General Terms and Conditions of Sale and Delivery

1. Scope/General

1.1 The following terms and conditions (GTC) shall apply exclusively to the business relationship with our customers, including for information and advice.

Deviating terms and conditions of the buyer and/or customer (hereinafter: Customer) shall only be valid if and to the extent that we expressly acknowledge them in writing. Our silence on such deviating terms and conditions shall not be considered an acknowledgment or agreement, especially not for future contracts.

Our General Terms and Conditions shall apply in place of any of the Customer's purchasing conditions, even if said conditions stipulate that acceptance of an order constitutes unconditional recognition of the purchasing conditions, or if we deliver after the Customer has notified us of the applicability of their General Purchasing Conditions, unless we have expressly waived the applicability of our General Terms and Conditions. The exclusion of the Customer's General Terms and Conditions shall also apply if the General Terms and Conditions contain no separate provision for individual terms. By accepting our order confirmation, the Customer expressly acknowledges that they waive their legal objection derived from the purchasing conditions.

1.2 To the extent that claims for damages are mentioned below, claims for reimbursement of expenses within the meaning of § 284 BGB are meant in the same way.

2. Information/Consultation/Product and Service Features/Customer Participation

2.1 Information and explanations regarding our products and services are provided solely based on our past experience. They do not represent any properties or warranties concerning our products. In the absence of express agreement to the contrary, we do not guarantee that our products and/or services are suitable for the purpose pursued by the customer.

2.2 We only assume a duty to advise expressly through a separate, written consulting agreement.

2.3 A warranty is only considered to have been assumed by us if we have described a characteristic and/or a performance success in writing as „legally guaranteed.“.

3. Contracting Party/Conclusion of Contract/Scope of Supply and Services

3.1 The contract is concluded with Mudotools (Owner: Florian von Nauckhoff), registered office: Hofmannstraße 54, 81379 Munich.

3.2 Our offers are non-binding: The presentation of all products in the online shop is not a legally binding offer, but rather a non-binding invitation to order. By clicking the „Send order now“ button, a binding order for the goods listed on the order page is placed. 

The customer is bound by their order as a contractual offer for 14 calendar days – for electronic orders, 5 business days – after we receive the order, as long as the customer cannot reasonably expect a later acceptance on our part (§ 147 BGB). This also applies to subsequent orders placed by the customer.

3.3 A contract is only concluded—even in ongoing business transactions—when we confirm the customer's order in writing or in text form (i.e., also by fax or email) through an order confirmation. The order confirmation is only valid on the condition that any outstanding payment arrears of the customer are settled and that any credit check of the customer carried out by us results in no negative information.

Upon delivery or performance within the customer's binding offer period, our order confirmation may be replaced by our delivery, with the dispatch of the delivery being decisive.

3.4 We are only obligated to deliver from our own stock (stock debt), i.e., stock is only available as long as supplies last. Errors and omissions excepted.

3.5 If the acceptance of the products or their dispatch is delayed for a reason attributable to the customer, we are entitled, after setting and expiration of a 14-day grace period, to demand immediate payment of compensation or to withdraw from the contract or to refuse performance and demand damages in lieu of the entire performance, at our discretion. The setting of the deadline must be in writing or in text form. We do not need to refer to the rights arising from this clause again. The proof of a different amount of damage or the non-occurrence of damage remains reserved for both parties. A reversal of the burden of proof is not associated with the foregoing provisions.

4. Right of withdrawal / information on the right of withdrawal

4.1 Consumers (i.e., according to § 13 BGB, all natural persons who conclude a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity) have the right to revoke this contract within 14 days without stating reasons.

4.2 The withdrawal period is 14 days from the day,

• on which the consumer or a third party named by the consumer, who is not the carrier, has taken physical possession of the goods, provided that the consumer has ordered one or more goods within a single order and the goods are delivered in one consignment;
• on which the consumer or a third party named by him, who is not the carrier, has taken possession of the last good, if he ordered several goods as part of a single order and the goods are delivered separately;
• on which the consumer or a third party named by him, who is not the carrier, has taken physical possession of the last installment or the last piece, if he has ordered goods which are delivered in several installments or pieces.

