GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of validity
For all deliveries from the DEUTER online shop to customers (hereinafter referred to as "customer"), these General Terms and Conditions of Business exclusively apply in their version applicable at the time the order is placed.
A Customer is a consumer insofar as he is a natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, every natural person or legal entity or a legally responsible partnership that acts in his or its commercial or self-employed professional capacity when the contract is concluded is an entrepreneur.
Deliveries from the DEUTER online shop are carried out within the EU or can be collected at DEUTER at Daimlerstrasse 23, 86368 Gersthofen.
2. Contractual partner, customer service
The purchase contract is concluded with Deuter Sport GmbH,
Daimlerstrasse 23, 86368 Gersthofen (hereinafter "DEUTER").
You can contact DEUTER Customer Service regarding questions, complaints and objections between 7:30 a.m. and 4:45 p.m. (on Fridays to 1:30 p.m.) at the telephone number: +49 (0) 821 4987-0, as well as by e-mail at: firstname.lastname@example.org
3. Deviating conditions
Conditions of the customer deviating from these General Terms and Conditions of Business are not recognised, unless DEUTER expressly agrees to their validity in writing.
4. Offer and conclusion of contract, ordering process
The customer can select backpacks, bags, sleeping bags and other products from the DEUTER product line.
Using the "Add to shopping cart" button, the customer collects products that he wants to order in a shopping cart. The products can be removed from the shopping cart at any time by clicking the "Remove product" button. The selected products can be purchased by clicking the "Check out" button. By clicking on the "Buy now" button, the customer places a binding order for the goods contained in the shopping cart.
Prior to submitting the binding order, the customer can view and change his entries at any time. In addition, all entries are displayed once again in a confirmation window before the submission of the binding order and can also be corrected there by means of the usual keyboard and mouse functions.
The order can only be submitted and transmitted if the customer accepts the General Terms and Conditions of Business by placing the appropriate check mark and thereby adds them to his order. Before submitting the order, the customer is informed of the right of withdrawal, availability of the goods, delivery times and accepted payment methods.
Confirmation of receipt of the order takes place by automated
e-mail (confirmation of receipt) immediately after the order has been sent. The confirmation of receipt simultaneously contains the delivery of a declaration of acceptance by DEUTER (order confirmation).
The purchase contract is concluded by the delivery of the declaration of acceptance by DEUTER. The customer’s order is repeated in the order confirmation.
DEUTER reserves the right to withdraw from the purchase contract in the event that a consumer actually acted in a commercial or self-employed professional capacity. In this respect, DEUTER reserves the right to verify information from customers if the scope of the order does not correspond to common household quantities.
The order confirmation is decisive in terms of the content and scope of the contract. Side agreements, amendments, addenda, etc. require a separate confirmation which is sent in a separate e-mail.
5. Prices and payment terms
All specified prices are inclusive of the applicable statutory value-added tax.
For shipping, flat-rate shipping fees are calculated in the following amount:
|DHL / DPD|
|free from||Freight and packaging|
The purchase price and shipping costs are clearly advised to the customer on the order page and in the order confirmation.
The customer has the choice between the payment methods offered within the framework of the ordering process: Instant transfer, PayPal, payment by credit card (VISA and MASTERCARD are accepted), EC payment and Klarna instant transfer.
For the following payment methods: Instant transfer, PayPal, Amazon payment and credit card, payment of the purchase price, including shipping costs, is due upon conclusion of the contract.
Offsetting by the customer is only permissible if his claim is undisputed or found to be legally valid.
Invoicing takes place exclusively electronically in a separate e-mail. The invoice can be printed out by the customer via the "Print" function at any time.
6. Deliveries, handover of the goods
Delivery takes place only within the EU. The goods are shipped with DHL and/or DPD.
DEUTER bears the risk of shipping for ordered goods when the customer is a consumer. If the customer is an entrepreneur, shipping is at their risk.
The delivery time is 2-3 working days (Monday to Friday, excluding holidays) after order confirmation.
The delivery of the goods takes place by delivery to the delivery address specified by the customer.
If the product is not available at the time of ordering, DEUTER shall inform the customer thereof prior to the order being placed.
In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, DEUTER shall also have the right to withdraw from the contract. DEUTER will immediately reimburse the customer for any payments already made.
