GENERAL TERMS AND CONDITIONS OF LEATHERMAN EUROPE GMBH
- Stand: April, 2021 -
for purchase contracts within the framework of the online shop available at www.leatherman.com/de (hereinafter: "Online Shop") between the Leatherman Europe GmbH, Holterkamp 16, 40880 Ratingen, Tel.: +49 2102 56507 0, E-Mail: firstname.lastname@example.org, registered in the Commercial Register of the Local Court of Düsseldorf under the registration number HRB 84319, represented by the Managing Directors Kevin Hamil and Kris Hamper, VAT Identification No.: DE 321003946 (hereinafter: "Leatherman"). and you, insofar as you become our customer (hereinafter: "Customer"). You become our customer upon conclusion of the contract according to the described order process.
The following General Terms and Conditions (GTC) are divided into two sections. In the first section, you will find information on how you can purchase goods in our online shop and which conditions apply. In the second section, we outline your rights in relation to the purchase contracts. In particular, we inform you about the existence and expiry of the right of withdrawal. Please read these terms and conditions carefully.
Section One - General Information and Regulations
1.1. These GTC apply to purchases from the online shop exclusively between the Customer and Leatherman and unless otherwise expressly agreed between the parties in individual cases. They apply in the version valid at the time of the conclusion of the contract (§ 3). You can access and print out the GTC at any time at https://www.leatherman.com/en_AT/terms-of-sale.html. Deviating GTC of the customer shall not apply without the express prior written consent.
1.2. These GTC apply regardless of whether the Customer is a consumer or an entrepreneur. The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural person or legal entity or partnership with legal capacity that acts predominantly in its commercial or self-employed professional capacity when ordering the deliveries and services.
1.3. The goods offered in the online shop are aimed exclusively at Customers who have reached the age of 18 and are resident in the European Union.
2.1. By adding the products to the shopping cart, the Customer can select those items from the Leatherman range that the customer wishes to purchase. In the shopping cart, the customer receives an overview of the selected item, the quantity, the purchase price, the shipping costs, the payment options and the approximate shipping time.
2.2. To initiate the ordering process, the customer clicks on the button "Checkout". In the next step, the Customer's shipping and billing address and contact details are entered. If the customer has a customer account, this data is generated from the stored data. The customer has the option to change this data until the order is completed.
2.3. By confirming the button "To payment" a window opens in which the payment options can be selected and the corresponding entries can be made. The Customer completes this order preparation by clicking "Continue to overview". There, the Customer receives a summary overview of the essential item details including any costs incurred. The Customer can change this information until the order is completed.
Conclusion of contract
3.1. Purchase contracts for the products offered in the online shop are concluded by offer and acceptance, whereby the relevant language for the conclusion of the contract is German.
3.2. The presentation and advertising of the items in the online shop does not constitute a binding offer to conclude a purchase contract, but invites the customer to make a purchase offer. By clicking the button „place an order" in the last step of the ordering process, the customer makes a binding offer to purchase the goods displayed in the order overview. Subsequently, the Customer receives an order confirmation, which merely documents the receipt of the Customer's order by Leatherman, but does not represent the acceptance of the offer.
3.3. Leatherman is free to accept this offer or not to do so. The presentation of the goods in the web shop does not constitute a binding offer in this respect. In particular, Leatherman generally rejects orders from non-EU countries via the online shop. Even if the purchase price is not correctly shown, Leatherman may reject the offer. If Leatherman rejects a purchase offer, Leatherman will notify the customer of this immediately. The automatic confirmation of receipt by e-mail does not constitute acceptance, but merely confirms receipt of the Customer's order. The acceptance is made by a clear declaration of acceptance by e-mail (so-called order confirmation).
3.4. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the Customer by Leatherman on a durable medium (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.
Terms of payment; Default
4.1 Leatherman reserves the right to offer only selected payment methods. The payment options will be displayed during the ordering process.
4.1.1. Should the Customer pay by credit/EC card, the purchase price is due immediately upon conclusion of the contract. Leatherman will debit the Customer's account as part of the order. If the Customer's account does not have sufficient funds, the Customer's order will be cancelled. Leatherman will then inform the customer of the cancellation. In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a reversal of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by you.
4.1.2 If the customer uses Klarna Pay Later, his payment will be processed by Klarna. If their Pay Later request is accepted, Klarna will send an email with payment instructions as soon as their order has been shipped. More information can be found at www.klarna.com. Unless otherwise stated in the email, the purchase price is due upon receipt of this email.
4.2. If the Customer does not pay or does not pay in full despite the due date, it shall be in default. Leatherman may then claim default interest in the amount of 5 percentage points above the base interest rate. The Customer's obligation to pay default interest shall not preclude us from asserting further damages caused by default.
Delivery; availability of goods; retention of title
5.1. Delivery times stated by Leatherman at the time of ordering are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for Klarna Pay Later).
5.2. If no copies of the product selected by the Customer are available at the time of the Customer's order, Leatherman shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, Leatherman shall refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
5.3. If the product designated by the Customer in the order is only temporarily unavailable, Leatherman shall also inform the Customer of this immediately in the order confirmation.
5.4. The following delivery restrictions apply: The Leatherman only delivers to customers who have their habitual residence (billing address) in the EU and can provide a delivery address there.