If several of the above alternatives are available, the cancellation period shall not begin to run until the consumer or a third party named by them, who is not the carrier, has taken possession of the last goods or the last partial shipment or the last piece.

4.3 To effectively exercise the right of withdrawal, the consumer must inform us (address: Mudotools, Hofmannstraße 54, 81379 Munich, Germany, or email: info@mudotools.de) of their decision to withdraw from this contract by written declaration by mail, fax, or email. To comply with the withdrawal period, it is sufficient for the consumer to send the notification of exercising the right of withdrawal before the withdrawal period expires.

4.4 In case of contract cancellation, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from your selection of a delivery method other than the cheapest standard delivery offered by us), within 14 days from the date on which notice of your cancellation of this contract was received by us. We may withhold reimbursement until we have received the goods back or until you have provided proof of having sent back the goods, whichever is the earlier date.

The goods must be returned to us (Mudotools) without delay and in any event no later than 14 days from the day on which we were informed of the cancellation of this contract. The deadline is met if the goods are dispatched before the expiry of the 14-day period. The consumer shall bear the cost of returning goods that can be sent by parcel post. They shall also bear the direct cost of returning goods that cannot be sent by parcel post. The estimated cost for this is €10.

The consumer is only liable for any depreciation of the goods if this depreciation is due to handling them in a way that is not necessary to check their condition, characteristics, and functioning.

Damage and contamination of any kind are to be avoided. The goods are to be returned to us in their original packaging with all accessories and all packaging components, if possible; protective outer packaging is to be used if necessary. The consumer is responsible for ensuring adequate protection, particularly against transport damage, with suitable packaging; claims for damages due to damage resulting from inadequate packaging are reserved.

4.5 The right of withdrawal shall not apply to the delivery of goods that are custom-made according to customer specifications or are clearly tailored to personal needs.

5. Delivery/Place of Performance/Delivery Time/Delivery Delay

5.1 Binding delivery dates and deadlines must be expressly agreed upon in writing. For non-binding or approximate (approx., about, etc.) delivery dates and deadlines, we will endeavor to adhere to them to the best of our ability.

5.2 Delivery and/or performance deadlines begin upon the customer's receipt of our order confirmation, or in the absence thereof, within 8 business days after the payment order is issued to the transferring credit institution (in case of advance payment) or after the conclusion of the contract (in case of cash on delivery or purchase on account), but not before all details for the execution of the order have been clarified and all other conditions to be met by the customer are fulfilled, in particular, agreed down payments or securities and necessary cooperation services have been fully rendered. The same applies to delivery dates and performance dates. If the customer has requested changes after placing the order, a new, appropriate delivery and/or performance period will begin with our confirmation of the change.

5.3 If we are in default of delivery, the customer must first set us a reasonable grace period of at least 14 days – unless unreasonable – for performance. If this grace period expires without result, the customer is entitled to withdraw from the contract due to the part not yet fulfilled. Further claims by the customer, especially for damages, are excluded in this case.

5.4 If no pickup date is specified in the order for us to confirm and make binding, or if acceptance does not occur on the agreed pickup date, we will ship the contractual goods at our discretion with a carrier appointed by us or store the contractual goods at the customer's expense. We will additionally invoice the customer for the packaging, transport, and insurance costs incurred (the latter if transport insurance has been agreed upon) when shipping.

Upon storage, the customer shall pay a storage lump sum amounting to 1% of the net remuneration per week for the stored goods. Both parties reserve the right to prove lower or higher costs; the customer also reserves the right to prove a complete lack of costs.

6. Shipping/Passing of Risk/Acceptance

6.1 Delivery for orders placed through the online shop is only available to Austria, Switzerland, Italy, France, and Great Britain, as well as within Germany.

6.2 In the case of a "Hol- und Schickschuld" (goods at buyer's risk and expense), the goods are transported at the customer's risk and expense.

