Terms of service
Our General Terms and Conditions of Business apply to all mutual claims arising from and in connection with the conclusion of a contract regarding the goods offered in our online shop, our goods catalogue or via sales representatives. Sale only to entrepreneurs, tradesmen, freelancers and public institutions, but not to consumers within the meaning of § 13 BGB. All prices in Euro plus VAT. Offers subject to confirmation
We do not recognise any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity. Our General Terms and Conditions of Business shall also apply if we carry out the delivery without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions of Business. Individual agreements have priority.
We sell the goods we offer exclusively to commercial customers upon presentation of proof. We do not supply private customers or consumers.
2. Registration in our online shop / guest access
You have the option of creating a user account in our online shop www.multitool.de. A sale to non-registered customers is not possible. When entering the personal data required for your registration, you are responsible for providing truthful and complete information. You are obliged to treat the personal access data confidentially and not to make it accessible to any unauthorised third party. The data required for registration is transmitted to us either by fax or email. You will then receive an e-mail with your access data. With your access data, you can log in directly to our online shop via your user account.
You are obliged to maintain only one customer account. If we become aware of multiple registrations, we reserve the right to warn the customer or to delete the customer account if the aforementioned provision has been violated. We are not obliged to accept the registration or the order of a registered customer.
3. Offer and conclusion of contract / Technical procedure / Storage of the contract text
The offers in our online shop and our goods catalogue are non-binding and subject to change. The contractual language is German. The concrete content of the contract can be found in the respective offer.
Registration as a customer is required before making a purchase.
By clicking the button "order subject to payment" in our online shop, you make a binding offer to us to conclude a contract with you. You will immediately receive a confirmation of the receipt of your order. This does not constitute acceptance. The contract is only concluded when we accept the offer by sending the order confirmation or send the goods.
In our online shop, the ordering process comprises several steps. In the first step, you select the item by clicking on it, which is then placed in the shopping basket. You can now continue the ordering process or continue shopping. To continue the ordering process, select the shipping method and payment method in the next step. You can now view the entire order process and all the details. You can check the details and make changes. By clicking the button "Order with obligation to pay", you are making a binding offer to us to conclude a contract with you.
You have the option at any time during the entire ordering process to check and correct the entries you have made by selecting the "back" button in your browser and then making the corresponding changes. By closing the browser, you can cancel the entire ordering process at any time.
The text of the contract will be saved by us. We will send you the GTC and the order confirmation by email. The text of the contract can be viewed by you on your user account if you have one. You can also archive the data of your order by downloading the GTC and saving the data summarised on the last page of the order process in the Internet shop using the functions of your browser. An order is also possible via our respective current catalogue as well as one of our sales representatives.
4. Price, shipping costs, delivery conditions, shipping and delivery times
The prices shown by us are in Euro plus VAT.
The delivery and shipping costs are not included in the final price and will be calculated separately and communicated to you. The present catalogue prices are subject to change. We reserve the right to adjust the prices in accordance with the cost increases that have occurred and to invoice the price applicable at the time of delivery.
The delivery time is usually 24 - 48 hours for deliveries within Germany.
This does not apply if a different delivery time has been agreed. If there are delays, for example because the ordered item is not in stock, we will inform you immediately.
Please refer to the current shipping costs overview for our shipping costs for Germany: For all other countries, these must be calculated separately. You will be informed of the shipping costs separately by e-mail.
The dispatch of the goods shall be at the risk of the customer. The delivery time shall be extended appropriately in the event of measures in the course of industrial disputes, as well as in the event of the occurrence of unforeseen obstacles. In such cases, we also reserve the right to withdraw from the contract.
5. Payment options and conditions
Payment can be made by direct debit or by bank transfer after receipt of the invoice. In the case of payment in advance, we will provide you with the bank details in the order confirmation. If payment is not received 7 working days after sending the order confirmation when choosing the payment method "in advance", we are entitled to withdraw from the contract. Our invoices are due in accordance with the payment terms stated on the order confirmation and invoice. Subsequently, default shall occur and we shall be entitled to charge default interest at a rate of 8 percentage points above the base interest rate of the European Central Bank without the need for a prior reminder.
6. Return and warranty
Complaints about recognisable defects must be notified to us in writing within a period of 1 week after receipt of the goods. Claims of the purchaser, in particular claims for damages including loss of profit or due to other financial losses of the purchaser are excluded. Liability for any kind of consequential damage caused by a defect is also excluded.
Returns
are generally possible upon request and after approval. Goods produced and delivered to order are
generally excluded from returns.
Requirements: A return must be
registered with Multitool GmbH.
We reserve the right to return goods carriage forward if they are returned to
us without registration or a return note and cannot therefore be allocated.
