GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
These General Terms and Conditions exclusively apply to all deliveries from the deuter online shop to customers in their valid version at the time of ordering. The customer is considered a consumer if they are a natural person entering into a legal transaction primarily for purposes that cannot be attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or legal partnership acting in the course of their commercial or self-employed professional activity when concluding the contract. These general terms and conditions are intended solely for customers who are consumers. Separate general terms and conditions apply to entrepreneurs.
2. CONTRACTING PARTY, CUSTOMER SERVICE
The purchase contract is concluded with deuter Sport GmbH, Daimlerstraße 23, 86368 Gersthofen, Germany (hereinafter referred to as "deuter").
You can reach the deuter customer service for inquiries, complaints, and objections on weekdays from 08:00 a.m. to 4:30 p.m. (until 1:00 p.m. on Fridays) at the following telephone number: +49 (0) 821 4987-0, as well as by email at: shop@deuter.com.
3. DIFFERING TERMS
Differing terms of the customer from these General Terms and Conditions will not be recognized unless deuter expressly agrees to their validity in writing.
4. OFFER AND CONTRACT FORMATION, ORDER PROCESS
The customer can choose from the deuter range of backpacks, bags, sleeping bags, and other products. The deuter online shop at deuter.com represents a sales prospectus. By displaying the selection of products, deuter merely invites the customer to submit orders that constitute an offer.
By clicking the "Add to Cart" button, the customer collects products in a so-called shopping cart that they wish to order. Products can be removed from the shopping cart at any time by clicking the "Remove Product" button. The goods are not reserved during the process, so availability may change during the selection process. By clicking the "Proceed to Checkout" button, the selected products can be purchased. By clicking the "Buy Now" button, the customer places a binding order for the goods contained in the shopping cart.
Before the order is binding, the customer can review and change their inputs at any time. Furthermore, all inputs are displayed again in a confirmation window before the order is binding, and they can be corrected using standard keyboard and mouse functions.
The order can only be submitted and transmitted if the customer accepts these General Terms and Conditions by checking the corresponding box. Before submitting the order, the customer will be informed about the right of withdrawal, the availability of goods, delivery times, and accepted payment methods.
When ordering through the deuter online shop, the order process consists of four steps: In the first step, the customer selects the desired goods. Then, customer data, including billing address and, if different, the delivery address, are provided. Next, the payment method is chosen. In the final step, customers have the opportunity to review and, if necessary, correct all information (e.g., name, address, payment method, etc.) before the order is made binding by clicking "Order Now."
Confirmation of receipt of the order is immediately sent through an automated email (Order Confirmation). The Order Confirmation also simultaneously constitutes an acceptance of the offer by deuter (Order Confirmation). The purchase contract is concluded when deuter accepts the offer. The customer's order is listed once again in the Order Confirmation.
The Order Confirmation includes these General Terms and Conditions and the data protection provisions as an attachment. The Order Confirmation is stored by deuter. The Order Confirmation and the General Terms and Conditions can be printed by the customer at any time using the "Print" function.
The Order Confirmation governs the content and scope of the contract. Supplementary agreements, changes, additions, etc., require separate confirmation, which will be sent via a separate email.
Deuter reserves the right to withdraw from the purchase contract in the event that a consumer has actually acted in the course of their commercial or self-employed professional activity. To do so, deuter reserves the right to verify customer information if the order quantity exceeds household quantities. Deuter does not accept orders from customers who have not reached the age of 18.
The data protection provisions of deuter apply to orders in the deuter online shop.
5. RIGHT OF WITHDRAWAL IN CASE OF INCORRECT PRICE INDICATION
Deuter reserves the right to withdraw from the contract after its conclusion and prior to the delivery of an order if an incorrect price for a product has been indicated on the website due to technical errors or other unforeseen circumstances.
In the event of an erroneous price indication, deuter will promptly notify the customer of the error and provide them with the option to cancel the order or accept the order at the correct price. Should the customer choose to cancel the order, any payments made will be promptly refunded.
Deuter is not liable for damages or losses incurred by the customer as a result of the withdrawal decision due to an erroneous price indication.
The right of withdrawal under this section exclusively pertains to cases of obvious and significant price errors and does not apply to changes in prices due to price adjustments or promotional offers.
6. EXCLUSION OF RESALE
The sale or re-sale of any goods to individuals who are not authorized to purchase or use them due to trade sanctions and embargoes, particularly EU sanctions against Russia in accordance with Regulation (EU) No. 833/2014, as well as the Russia embargo, is expressly and generally prohibited. Similarly, the resale of any products to any individuals or entities who are not authorized to purchase them under the aforementioned regulations is strictly prohibited. Any violation of this sales and resale prohibition may result in legal consequences and severe penalties. Deuter reserves the right to verify customers and to refuse the sale and resale of any goods to unauthorized individuals or entities.
7. STORAGE OF ORDER TEXT
The contract text is stored in our internal systems. The order data and the General Terms and Conditions will be sent to customers via email. The General Terms and Conditions applicable at the time of the order can be accessed at any time in their current version at https://www.deuter.com/uk-en/general-terms-and-conditions. After the completion of the order, for security reasons, the order data is no longer readily accessible over the Internet via the online shop.
8. PRICES AND PAYMENT TERMS
All prices indicated include the respective applicable value-added tax
The purchase price as well as the shipping costs will be clearly communicated to the customer on the order page and in the order confirmation. The buyer is responsible for these costs.
The customer can choose from the payment methods offered during the order process: PayPal, payment by credit card (VISA and MASTERCARD are accepted). For the following payment methods: PayPal, and credit card, the payment of the purchase price, including shipping costs, is due upon conclusion of the contract.
Deuter reserves the right, if there is a legitimate interest, to conduct an automatic credit check of the customer through an inquiry with a credit reporting agency (e.g., SCHUFA Holding AG) during the order process.