6.3 In the case of agreed dispatch, the choice of transport route and means of transport shall remain at our discretion in the absence of any other agreement. However, we will endeavor to take into account the customer's wishes regarding the method and route of shipment, without the customer having any claim to this effect. Additional costs incurred as a result - even in the case of agreed carriage paid delivery - shall be borne by the customer, as shall transport and insurance costs.

If shipment is delayed beyond the agreed-upon date due to the customer's request or fault, we will store the goods at the customer's expense and risk. Clause 5.4, Paragraph 2 shall apply accordingly. In this case, notification of readiness for shipment shall be equivalent to shipment.

6.4 The risk of accidental loss or accidental deterioration transfers to the customer in the case of an agreed collection debt upon handover of the products to be delivered to the customer, in the case of an agreed shipment debt upon handover to the carrier, the freight forwarder, or any other company designated for the execution of the shipment, but at the latest upon leaving our factory, warehouse, branch, or the manufacturer's plant, unless a delivery debt has been agreed upon. The foregoing also applies if an agreed partial delivery is made.

6.5 If the shipment is delayed because we exercise our right of retention due to the customer's complete or partial payment default, or for any other reason attributable to the customer, the risk shall pass to the customer no later than from the date of receipt by the customer of our notification of readiness for dispatch and/or performance.

7. Notice of Defect/Breach of Duty due to Material Defects/Warranty

7.1 The customer must report discernible defects in material without delay, at the latest 12 days after collection upon ex works or warehouse delivery, otherwise after delivery. Latent defects in material must be reported by the customer to us without delay after discovery, and in the latter case, at the latest within the warranty limitation period according to clause 7.2. Failure to report within the specified period shall exclude any customer claims for breach of duty due to defects in material. This shall not apply in the event of intentional, grossly negligent, or fraudulent conduct on our part, in the event of injury to life, limb, or health, or in the event of assumption of a warranty for defect-free performance, or a procurement risk according to § 276 BGB, or other mandatory statutory grounds for liability. The statutory special provisions for final delivery of the goods to a consumer (supplier recourse, §§ 478, 479 BGB) shall remain unaffected.

7.2 For material defects, we provide a warranty for a period of 12 months, starting from the date of transfer of risk (see Section 6.3), or in the case of refusal of acceptance or approval by the customer, from the date of the readiness notice for goods acceptance, unless otherwise expressly agreed in writing or text form. This does not apply if a longer statutory limitation period is mandatory by law. Section 305b BGB (the priority of individual agreements in written form) remains unaffected. The foregoing provision does not entail a reversal of the burden of proof.

7.3 Our warranty (claims arising from breach of duty due to defective performance in the case of material defects) and the resulting liability is excluded insofar as defects and associated damage are not demonstrably due to defective material, defective design or defective workmanship, or defective manufacturing materials or, if owed, defective instructions for use. In particular, the warranty and the resulting liability due to breach of duty due to poor performance is excluded for the consequences of incorrect use, unsuitable storage conditions, and for the consequences of chemical, electromagnetic, mechanical or electrolytic influences that do not correspond to the average standard influences provided for in our product description or a differently agreed product specification or the respective product-specific data sheet on our part or on the part of the manufacturer. The above shall not apply in the event of fraudulent, grossly negligent or intentional action on our part, or injury to life, limb or health, the assumption of a guarantee, a procurement risk in accordance with Section 276 BGB and liability in accordance with a mandatory statutory liability situation.

7.4 We do not assume any warranty under §§ 478, 479 of the German Civil Code (BGB) if the customer has processed, worked on, or otherwise altered the products delivered by us as per the contract, insofar as this does not correspond to the contractually agreed intended purpose of the products.

7.5 The acknowledgment of breaches of duty in the form of material defects must always be in writing.

8. Preise/Zahlungsbedingungen

8.1 All prices are understood to be ex works, and are generally in Euros, gross, excluding sea or air freight packaging, freight charges, postage, plus any country-specific duties for deliveries to countries other than Germany, as well as plus customs duties and other fees and public charges for the delivery/service.

In addition to the stated prices, we charge a flat rate of €10 per order for deliveries within Germany. Please refer to the shipping cost table for the costs of deliveries outside Germany. www.mudotools.de. Articles marked with bulky goods (1), bulky goods (2), or bulky goods (3) will be charged additional fees. Please refer to our shipping cost table for the individual surcharges depending on the type of bulky goods. www.mudotools.de. 

