability for damages resulting from intent or deliberate recklessness by the Seller or its managerial subordinates is not excluded.

Article 15: Disputes

  • Agreements governed by these terms and conditions are exclusively subject to United Kingdom law.
  • All disputes related to these agreements will be submitted to the competent court chosen by the Seller.

Article 16: Guarantees

  • If guarantees are included in the Agreement, the following applies: The Seller guarantees that the goods comply with the Agreement, function without defects, and are suitable for the Buyer’s intended use, subject to the manufacturer’s warranty provided by the Seller’s suppliers.
  • This guarantee allocates risks such that the consequences of a breach are at the Seller’s expense and risk, and the Seller cannot invoke Article 6:75 of the Dutch Civil Code regarding a breach of guarantee, even if the Buyer was aware or could have been aware of the breach through investigation.
  • The guarantee does not apply if the defect results from improper use, unauthorized changes by the Buyer or third parties, or use for unintended purposes.
  • If the guarantee relates to a third-party manufactured item, it is limited to the manufacturer’s warranty.

Article 17: Use and Export Restrictions

  • Users of Infinity Modern products must comply with all local and international export laws and regulations, including not exporting or re-exporting products to countries or persons subject to sanctions or embargoes imposed by the European Union, the United States, or other jurisdictions.
  • The Buyer warrants that they are not located in, under the control of, or a national/resident of any country subject to such sanctions or embargoes.
  • The Seller reserves the right to refuse a transaction if there is reasonable suspicion that the products may be used in violation of export restrictions.

Article 18: Applicable Law

  • This Agreement between the Seller and Buyer is exclusively governed by United Kingdom and  United States law.
  • The applicability of the Vienna Sales Convention is excluded.
  • If any provision of these terms and conditions is deemed unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.

Article 19: Additional or Deviating Provisions

  • Additional or deviating provisions from these terms and conditions must not disadvantage the Buyer and must be recorded in writing or in a manner that the Buyer can store on a durable data carrier.

Article 20: Amendments to the General Terms and Conditions

  • Amendments to these terms and conditions will take effect only after being published appropriately on the Seller’s website. In the event of amendments during the term of an offer, the provision most favorable to the Buyer will prevail.