The delivered goods remain the property of deuter until full payment is received.
Invoicing is exclusively done electronically in a separate email. The customer can print the invoice at any time using the "Print" function.
9. DELIVERIES, HANDOVER OF GOODS
Delivery is only available within the EU and to the UK. The shipment of goods is carried out by UPS.[LB2] [LS3]
Unless otherwise agreed, the handover of the goods is done by delivering them to the delivery address provided by the customer at their own cost. Deuter bears the shipping risk for ordered goods if the customer is a consumer
The delivery time is 3-5 working days (Monday to Friday, excluding holidays) after the order confirmation. If there are no copies of the product available at the time of the order, deuter will inform the customer before the order is placed. Delivery time may change if a package is held at customs. A contract for the unavailable goods will not be concluded.
In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, deuter is also entitled to cancel the contract. Any payments already made by the customer will be promptly refunded by deuter.
10. STATUTORY WARRANTY RIGHTS
In contracts with consumers, statutory warranty rights apply. Thus, the consumer is entitled to warranty for defects in the purchased goods. In particular, the customer can request rectification (replacement or defect removal).
Deuter assumes no responsibility for options selected by the user, such as the choice of order quantity or product type.
Deviation of the ordered or delivered goods from the order, especially in terms of material and colour, may occur for technical reasons.
Warranty claims of customers who are consumers expire two years after the delivery of the goods. The customer should assert their warranty claims, stating the order number, their name, and address, as well as briefly explaining the reasons. Upon request from deuter, the defective goods should be sent to the following address at the cost and risk of deuter:
deuter Sport GmbH
Complaints/Repair Service
Daimlerstraße 23
86368 Gersthofen
As the manufacturer, deuter provides a voluntary two-year warranty from the date of purchase for each deuter product, in addition to the statutory warranty claims against the specialist dealer or seller. This warranty does not affect statutory warranty rights. The warranty can be claimed in all countries where a deuter product has been authorized for sale by deuter or a distribution partner. Within this two-year warranty period, deuter will, at its discretion, repair or replace the product free of charge for all defects resulting from material or manufacturing faults, provided that a repair is possible. The warranty is void if non-authorized service providers are involved, or non-original deuter spare parts are used. Further warranty terms are accessible to all customers at: https://www.deuter.com/ie-en/responsibility/repair-service/warranty.[LB4] [LS5]
Claims for damages by the customer are excluded. This exclusion does not apply to claims for damages by the customer arising from the violation of life, body, health, or the violation of essential contractual obligations, as well as liability for other damages based on intentional or grossly negligent breaches of duty by deuter, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
In the event of a breach of essential contractual obligations, deuter's liability is limited to the typical, foreseeable damage if such damage is simply caused by negligence, unless it involves claims for damages by the customer arising from the violation of life, body, or health.
These limitations also apply in favour of deuter's legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
11. RIGHT OF WITHDRAWAL FOR CONSUMERS – Cooling off Period
You have the right to withdraw from this contract within fourteen days from receiving the goods without giving any reason.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory.
The withdrawal should be addressed to:
deuter Sport GmbH
Daimlerstraße 23, 86368 Gersthofen
Email: shop@deuter.com
Telephone: +49 (0)821 / 4987 - 0
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
Model withdrawal form:
If the consumer wishes to withdraw from the contract, this form can be filled out and sent to deuter:
To deuter Sport GmbH, Daimlerstr. 23, 86368 Gersthofen, shop@deuter.com.
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on dd.mm.yyyy / received on dd.mm.yyyy (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (if communicated in writing)
Date
(*) Delete as appropriate
The right of withdrawal does not apply to 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, which are not suitable for return due to reasons of health or hygiene if their sealing has been removed after delivery.
12. ASSIGNMENT, SET-OFF
The assignment of claims belonging to the customer arising from the business relationship with deuter is excluded.
Offsetting by the customer is only permissible if their claim is undisputed, legally established, or the claims set off for offsetting originate from the same contractual relationship.
13. DATA PROCESSING NOTICE
Deuter collects customer data as part of the contract processing. Deuter undertakes to treat the personal data of customers confidentially in accordance with data protection regulations (in particular, the GDPR, Data Protection Act and Privacy and electronic communication regulation).
The personal data of the customer, which become known to deuter in the course of a business relationship, will be stored and, if necessary, passed on to affiliated companies for the purpose of order processing. The data is collected, stored, and used by deuter in accordance with the applicable data protection regulations of deuter. For detailed information on data protection, please refer to our privacy policy.
14. REVIEW OF CUSTOMER REVIEWS
The customer reviews published on our online platform solely reflect the personal opinions and experiences of our customers. We, as the provider, do not take responsibility for the accuracy, completeness, or reliability of these reviews. We do not conduct any verification, moderation, or editing of the submitted reviews. Each customer submitting a review is solely responsible for the content of their review and ensures that it does not infringe upon the rights of third parties, complies with legal regulations, and does not contain defamatory, offensive, or otherwise unlawful content. However, we reserve the right to remove or not publish reviews that clearly contain unlawful content or violate our customer review guidelines.
15. FINAL PROVISIONS
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws. The non-exclusive jurisdiction of the courts in Augsburg, Germany is agreed upon.
If you are a consumer with your habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You can file claims related to these General Terms and Conditions arising from consumer protection laws either in Germany or in the EU member state where you live. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We prefer to address your concerns directly with you and therefore do not participate in consumer dispute resolution procedures. Please contact us directly with any questions or issues.
If the customer is a merchant, a legal entity under public law, or a special public-law fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and deuter is the registered office of deuter.
For further information about deuter Sport GmbH, please refer to our legal notice.
Effective January 2024