8.2 Payment can be made by credit card (e.g., Visa, Mastercard, American Express, Carte Bleue), instant bank transfer, advance payment, or PayPal. Mudotools reserves the right to offer the „Invoice“ payment method to select customers on a case-by-case basis.

If advance payment by bank transfer is agreed upon, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

In the case of agreed-upon bank transfers, the date of payment is considered to be the date the funds are received by us or credited to our account, or to the account of the payment agent specified by us.

8.3 The purchase price shall be due for payment upon the agreed place of performance: if it is a "Holschuld" (buyer collects), upon receipt of notification that the goods are ready; if it is a "Bringschuld" (seller delivers), upon handover to the carrier; and if it is an agreed "Bringschuld" (seller delivers), upon delivery of the goods. 

8.4 Upon falling into arrears, default interest will be calculated at a rate of 5 percentage points above the base interest rate of the European Central Bank applicable at the due date of the payment claim. The assertion of any further damages remains reserved.

8.5 The customer's right of retention or set-off shall only exist with regard to counterclaims that are undisputed or have been legally established.

8.6 A right of retention may only be exercised by the customer insofar as their counterclaim arises from the same contractual relationship.

8.7 Incoming payments will first be applied to costs, then to interest, and finally to principal balances in order of age.

9. Retention of title / seizures

9.1 We retain ownership of all goods delivered by us (hereinafter referred to as "reserved goods") until all our claims arising from the business relationship with the customer, including future claims from subsequently concluded contracts, have been settled. 

9.2 The customer shall adequately insure the reserved goods, particularly against fire and theft. Claims against the insurer in the event of damage relating to the reserved goods are hereby assigned to us to the extent of the value of the reserved goods.

9.3 In the event of a breach of contract attributable to the customer, particularly in cases of delayed payment, we are entitled to repossess all reserved goods after rescinding the contract. In such cases, the customer is obligated to surrender the goods without further ado and shall bear the transportation costs required for the repossession. The repossession of the reserved goods by us constitutes a rescission of the contract. In the event of rescission, we are entitled to realize the reserved goods. The proceeds from such realization shall be set off, after deduction of reasonable realization costs, against any claims the customer owes us from the business relationship. To determine the stock of goods delivered by us, we may enter the customer's business premises at any time during normal business hours. The customer shall immediately inform us in writing of any third-party access to reserved goods or claims assigned to us.

9.4 In the event of garnishments or other third-party interventions, the customer shall notify us in writing without delay so that we may bring an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). To the extent that the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the customer shall be liable for any loss incurred by us.

10. Disclaimer/Limitation of Liability

10.1 We are liable subject to the exceptions set out below not, especially not for the customer's claims for damages or reimbursement of expenses – for whatever legal reason – in the event of a breach of duties arising from the contractual relationship.

10.2 The preceding disclaimer according to Section 10.1 shall not apply to the extent liability is mandatory by law, as well as:

• for its own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;
• for the violation of essential contractual obligations; „essential contractual obligations“ are those obligations that protect the customer's legally significant position, which the contract is intended to grant to them according to its content and purpose; further essential are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and which the customer has regularly relied on and may rely on the observance of;
• in case of injury to body, life, and health, including by legal representatives or vicarious agents;
• in the event of default, insofar as a fixed delivery and/or a fixed performance date was agreed upon;
• to the extent we have assumed a guarantee for the quality of our goods or the existence of a specific performance outcome, or a procurement risk within the meaning of § 276 BGB;
• in the event of liability under the Product Liability Act or other mandatory statutory grounds for liability.

10.3 In cases where neither we nor our vicarious agents are guilty of gross negligence and no case falling under items 4, 5, and 6 of the preceding section 10.2 applies, we shall be liable for contract-typical and foreseeable damages only, even in the event of a breach of material contractual obligations.