5.5 The goods remain the property of Leatherman until the purchase price has been paid in full (exception with Klarna Pay Later). Insofar as the Customer is an entrepreneur and the transfer of ownership has not yet taken place, the Customer undertakes to treat the goods subject to retention of title with care and to insure them sufficiently at their replacement value against loss and destruction at its own expense. In the event that the goods subject to retention of title are seized or subject to other interventions by third parties, the entrepreneurial customer is obliged to inform the third party of Leatherman's ownership rights and to notify Leatherman immediately in writing so that corresponding ownership rights can be enforced. The Customer shall be liable to Leatherman for any judicial or extrajudicial costs incurred in this connection unless the third party is able to reimburse such costs.
Prices and shipping costs
6.1 All prices quoted in the online shop include the statutory value added tax. The prices quoted do not include shipping costs. The price including VAT and any shipping costs incurred, which are to be borne by the customer unless he/she makes use of his/her right of revocation, will be displayed later in the order mask before they send the order. Prices are quoted in euros and apply only to buyers from the European Union.
6.2 The services will be delivered by post. If the Customer is a consumer, Leatherman shall bear the shipping risk.
6.3 Any discounts or special offers available to the customer through their customer account will automatically be displayed with the purchase price in the shopping basket as soon as the customer logs in with their customer account.
6.4 In the event of a revocation, the customer shall bear the direct costs of the return shipment.
7.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or the breach of essential contractual obligations, the proper fulfilment of which the Customer may generally rely on (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by Leatherman or Leatherman's legal representatives or vicarious agents.
7.2 In the event of a breach of material contractual obligations, Leatherman shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
7.3 The restrictions of 7.1 and 7.2 also apply in favour of Leatherman's legal representatives and vicarious agents if claims are asserted directly against them.
7.4 The limitations of liability resulting from 7.1 and 7.2 shall not apply insofar as Leatherman has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply insofar as Leatherman and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
Set-off / right of retention
8.1 The customer shall only be entitled to set-off if the counterclaim has been legally established or is undisputed.
8.2 The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship. Furthermore, the right of retention may only be asserted if it concerns counterclaims that have been legally established or are undisputed.
9.1 The terms and conditions (all sections) set out herein are complete and final. Additions or amendments to these terms and conditions should be made in writing in order to avoid any ambiguity or dispute between the parties as to the content of the contract agreed in each case.
9.2 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
9.3 Contracts between the Customer and Leatherman shall be governed by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "United Nations Sales Convention"). Customers who are not resident in Germany are also protected by the mandatory provisions of the law of the country in which they have their habitual residence. The parties have the option to submit to the courts of the costumer's domicile for the resolution of disputes and waive any other jurisdiction. This choice of law does not affect the applicable mandatory consumer law of the consumer's Member State.
9.4 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Leatherman shall be Leatherman's registered office.
Section Two - Your Rights
10.1 Leatherman shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. Insofar as the goods purchased and delivered in the online shop are defective, the customer shall be entitled within the scope of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
10.2. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which Leatherman has fraudulently concealed shall become statute-barred within the regular limitation period.
10.3. An additional guarantee only exists for the goods supplied by Leatherman if this was expressly given in the order confirmation for the respective item.
11.1 As a consumer, the customer is entitled to a right of withdrawal in accordance with the statutory provisions in the case of a distance selling contract. An entrepreneur does not have such a right of withdrawal. In the following, Leatherman informs the Customer in accordance with the statutory model. The exceptions to the right of withdrawal are set out in paragraph 11.2. Paragraph 11.3 contains a model withdrawal form.
Right of withdrawal
You have the right to cancel your contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform Leatherman, Leatherman Europe GmbH, Holterkamp 16, 40880 Ratingen, Tel.: +49 2102 56507 0, e-mail: email@example.com, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you cancel this contract, Leatherman must refund all payments it has 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 delay and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract. For this repayment, Leatherman will use the same means of payment that you used for the original transaction. This is not the case if something else has been expressly agreed with you; in no case will you be charged for this repayment.
Leatherman may refuse to refund you until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
11.2 The right of withdrawal does not apply to distance contracts for goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This is particularly the case if the customer has the goods customized (e.g. engraved).
11.3 Leatherman informs about the model withdrawal form according to the legal regulation as follows:
Sample Cancellation Form
If you wish to cancel the contract, please complete and return this form.
Leatherman Europe GmbH
Phone: +49 2102 56507 0
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods: ____
Ordered at ____, received at ____
Name of the consumer(s): ____
Address of the consumer(s): ____
Signature of the consumer(s), only in case of notification on paper: ____
___________ Place, date
Please delete where inapplicable.
Contractual right of return
12.1 In addition to the statutory rights in respect of defects and the statutory 14-day right of withdrawal vis-à-vis consumers, Leatherman grants the Customer an additional right of return of 30 days from receipt of the goods. This does not apply to goods from the final sale, personalised goods or textiles with signs of use.
12.2 To exercise the right of return, simply send an e-mail to firstname.lastname@example.org stating the customer and order number and then return the goods to Leatherman Europe GmbH, Rücksendung, Holterkamp 16, 40880 Ratingen, Germany.
12.3 Leatherman will refund the purchase price to the Customer without undue delay, at the latest within 14 calendar days - starting from the day on which Leatherman received the goods returned by the Customer. The purchase price refund will be made via the same payment method through which the Customer previously purchased the Product.
Alternative dispute resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. Leatherman is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.