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General Conditions

General Terms and Conditions (Online Store) (Status 13.09.2016)

Contracts agreed in the online store at https://shop.multipick.com are with the company Multipick, proprietor Bernd Jacobi, Godesberger Str. 51, D-53175 Bonn (hereafter: Multipick).

Multipick

Proprietor Bernd Jacobi
Godesberger Str. 51, D-53175 Bonn, Germany
Tel. & Fax (UK): 020 351 42438
Tel. (international): +49 (0)228-39187-60
Central fax (int.): +49 (0)228-39187-42
E-Mail: en@multipick.com

VAT ID: DE813200761
TAX NO: 206/5968/1329

Subject to prior sale and errors.


Telefon:
English speaking hotline, sales and product queries.
Opening hours: Monday to Friday 09.00am - 12.00pm and from 02.00pm - 05.00pm CEST.
Tel. & Fax (UK): 020 351 42438
Tel. (international): +49 (0)228-39187-60
Central fax (int.): +49 (0)228-39187-42


E-Mail contacts:
English speaking sales team: en@multipick.com

Accounts: accounting@multipick.com

Purchasing: purchasing.dept@multipick.com

Applications: jobs@multipick.com

Praise, criticisms, suggestions: ceo@multipick.com


Bank Details:
Sparkasse KölnBonn
IBAN: DE 3637 0501 9800 2601 3615
SWIFT-BIC: COLSDE33
Account: 260 136 15
BLZ: 370 501 98

VAT identification number: DE813200761


1. General – scope
The following general terms and conditions apply to all contracts agreed between our clients and us in the online store at https://shop.multipick.com as well as any subsidiary web pages. The status valid at the date of contract will apply in each case.

We only sell to business customers: The customer must show suitable proof of status as a business (such as VAT ID no, HRA, HRB No., copy of a trade license, company website etc.) at registration.

1.1
Within these terms and conditions, business customers are natural or legal persons and partnerships with legal personality, with whom a business relationship has been formed, and who execute their commercial or self-employed profession.


2. Object of the contract

2.1

Multipick will deliver the goods ordered by the customer, or will provide services within the acceptance of the offer.
In addition, § 434 Para. 1 Clause 3 BGB applies.

2.2
You will find all essential characteristics of goods and services supplied by us as well as the validity of time limited offers in the individual product descriptions on the offer pages.


3. Conclusion of the contract

3.1
Our presentation of the goods on the internet does not represent a binding offer, but is a non-binding invitation to order to the customer.

3.2
When the customer orders the desired goods, they make a binding contractual offer.

Multipick will confirm receipt of the customer’s order immediately. Confirmation of receipt does not constitute binding acceptance on our side. Confirmation of receipt only constitutes a declaration of acceptance when we expressly state that it does.

3.3
Multipick has the right to accept the contractual offer within an electronic order within three working days of receipt. In particular, receipt can take the form of despatch of the goods to the customer (this will be communicated by email) as well as despatch of an explicit declaration of acceptance.


4. Delivery / Shipping costs / Minimum order values

4.1
Please see the offer pages for details of delivery times. If there is no indication of a delivery time, delivery will be made within 14 working days at the latest. Goods to be manufactured to customer specifications will be delivered within 21 working days at the latest.

4.2
The start of the delivery period depends on an agreed advance payment of the customer’s obligation to pay. The relevant date is when the payment is received by Multipick, e.g. when the payment is credited to our account. The same applies to an outstanding proof of business status: the delivery period starts when we receive the proof of status.

4.3
We charge €4.50 inc. VAT for delivery within Germany. Costs for express delivery within Germany depend on weight, and amount to €16.90 from 05.kg. Express delivery on Saturdays costs €40.70.from 0.5kg

Delivery within Germany is free for deliveries over €75. Delivery is free of charge within the EU for orders over €175, excluding overseas and island deliveries.

You will find detailed information about delivery costs on our despatch cost calculator at: https://shop.multipick.com/index.php?page=content&coID=1

Delivery costs include VAT as a legal requirement.

You must bear any customs costs which arise, payable to the relevant customs authorities.

Delivery costs are calculated automatically on online orders and shown in your basket before you give your binding confirmation.

4.4
The minimum order for new customers is € 10.00.


5. Unavailability of ordered goods or services
If, after receipt of an order, Multipick establish that the goods or services ordered are no longer available from Multipick, the client will be informed immediately. In this case, Multipick can despatch or propose a product of similar quality and price. The customer is not obliged to accept this, and their legal rights arising from the unavailability remain unaffected. This will be explicitly indicated to the client if it is necessary to inform them of the non-availability of a product or service.