10.4 Customer claims for damages arising from this contractual relationship can only be asserted within a forfeiture period of one year from the statutory commencement of the limitation period. This does not apply if intent or gross negligence is attributable to us, for claims due to injury to body, life, or health, as well as in the event of a claim based on a tortious act or an expressly assumed guarantee or the assumption of a procurement risk within the meaning of § 276 BGB, or in the event that a longer limitation period legally applies.

11. Place of fulfillment/Jurisdiction/Applicable law

11.1 The place of performance for all contractual obligations, unless the obligation is a delivery obligation or otherwise agreed, is the registered office of our company.

11.2 The exclusive place of jurisdiction for all disputes - insofar as the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch) - shall be the location of our company. For the sake of clarity, this jurisdiction rule in sentences 1 and 2 shall also apply to legal situations between us and the customer that may lead to non-contractual claims within the meaning of Regulation (EC) No. 864/2007. However, we are also entitled to sue the customer at his general place of jurisdiction.

11.3 All legal relationships between the customer and us are exclusively governed by the law of the Federal Republic of Germany, specifically excluding the UN Convention on Contracts for the International Sale of Goods (CISG). It is expressly clarified that this choice of law is also to be understood as such within the meaning of Article 14(1)(b) of Regulation (EC) No. 864/2007, and shall therefore also apply to non-contractual claims within the meaning of this regulation. Should mandatory foreign law be applicable in individual cases, our General Terms and Conditions shall be interpreted in a manner that preserves the economic purpose pursued by them to the greatest extent possible.

12. Written form / severability clause

12.1 All agreements, collateral agreements, assurances, and contract amendments must be in writing. This also applies to the waiver of the written form agreement itself. The primacy of individual agreements in written, textual, or oral form (§ 305b German Civil Code) remains unaffected.

12.2 Should a provision of this Agreement be or become entirely or partially invalid/void or unenforceable for reasons of the terms and conditions according to paragraphs 305-310 of the German Civil Code (BGB), the statutory regulations shall apply.

Should a present or future provision of the contract be or become wholly or partially invalid, void, or unenforceable for reasons other than those relating to the provisions on general terms and conditions pursuant to §§ 305-310 of the German Civil Code (BGB), the validity of the remaining provisions of this contract shall not be affected, provided that the performance of the contract – also taking into account the following regulations – does not constitute an unreasonable hardship for one party. The same shall apply if a gap requiring supplementation arises after the conclusion of the contract.

Contrary to any principle that a severability clause should fundamentally only reverse the burden of proof, the effectiveness of the remaining contract provisions shall be maintained under all circumstances, thereby excluding § 139 BGB in its entirety.

The parties shall replace any provision that is ineffective/void/unenforceable for reasons other than those set forth in Sections 305-310 of the German Civil Code (BGB) concerning the law of General Terms and Conditions, or any gap requiring supplementation, with an effective provision that corresponds in its legal and economic content to the ineffective/void/unenforceable provision and the overall purpose of the contract. Section 139 BGB (Partial Invalidity) is expressly excluded. If the invalidity of a provision is based on a measure of performance or a timeframe (deadline or date) specified therein, the provision shall be reconciled with a legally permissible measure that comes closest to the original measure.

13. Final notes/information

13.1 Ordering Process: The desired product can be placed in the shopping cart without obligation by clicking the „Add to Cart“ button. 

The contents of the shopping cart can be viewed at any time by clicking on the „Shopping Cart“ link at the top right, without obligation. 

Products can be removed from your cart at any time by clicking the (X) button. 

To purchase the products in your shopping cart, click the “Checkout“ button.

Please enter your details afterward. Required fields are marked with an *.

After entering your data and selecting your payment method, you will proceed to the order page by clicking the „Continue“ button, where you can review your entries again.

By clicking the „Send Order Now“ button, you will complete the order process.

The process can be canceled at any time by closing the browser window.

On the individual pages, you will find further information, particularly on correction options.

13.2 Contract Text: The contract text will be stored in our internal systems. You can access the General Terms and Conditions at any time at www.mudotools.de review. Order details and terms and conditions will be sent to you by email.

13.3 Final note: The European Commission provides a platform for online dispute resolution (ODR) which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the settlement of any disputes.