GENERAL TERMS AND CONDITIONS OF LEATHERMAN EUROPE GMBH
- Status: 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, E-Mail: email@example.com, 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 (hereinafter: "GTC") are divided into two sections. In the first section, you will find information on how you can purchase products in our online shop and which conditions apply. In the second section, we explain your rights in relation to purchase contracts. In particular, we inform you about the existence and expiry of the right of withdrawal. Please read these conditions carefully.
Section One - General Information and Regulations
§ 1 Scope of application
1.1. These GTC apply to purchases made in the online shop exclusively between the Customer and Leatherman and unless explicitly agreed between the parties in individual cases. They apply in the version validated at the time of conclusion of the contract (§ 3). You can access and print the GTC at any time at https://www.leatherman.com/pt_EN/terms-of-sale.html. Variations of the customer's GTC shall not apply without the customer's prior written consent.
1.2. These GTC apply irrespective of whether the Customer is a consumer or an entrepreneur. The Customer is a consumer, provided that the purpose of the supplies and services ordered cannot be attributed primarily to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or company with legal capacity who is acting primarily in his commercial or self-employed professional activity when ordering the supplies and services.
1.3. The products offered in the online shop are intended exclusively for Customers over 18 years of age and resident in the European Union.
§ 2. Ordering process
2.1. When adding products to the shopping cart, the Customer can select those items from the Leatherman range that he/she wishes to purchase. In the shopping cart, the customer receives an overview of the selected item, quantity, purchase price, shipping costs, payment options and approximate shipping time.
2.2. To start the ordering process, the customer clicks on the button "Process order". In the next step, the customer's shipping address, billing address and contact details are entered. If the customer has created an 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. Confirming the "Pay" button opens a window in which the payment options can be selected and the corresponding entries can be made. The customer completes the preparation of the order by clicking on "Finish checkout". In this step, the customer receives an overview of the main details of the item, including the costs incurred. The Customer can modify this information until the order is completed.
§ 3. Conclusion of the contract
3.1. Contracts for the purchase of products offered in the online shop are concluded by means of offer and acceptance, the relevant language for the conclusion of the contract being English.
3.2. The presentation and advertising of the goods 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 "place order" button in the last step of the ordering process, the Customer makes a binding offer to purchase the items shown in the order summary. Subsequently, the Customer receives an order confirmation, which merely documents Leatherman's receipt of the Customer's order, but does not represent acceptance of the offer.
Leatherman is free to accept or reject this offer. The presentation of the goods in the Web Shop does not constitute a binding offer in this regard. In particular, Leatherman generally rejects orders from non-EU countries via the web shop. Even if the purchase price is not displayed correctly, Leatherman may reject the offer. If Leatherman rejects a purchase offer, Leatherman will notify the customer immediately. Automatic confirmation of receipt by e-mail does not constitute acceptance, but merely confirms receipt of the Customer's order. Acceptance is made by a clear statement of acceptance by e-mail (so-called order confirmation).
3.4. In this e-mail or in a separate e-mail or at the latest at the time of delivery of the goods, the text of the contract (consisting of the order, the GTC and the order confirmation) will be sent to the Customer by Leatherman by e-mail or printed on paper. The text of the contract will be stored in accordance with the Data Protection Act.
§ 4 Terms of payment; Non-performance
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. In case the Customer pays by credit card/EC, the purchase price will be paid immediately after conclusion of the contract. Leatherman will debit the Customer's account as part of the order. If the Customer's account has insufficient 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 the costs arising from the cancellation of a payment transaction due to insufficient funds on the account or incorrect bank details.
4.1.2 If the customer uses Klarna Pay Later, his payment will be processed by Klarna. If your Pay Later request is accepted, Klarna will send an email with payment instructions as soon as your order has been shipped. More information can be found at www.klarna.com. Unless otherwise stated in the email, the purchase price is due for payment upon receipt of this email.
4.2. If the Customer does not pay the payment in full by the due date, the Customer will be in default. Leatherman may then claim default interest in the amount of 5 percentage points above the basic interest rate. The Customer's obligation to pay default interest shall not prevent us from enforcing other damages caused by default.
§ 5. Delivery; availability of the goods; retention of title
5.1. The delivery times indicated by Leatherman at the time of order are calculated from our order confirmation, provided that the purchase price has been paid in advance (except for Klarna Pay Later).
5.2. If, at the time of the Customer's order, the product selected by the Customer is not available, Leatherman will notify the Customer immediately in the order confirmation. If the product is permanently unavailable, Leatherman will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
5.3. If the product designated by the Customer in the order is temporarily unavailable, Leatherman will also inform the Customer of this immediately in the order confirmation.
5.4. The following delivery restrictions apply: Leatherman only delivers to Customers who have their habitual residence (billing address) in the EU and can provide a delivery address in the EU.
5.5. The goods remain the property of Leatherman until the purchase price has been paid in full (with the exception of Klarna Pay Later). Insofar as the Customer is an entrepreneur and the transfer of ownership has not yet taken place, the Customer shall undertake to treat the goods subject to retention of title with care and to insure them appropriately for their replacement value against loss and destruction at its expense. In the event that the goods subject to retention of title are seized or subject to other interventions by third parties, the business customer is obliged to inform the third party of Leatherman's proprietary rights and to notify Leatherman immediately in writing so that the relevant proprietary rights can be enforced. The Customer shall be liable to Leatherman for any judicial or extrajudicial costs incurred in this respect, unless the third party is able to reimburse these costs.