In principle, we only accept returns under the following conditions:
a. The goods are in their original
packaging (in the case of sample returns: in the original packaging), in their
original condition, undamaged and fit for sale.
b. The goods are in stock at our warehouse.
The goods are stocked by us, are not custom-made and are part of the
current Multitool catalogue or our online shop.
c. The delivery was not more than 4
weeks ago.
d. You have received an incorrect, damaged or defective item from us.
The goods must generally be returned "free domicile" or in accordance
with Incoterms®2020 - DAP Schwetzingen, otherwise we reserve the right to refuse
acceptance.
Credit notes for returns
Credit
notes are generally issued taking into account the price invoiced in each case
(and any cash discount deducted as well as other benefits). There will be no
reimbursement of shipping costs; in addition, a handling fee will be charged.
The freight and customs costs incurred and / or other expenses will be deducted
or recalculated in the credit note.
The credit amount is a maximum of 85% of the net value of the goods (minimum
processing costs 20 euros) per return. Further costs incurred (depending on the
condition of the goods, for possible reconditioning, repainting, etc.) will
also be deducted from the credit note or subsequently invoiced. Freight costs /
postage costs already incurred will not be reimbursed.
7. Retention of title
We retain ownership of the goods until the purchase price has been paid in full.
The customer must inform us immediately of any enforcement measures by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods.
8. Liability for defects
In the event of a defect, we shall be liable in accordance with the statutory provisions.
9. Liability for damages
In the case of a legally prescribed fault-based liability (for example from guarantees or according to the Product Liability Act), we are liable without limitation, as well as in the case of personal injury (injury to life, body and health). We are also liable without limitation for intent and gross negligence. In the case of slight negligence, we shall only be liable for the breach of cardinal obligations, i.e. obligations which must be granted to you according to the meaning and purpose of the specific contract or the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely. However, we shall not be liable for indirect or unforeseeable damage, consequential damage, loss of profit or loss of savings. Furthermore, our liability is excluded in the event of slight negligence. The limitation of liability also applies to our vicarious agents.
10. Environment / Disposal
Batteries/Accumulators
As the end user, you are obliged to dispose of used batteries and rechargeable batteries separately. They must not be disposed of with household waste. The batteries and rechargeable batteries are marked with the symbol of a crossed-out dustbin, i.e. they must not be disposed of with household waste.
Symbol of a crossed-out dustbin according to Annex § 17 Batteries Act (BattG)
You have the option of returning the batteries and rechargeable batteries:
· at a public collection point
· where batteries and accumulators are sold
· by post to us
This regulation also applies if the batteries and accumulators are not sold separately but are built into a device.
Meaning of the chemical symbols:
- Cd: contains more than 0.002 mass percent cadmium
- Hg: contains more than 0.0005% mercury by mass
- Pb: contains more than 0.004 mass percent lead
Electrical and Electronic Equipment Act
Electrical and electronic equipment must not be disposed of with household waste. The appliances are marked with the symbol of a crossed-out dustbin, i.e. they must not be disposed of with household waste.
Symbol of a crossed-out dustbin according to Annex § 17 Batteries Act (BattG)
Consumers have the opportunity to hand in their WEEE free of charge at one of the municipal collection points or at their local retailer.
11. Data protection
The customer data we collect and store is used exclusively for the purpose of processing the contract. The first name and surname of the customer, the corresponding invoice and delivery address as well as the e-mail address and telephone number are stored.
The personal data transmitted to us will only be stored for as long as is necessary due to the purpose associated with the transmission of the data. The data stored by us will not be passed on to third parties, with the exception of the passing on of data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods, and the passing on of data due to legal obligation and in the case of express prior consent on your part. Revocation of the granted use is also possible at any time subsequently.
You have the possibility to subscribe to our newsletter. To do so, click on the item "Newsletter". " After clicking, you will be taken to a sub-page where you must enter your email address and press the "confirm" button to subscribe to the newsletter. Your email address can be used for our own advertising purposes with your explicit consent. You can unsubscribe from the newsletter at any time. You can do this both by telephone and by means of a clear declaration (e.g. a letter sent by post, fax or email).
According to the Federal Data Protection Act, you have the right to obtain information about your stored personal data at any time. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:
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For the rest, we refer to our data protection declaration https://www.multitool.de/Datenschutz/. |
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12. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal transactions with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply.
The
exclusive place of jurisdiction for contracts with merchants, legal entities
under public law or special funds under public law is the court responsible for
our place of business. The same shall apply if a customer does not have a
general place of jurisdiction in Germany or if the customer's place of
residence or habitual abode is unknown at the time the action is brought