LEATHERMAN EUROPE GMBH
Terms of Sale for Products Purchased on leatherman.com/en_AT
The following Terms of Sale (the “Terms of Sale”) apply to and govern your purchase of products on www.leatherman.com/en_AT (the “Website”). By purchasing a product on www.leatherman.com/en_AT, you acknowledge you have had an opportunity to read, and agree to, these Terms of Sale.
Products shown on the Website are only intended to be sold in Germany. If you do not reside in Germany, we reserve the right not to sell products to you through this Website.
Purchasing Products Using an Account
If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account.
Purchasing Products without Using an Account
If you do not have a Website account, you may purchase products as a guest, without logging in, by providing billing, shipping and related information as requested by Leatherman at the time of purchase. Each time you make a purchase in this manner, you must provide accurate contact information so you may be contacted regarding your purchase, if necessary, and you must agree to these Terms of Sale and any other applicable purchase terms set forth in the checkout process.
Terms Applicable to Purchases
Leatherman does not sell products to persons who have not reached the age of majority in the country where they live. You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) Leatherman’s acknowledgement of an order is not acceptance of an order and Leatherman may reject or cancel an order at any time; (iii) you must either have an existing account with Leatherman or provide a valid and authorized payment information and agree that Leatherman may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (v) you will pay all taxes; (vi) if Leatherman does not receive payment from your payment card issuer, you will pay all amounts due upon demand; (vii) you may not export purchases outside Germany.
You acknowledge and agree that no employee, agent, dealer, or service provider is authorized to make any promise, representation or warranty with respect to these Terms of Sale or the products or to amend, modify or waive any of these Terms of Sale.
We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.
Methods of Payment
If you pay using Klarna Pay Later, your payment is processed by Klarna. If your Pay Later request is accepted, Klarna will send you an email with payment instructions once your order is shipped. Please see www.klarna.com for information. In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
Pricing and Shipping
Product pricing and shipping costs will be as reflected on the Website. Prices posted on the Website and Leatherman’s billing policies are subject to change at any time without notice to you. Prices on the Website are in Euros for German purchasers only. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the goods are delivered to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Leatherman will not be liable for these inaccuracies, omissions, or errors. Leatherman will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Leatherman does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
Any discounts or special offers available with your Website account will be automatically reflected with the purchase price in the shopping cart, once you log in using your Website account.
Products ordered from the Website may be fulfilled by one or more of our subsidiary or affiliated entities. The appropriate Leatherman entity that fulfilled your order will be listed on your receipt. If your order is fulfilled by more than one entity, you will receive a receipt from each applicable entity for the products fulfilled by that entity.
We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.
Cancellations to Orders; Returns.
We may, in our sole discretion, choose to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.
If you wish to return a product or change or cancel your order for any reason, you must contact Leatherman either directly by using the contact details provided on the Website or by using the contact form of the Website. If your request relates to a return, you must contact us in accordance with our return policies. Returns and refunds are subject to our Shipping & Returns Policies. which can be found at "https://www.leatherman.com/en_AT/CustomerService-ShippingReturns.html.
Leatherman’s Product Warranty; Exclusion of Other Warranties
Warranty information regarding products may be found at https://www.leatherman.com/en_AT/CustomerService-Warranty.html.
Leatherman’s liability for defective delivery in the form of product defects is excluded to the extent that such defects and any related damages cannot be shown to arise from defective materials, design, or manufacturing. In particular, all warranties and liability are excluded for the consequences of defective or improper use of the products, use of the products inconsistent with any operations manual, work or repairs on Leatherman products by third parties, or alterations or modifications to Leatherman products, to the extent that the product defect arises from any of the foregoing. This exclusion does not apply in the case of fraudulent, intentional, or grossly negligent conduct by Leatherman, in case of injury to the body, life, or health, in cases where a guarantee of freedom from defects or procurement risk under § 276 German Civil Code has been assumed, or where a statutory provision mandates liability.
In other cases, warranty obligations are governed by applicable statutory provisions.
