Terms of Service
1.0 Scope and Provider
1.1 These terms and conditions of DEGELER GmbH & Co. KG (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s www.degeler.com illustrated goods and / or lines concludes. The inclusion of the customer\'s own conditions is hereby contradicted, unless something else has been agreed.
1.2 Customers within the meaning of Section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB). On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity (§ 14 BGB, merchant).
1.3 Contractual Partners
The purchase contract is concluded with:
DEGELER GmbH & Co. KG
Frankfurter Str. 63 A
Legally represented by: D & D Verwaltungs GmbH, Frankfurter Str. 63 A, 63322 Rödermark, legally represented by the managing director Frank B. Degeler
You can reach our customer service for questions, complaints and complaints by e-mail at info@DEGELER.com
2.0 Conclusion of contract
2.1 The product presentations in the online shop represent a binding offer from the seller to the customer. By clicking the "Buy" button, you accept the purchase offer for the products in the shopping cart. If you have selected PayPal as your payment service provider, you will then be PayPal directed to authorize your payment.
2.2 We will confirm your order by sending you a separate email that also contains the text of the contract.
The prices stated on the product pages include statutory value-added tax and other price components and do not include shipping costs, unless otherwise stated on the item page.
4.0 Shipping Costs
4.1 The shipping costs are calculated per item and displayed on the item page directly below the sales price. The shipping costs relevant to the order are displayed on the shopping cart overview.
4.2 A complete overview of shipping costs can be found on every article page under the link "Shipping & Payment".
5.0 Terms of delivery and reservation of self-supply
5.1 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address provided by the customer is decisive.
5.2 If no delivery time for an item is displayed on the item page, a delivery period of 14 days from receipt of payment by the seller applies.
5.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
5.4 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not want a comparable product to be delivered, we will immediately reimburse you for any consideration already paid.
5.6 If the customer orders as an entrepreneur, delivery "ex works" is deemed to have been agreed, deviating from the above. The risk of accidental loss and accidental deterioration is therefore transferred to the customer upon delivery of the goods to a suitable transport person at the seller\'s place of business.
5.7 Orders and deliveries are generally only possible within Europe.
5.8 Delays in delivery: In the event of a delay in delivery, we will inform you immediately.
6.0 Terms of Payment, Electronic Invoice
6.1 Payment can be made either via the payment service provider Amazon or via PayPal. PayPal itself provides the following payment methods: SEPA direct debit, credit card and purchase on account. The payment options available in each case are displayed under "Payment method" before completing the order.
6.2 If you select the "Amazon pay" payment method, you pay the invoice amount to Amazon (Amazon Europe Core S.à rl (Société à responsabilité limitée), 5 Rue Plaetis, L-2338 Luxembourg). To be able to use Amazon Pay, you need an Amazon account. You will receive further information during the ordering process or at https://pay.amazon.com/de/shopper.
6.3 If you select the PayPal payment method, you pay the invoice amount via the online provider PayPal (PayPal (Europe) S.à rl & Cie, SCA). In order to be able to use PayPal, you may need to be registered with PayPal and create a customer account on which your bank or credit card information is stored. After legitimation with the access data, you can confirm the payment order to us. Your PayPal account will be debited with the corresponding amount. You will receive further information during the ordering process or under www.paypal.de.
6.4 If you select the "direct debit" payment method, the payment will be processed via the online provider PayPal.
6.5 If you select the "credit card" payment method, payment is processed via the online provider PayPal. Your credit card will be charged at the time the goods are shipped.
6.6 If you select the payment method "purchase on account", the payment is processed via the online provider PayPal. The invoice amount is due for payment after the invoice has been sent. You must transfer the invoice amount within 14 days of receipt of the invoice.
6.7 The invoice is sent to customers in electronic form.
7.0 Retention of Title; extended retention of title for entrepreneurs
7.1 The goods remain our property until full payment. Before the transfer of ownership, pledging, assignment as security, processing or transformation is not permitted without our consent.
