These Terms and Conditions (“Terms”) apply to all access to, and use of, the Mutonic website and platform (collectively, the “Website/Platform”), as well as all offers, sales, and services facilitated through it, regardless of which Mutonic group entity you are contracting with. Mutonic operates globally through its affiliated entities.

By accessing or using the Platform, you represent and warrant that you do so on behalf of a business entity and have the authority to bind that entity to these Terms. Mutonic does not sell to private consumers, and no consumer protection laws or rights apply.

If you do not agree to these Terms and our Privacy Policy, or if you are not acting on behalf of a business, do not access or use the Platform.

Mutonic reserves the right to modify these Terms at any time, at its sole discretion and without prior notice. The Effective Date and Last Modified Date will be updated accordingly. Your continued use of the Website/Platform after changes are made constitutes your acceptance of such changes.

These Terms are available on all pages of the Mutonic Platform and during the checkout process.

1. Business-to-Business Relationship Only

All transactions conducted via the Mutonic Platform are strictly between business entities (B2B). No products or services are offered, sold, or provided to private individuals acting as consumers. By engaging with Mutonic, you acknowledge and agree that no consumer protection laws, including any withdrawal or return rights under consumer protection legislation, apply to transactions facilitated by Mutonic.

2. About Mutonic

Mutonic primarily serves as the direct trading partner for its customers, facilitating the purchase of IT hardware and related products. In most transactions, Mutonic purchases products from manufacturers or distributors and then resells them directly to the customer.

However, in certain cases, Mutonic may act as an intermediary by aggregating and providing information from third-party suppliers, including product specifications, pricing, stock levels, and approximate delivery times. When acting in this capacity, Mutonic does not own or control the tenders, prices, product information, or offers provided by these third-party sources.

Disclaimer: Regardless of Mutonic’s role in a particular transaction, all product quality, specifications, availability, and delivery times are ultimately subject to the manufacturer’s or applicable supplier’s conditions. While Mutonic strives to ensure that all product information is accurate and up-to-date, Mutonic assumes no liability for errors, omissions, or changes made by third-party sources. If Mutonic is acting solely as an intermediary, all contractual obligations relating to the products themselves rest with the relevant manufacturers or suppliers, as stated in these Terms.

3. Mutonic’s Rights

• Order Management and Optimization:
  Mutonic reserves the right, at any time and at its sole discretion, to cancel or modify orders and to optimize supplier selection for any order placed through the Platform. Such optimizations may include, but are not limited to:
• Selecting an alternative supplier that can offer improved delivery times or better pricing.
• Switching suppliers if a chosen supplier fails to accept or process an order within a timeframe Mutonic deems reasonable.
• Information Dissemination:
  Mutonic may, where deemed appropriate, forward information between buyers and suppliers to maintain clear and efficient communication. This may include relaying messages from a supplier regarding delays or other changes, in a format consistent with Mutonic’s standard practices.
• Supplier Account Intervention:
  Mutonic reserves the right to take over management of a supplier account without prior notice if it believes that the supplier is acting unfairly or not complying with Mutonic’s standards. In such cases, Mutonic may respond to inquiries on behalf of that supplier if necessary to protect its interests and maintain a high service level.

4. Indemnity and Liability

You agree to indemnify and hold Mutonic and its officers, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) Any content, materials, or information you submit, post, or transmit through the Website/Platform;
(b) Your use or misuse of the Platform, services, or materials;
(c) Your connection to the Platform;
(d) Your violation of these Terms;
(e) Your infringement of any third party’s intellectual property rights;
(f) Your violation of any third party’s rights;
(g) Your access to or use of linked websites; and
(h) Any dealings between you and third parties advertising or promoting via the Platform.
All transactions and activities occur in a B2B context. Both parties are expected to act with professional care and diligence. In no event shall Mutonic be liable for indirect, consequential, incidental, or punitive damages, or for loss of profits, data, or business opportunities.