Your Statutory Right to Withdrawal
Limitation of Liability for Leatherman Products
In regards to any product you purchase from the Website, Leatherman’s liability is unlimited to the extent it arises from a fraudulent, intentional, or grossly negligent breach of duty by Leatherman or its lawful representatives or agents, in the event of an assumption of guarantee for the quality of the product, in the event of an assumption of procurement risk under § 276 German Civil Code, and for injury to the body, life, or health. Liability under the German Product Liability Law (Produkthaftungsgesetz) and other cases of mandatory statutory liability remain unaffected.
Further, Leatherman is liable for the slightly negligent breach of material contractual obligations. Material contractual obligations are those whose breach impairs the achievement of the purpose of the contract, whose fulfillment enables the proper performance of the contract, and on whose compliance you as the customer regularly rely. However, in such a case Leatherman is liable only for foreseeable damages typical for the type of Contract involved. Leatherman is not liable for the slightly negligent breach of any obligation other than those specified in the foregoing sentences.
The preceding terms do not result in a reversal of the burden of proof.
Choice of Law; Choice of Forum for Disputes
You agree that these Terms of Sale, and any dispute between you and Leatherman that relates to these Terms of Sale shall be governed by the law of Dusseldorf, Germany, without regard to choice of law provisions or to the Convention on the International Sale of Goods (United Nations sales law), subject to any applicable mandatory provisions of law.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms of Sale (including but not limited to the purchase of Leatherman products) shall be resolved individually, without resort to any form of class or collective action, and exclusively in the competent courts of [Ratingen, Germany.
Communications and Inquiries with us
When we refer to any communications or notifications “in writing,” this will include email.
In case you have a complaint, please contact us in the first instance at [email@example.com] or 00 02102 56507 0. If you feel your complaint is not adequately addressed you can – but are not obliged to – use Online Dispute Resolution (ODR) available at http://ec.europa.eu/odr. Beyond the ODR, Leatherman does not participate in dispute resolution proceedings before consumer mediation bodies (Verbraucherschlichtungsstelle), and is not obligated to do so.
If you have any questions or comments about the Website or these Terms of Sale, or in the unlikely event that you wish to make a complaint, please contact us at firstname.lastname@example.org or 00 02102 56507 0.
1. This website, www.leatherman.com/en_AT, including its applications and tools (the “Website”), is owned by Leatherman Europe GMBH (registered at Holterkamp 16 40880 Ratingen, Germany), carrying on business as “Leatherman.” Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site and is not intended to be used by children. Leatherman does not sell products for purchase by children. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or legal guardian. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you. Please note that if you purchase a product from the Website, our Terms of Sale apply to your purchase. Click here to consult the Terms of Sale.
BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
These Terms were last updated: April 1, 2019
Eligibility to Use the Website
The Website is operated from various locations both within and outside the United States and may be accessible worldwide. However, only users in the United States who are over eighteen (18) years old or the age of legal majority in their place of residence may purchase products through the Website. If you access or use the Website from outside the U.S., you do so at your own risk and you are responsible for complying with the laws and regulations of the territory where you access or use the Website.
Creating and Using a Website Account
You are not required to establish an account in order to make purchases through the Website. However, in order to establish a Website account (if such functionality is available), visit the “Create Account” page on the Website and enter the required information, including, without limitation, your name, company name (if applicable), your email address and other contact information, and a valid address and related information. We will email a confirmation of your log in information to the email address you provided upon registration.
You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. Further, you must provide accurate and truthful information about yourself and your company (if applicable), and you must update that information from time to time as necessary to keep the information current and accurate. You are responsible for all activities occurring under your Website account and for keeping your password and other Website account information confidential. If you suspect someone is accessing or using your Website account without your permission or if you need to change your password or account information, please login to your account and go to the “My Account” page.
Materials on the Website
The Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of Leatherman. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent of Leatherman.
You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.
