General Terms & Conditions
[This text is provided for informational purposes only. Please note that the English translation of the German original Allgemeine Geschäftsbedingungen des DEGELER-Onlineshops is a courtesy translation only. The German version shall be legally binding.]
1.Scope: All deliveries of goods and services ordered through DEGELER-Onlineshop (henceforth ‘onlineshop’) under the URL www.degeler.com, are subject to these General Terms and Conditions stipulated by the contract partner; DEGELER GmbH & Co. KG, Frankfurter Str. 63 A, 63322 Roedermark, represented by the CEO Frank B. Degeler (henceforth ‘DEGELER’). Different terms for customers are only valid in exceptional circumstances which have been recognised by DEGELER explicitly and in writing.
2. Contract completion: The presentation of the products in the online shop is not representative of any legal binding offer, rather it represents an invitation to make an order. By ordering a product and clicking the button “Zahlungspflichtig bestellen” you agree to a binding offer by purchasing the product in the shopping basket. Before delivery the customer may amend and view the details of the order. DEGELER will conform receipt of the customer’s order immediately via e-mail. This automatically generated acknowledgement, which states the customer’s order and which can be printed by the customer via the “Print” function, is not representative of the offer made by the individual placing the order. The contract with DEGELER will be sent as a separate e-mail order confirmation.
3. Delivery area, delivery companies and delivery time: DEGELER delivers to any address world-wide via a parcel delivery services. Regarding the delivery of goods ordered through the onlineshop the product will be delivered to the customer within the delivery times stated on the website of the offer. Should no delivery times be indicated on the offer’s website, the products will be delivered within 14 days. The delivery time begins, prior to payment of the price of purchase (except for invoice purchases), on the day that we accept the customer’s offer in acc. Number 2 (i.e. on the day that the purchase contract arises).
4. Billing, Quotes: Unless DEGELER, upon reaching a contractual agreement with the customer ascertains and saves their e-mail with DEGELER, the customer agrees that DEGELER will invoice the customer via e-mail. The prices indicated by DEGELER include VAT and any other additional costs. Should the order incur additional costs to the shipping and delivery costs, these will be clearly specified again on the product page, in the shopping basket and on the order page. Possible customs costs must be paid by the customer.
5. Methods of payment: The customer can pay via Paypal or advance payment. In the case of advance payments, DEGELER will provide the customer with the relevant bank transfer details in the order confirmation. The purchasing price must be paid upon completion of the contract. If a calendar date and time for payment has been specified, the customer will be in default without reminder should they fail to pay at that specified time.
6. Retention of ownership: All delivery items shall remain the property of DEGELER until full payment has been recieved.
7. Right of revocation / Widerrufsrecht
7.1 Consumers have a 14-day right of revocation
Notice of revocation/ Right of revocation
You are entitled to withdraw from the contract without any given reason within a period of 14 days. The revocation period is 14 days from the day,
a) that you or a third party elected by you which is not the carrier, have taken possession of the products and/or if you have one or more products, ordered within the scope of a single order and the products are being delivered separately;
b) that you or a third party elected by you has taken possession of the last product and/or the products within the scope of a single order have been ordered and the products are being delivered separately;
c) that you or a third party elected by you which is not the carrier, have taken possession of the last part of an order or have taken possession of the last item, when you have ordered a product which is being delivered in parts or pieces.
Should further or aforementioned alternatives exist, the revocation period begins when you or a third party elected by you which is not the carrier has taken possession of the last product or last part of a delivery and/ or the last item.
To exercise your right to revocation you must, send an explicit declaration (for example a postal letter, a fax or e-mail) notify of your withdrawal from this contract to the following address
DEGELER GmbH & Co. KG
Frankfurter Str. 63 A
63322 Roedermark / Germany
Phone: +49 (0) 6074 885699
Fax: +49 (0) 6074 885696
For compliance with the period of revocation, it is sufficient that you have sent your notice concerning your exercising of the right of revocation before the revocation period has lapsed.
Consequences of revocation
If you withdraw from the contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from choosing a different method of delivery than the cheapest standard delivery offered by us) within 14 days that we received the message informing us of your intention to withdraw from the contract. For repayments, we will use the same payment method with which the original transaction was initiated, unless both parties agree on a different payment method. Under no circumstances will refund fees be added. We reserve the right to withhold refunds until we are in possession of the products, or until we receive proof that the products have been dispatched – depending on which we receive first.