6. Retention of title
All goods delivered by you to a customer remain the property of Multipick until full and final payment for the delivered goods has been made. If Multipick exchanges a product under warranty, it is agreed that the ownership of the product to be exchanged transfers from the customer to Multipick from that point in time when, on the one hand, Multipick receives the product back from the customer, or alternatively, the customer receives the exchange delivery from Multipick.

7. Price / payment conditions

7.1
The prices shown in the online store are final prices including the VAT applicable on the day of the online order. British Pound, US Dollar, CA Dollar and AU Dollar prices are just approximate values and will be automatically billed in EURO at checkout.

7.2
A summary of VAT applicable for the product at that time as well as prices for supplementary services is shown in your shopping basket: Postage, packing, etc. These will automatically added to the price of the product and shown as a final price. Exact delivery costs will be shown before every customer order.

7.3
The invoice includes the final price including all elements of price except cost of returns, in as far as this cost is covered by the carrier.

7.4
As a rule, payment must be made in advance of delivery. The customer can chose between various payment methods when ordering online. Invoices will be sent with goods, or, as an exception, sent by post or email. If payment in advance is not part of an agreement, invoices must be settled within 10 days of the invoice date.

8. Guarantee

8.1
Multipick guarantee that products are free from legal or material defects at the point in time when risk is transferred according to § 434, 435 BGB.

8.2
If goods delivered show obvious material or manufacturing faults, including damages caused during transportation, we ask the customer to raise a claim for the these damages with Multipick. Failure to do this does not affect your statutory rights. In addition, the legal requirements according to §§ 434 ff., 475 para. 1 BGB apply. There is an obligation to report a complaint under § 377 HGB with regard to a purchase which is a commercial transaction under § 343 HGB for both parties.

8.3
In the event of a defect, resolution will be made at the choice of Multipick, either by resolving the defect or by delivering a new, defect-free part. A supplementary performance will be deemed to have failed after a second, unsuccessful attempt, if nothing else arises from the nature of the product, or the fault, or other circumstances. If the supplementary performance is unsuccessful, or if Multipick declines to carry out the supplementary performance, the customer can choose to demand a reduction in the sales price, or to state they wish to withdraw from the contract. Withdrawal is excluded where the fault is minor and negligible. In addition § 437 BGB applies.

8.4
A condition of a claim made under guarantee is that the fault did not arise through inappropriate or excessive use. If the fault only arises 6 months after handover, the customer must prove that the product was faulty at the time of transfer of risk. Equally, Multipick may produce evidence that the product was not faulty at transfer.

8.5
In addition to the scope of §§ 438 para. 1 No 1. and 2., para. 3; 478; 479 BGB; § 439 HGB the following clauses apply with regard to guarantee periods:

8.5.1
Rights under the guarantee lapse one year after delivery of the goods.

8.5.2
The one year guarantee under point 8.5.1 does not apply where there is harm to life, body or health arising from negligence on our part, or deliberate or negligent dereliction of duty by our legal representatives or agents or with regard to damages arising from negligence on our part, or deliberate or negligent dereliction of duty by our legal representatives or agents.

9. Liability

9.1
With regard to a minor negligent breach of duty, our liability and that of our agents is limited to the foreseeable, contractually typical damages. With regard to minor negligent breaches of duty, which are not cardinal duties, i.e. duties, the fulfilment of which make the proper execution of the contact possible and the observance of which the contractual partners regularly rely upon, in this case neither we nor our agents are liable.

9.2
The restrictions on liability in point 9.1 do not apply to customer claims relating to product liability or guarantee. Furthermore, the restrictions on liability do not apply to losses attributable to us arising from death and injury to body and health, nor in the event of compensation under § 437 No 2 BGB.

9.3
The clauses above (No 8 and 9) comprise the full extent of liability on Multipick, its management, and its employees.

10. Law / Jurisdiction

10.1
The legal relationship between Multipick and the customer as well as the individual terms of trade shall be governed by the law of the Federal Republic of Germany with the exclusion of the uniform regulations of the UN Convention on Contracts for the international sale of goods.

10.2
Place of fulfilment and sole court of jurisdiction for all disputes arising from this contract is the place of business of Multipick, insofar as the customer has no general jurisdiction in the Federal Republic of Germany, the customer has indicated on agreement of contract that they are resident, or their normal place of residence is outside of Germany, or their normal place of residence is not known when the complaint is filed.

10.3
If the customer is a merchant, a legal entity under public law, or public-law special funds, the legal venue and exclusive jurisdiction for any disputes under this contract shall be the place of business of Multipick.

