GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
All deliveries from the Deuter Online Store to customers* (hereinafter referred to as the “Customer”) shall be governed exclusively by the version of these General Terms and Conditions valid at the time the order is placed.
The Customer is a Consumer if he/she is an individual who enters into a legal transaction for purposes that cannot be predominantly attributed to his/her commercial or independent professional activity. On the other hand, a business is any individual or legal entity who enters into the contract in performance of its commercial or independent business activity.
Deliveries from the Deuter Online Store are made within the EU. Purchases may also be picked up directly from Deuter at Daimlerstraße 23, 86368 Gersthofen, Germany.
* These and other collective terms always comprise the masculine, feminine, and other forms.
2. CONTRACTUAL PARTNERS, CUSTOMER SERVICE
The purchase contract is entered into with Deuter Sport GmbH, Daimlerstraße 23, 86368 Gersthofen, Germany (hereinafter "Deuter ").
You may contact Deuter's Customer Service with any questions, complaints, and objections on weekdays from 8:00 AM to 4:30 AM (and on Fridays until 1:00 PM) by calling the following number: +49 (0) 821 4987-0, or via email at: email@example.com
3. DEVIATING TERMS AND CONDITIONS
Any terms and conditions provided by the Customer that deviate from these General Terms and Conditions shall not be recognized unless Deuter expressly agrees to their validity in writing.
4. OFFER AND ENTRY INTO CONTRACT, ORDER PROCESS
The Customer can select from Deuter’s range of backpacks, bags, sleeping bags, and other products.
The Deuter Online Store at deuter.com constitutes a sales prospectus. By presenting its product selection, Deuter is merely inviting the Customer to place orders based on the offerings.
By clicking on the button “Add to Shopping Cart," the Customer adds products that he/she wants to order to a so-called shopping cart. Products may be removed from the shopping cart at any time by clicking on the button “Remove Product.” Items are not reserved just by being added to the shopping cart. Consequently, their availability may change during the shopping process. The products may be purchased by clicking on the “Check Out” button. By clicking the "Buy Now" button, the Customer places a binding order for the items in the shopping cart.
Before the binding submission of the order, the Customer may view and change his/her items in the cart at any time. All items in the cart are then displayed again in a confirmation window before the binding submission of the order, and they can also be corrected there using the typical keyboard and mouse functions.
The order can only be placed and submitted if the Customer has accepted these General Terms and Conditions by ticking the appropriate box, thereby accepting them by submitting his/her order request. Before the order is placed, the Customer is informed of his/her right of withdrawal, the availability of the items, delivery times, and the accepted payment methods.
There are four steps for placing an order on the Deuter Online Store: During the first step, the Customer chooses the items he/she wants. The Customer then enters the relevant customer data, including the billing address, and, if applicable, a separate delivery address. The Customer then selects a payment method. In the last step, the Customer can review all information one more time (e.g., name, address, and payment method) and correct this information if necessary before the order becomes binding by clicking on the “Place Order” button.
Confirmation of receipt of the order is sent immediately afterwards in the form of an automated email (confirmation of receipt). The confirmation of receipt also contains Deuter’s statement of order acceptance (order confirmation). The purchase contract is entered into when Deuter provides its order confirmation. The order confirmation also itemizes the Customer’s order.
These General Terms and Conditions along with all applicable provisions of personal data protection laws are attached to the order confirmation. Deuter stores the order confirmation. The Customer may print out the order confirmation and the General Terms and Conditions by clicking on the “Print” button at any time.
The order confirmation determines the agreement's content and scope. Side agreements, amendments, supplements, and any other modifications require a separate confirmation to be sent in a separate email.
Deuter reserves the right to withdraw from the purchase contract if a Consumer has acted in the exercise of a commercial or independent professional activity. To this end, Deuter reserves the right to check the information provided by the Customer if the size of the order does not correspond to quantities customarily ordered by single households. Deuter shall not accept orders from the Customer if he/she has not yet reached the age of 18.
5. STORAGE OF THE ORDER TEXT
The text of the contract is stored on our internal systems. The order information and the General Terms and Conditions are sent to the Customer via email. The General Terms and Conditions that apply to the order may be accessed in their currently valid version at any time at https://www.deuter.com/de-de/agb. After the order is completed, the order information shall no longer be readily accessible via the Internet through the online store for security reasons.