5. Pricing, Fees, Freight, and Transaction Costs

Mutonic may adjust prices to cover shipping, insurance, service levels, return merchandise authorization (RMA) handling, credit terms, complaint handling, and other factors deemed necessary. Such adjustments ensure that Mutonic can maintain a consistent and high-quality service level. Unless otherwise stated, all prices are exclusive of VAT, sales tax, customs duties, or any other similar local taxes or charges that may be applicable. The final price presented at checkout will be the price you pay, with no hidden costs.

6. Ownership, Payment Terms, and Late Payment

• Retention of Title: Until Mutonic has received full and final payment for the products, title to the products remains with Mutonic. Prior to payment in full, the customer shall not resell, pledge, lease, or otherwise dispose of the products without Mutonic’s prior written consent.
• Payment Terms: Unless otherwise agreed in writing, Mutonic will issue an invoice upon dispatch of the products, and payment must be made within the payment period stated on the invoice.
• Late Payment: If the customer fails to pay the invoice by the due date, Mutonic reserves the right to charge late fees, reminder (dunning) fees, and interest in accordance with applicable law. Interest will accrue from the due date until the date of actual payment. Any costs associated with recovering overdue amounts, including legal fees, may be charged to the customer.
• Suspension of Deliveries and Termination: In the event of late or non-payment, Mutonic may suspend further deliveries until all overdue amounts are fully settled. Mutonic also reserves the right to terminate the agreement if the customer fails to pay within a reasonable period after receiving a written demand for payment.

7. Warranty

• Manufacturer’s Warranty Only: All products sold through the Mutonic platform are subject exclusively to the warranties provided by their respective manufacturers or suppliers. Mutonic does not provide any independent warranties beyond those offered by the product’s original manufacturer or supplier.
• No Additional Warranty from Mutonic: Unless explicitly agreed to in a separate written agreement, Mutonic does not offer extended or additional warranties. Any claims regarding product defects, performance, or suitability must be directed to and handled under the manufacturer’s or supplier’s warranty terms.
• Claims and Procedures: Customers may contact Mutonic for assistance in directing warranty claims to the appropriate manufacturer or supplier. However, Mutonic shall not be responsible or liable for the outcome of such claims.

8. Defects, Claims, and Remediation

• Inspection Obligation: The customer is required to promptly inspect the delivered products upon receipt for any visible damage, defects, or incorrect deliveries. Any visible errors or defects must be reported in writing to Mutonic within 2 business days of receipt. Failure to report within this deadline forfeits the customer’s right to claim such defects.
• Hidden Defects: For defects that could not have been discovered through normal, careful inspection at the time of delivery, the customer must submit a written claim as soon as the defect is or should have been discovered, and no later than 2 business days after the defect is identified. Failure to submit a claim within this period forfeits the customer’s right to claim such defects.
• Handling of Claims: When submitting a claim, the customer must provide a detailed description of the defect. Upon receipt of the claim, Mutonic will refer the customer to the relevant manufacturer or supplier, as remediation, replacement, or any other corrective measures are solely a matter between the customer and the respective manufacturer or supplier under their own terms. Mutonic assumes no obligation to perform remediation or replacement.
• Unfounded Claims: If it turns out that a claimed defect is not justified, or that the defect is due to the customer’s improper use, failure to follow instructions, or unauthorized modifications to the product, Mutonic reserves the right to invoice the customer for the costs associated with handling the claim.

9. Copyright

All content on the Website/Platform is protected by copyright law. No portion may be reproduced, distributed, or transmitted in any form or by any means without prior written permission from Mutonic. Copyright © 2015-2025 Mutonic, All Rights Reserved.

10. Acceptable Use

• Only authorized business representatives may initiate requests for quotes, tenders, or place orders.
• All offers, tenders, and acceptances made through the platform are legally binding on the parties involved, as if made in writing or through other direct means.
• Buyers must provide accurate and sufficient product specifications, and suppliers must submit offers that meet these specifications unless explicitly stated otherwise.
• All parties are expected to conduct themselves professionally and in line with standard B2B practices.
• Mutonic may require users to verify their identity and demonstrate authority to act on behalf of a business.