7.2 If the customer orders as an entrepreneur, the following applies instead of No. 7.1:
7.2.1 Ownership of the delivered goods is retained until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if the seller does not always expressly refer to it. In the event that the customer behaves in breach of contract, the seller is entitled to take back the reserved goods.
7.2.3 As long as ownership has not yet passed, the customer must inform the seller immediately in writing if the delivered goods subject to retention of title are seized or exposed to other interventions by third parties. The customer is obliged to provide the seller with all information and documents that are required for a third-party objection action in accordance with § 771 ZPO. Insofar as the third party is not able to reimburse the seller for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred by the seller.
7.2.4 The customer is entitled to resell the reserved goods in the normal course of business. The customer\'s claims from the resale of the reserved goods are hereby assigned to the seller in the amount of the final invoice amount (including sales tax) of the seller\'s claim. The assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The seller\'s authority to collect the claim himself remains unaffected. However, the seller will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment or has not suspended payments.
7.2.5 The seller undertakes to release the securities to which he is entitled at the customer\'s request if their value exceeds the claim to be secured by more than 20%.
8.0 Exclusion of the right of withdrawal for consumers
A right of withdrawal for consumers does not exist for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
9.0 Damage in transit
9.1 If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible (telephone 06074 885699).
9.2 The failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10.1 The warranty for material defects is based on the statutory provisions.
10.2 If the customer orders as an entrepreneur, the following applies in deviation from Section 10.1:
10.2.1 Warranty claims of the entrepreneur presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB.
10.2.2 If the entrepreneur demands supplementary performance due to a material defect, the seller has the choice of the type of supplementary performance.
10.2.3 If the seller makes a replacement delivery as part of the supplementary performance, this is not to be regarded as an acknowledgment of the claim for supplementary performance without further indications. The replacement delivery is always made as a gesture of goodwill.
10.2.4 The seller is liable in accordance with the statutory provisions if the entrepreneur asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the seller\'s representatives or vicarious agents. Insofar as the seller is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
10.2.5 The seller is liable in accordance with the statutory provisions if he is culpable of an essential contractual obligation (obligations, the violation of which jeopardizes the achievement of the purpose of the contract) as well as a cardinal obligation (obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which depends on the sub -recipient regularly trusts), but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
10.2.6 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
10.2.7 Unless otherwise agreed above, liability is excluded.
10.2.8 A violation of the obligations according to Section 9 will be taken into account accordingly within the scope of contributory negligence according to § 254 BGB.
10.2.9 The limitation period for warranty claims is 12 months, calculated from the transfer of risk.
10.2.10 The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.
Liability is based on the statutory provisions.
All information on the protection of your personal data can be found in our separate Data protection.
13.0 Applicable law, place of jurisdiction, contract language
13.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13.2 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
13.3 The contract language is German.
14.0 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ Find. We are not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
Frequently Asked Questions
How does the shopping cart system work?
You can reserve products without obligation by clicking the "Add to shopping cart" button. You can view your shopping cart at any time by clicking on the shopping cart symbol and, if necessary, remove products from the shopping cart again by clicking on the minus sign "-" in front of the quantity information. If you want to buy the products in the shopping cart, click the "Checkout" button. Then enter your personal data or use an express checkout from the providers Shop pay, Google Pay, PayPal or amazon pay.
By clicking on the corresponding button of a provider, you will be forwarded to their site and asked to enter your access data. The payment is then processed via this provider.
Do I have to register?
After selecting the products, you will be asked to enter your data. The mandatory information is marked with a *. You can optionally create a customer account and order for future orders after entering your user name and password without having to enter your address data again.
When will my order be binding?
You can check your entries again on the order page. By clicking the "Buy" button, you complete the ordering process and the purchase contract is binding. The process can be canceled at any time by closing the browser window. You will find further information on the individual pages, e.g. on correction options.
Is the text of the contract saved?
We save the text of the contract. The order data and the terms and conditions will be sent to you by email. You can also view your past orders when you create a user account (choose the "Create customer account" option) in our customer login area. You can view, print out and save the General Terms and Conditions here. In order to be able to read the General Terms and Conditions you need Adobe Reader. This can you here free download