7. Retention of title
The goods delivered remain the property of DEUTER until full payment.
8. Statutory defect liability law
In the case of contracts with consumers, the statutory liability for defects applies.
DEUTER assumes no responsibility for the options selected by the user, such as selection of the order quantity or the product type.
Deviations of the ordered or delivered goods from the order, in particular with regard to material and colour, remain reserved for technical reasons.
An additional guarantee exists only if it was expressly issued in the order confirmation regarding the respective product.
Claims of the customer for damages are excluded. This excludes claims for damages of the customer arising from injury to life, body, health or the contravention of essential contractual obligations as well as liability for other damages which are based on a deliberate or grossly negligent breach of duty by DEUTER, their legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of the contravention of essential contractual obligations, DEUTER shall only be liable for typically foreseeable damage if it was simply caused negligently, unless it concerns claims for damages of the customer arising from injury to life, body or health.
The restrictions shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
For orders from the customer who is an entrepreneur pursuant to Section 14 of the Civil Code, the warranty shall be limited to twelve (12) months. For contracts with consumers pursuant to Section 13 of the Civil Code, the warranty shall be two (2) years from receipt of the goods.
The provisions of the Product Liability Act shall remain unaffected.
9. Consumer’s Right to Withdrawal
The consumer shall be able to withdraw from the contract without giving reasons within fourteen days. The withdrawal period shall be fourteen days from the day on which the consumer or a third party named by him, who is not the carrier, took possession of the goods.
In order to exercise the right of withdrawal, the consumer must inform DEUTER via a clear declaration (e.g. letter, online form or e-mail) about the decision to withdraw from the contract.
The withdrawal must be addressed to:
DEUTER Sport GmbH
Daimlerstrasse 23, 86368 Gersthofen
The consumer may use the attached sample withdrawal form for the withdrawal, however, this is not mandatory. The enclosed specimen withdrawal form or another clear declaration can also be completed and transmitted electronically via the DEUTER website.
The consumer must return or handover the goods to DEUTER without delay and in any case within fourteen days of the day on which the consumer informed DEUTER about the withdrawal from this contract. The deadline is kept if the consumer sends the goods before the expiry of the period of fourteen days.
The goods must be returned at DEUTER’s risk. DEUTER shall accept the costs for the return.
In order to comply with the withdrawal period, it is sufficient that the notification about exercising the right of withdrawal is sent before the expiry of the withdrawal period.
If the contract is cancelled, DEUTER shall pay back to the consumer all payments received by DEUTER, including the delivery costs, immediately and at the latest within fourteen days of the day on which the notification about the withdrawal from this contract was received by DEUTER. The same payment method which the consumer used in the original transaction is used for the repayment unless otherwise expressly agreed with the consumer; the consumer shall not be charged any fees for this repayment in any case. DEUTER can refuse repayment until DEUTER has received the goods or until the consumer has provided proof that he has returned the goods, whichever comes first.
The consumer shall only pay for any loss of value of the goods if this loss in value is attributable to an unnecessary handling of the goods for testing the properties, characteristics and functionality of the goods.
The assignment of claims to which the customer is entitled from the business relationship with DEUTER shall be excluded.
11. Information on data processing
DEUTER collects customer data in connection with the processing of contracts. DEUTER undertakes to treat as confidential the personal data of the customers in accordance with the data protection provisions (in particular the GDPR, the Federal Data Protection Act and the Teleservices Act).
For detailed information on data protection, please see our Data Protection Declaration.
12. Final provisions
German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and of the conflict of laws. The non-exclusive jurisdiction of the courts in Augsburg, Germany, is agreed. If you are a consumer with your main residence in the EU, you also enjoy the protection of the mandatory provisions of the laws of your country of residence. You can file claims in connection with these General Terms and Conditions of Business, which arise from consumer-protection standards, optionally both in Germany and in the EU member state in which you live. The European Commission provides aplatform for online dispute resolution that can be found at https: //ec.europa.eu/consumers/odr/. We prefer to resolve your concerns in direct exchange with you and therefore do not participate in the consumer arbitration process. Please contact us directly if you have any questions or problems.
If one of the aforementioned provisions is invalid in whole or in part, this shall not affect the validity of the provision(s) or the remainder of the contract.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.