Terms and Conditions
Terms and Conditions for the online shop of DEUBA GmbH & Co. KG
1.1. The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter referred to as CUSTOMER) via the online shop of DEUBA GmbH & Co. KG, Zum Wiesenhof 84, 66663 Merzig, Germany (hereinafter: SELLER) under the domain www.deubaxxl.com.
1.2. These General Terms and Conditions contain special regulations for customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (hereinafter: COMPANY). These special clauses for the commercial traffic are marked by an explicit reference to COMPANY and do not apply to transactions with consumers in accordance with § 13 of the German Civil Code (BGB).
1.3. The SELLER does not recognize the General Terms and Conditions of the CUSTOMER deviating from these Terms, unless the SELLER has accepted them expressly and in writing.
2. Conclusion of the contrat
2.1. The CUSTOMER can insert the desired items into the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the necessary contact data for shipping and payment, and must complete the order by clicking on the "SEND ORDER" button.
2.2. Input error, in particular items dropped by mistake in the shopping cart, the CUSTOMER can correct by entering the desired quantity in the shopping cart and correcting buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating the respective step using the "next" and "back" buttons of the browser.
2.3. The presentation of the products in the online shop of the SELLER is a non-binding invitation to the CUSTOMER to order. By placing the order, the CUSTOMER makes a binding offer to conclude the contract for the items contained in the shopping cart. The SELLER will automatically confirm receipt of the order by email without delay. This automated order confirmation means that the contractual relationship comes into being.
2.4. The purchase contract is concluded with DEUBA GmbH & Co. KG, Zum Wiesenhof 84, 66663 Merzig, Germany.
2.5. Contractual language is German.
3. Contract text storage
The contract text is saved by the SELLER. The order data will be sent to the CUSTOMER separately in text form (email). These Terms and Conditions can also be accessed and printed in the online shop.
Consumers are in principle entitled to a statutory right of withdrawal. The legal provisions for any existing right of withdrawal are contained exclusively in the revocation instruction, which is available for the CUSTOMER in the context of the ordering process.
5. Prices and shipping costs
5.1. The prices valid on the day of the order as shown in the online shop apply.
5.2. The prices displayed in the online shop are expressed in pounds and include the statutory value added tax.
5.3. When purchasing goods delivered in a package or in any other way by post, the following applies: the prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before the order is placed.
5.4. Within UK, the delivery of goods delivered by post (package, parcel, letter, forwarding, etc.) is free of charge. Additional charges apply for shipping to Norther Ireland, to the Scottish Highlands and to the following British Isles: Jersey (JE), Guernsey (GG), Isle of Man (IM). We do not ship to the other islands.
5.5. For all orders/deliveries abroad, a flat-rate shipping fee is calculated in accordance with the shipping costs table available in the online shop. The shipping fee for international shipping is also visible in the shopping cart before sending the order.
5.6. In the case of cross-border deliveries, further taxes (e.g. in the case of intra-community acquisition) and/or duties (e.g. custorm duties) may have to be paid by the CUSTOMER.
6. Terms of payment
6.1. The SELLER only accepts the payment methods offered in the online shop during the ordering process. The CUSTOMER selects the payment method preferred by him from the available payment methods.
6.2. If a delivery is made against payment by credit card, the CUSTOMER, by announcing his credit card details, shall issue the authorization to pay the full invoice amount, including the delivery and shipping costs incurred at the due date, via the relevant credit card companies. At the end of the ordering process, the CUSTOMER is asked to enter his credit card number, the expiry date of the credit card and the check digit in the corresponding form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a required second authentication feature by displaying the credit institution's website. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. The type of identification that is used depends on the respective payment service provider (e.g. the credit card institution of the CUSTOMER). In this case, the charge is initiated with the order confirmation.
6.3. If payment is made via PayPal, the CUSTOMER must have a PayPal account and legitimize himself with his PayPal credentials. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. The PaymentPal payment method can also be used to pay without a PayPal user account. With regard to the guest function of PayPal, the provisions available via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, he or she may be asked for a required second authentication feature, depending on the amount of the payment or the type of delivery, by displaying the bank's website. The CUSTOMER must then verify the payment process with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app.