In any case, you are required to send or return the products to us: DEGELER GmbH & Co. KG, Frankfurter Str. 63 A, 63322 Roedermark, Germany /
Phone: +49 (0) 6074 885699, Fax: +49 (0) 6074 885696, Email: firstname.lastname@example.org within 14 days of your notification of your intention to withdraw. The revocation period is preserved if you send the products before the 14 day period has lapsed. You are liable to pay the delivery costs to return the products. You only need to pay for any diminished value of the goods, if this value loss is necessary to ascertain the quality, characteristics and function of the product beyond the necessary extent.
Exclusion of right of revocation
The right of revocation does not apply to contracts for the delivery of goods which are prefabricated and required an individual selection or stipulation by the consumer in their manufacture or was personally manufactured to the needs of the consumer.
End of notice of revocation
7.2 We wish to emphasise that the cost of return a product from overseas is significantly higher than the cost of returning a product from within Germany.
8. Defects: The statutory warranty (Mängelhaftungsrecht) applies to DEGELER’s products. Only for businesses: Should the delivered product be intended for commercial or independent ventures rather than personal use, warranty claims may only be made within a period of one year following the delivery.
9. Liability: In the event of your demonstrating to us defects in the delivered goods, then we shall within a reasonable period arrange either a replacement delivery or cause the defect to be rectified. If we fail to achieve this, then you shall be entitled to choose either to have the purchase rescinded or to have the purchase price reduced. The guarantee period shall be 6 months.
We shall be liable for losses caused by us through the violation of essential contractual obligations (cardinal duties) or through the absence of warranted characteristics. In other respects we shall be liable – irrespective of the legal grounds therefore – only in accordance with the provisions of the German Product Liability Act or in the event of the losses being caused by us or our vicarious agents through gross negligence or wilful intent.
In cases of slightly negligent breaches of essential contractual obligations, our liability shall be limited to the typical foreseeable losses, which as a rule shall not exceed the purchase price of the ordered goods. The liability for all losses caused by slight negligence shall be limited to the damage caused to the ordered goods.
10. Data storage: DEGELER will only save the customer’s details until the order contract is settled and in accordance with German federal data protection laws + (Bundesdatenschutzgesetzes) as well as for tax and trade law archive reasons. DEGELER may share these details with the delivery companies contracted by DEGELER. For more information, please see DEGELER’s data privacy statement (Datenschutzerklärung).
11. Contract text: The contract text will not be stored or saved for the customer and will no longer be available to view on the DEGELER website www.degeler.com after the contract is completed. General terms and conditions can be viewed by the customer at any time. The details of the order and the general terms and conditions will also be sent to the customer via e-mail. Upon completion of the order, the customer’s details will no longer be available online due to security reasons.
12. Applicable law / Court of jurisdiction: German law shall apply, whereby the UN Sales Convention shall be excluded, even if the order is placed abroad or the goods are delivered abroad. If your place of residence or normal domicile is situated abroad, then Langen shall be the place of jurisdiction for all claims associated with your order. We shall also be entitled to pursue claims at your general place of jurisdiction. In the event of a legal dispute, the official summons address shall be: DEGELER GmbH & Co. KG, Frankfurter Str. 63 A, D-63322 Roedermark
You shall only have the right to set off or reduce a claim if your counterclaims have been established with legal effect or if we have recognised these in writing. You shall only be entitled to a right of retention insofar as the claims derive from the same contractual relationship.
Conciliation board of the EU: http://ec.europa.eu/consumers/odr/
In the event of any non-essential part of an agreement under these conditions being or becoming invalid, then this shall not affect the validity of the remaining parts of the agreement.
Data protection notice
DEGELER GmbH & Co. KG takes the protection of personal data very seriously. This section of the website describes our data protection policy and the measures we have in place to protect the personal information that you provide us with.
In addition to complying with all legal data protection requirements, this section of the website clearly sets out how we store and use your personal information, so you can visit our site in the full knowledge that your privacy is protected.
The following information on data privacy lets you know when we save which data and how we use it – in a way, of course, which does not conflict with German jurisdiction in force. Data privacy in our company is based at the level of European data privacy and, in particular, on the current German Data Protection Law. To protect your personal data in matters of Internet usage, we orientate ourselves to the Tele-Media Law of the Federal Republic of Germany. Not only does our company endeavour to meet the statutory data privacy regulations but also attempts to make allowance for the recommendations of acknowledged voluntary self-control committees concerned with data privacy.
As a rule, our website can be used without any personal data being submitted. The collection of personal data (e.g. name, address or email addresses) on our Internet pages is always done, as far as possible, on a voluntary basis. Only with your express permission is this data passed on to third parties. We wish to point out that Internet data transmission (e.g. through emails) is not always a completely secure operation. It is simply not possible to thoroughly protect data from being accessed by third parties. The use of contact data published under the legal notice obligation by third parties for transmitting non-expressly required publicity and information material is herewith expressly refuted. The operators of the sites expressly reserve the right to initiate legal steps given non-solicited publicity information being sent, for instance, in spam mails.