11. Final provisions

11.1
Should individual provisions of these terms and conditions of business be in whole or in part not effective in law or later lose their effectiveness in law, this does not affect the validity of the remaining conditions of sale of this contract.

11.2
Any right of the customer to the compensation or retention does not exist, unless the demand is indisputable or ascertained legally.

11.3
The customer may only exercise any rights of retention if a counterclaim is based on the same contractual relationship


Data Protection
We only use your data to process your order. We store and process all customer data in accordance with relevant regulations under the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

You are entitled at any time to obtain information about your stored data, or to correct, block or delete your stored data free of charge. We will not pass on your personal data to third parties without your explicit consent, which may be withdrawn at any time. This excludes our service partners, who need the data to process orders (e.g.: the carrier who is contracted to carry out our deliveries, and the financial institution contracted to handle payments). However, in these cases the range of data transferred will be the minimum required.


In this store we will only store information relating to your customer data in cookies which can be called up at your next visit at your request. Storing data in cookies means you don’t have to fill in forms again. You can manage or refuse access to cookies from this page in your browser.

Multipick will not evaluate or pass on customer data outside the permitted scope.



Note on the regulations regarding return and disposal of batteries and accumulators
Please note, it is expressly forbidden to dispose of batteries in domestic waste, and you are legally obliged to return these. Batteries bought from Multipick may be returned free of charge at our store, disposed of in your local recycling centre, or sent to the address below at Multipick’s cost. Batteries containing harmful substances are marked by a symbol showing a bin with a line through it. The chemical symbol for the harmful substance is shown underneath this bin symbol – „Cd“ for cadmium, „Pb“ for lead, or „Hg“ for mercury.

Please contact Multipick for further information regarding how to return these products:

Multipick
Prop. Bernd Jacobi
Godesberger Str. 51
53175 Bonn
Germany
Tel. & Fax (UK): 020 351 42438
Tel. (international): +49 (0)228-39187-60
Central fax (int.): +49 (0)228-39187-42
E-Mail: en@multipick.com

More information on electronic contracts
Online contracts


Selection / Display
If you find the product you would like in our online store, select the product with your mouse and click on the button “add to basket“. You can view the products you have selected by clicking on the tab “basket“. Here you can change or add to the number of items selected, and you will immediately see the current sub-total.

At any time, you may remove a selected item from the basket by placing a cross in the box “remove“. When all the products you want are in the basket, you can start the order process by clicking on “checkout“.

Data
The following allows you to activate a current account or set up a new one. If you are already registered as a customer, you just need to enter your email address and password. In this case, the ordering address information you have already entered will appear.


Changes
At any time during the ordering process you may change any data you have entered using the “basket“ option. If you have a voucher code, you can enter this at the top of the basket. You may only redeem a voucher if you have a customer account (you are a registered customer).


Ordering
When you activate the ordering process by clicking on “checkout“, the order sequence opens, with the following steps.

First you are shown delivery information, with the option to choose one of the delivery methods shown. You can change delivery address either by selecting another address you have already entered, or add a new address using the button “enter new address“.

Click on “next“ and you will reach the “method of payment“ section. Here you can choose between “pre-payment by bank transfer“, “PayPal“, “instant transfer“, “Western Union Wired Payment“, “Credit Card“ and “Debit cards“. In addition, certain customer groups have the payment option “Invoice“ and “cash on delivery“.

To get to the next stage “confirmation“, you must read and agree the terms and conditions. Put a cross in the corresponding box.

The “confirmation“ page will then open. This will show your information regarding delivery address, type of delivery, invoicing information, method of payment, as well as the selected products and an indication of final price.

When you click on “confirm order“ you are making a binding offer for all the items in your shopping basket.

We will immediately confirm receipt of your order by email. This confirmation of receipt does not yet constitute acceptance of your offer. We are entitled to accept the offer within the order inside 3 working days of receipt. After acceptance of your offer, you will receive an email with further information about processing your contract. You will find more information about the conclusion of the contract in the terms and conditions above.

Saving the text of the contract
We save your order data and send this to you as text by email after receipt of your order.

Data entry errors
You can correct your data at any stage of the order process by going into “my account“ or “basket“ and changing the current order using the “update“ button. At any time you can cancel the whole order process by leaving the website.

Contract language
Contracts are concluded with us in the German language.

Code of conduct
We are not subject to any special codes of conduct outside general law.

Dispute Resolution
The European Commission provides a platform for Online Dispute Resolution (ODR). It is accessible under: http://ec.europa.eu/consumers/odr/

 


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