Deltec GmbH Terms and Conditions Online Selling
- The general terms and conditions regulate the contractual relationship between Deltec GmbH and customers (private customers and companies). The version valid during the ordering process applies. The terms and conditions are on the website deltec-aquaristic.com and can be downloaded here.
- Regulations deviating from these conditions will not be recognized.
- Only orders from Germany are accepted and processed.
2. Conclusion of the contract
- The offers on our website represent a non-binding invitation to customers to order products and services.
- The customer puts one or more products in the shopping cart and then selects the delivery modalities and the payment method.
- By pressing the order button, the customer submits a binding offer to conclude a purchase contract.
- The customer then receives an incoming order e-mail. This does not represent an order confirmation or acceptance of the offer, but is merely a confirmation that the customer’s order has been correctly transmitted to Deltec GmbH.
- The purchase contract is concluded when the goods are dispatched or an order confirmation is sent to the customer by e-mail within 5 working days.
- The customer’s offer is considered rejected if the processes mentioned under (5) are not carried out by Deltec GmbH.
3. Prices, delivery, shipping costs
- The prices in our webshop apply at the time of the order. The prices listed are in euros including German sales tax plus shipping and packaging costs.
- Deliveries are usually made in 5 working days. Deliveries are usually made with the Deutsche Post (DHL), but can also be carried out with other forwarders or senders in individual cases. The decision lies with Deltec GmbH.
- The orders are packed in packages. Up to an order value of € 148.99, we charge a flat shipping fee of € 5.00 per package.
- From an order value of € 149.00 we do not charge any shipping costs.
- If, for example, goods have to be specially packaged due to their size (e.g. on a pallet), these will be billed to the customer.
- Deliveries are only made to Germany.
- The customer will be informed if the products cannot be delivered immediately.
- Should unforeseen events occur that make delivery impossible, Deltec GmbH is entitled to withdraw from the contract.
4. Retention of title, payment
- The products remain the property of Deltec GmbH until they have been paid for in full.
- We accept payments via Paypal and bank transfer.
- After receipt of the money, the goods will be shipped (prepayment).
5. Right of withdrawal
- Consumers have the right to cancel the purchase contract within 14 days without giving reasons.
- The withdrawal period begins at the point in time at which the consumer or a third party appointed by him takes possession of the goods.
- In order to exercise the right of withdrawal, a clear statement must be sent to:
Steller Straße 75
E Mail: firstname.lastname@example.org
Phone: 04221 – 925262
The declaration must clearly result in the decision to withdraw from this contract.
It is recommended to use the attached withdrawal form template. However, this is not mandatory. The pattern can be downloaded here.
Consequences of the withdrawal
If the customer cancels the contract, all payments that Deltec GmbH has received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that a different type of delivery than the standard delivery was chosen) must immediately and be repaid at the latest within 14 days from the day on which the notification of the cancellation of the contract was received by Deltec GmbH. The same means of payment will be used for this repayment that the customer used for the original transaction, unless something else was expressly agreed. In no case will additional fees be charged for this repayment. Deltec GmbH can refuse repayment until it has received the goods back or evidence has been provided that the goods have been returned, whichever is earlier. The goods are to be returned or handed over immediately and in any case no later than 14 days from the date on which Deltec GmbH was informed of the cancellation. The deadline is met if the goods are sent before the period of 14 days has expired.
- The consumer bears the direct costs of returning the goods. Parcels sent back to us freight collect will not be accepted.
- The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling of the consumer that is not necessary to check the nature, properties and functionality of the goods.
6. Warranty and Disclaimer
- Deltec GmbH guarantees that the goods delivered are free from defects in accordance with the current state of the art.
- No guarantee can be given for defects and damage resulting from improper use and non-observance of the instructions for use.
- In commercial transactions, defects must be reported immediately, but no later than 2 weeks after receipt of the goods, otherwise claims for defects are excluded. Section 377 of the German Commercial Code (HGB) also applies
- The warranty period for consumers is 2 years. In commercial transactions, the warranty for defects that were not recognizable during the examination according to Section 377 (2) of the German Commercial Code (HGB) is 1 year.
- In the case of used goods, the warranty period for consumers is generally 1 year.
- Unless expressly agreed, further claims by the buyer – regardless of the legal reason – are excluded. We are therefore not liable for damage that did not arise directly in the delivery item; in particular, we are not liable for lost profits or other financial losses suffered by the buyer. This limitation of liability does not apply if we or our vicarious agents are guilty of willful intent or gross negligence or if the damage is based on a breach of essential contractual obligations or claims according to Sections 1, 4 of the Product Liability Act. Furthermore, the limitations of liability do not apply to damage resulting from injury to life, limb or health; in these cases we are also liable for simple negligence on the part of our legal representatives or our vicarious agents. Liability from warranty statements is also unaffected.
- As far as our liability is excluded, this also applies to the personal liability of our employees and vicarious agents.
7. Data protection
- Personal information will not be passed on to third parties and will only be stored for processing the order and any warranty processing. After these purposes have been completed, we will keep your address data in our customer database.
- You can object to the storage and use of your data beyond the above-mentioned purposes at any time and without justification.
8. Place of jurisdiction and choice of law
- The place of jurisdiction for all disputes arising from the contractual relationship is Delmenhorst, provided the customer is a merchant, a legal entity under public law or a special fund under public law. In the event of a legal dispute, the summonable address is: Deltec GmbH, represented by the managing director Jan Nels, Steller Strasse 75 in 27755 Delmenhorst, Germany.
- German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
- The provisions of the UN sales law expressly do not apply.
- The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
- Should one or more provisions of these general terms and conditions be completely or partially ineffective or lose their legal effectiveness later, this shall not affect the effectiveness of the remaining terms and conditions.
Delmenhorst in May 2022