Terms and Conditions

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1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Use of promotional vouchers
10. Use of gift certificates
11. Applicable law
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Vadym Volkov, operating under the trade name “MultiCook” (hereinafter “Seller”), apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 For the purposes of these Terms, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside his/her trade, business, or profession.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance begins on the day after the Customer sends the offer and ends at the end of the fifth day after the offer is sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his/her declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, SCA, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) in accordance with the PayPal User Agreement and privacy policy.

2.5 The contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been placed. The Seller does not make the contract text available in any other way. If the Customer created a user account in the Seller’s online shop before placing the order, the order data are archived on the Seller’s website and can be accessed by the Customer free of charge via the password-protected user account using the relevant login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser’s zoom function, which enlarges the display. The Customer can correct his/her entries during the electronic ordering process using standard keyboard and mouse functions until the Customer clicks the button that completes the order.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the online shop.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, if spam filters are used, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment option(s) will be communicated to the Customer in the Seller’s online shop.

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

4.4 If the Customer selects a payment method offered via PayPal, payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller makes advance payments to the Customer (e.g., purchase on account or installments), the Seller assigns its payment claim to PayPal or to a payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the assignment, PayPal or the commissioned payment service provider performs a credit check using the transferred Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment intervals. In this case, payment can only be made to PayPal or the commissioned payment service provider with discharging effect. However, even in the event of an assignment, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, dispatch, returns, complaints, notices of cancellation, and return shipments or credit notes.

4.5 If the Customer selects the payment method “SOFORT,” payment processing is carried out by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (“SOFORT”). To pay via “SOFORT,” the Customer must have an activated online banking account for participation in “SOFORT,” authenticate accordingly during the payment process, and confirm the payment instruction. SOFORT then executes the payment transaction immediately and the Customer’s bank account is debited. Further information is available at the provider’s website.

4.6 If the Customer selects a payment method offered via “Shopify Payments,” payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods are shown to the Customer in the Seller’s online shop. Stripe may use other payment services for processing, for which separate terms may apply. The Customer will be informed separately where possible.

5) Delivery and shipping terms

5.1 If the Seller offers shipping of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stored in the Seller’s order processing system is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the initial shipping costs if the Customer effectively exercises the right of withdrawal. With regard to return shipping costs, the provisions in the Seller’s cancellation policy apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk passes generally only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the above, the risk also passes to a consumer as soon as the Seller has handed the goods over to the carrier etc., provided that the Customer has commissioned the carrier and the Seller has not previously named the carrier to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply by its own suppliers. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a congruent hedging transaction with due care. The Seller will make reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

• by e-mail

6) Retention of title

If the Seller makes advance deliveries, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

Unless otherwise stated below, statutory warranty provisions apply. For contracts for the delivery of goods, the following applies:

7.1 If the Customer acts as an entrepreneur:

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery;
• for used goods, warranty rights and claims are excluded;
• the limitation period does not begin anew if replacement delivery is made within the scope of warranty for defects.

7.2 The above limitations and shortening of periods do not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller fraudulently concealed the defect,
• for goods used in accordance with their customary use for a building and which caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in contracts for goods with digital elements.

7.3 For entrepreneurs, limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, the Customer is requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation:

• in cases of intent or gross negligence,
• for intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise regulated,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply to the liability of the Seller for its vicarious agents and legal representatives.

9) Use of promotional vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (“Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the promotion, provided that the corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

9.7 Any remaining credit will not be paid out in cash and does not earn interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of the statutory right of withdrawal.

9.9 A Promotional Voucher is transferable. The Seller may discharge its obligation by providing the service to the respective holder who redeems the Promotional Voucher in the online shop. This does not apply if the Seller knows or, due to gross negligence, does not know that the holder is not entitled, lacks legal capacity, or lacks authority to act on behalf of another person.

10) Use of gift certificates

10.1 Vouchers that can be purchased via the Seller’s online shop (“Gift Certificates”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift Certificates and any remaining balance can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

10.3 Gift Certificates can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

10.4 Multiple Gift Certificates can be redeemed within one order.

10.5 Gift Certificates can only be used to purchase goods and not to purchase other Gift Certificates.

10.6 If the value of a Gift Certificate is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

10.7 Any remaining credit will not be paid out in cash and does not earn interest.

10.8 Gift Certificates are transferable. The Seller may discharge its obligation by providing the service to the respective holder who redeems the Gift Certificate in the online shop. This does not apply if the Seller knows or, due to gross negligence, does not know that the holder is not entitled, lacks legal capacity, or lacks authority to act on behalf of another person.

11) Applicable law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

12) Alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.