General Terms and Conditions (with legal information)
1.0 Scope of application and provider
1.1 These terms and conditions of DEGELER GmbH & Co. KG (hereinafter: "Seller") shall apply to any contracts that a consumer or entrepreneur (hereinafter: "Customer") concludes with Seller for any goods and/or services presented by Seller at www.degeler.com. We hereby object to the application of any terms of Customer, except if something else is agreed.
1.2 Customers within the meaning of item 1.1 shall be consumers as well as entrepreneurs, with consumers being individuals who conclude legal transactions for purposes that are predominantly neither intended for their commercial nor self-employed professional activities (§ 13 German Civil Code). In contrast to this, entrepreneurs shall be any individuals or legal entities or legally capable partnerships acting in execution of their independent professional or commercial activities in conclusion of legal transactions (§ 14 German Civil Code, merchant).
1.3 Contracting partner
The purchasing contract shall be concluded with:
DEGELER GmbH & Co. KG
Frankfurter Str. 63 A
Legally represented by: D & D Verwaltungs GmbH, Frankfurter Str. 63 A, D-63322 Rödermark, in turn legally represented by managing director Frank B. Degeler
You can contact our customer service for any questions, complaints and objections by email to info@DEGELER.com
2.0 Conclusion of the contract
2.1 1 The product presentations in the online shop shall be a binding offer of Seller to Customer. By clicking the button "Buy", you will accept the purchase offer for the products in your shopping cart. If you have chosen PayPal as payment service provider, you will subsequently be forwarded to PayPal in order to instruct your payment.
2.2 We will confirm your order by sending you a separate email that also contains the contract texts.
The prices named on the product pages shall include the statutory VAT and other price components and shall generally be stated excluding shopping costs, unless indicated differently on the article page.
4.0 Shipping costs
4.1 The shipping costs shall be calculated per item and indicated on the item page directly below the sales price. The shipping costs relevant for the order shall be indicated in the shopping cart overview.
4.2 For a complete shipping cost overview, see the respective item page under the link "Shipping & Payment".
5.0 Delivery conditions and reservation of own supply
5.1 The delivery of goods shall regularly take place by way of shipping to the delivery address indicated by Customer. When processing the transaction, the delivery address filed by Customer shall be relevant.
5.2 Where no delivery time is indicated for an item on the item page, a delivery period of 14 days from the receipt of payment by Seller shall apply.
5.3 If not all ordered products are in stock, we shall have the right to make partial deliveries at our expense as far as this is reasonable for you.
5.4 If the transport company returns the shipped goods to Seller because delivery to Customer was not possible, Customer shall bear the costs for unsuccessful shipping. This shall not apply if Customer exercises his revocation right by refusing acceptance or if he was temporarily prevented from accepting the offered service, except if Seller has announced the service to him with an appropriate lead time.
5.5 If the ordered product is not available because we have not been supplied with the product by our suppliers without any fault of our own, we may withdraw from the contract. In this case, we shall inform you without delay and suggest delivery of a comparable product to you if possible. If no comparable product is available or if you do not desire delivery of a comparable product, we shall reimburse any compensation you may already have rendered without delay.
5.6 If Customer orders as an entrepreneur, delivery "ex works" shall be agreed deviating from the above. The danger of accidental destruction and accidental deterioration therefore shall pass to Customer at handover of the goods to a suitable transport provider at the registered office of Seller.
5.7 Orders and deliveries shall generally only be possible within Europe.
5.8 Delivery delays: We shall inform you without delay in case of delivery delays.
6.0 Payment terms, electronic invoice
6.1 Payment shall take place either via the payment service provider Amazon or by PayPal. PayPal in turn provides the following payment methods: SEPA direct debit, credit card and purchase against invoice. The respective available payment options are displayed under "Payment method" before completing the order.
6.2 When selecting the payment method "Amazon Pay", you will pay the invoiced amount to Amazon (Amazon Europe Core S.à r.l. (Société à responsabilité limitée), 5 Rue Plaetis, L-2338 Luxemburg). In order to use Amazon Pay, you need an Amazon account. More information will be provided during the ordering process or at https://pay.amazon.com/de/shopper.
6.3 When selecting the payment method PayPal, you will pay the invoiced amount via the online provider PayPal (PayPal (Europe) S.à r.l. & Cie, S.C.A). In order to use PayPal, you may need to be registered with PayPal and create a customer account in which you file your bank or credit card information. Upon legitimation with your access credentials, you can confirm the payment instruction to us. Your PayPal account will be charged with the corresponding amount. More information will be provided during the ordering process or at www.paypal.de.
6.4 When selecting the payment method "direct debit", the payment shall be processed via the online provider PayPal. According to VE.
6.5 When selecting the payment method "credit card", the payment shall be processed via the online provider PayPal. Your credit card will be charged at the time the goods are shipped.
6.6 When selecting the payment method "purchase against invoice", the payment shall be processed via the online provider PayPal. The invoiced amount shall be due for payment after receipt of the invoice. You must transfer the invoiced amount within 14 days of receipt of the invoice.
6.7 The invoice shall be sent to Customer in electronic form.
7.0 Reservation of title; extended reservation of title for entrepreneurs
7.1 The goods shall remain our property until complete payment. Pledging, provision as collateral, processing or re-design shall not be permitted without our consent before transfer of title.
7.2 If Customer orders as an entrepreneur, the following shall apply instead of item 7.1:
7.2.1 Title in the delivered goods is reserved until complete payment of all claims from the delivery contract. This shall also apply to any future deliveries, also for the case that Seller does not always expressly refer to it. If Customer acts in violation of the contract, Seller shall have the right to recover the reserved goods.