6. PRICES AND PAYMENT CONDITIONS
All prices quoted include value added tax at the current statutory rate.
Flat-rate shipping fees shall be charged for shipping in the following amounts:
Free with a minimum order of
Including packaging and freight
The purchase price and shipping costs are again clearly indicated to the Customer on the order form, the order acknowledgment, and the invoice. The buyer must bear these costs.
The Customer may choose from the following payment methods offered during the order process: Instant bank transfer, PayPal, payment by credit card (e.g., Visa and MasterCard are accepted).
For the following payment methods: Instant bank transfer, PayPal, and credit cards, payment of the purchase price, including shipping costs, is due upon entry into the contract.
Deuter reserves the right to perform an automatic credit check of the Customer by sending an inquiry to a credit reporting agency (e.g., SCHUFA Holding AG) if it has a justified interest in doing so during the order process.
All delivered goods remain Deuter’s property until they have been paid for in full.
Invoices are issued only electronically in a separate email. The Customer may print out the invoice by clicking on the “Print” button at any time.
7. DELIVERIES, HANDOVER OF THE ITEMS
Deliveries are only made within the EU. Items are delivered via DHL and/or DPD.
Unless otherwise agreed, the goods are handed over when they are delivered to the shipping address provided by the Customer at his/her own expense. Deuter bears the shipment risk for the goods when the Customer is a Consumer pursuant to §13 of the German Civil Code. If the Customer is a business, the shipment is made at its own risk.
The delivery time frame is 2–3 business days (Monday to Friday, except for holidays) from the time of order confirmation. If the product is not available at the time of the order, Deuter shall inform the Customer of this before the order is placed. A contract for goods that are not available is not entered into.
If delivery is delayed to more than two weeks, the Customer may cancel the contract. In such a case, Deuter may also cancel the contract. Deuter shall immediately refund any payments already made by the Customer.
8. LEGAL LIABILITY FOR DEFECTS
Legal liability for defects applies to contracts concluded with Consumers. Consumers may make claims under a warranty for defects for purchased goods according to §§ 437 et seq. of the German Civil Code. In particular, Customers may demand subsequent performance (a new delivery or rectification of the defects); however, Deuter may make a new delivery to Customers if the rectification of defects entails a disproportionate expense.
Deuter accepts no liability for the options selected by the User, such as the selected order quantity or product type.
Deuter reserves the right to make changes to the goods ordered or delivered from the ones specified in the order, specifically with regard to materials and colors, due to technical constraints.
The warranty claims of Customers who are Consumers shall expire two years after the goods have been delivered. For orders placed by Customers who are a business pursuant to §14 of the German Civil Code, the warranty is limited to twelve (12) months. Customers may assert their warranty claims by providing the order number, name, address, and a brief statement of the reasons. At Deuter’s request, Customers shall ship the defective goods to Deuter for inspection at Deuter’s expense and risk to the following address:
Deuter Sport GmbH
Complaints and Repair Department
86368 Gersthofen, Germany
As the manufacturer, Deuter provides its own two-year voluntary warranty for every Deuter product from the date of purchase, which goes beyond the statutory warranty period that dealers or retail sellers must provide. The warranty may be claimed in all countries in which Deuter products are sold by Deuter or an authorized partner distributor. Within this two-year warranty period, Deuter shall remedy all defects attributable to defects in materials or manufacturing free of charge by repairing or replacing the product, as long as a repair is possible. Interventions by service providers not authorized by Deuter and the use of aftermarket spare parts (i.e., not original Deuter parts) shall invalidate the warranty. All other warranty terms and conditions for all Customers may be accessed at: https://www.deuter.com/de-de/verantwortung/reparaturservice/garantie.
Customers are not entitled to claim compensation for damages, exception for Customer claims for damages due to death or bodily injury, a breach of essential contractual obligations, or for liability for other damages arising from to a breach of duty due to the willful misconduct or gross negligence of Deuter, its legal representatives or agents. Material contractual obligations are obligations that must be met to fulfill the contract’s purpose.
In the event of a breach of material contractual obligations, Deuter is liable only for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are due to bodily injury or death.
The restrictions also apply in favor of the provider’s legal representatives and agents if claims are asserted directly against them.
The provisions of the German Product Liability Act remain unaffected.
9. CONSUMER RIGHT OF WITHDRAWAL
Consumers have a fourteen-day right of withdrawal pursuant to the following cancellation policy.