6.4. Set-off rights are only granted to CUSTOMERS who are CONTRACTORS in accordance with Section 14 of the German Civil Code (BGB) if the counterclaims are legally established, undisputed or recognised by the SELLER or the claims against each other are based on the same legal relationship. This prohibition of set-off does not apply to CUSTOMERS who are consumers in the Section 13 of the German Civil Code (BGB).
7. Terms and Conditions of Delivery and Shipping - Information on the calculation of the delivery date
7.1. Delivery of the goods, which are sent in a parcel or otherwise, by post, is made by post (parcel, small parcel, letter, forwarder, etc.) to the delivery address indicated by the CUSTOMER in the order, unless otherwise agreed with the CUSTOMER.
7.2. Delivery to Pickup point / locker is not possible.
7.3. The delivery time is given separately for the respective item or for the product description on the item page.
7.4. The delivery time indicated on the item page begins on the working day following the date of conclusion of the contract.
7.5.The risk of accidental loss and accidental deterioration of the sold item shall be increased in the case of deliveries to contractors with the handover to the contractor himself or to a person entitled to receive the goods, in the case of the purchase of the shipment already with the delivery of the goods, to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold in accordance with § 446 of the German Civil Code (BGB) shall pass to the consumer upon the handover of the goods to the consumer. With regard to the risk, the handover is the same if the CUSTOMER is in default of acceptance.
7.6. Orders can be placed by all customers from the European Union. Orders are only delivered to UK. Additional charges apply for shipping to Northern Ireland, to the Scottish Highlands and to the following British Isles: Jersey (JE), Guernsey (GG), Isle of Man (IM). We do not ship to the other Islands.
7.7. In the event of delivery delays, the SELLER will inform the CUSTOMER immediately.
7.8. If the carrier returns the purchased item to the SELLER, as delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs of a new shipment. This does not apply if the CUSTOMER has exercised a possible right of withdrawal in parallel with the refusal, or if he is not responsible for the circumstance which led to the impossibility of service or if the CUSTOMER is temporarily involved in the acceptance of the offered performance was prevented, unless the SELLER had announced the performance to him a reasonable time in advance.
8. Retention of title
8.1. The SELLER reserves the ownership of the sold goods until full payment of the purchase price.
8.2. The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or transferred to security before full payment of the secured claims. The CUSTOMER must inform the SELLER immediately, in text form, if third parties access the goods of the SELLER, and to what extent.
8.3. In the event of a breach of contract by the CUSTOMER, in particular in the event of non-payment of the purchase price due, the SELLER is entitled to withdraw from the contract in accordance with the legal requirements, and to require that the goods are returned to him, because of the retention of title and his withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER can only assert these rights if a reasonable period of time has previously been set for payment to the CUSTOMER without success or if such a deadline is unnecessary in accordance with the legal requirements.
9. Legal warranty / Liability for defects / Obligation to claim
9.1. The rights in case of defects of the purchased item are governed by the legal provisions.
9.2. The remedies for defects falling to the CONTRACTORS who are traders, within the meaning of the German Commercial Code (HGB), assume that they have faced the obligations of examination and claim falling to them under § 377 of the Commercial Code. (HGB), within 14 calendar days of receipt of the goods, in text form and as appropriate. This obligation of complaint does not apply to CUSTOMERS who are consumers, within the meaning of § 13 BGB (German Civil Code).
9.3. The limitation period, for the recourse for defects to the CONTRACTORS, is 12 months from the transfer of the risk to the CONTRACTOR. This reduction of the obligation of legal guarantee does not apply to the CUSTOMERS who are consumers, within the meaning of § 13 BGB (German Civil Code).
10.1. The claims of the CUSTOMER for damages or compensation for futile expenses against the SELLER are governed by these provisions without regard to the legal nature of the claim.
10.2. The liability of the SELLER is excluded, regardless of the legal grounds, unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the liability of the SELLER is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER according to the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3. For damages resulting from the injury to life, body or health, which are based on a breach of the obligations by intent, gross negligence or negligence on the part of the SELLER or a legal representative or auxiliary of the SELLER, the SELLER is responsible in accordance with the legal provisions.
10.4. If the SELLER violates, at least negligently, an essential contractual obligation, that is to say an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability on the typically occurring damage, i.e. to such damages, the occurrence of which must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfilment makes the proper execution of this contract possible in the first place and on whose compliance the CUSTOMER regularly trusts and may rely.
11. Data storage and data protection
Only the data protection regulations of the data protection declaration on the website www.deubaxxl.com apply.