7.2.3 While title has not passed yet, Customer shall inform Seller in writing without delay if the delivered reserved goods are seized or subject to other third-party access. Customer shall be obligated to provide any information and documents required for a third-party opposition complaint pursuant to § 771 Code of Civil Procedure to Seller. As far as the third party is unable to reimburse Seller for the court and out-of-court costs for a claim according to § 771 Code of Civil Procedure, Customer shall be liable for the loss incurred by Seller.
7.2.4 Customer shall have the right to sell the reserved goods on in the regular course of business. Customer hereby assigns his claims from further sale of the reserved goods to Seller, at the amount of the final invoiced total (including VAT) for the claim of Seller. The assignment shall apply independently of whether the reserved goods have been sold on without or after processing. Customer shall remain entitled to collect the claim even after the assignment. Seller's right to collect the claim directly shall not be affected by this. Seller shall, however, not collect the claim while Customer meets his payment obligations from the collected revenues, does not enter default of payment or cease to make payments.
7.2.5 Seller commits to releasing the collateral due to it upon Customer's request if its value exceeds the claim to be secured by more than 20%.
8.0 Exclusion of the revocation rights for consumers
Consumers shall not have any revocation rights in case of contracts for the delivery of goods that are not pre-produced and the production of which essentially depends on individual selection or specification by the consumer or that are clearly customised to the personal needs of the consumer.
9.0 Transport damage
9.1 If goods are delivered with obvious transport damage, please report such defects to the person making the delivery at once and contact us as soon as possible (phone +49 (0)6074 885699).
9.2 If you do not submit a complaint or contact us, this shall not have any consequences regarding your statutory warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.
10.1 The warranty for defects of materials shall be according to the statutory provisions.
10.2 If Customer orders as an entrepreneur, the following shall apply in deviation from item 10.1:
10.2.1 Warranty claims of entrepreneur shall require that he has properly met his examination and reporting obligations owed according to § 377 German Commercial Code.
10.2.2 As far as the entrepreneur demands subsequent performance due to defect of material, Seller shall have the choice of the type of subsequent performance.
10.2.3 As far as Seller performs a replacement delivery in the scope of subsequent performance, this shall not be deemed acceptance of the claim to subsequent performance without any further indications. The replacement delivery shall generally be made out of goodwill.
10.2.4 Seller shall be liable under the statutory provisions if the entrepreneur asserts any damages claims based on wilful intent or gross negligence, including due to wilful intent or gross negligence of the representatives or agents of Seller. As far as Seller is not charged with wilful violation of the contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
10.2.5 Seller shall be liable under the statutory provisions if he culpably violates any essential contractual obligation (obligations the violation of which endangers achievement of the contractual purpose) or a cardinal obligation (obligations the compliance with which is required for proper execution of the contract and the compliance with which the entrepreneur regularly trusts in), but in each case only for the foreseeable damage typical for the contract. Seller shall not be liable for any slightly negligent violation of other than the above obligations.
10.2.6 Liability due to culpable violation of life, body or health shall not be affected; this shall also apply to the mandatory liability under the product liability act.
10.2.7 As far as nothing different is stipulated above, liability shall be excluded.
10.2.8 Violations of the obligations according to item 9 shall be considered accordingly in the scope of shared fault according to § 254 German Civil Code.
10.2.9 The period of prescription for warranty claims shall be 12 months, calculated from passing of risk.
10.2.10 The period of prescription in case of delivery recourse according to §§ 478, 479 German Civil Code shall not be affected; it shall be five years from delivery of the defective object.
Liability shall be subject to the statutory provisions.
12.0 Data privacy
All information on the protection of your personal data will be provided in our separate data privacy note.
13.0 Applicable law, jurisdiction, contractual language
13.1 Any legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, subject to exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law shall only apply as far as the protection granted by mandatory provisions of the law of the state in which the consumer has his common abode is not withdrawn by this.
13.2 If Customer is an entrepreneur, legal entity under public law or public-law special fund, the exclusive place of jurisdiction for any disputes from this contract shall be Seller's registered office. This shall apply accordingly if Customer does not have any general place of jurisdiction in Germany or in the EU or if the place of residence or common abode are not known at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction shall not be affected.
13.3 The contractual language shall be German.
14.0 Alternative resolution of disputes pursuant to sect. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online resolution of disputes (OS) that you can find at https://ec.europa.eu/consumers/odr/. We are not obligated and generally not willing to participate in any dispute resolution proceedings before any consumer arbitration office.
Frequently Asked Questions
How does the shopping cart system work?
Products can be bookmarked without commitment by clicking the button "Into the shopping cart". You can view your shopping cart at any time by clicking the shopping cart symbol and remove any products from the shopping cart again by clicking the "X" behind the quantity. If you want to buy the products in the shopping cart, click the button "Checkout". Alternatively, you can use the payment processing service "Amazon Pay" of Amazon. Clicking the button "Amazon Pay" will forward you to www.amazon.de, where you will be asked to enter your Amazon access credentials. The payment will then be processed via Amazon.
Do I have to register?
You will be asked to enter your data after selecting the products. The mandatory information is marked with an *. Optionally, you may set up a customer account and order without entering your address data anew after entering your user name and password for any future orders.
When will my order be become binding?
You can review your input again on the order page. By clicking the button "Buy", you will complete ordering. The process can be cancelled at any time by closing your browser window. The individual pages will provide further information, e.g. on correction options.
Will the contract text be saved?
We will save the contract text. The order data and the terms and conditions will be sent to you by email. Your past orders can be viewed in our customer login area as well when you set up a user account (Select the option "Create user account"). The terms and conditions can be viewed here, printed out and saved. In order to read the terms and conditions, you will need Adobe Reader. You can download it free of charge here.
As of: 04.2018