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies” i.e. text files saved on your computer which allow your use of the website to be analysed. Information on your use of the website generated by the cookie is sent, as a rule, to a Google server in the USA, where it is stored. Should IP anonymity be activated on this website, then your Google IP address will, however, be abbreviated beforehand within the member states of the European Union or in other contracting states of the accord on the European Economic Area.
Only in exceptional circumstances is the complete IP address transmitted to a Google server in the USA and abbreviated there. On behalf of the operator of this website, Google uses this information to analyse your use of the website in order to compile reports about website activities and to furnish additional services associated with website and Internet usage for the website operator. The IP address which Google Analytics has sent from your browser is not combined with other Google data.
You can stop cookies being saved by applying the appropriate settings in your browser. We should point out that doing so might prevent you from using the full functionality of the site. Moreover, you can stop the data generated by the cookie and related to your site use (incl. your IP address) being sent to Google and the editing of this data by Google by downloading and installing the browser plug-in available under the following link: tools.google.com/dlpage/gaoptout.
If you are asked to provide personal details via our website, such as your name, address or telephone number, this will be subject to the following provisions: We will use your details for the purposes of marketing for DEGELER GmbH & Co. KG. Your details will not be passed to third parties. An exception to this is formed by service providers who carry out work under contract to DEGELER GmbH & Co. KG and third parties, such as those affiliated with DEGELER GmbH & Co. KG pursuant to Sections 15 ff. German Stock Corporation Act (AktG). In addition to the information that you provide us with, we also use information such as how you use the website to direct you as quickly as possible to information that could be of interest to you, as well as to continually improve our offering.
You are legally entitled at any time to request and receive information on whether and what information we hold on you. Please submit your request in writing to the Data Protection Officer, who will provide you with this information. You can also ask the Data Protection Officer to amend or delete your data.
Your personal data will only be used for advertising purposes without your express consent within the strict limits provided by law. Without your express consent you will not be contacted for advertising purposes by email or telephone. Based on and within the scope of the applicable laws, we process and use the following personal data voluntarily provided by you to the degree required for purposes of advertising our own offers or for transmitting this data to HÖFLINGER for their advertising: your belonging to a certain category of persons (e.g. you being a customer or potential customer of HÖFLINGER), your name, title, academic status, profession, branch or business title, address (however not your telephone or email contact data) and year of birth. For advertising our own offers we may store and use in addition to these details any further data that has been legitimately collected by us. To the extent we transmit the data listed above to our affiliates for their advertising purposes, they are legally obliged to inform you that they have received the data from us (by remark to this effect in the advertising material or the like). In this case we store information on the origin and recipients of the data for a period of two years.
You may object to the use of your personal data for advertising purposes at any time by contacting us at the address given below.
External Service Providers
We are partially assisted in the collection, processing and use of personal data by selected service providers which, in accordance with their assignments, act strictly according to our instructions and which are validated by us before commencing their activities and subsequently monitored on a regular basis.
Information, correction, disabling and deletion of data
In keeping with § 34 and § 6b BDSG you have the unreserved right to obtain information – incurred at no extra cost – on your data we have saved and in keeping with § 35 BDSG the right to have inadmissible data deleted or disabled and/or the right to have incorrect data corrected. Unless something else is determined in this data privacy information, we will delete your personal data 3 months at the latest after the purpose behind saving has ceased to apply to the extent that we are not statutorily committed to a longer period of data storage. Please note that we have no influence on the extent to which your data is saved at Google. If requested, we would be more than prepared to inform you in writing as to whether we have saved personal information relating to yourself and which personal information this involves. If possible, we will adopt suitable steps to update or correct the data we have saved on you at short notice. In such instances, do contact our data privacy officer straight away.
The German Data Protection Law specifies in § 4g that particulars of data privacy relevance are to be made appropriately available to anyone. We have provided particulars on this in our Public Procedural Directory. Simply contact our data privacy officer if you wish to see these particulars.
DEGELER GmbH & Co. KG deploys technical and organisational security measures to protect the information you send to us from accidental or intentional change, loss, destruction or access by unauthorised persons. Our security measures are constantly being improved and updated in line with the latest developments in this area.
If you have any queries, requests or complaints, please contact us, we will be pleased to assist you:
DEGELER GmbH & Co. KG
Frankfurter Str. 63a
Tel.: +49 (0) 6074-88 56 99
Fax: +49 (0) 6074-88 56 96
This data protection notice applies exclusively to the DEGELER website.
DEGELER GmbH & Co. KG, as of 07/2015