Right of withdrawal:
Consumers may withdraw from the contract within fourteen days without having to provide any reason. The withdrawal period is fourteen days from the day on which the Consumer or a third party designated by them has taken possession of the goods.
To exercise the withdrawal right, the Consumer must notify Deuter of the decision to withdraw from the contract by means of an unequivocal statement (e.g., by letter, online form or e-mail).
The withdrawal must be sent to:
Deuter Sport GmbH
Daimlerstraße 23, 86368 Gersthofen, Germany
Telephone number: +49 (0)821 / 4987 - 0
The Consumer may use the attached withdrawal form to provide notice of withdrawal, but this is not required. The attached withdrawal form or other unequivocal statement may also be filled out and transmitted via Deuter’s website. To comply with the withdrawal period, the notification of the exercise of the right of withdrawal must be sent before the expiration of the withdrawal period.
Consequences of the withdrawal:
Consumers must return or hand over the goods to Deuter without delay, but in any case within fourteen days of informing Deuter of their withdrawal from this contract. The fourteen-day period is upheld if the Consumer sends the goods before this period’s expiry. The goods are returned at Deuter’s risk. Deuter bears the costs of the return shipment.
If the contract is canceled, Deuter shall reimburse the Consumer for all payments received from this Consumer, including shipping charges without delay, and at the latest within thirty days of Deuter’s receipt of the notice of withdrawal from this contract. The same payment method used by the Consumer for the original transaction shall be used to credit the reimbursement, unless otherwise expressly agreed to with the Consumer; in no case shall the Consumer be charged for this reimbursement. Deuter may refuse to make the refund until it has received the returned goods or until the Consumer provides proof that he/she has returned the goods, whichever comes first.
The Consumer must pay for any loss in value of the goods only if this loss in value is due to handling that is not necessary to test the quality, characteristics and functioning of the goods.
Consumers wishing to return the goods may request a return within 30 days of purchase. The following return form may be used for this purpose: https://www.deuter.com/de-de/gast-retourenformular.
A Consumer wishing to withdraw from the contract may fill out this form and send it to Deuter at:
Deuter Sport GmbH, Daimlerstr. 23, 86368 Gersthofen, Germany, firstname.lastname@example.org.
I/we (*) hereby withdraw from the contract that I/we entered into for the purchase of the following item(s):
- Ordered on dd/mm/yyyy / received on dd/mm/yyyy (*)
- Name of Consumer(s)
- Address of Consumer(s)
- Signature of Consumer(s) in case of a written communication
(*) Strike out the inapplicable pronoun
The right of withdrawal does not apply to the delivery of goods that are not fully assembled and that were manufactured to the individual requirements of the Consumer or which have been clearly customized to suit the Consumer’s personal needs, or which are not suitable for return due to health protection or hygienic reasons if their seal is removed after delivery.
10. ASSIGNMENT, OFFSETTING
Claims against Deuter to which the Customer may be entitled arising from the business relationship may not be assigned to third parties.
Customer offsetting is only allowed if the Customer’s claim is undisputed or legally established, or if the offsetting claims arise from the same contractual relationship.
11. PERSONAL DATA PROCESSING NOTICE
Deuter collects the Customer's data in the course of processing contracts. Deuter shall treat the Customer’s personal data confidentially in accordance with the provisions of data privacy law (in particular the GDPR, the German Data Protection Act, and the German Telemedia Act).
12. FINAL PROVISIONS
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and of conflict of law provisions. The non-exclusive legal jurisdiction in Augsburg, Germany is hereby agreed to.
Consumers whose principal residence is in the EU also enjoy the protection of the mandatory provisions of the law of their country of residence. Consumers may choose to file claims under the General Terms and Conditions arising from consumer protection standards in both Germany and the EU member state where they live. The European Commission has an Online Dispute Resolution Platform located at https://ec.europa.eu/consumers/odr/. We prefer to resolve your concerns directly with you and, therefore, we do not participate in consumer arbitration proceedings. Please contact us directly with any questions or problems.
If any of the above provisions is or becomes legally invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provision(s) or of the contract shall not thereby be affected.
If the Customer is a business, a legal entity under public law or a special public law entity, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Deuter shall be that of Deuter’s registered office.
You can find more information on Deuter Sport GmbH in the Legal Notice.
Version: EN 10/2022