§ 6 Prices and shipping costs
6.1 All prices stated in the online shop include the statutory value added tax. The prices quoted do not include shipping costs. The price including VAT and possible shipping costs, which are to be borne by the customer unless he makes use of his right of revocation, will be displayed later on the screen before the order is sent. Prices are quoted in Euros and apply only to purchasers in the European Union.
6.2 Services will be delivered by post. If the Customer is a consumer, Leatherman will be responsible for shipping.
6.3 Any discounts or special offers available to the Customer through his Customer Account will be automatically displayed with the purchase price in the shopping basket as soon as the Customer logs in with his Customer Account.
6.4 In case of revocation, the customer shall bear the direct costs of the return shipment.
§ 7. Liability
7.1 Claims of the customer for damages are excluded. Claims by the Customer for damages resulting from injury to life, body or health or from the breach of essential contractual obligations, on the proper fulfilment of which the Customer can generally rely (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of Leatherman or Leatherman's legal representatives or vicarious agents, are excluded.
7.2 In the event of a breach of material contractual obligations, Leatherman shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the Customer's damage claims are based on damage to life, limb or health. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
7.3 The restrictions of paragraphs 7.1 and 7.2 also apply in favor of Leatherman's legal representatives and vicarious agents if claims are directed directly against them.
7.4 The limitations of liability resulting from paragraphs 7.1 and 7.2 shall not apply to the extent that Leatherman has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply to the extent that Leatherman and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 8 Compensation / 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 the right of retention if the counterclaim is based on the same contractual relationship. Furthermore, the right of retention may only be asserted in the case of legally established or undisputed counterclaims.
§ 9 General provisions
9.1 The terms and conditions (all sections) set out in this document are complete and final. Additions or amendments to these terms and conditions must 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 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, "UN Sales Convention"). The customer who is not resident in Germany also enjoys the protection guaranteed to him by the mandatory provisions of the law of the country in which he has his habitual residence. The parties submit, at their option, to the courts and tribunals of the customer's domicile for the settlement of disputes and waive any other jurisdiction.
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 out of the contractual relationship between the Customer and Leatherman shall be the registered office of Leatherman.
Section Two: Your rights
§ 10 Warranty for material defects; guarantee
10.1 Leatherman is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. If the goods purchased and delivered in the online shop are defective, the customer is 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 the delivered goods against the entrepreneurs is 12 months.
10.2. The application period for warranty claims for delivered goods is two years from receipt of the goods. Claims for defects which Leatherman has fraudulently concealed are time-barred within the usual limitation period.
10.3. An additional warranty for goods delivered by Leatherman only exists if this has been specifically stated in the order confirmation for the relevant item.
§ 11 Cancellation policy
11.1 As a consumer, the customer has the right of withdrawal in accordance with the statutory provisions in the case of a distance selling contract. An entrepreneur does not have this right of withdrawal. Subsequently, Leatherman will inform the customer in accordance with the statutory model. The exceptions to the right of withdrawal are set out in section 11.2. Section 11.3 contains a model withdrawal form.
Right of withdrawal
You have the right to withdraw from 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 designated by you, other than the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform Leatherman, Leatherman Europe GmbH, Holterkamp 16, 40880 Ratingen, e-mail: firstname.lastname@example.org, by means of an unequivocal statement (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, although it is not obligatory.
To meet the withdrawal deadline, it is sufficient to send the notification exercising your right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, Leatherman shall reimburse all payments received from you, including shipping costs (with the exception of additional costs resulting from your choice of a type of shipping other than the most economical standard shipping offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For such reimbursement, Leatherman will use the same method of payment that you used for the original transaction. Unless otherwise specifically agreed with you, you will not be charged for this refund in any case.
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.
You must return or deliver the goods to us immediately and in any event not later than fourteen days from the day on which you notify us of your revocation of this contract. The deadline is guaranteed if you send back the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for a loss of value of the goods if this is due to improper handling of the goods to check their quality, characteristics and functioning.
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 consumer's personal needs. This is particularly the case when the customer orders personalization of the goods (e.g. engraving).
11.3 Leatherman informs about the model withdrawal form according to the legal regulations below:
Model withdrawal form
If you wish to cancel the contract, please fill in and send this form.
Leatherman Europe GmbH
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods: ____
Ordered at ____, received at ____
Name(s) of consumer(s): ____
Address of consumer(s): ____
Signature of the consumer(s), only in case of paper notification: ____
___________ Place, date
Delete where not applicable.
§ 12 Contractual right of return
12.1 In addition to the statutory rights for defects and the statutory right of withdrawal of 14 days 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 in the final sale, personalized goods or textile garments with signs of use.
2.2 To exercise the right of return, simply send an e-mail to email@example.com 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 receives the goods returned by the customer. The refund of the purchase price will be made via the same payment method by which the Customer previously purchased the Product.
§ 13 Alternative Dispute Resolution
The EU Commission has set up an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. Further information can be found 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.