12. Note in accordance with Article 14 of the Online Dispute Resolution (ODR) regulation
12.1.CUSTOMERS who are consumers in accordance with § 13 of the German Civil Code (BGB) have the opportunity to have an online arbitration procedure in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens) with the assistance of a recognised conciliation body. To do so, they can use the EU's online arbitration platform at the URL: https://ec.europa.eu/consumers/odr/.
12.2. The online arbitration procedure is not a mandatory condition for the appeal of competent ordinary courts, but represents an alternative way of resolving differences that may arise within the framework of a contractual relationship.
12.3. Other national provisions for the conduct of conciliation procedures remain unaffected by the above provisions in clauses 12.1 and 12.2.
13. Note according to § 36 VSBG (German Law on Settlement of Disputes between Consumers)
13.1. For CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code (BGB), there is in principle the possibility to use an alternative resolution procedure within the meaning of § 36 of the VSBG.
13.2. The alternative conciliation procedure is not a mandatory condition for the appeal of competent ordinary courts, but is an alternative way of resolving disputes that may arise in the context of a contractual relationship..
13.3. The SELLER does not participate in the alternative dispute settlement procedure within the meaning of § 36 of the VSBG.
14. Information on battery disposal (destruction)
The instruction below relates the handling of goods by end-users when these goods are made of batteries or if these goods contain batteries.
Free return of used batteries:
Batteries must not be disposed of in household waste. They are legally obliged to return used batteries in order to ensure proper disposal. You can hand over used batteries at a municipal collection point or at local retailers. As a distributor of batteries, the SELLER is obliged to take back used batteries, and its obligation to take back batteries of the kind which it offers and sells or has offered and distributed as new batteries. You can send waste batteries of the aforementioned kind to the SELLER in sufficient franked mail or hand them over directly at the registered office of the SELLER free of charge.
Meaning of the battery symbols:
Batteries display the crossed-out wheeled bin logo. They cannot be disposed of as domestic waste. Batteries that contain more than 0,0005 percent mercury by weight, more than 0,002 percent Cadmium by weight or more than 0,004 percent Lead by weight, are to be disposed in the bins marked with the abbreviation of the chemical term („Cd“ for Cadmium, „Hg“ for Mercury and „Pb“ for Lead):
Environmentally sound disposal of WASTE electrical equipment
According to the Electrical and Electronic Equipment Act (ElektroG), we are obligated to withdraw old electrical goods supplied by us and to ensure their reuse or proper disposal. We are obliged to point out the following to you:
Electrical waste or batteries that display the crossed-out wheeled bin logo cannot be disposed of as domestic waste.
Old electrical equipment usually contains hazardous substances. These substances can have significant impacts on health and environment. As a consumer, you are legally obliged to return old electrical equipment to an authorised collection point. This ensures that the old electrical equipment is being disposed professionally and prevents harmful effects on the environment. It is free of charge and ensures environmentally friendly recycling.
Deleting personal data:
Please note that the electrical equipment might still contain personal data. It is in each consumer own responsibility to clear the data. If data is not being deleted securely, no guarantee can be given that the data will not fall into the hands of unauthorized persons.
Disposal of contained batteries and lamps:
Please remove waste batteries and lamps before the disposal of devices. Dispose separately.
15. Final dispositions
15.1. The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
15.2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall be deemed only to the extent that the protection afforded by mandatory provisions of the law of the State in which the consumer stay is withdrawn.
15.3. If the CUSTOMER is a merchant, a legal entity under public law or a public law institution with special budget, the exclusive jurisdiction for all disputes arising from this contract is the seat of the SELLER located at 66663 Merzig, Germany.
15.4. The same rule applies if the CUSTOMER is an ENTREPRENEUR and does not have general jurisdiction in Germany or where his or her place of residence or usual place of residence is not known at the time of lodging the complaint. The power of the SELLER to appeal also to the court of another legal jurisdiction, is not affected.
16. Information on data protection under EU GDPR
Our company regularly checks your creditworthiness for existing customers when entering into contracts and in certain cases where there is a legitimate interest. To this end, we cooperate with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss Germany, from which we receive the necessary data. For this purpose, we will transmit your name and contact details to Creditreform Boniversum GmbH. The information in accordance with Article 14 of the EU Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH can be found here: https://www.boniversum.de/eu-dsgvo/?lang=en.
You will find more information on data protection here