Termination or Suspension of a Website Account
You agree that Leatherman, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) Leatherman believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances Leatherman deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that Leatherman shall not be liable to you or any third party for any termination or suspension of your access to the Website. If Leatherman terminates, suspends, or disables your Website account, you remain obligated to pay Leatherman for all unpaid purchases made prior to the termination or suspension of your Website account.
Customized or Engraved Products
Prior to placing an order for a customized or engraved product, you must review the text and content of your submission thoroughly for accuracy. Orders are printed in their “as submitted” form and you are solely and fully responsible for any text or content you submit as well as final proofing. Leatherman does not proof or pre-screen content and is not responsible for misspelled or mis-designed submissions. We reserve the right to reject orders and submissions that do not meet Leatherman policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Profane, offensive, libelous, infringing or objectionable words, phrases or content will not be honored and Leatherman may refuse to accept such content. Please be advised the website includes a virtual representation of your final product, and the preview may vary slightly depending on your tool.
If you have time sensitive material (i.e., it has a specific date by which it must be delivered), please plan accordingly. Please allow at least 2-4 additional business days for processing of custom orders. Production and shipping times are estimates only. By placing a custom order, you certify that you possess the lawful right to use all text and content submitted in your custom order and authorize Leatherman to copy, print and use said text and content to customize the product in the quantities requested. You represent and warrant that your submission does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.
Features on the Website
Leatherman may from time to time make available additional features on the Website. Those features are subject to these Terms and any other applicable terms and conditions associated with them on the Website, as those may be updated form time to time by Leatherman.
Changes to the Website and Products
We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, in our sole discretion.
Restrictions on Use
We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes:
- requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users;
- accessing or using anyone else’s Website account;
- creating a deep-link to the Website, using any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
- inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website;
- acting in any manner that disrupts or interrupts users’ real-time experience on the Website
- hacking or defacing any portion of the Website;
- interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website;
- attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto;
- using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and
- providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization or individuals appearing on the Denied Persons list
Intellectual Property Rights
Without limiting the Terms, Leatherman and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in the Website. Such intellectual property is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions. Any unauthorized use by you of this intellectual property may subject you to civil and criminal penalties. Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Leatherman or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of Leatherman or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without our express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. LEATHERMAN WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.
Without limitation to the foregoing, Leatherman makes no warranty that: (a) there will be no interference with your use or enjoyment of the Website; (b) the Website will fulfill any particular purpose, need requirement or specification or is complete, reliable or accurate; (c) orders for a product(s) will be honored according to your schedule or any stated schedule; (d) the Website will be secure or error free; (e) any errors in the Website will be corrected; (f) the Website is lawful, appropriate or available for use in any particular location; (g) there will be no interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information; or (h) products displayed or referenced on the Website are available for use in a particular location.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF LEATHERMAN FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Your sole and exclusive remedy is to discontinue using and accessing this Website. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if Leatherman has been advised of the possibility of such claims, losses, costs or damages.
You agree to defend, indemnify, and hold harmless Leatherman and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Leatherman (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Website or Material, or (c) your violation of any intellectual property rights of Leatherman or any third party.
This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. Leatherman has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Website, unless expressly permitted by Leatherman in writing.
Damage to Others
You agree not to introduce into or through this Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Modification of these Terms
Leatherman may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that Leatherman may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to these Terms, will be governed by and construed in accordance with the laws of Germany, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms, including, but not limited to any Product, shall be subject to the exclusive jurisdiction of state or federal courts located in Dusseldorf, Germany, and you hereby consent and submit to the personal jurisdiction of such courts.
These Terms do not create any fiduciary relationships between you and Leatherman, service providers or other companies that assist with providing the products or operating the Website. These Terms do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, the terms and covenants contained in these Terms which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire.
All rights not expressly granted in these terms are reserved by Leatherman. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Leatherman or any other person or entity.
If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at email@example.com or call us at +49 02102 56507 0.
You also may write to us at:
Leatherman Europe GmbH
40880 Ratingen, Germany