11. Information on the Platform and Confidentiality

Any non-personal information provided to Mutonic is considered non-confidential and may be used, reproduced, or distributed by Mutonic without restriction. Mutonic is free to use any ideas, concepts, know-how, or techniques submitted for any purpose. If confidential information needs to be shared as part of a transaction, please contact Mutonic in advance at team@mutonic.com or +45 70 272 440 for guidance.

12. Warranties and Disclaimers

Except as expressly provided in an agreement between you and Mutonic, the Website/Platform, and all information, services, and materials accessed through it are provided “as is” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Mutonic assumes no responsibility for errors or omissions in information obtained from third-party sources.

13. Abuse

Mutonic reserves the right to close accounts and remove offers in the event of suspected abuse, fraud, forgery, harassment, unethical behavior, or any conduct deemed unprofessional or not in keeping with B2B standards.

14. Cancellation and Withdrawal

Since all transactions are B2B, no consumer rights of withdrawal apply. Where Mutonic is the selling party, no withdrawal rights are offered unless otherwise expressly agreed in writing. Where the selling party is another entity, refer to their terms and conditions for applicable policies.

15. No Right of Return

All sales facilitated through the Mutonic platform are final. Due to the nature of B2B transactions and the difficulty in reselling returned goods, Mutonic does not generally offer any right of return. Once an order is placed and accepted, it is binding, and the customer has no automatic right to return products for a refund or replacement, unless otherwise expressly agreed in writing.

If an exception is granted on a case-by-case basis, it must be documented in a separate written agreement between Mutonic and the customer. In the absence of such an agreement, no returns will be accepted.

16. Force Majeure

Mutonic shall not be liable for any delay or failure to fulfill its obligations under these Terms to the extent such delay or failure is caused by events beyond Mutonic’s reasonable control, which could not have been reasonably foreseen or avoided (“Force Majeure”). Events constituting Force Majeure may include, but are not limited to, natural disasters, war, terrorism, civil unrest, pandemics, strikes, lockouts, government orders, trade restrictions, energy supply failures, communication or IT outages, fire, floods, or other unforeseeable operational disruptions.

In the event of a Force Majeure occurrence, Mutonic will promptly provide notice to the other party, outlining the nature of the event and its expected duration. Mutonic’s obligations under these Terms shall be suspended for as long as the Force Majeure event persists. If the Force Majeure event continues for more than [e.g., 60 days], Mutonic may terminate the affected agreement, in whole or in part, without incurring further liability.

17) Responsibility

Mutonic is not liable for any direct or indirect loss resulting from acts or omissions of third parties, including product defects, inaccurate product descriptions, or incorrect deliveries by external suppliers. Mutonic is not liable for indirect or consequential damages, including but not limited to lost profits, goodwill, missed opportunities, data loss, or losses arising from cancellation or breach of agreements with third parties.

To the fullest extent permitted by mandatory Danish law, Mutonic disclaims product liability. Mutonic is also not liable for property damage, including damage to buildings or other property, arising from defects in the products delivered. Furthermore, Mutonic is not liable for damage to products manufactured by the customer, or to products in which the customer’s products are incorporated.

In the event that Mutonic is held liable notwithstanding the above limitations, Mutonic’s total liability for any loss or damage arising under these Terms, in connection with its deliveries, or the use of the Mutonic platform shall be limited to 100,000 DKK, regardless of the legal basis of liability (whether based on contract, negligence, product liability, strict liability, or otherwise).

18) Jurisdiction

These Terms and any disputes arising from or related to them or the Website/Platform shall be governed exclusively by Danish law. Any such disputes shall be brought before the courts of Denmark, without application of any consumer protection laws or regulations, and considered as a dispute between commercial entities.

Contact Information
If you have any questions about these Terms or the Website/Platform, please contact:
Email: team@mutonic.com
Phone: +45 70 272 440

Acknowledgement
By using the Mutonic Website/Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.