General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Home Deluxe GmbH) via the website www.home-deluxe-gmbh.de/uk/ and our sales portals (eBay, Amazon, Rakuten, etc.). Deviations apply with regard to § 2 on the sales portals, insofar as the conclusion of the contract is adapted to the guidelines of the respective portal. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

(3) The purchase contract is concluded with Home Deluxe GmbH. Further information about us can be found in the imprint. You can reach our customer service for questions, complaints and objections always from Mon-Fri 08:00-18:00 / Sat 08:00-13:00 under the telephone number +49 (0)5743 / 61810

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping basket system. The goods intended for purchase are placed in the ‘shopping basket’. You can call up the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time. After calling up the ‘Checkout’ page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the option of checking all details again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the purchase. By submitting the order via the button ‘order with costs’ you submit a binding offer to us.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.

(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Customised goods, copyright

(1) You shall provide us with the appropriate information, texts or files required for the customised design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

(4) Insofar as we create texts, images, graphics and designs as part of the customised design, these are subject to copyright. The use, reproduction or modification of individual parts or complete contents is not permitted without our express consent. Unless otherwise agreed, we transfer to you the right to use the copyrighted works created for you for an unlimited period of time. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.

§ 4 Special agreements on payment methods offered

(1) Purchase on account via Klarna for Germany and Austria

Payment by invoice

In co-operation with Klarna Bank AB (publ), Sveavägen 46,111 34 Stockholm, Sweden, we offer purchase on account as a payment option. Please note that purchase on account is only available for consumers and that payment must be made to Klarna.

Klarna Invoice

When buying on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account for deliveries to the UK here. The online shop charges a fee of 0 euros per order when purchasing on account with Klarna.

(2) Payment

Payment is made by prepayment, PayPal, invoice, instant bank transfer.

• Prepayment If you select the prepayment payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
• PayPal You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process.
• Financing via Santander Kosumerbank
• Instant bank transfer We also offer instant bank transfer. We receive notification of the transfer credit immediately. This speeds up the entire order process. All you need is your account number, sort code, PIN and TAN. Sofortüberweisung automatically sets up a transfer in your online bank account in real time via the secure Sofort AG payment form, which is not accessible to merchants. The purchase amount is transferred immediately and directly to the merchant's bank account.
• For this payment method, we charge a transaction fee of 0.90% of the purchase price per transfer, which is shown in the order process. If you choose the payment method Sofortüberweisung, a pre-filled form will open at the end of the order process. This already contains our bank details. In addition, the transfer amount and the reason for payment are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank sort code. Then enter the same data as when you registered for online banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately afterwards. In principle, any Internet user can use Sofortüberweisung as a payment method if they have an authorised online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find more information on whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.

Further terms of payment and costs within the customer information (II, 8.)

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory regulation. The one-year warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful intent or fraudulent intent on the part of the supplier, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.

(3) If you are an entrepreneur, the following shall apply in deviation from para. 1:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.

c) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and grossly negligent or wilfully caused damage or fraudulent intent, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.

§ 7 Liability

(1) We shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of wilful intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).

(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 8 Choice of law, place of fulfilment, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this. The place of subsequent fulfilment is generally our registered office.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

Home Deluxe GmbH
Schanzeweg 2
32312 Lübbecke
Germany
Telephone: 05743 61810
E-Mail: info@homedeluxe.de

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3.  Contract language, contract text storage

3.1. Contract language is German.

3.2. The complete text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.

5. Prices and payment terms

5.1 The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

5.2 The applicable shipping costs are free of charge within Germany. The shipping costs for deliveries abroad can be viewed by clicking the corresponding button on our website or in the respective item description. They will be shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised. Special conditions apply to deliveries to the German islands; please contact us to request the shipping price separately.

5.3 The payment methods available to you are indicated on our website under a correspondingly labelled button or in the respective item description.

5.4 Unless otherwise indicated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

5.6 Each consignment sent to a country where customs clearance is not carried out is subject to customs duty and value added tax. In postal and freight traffic, the customer is considered to be the importer and is obliged to pay the amounts due. These are levied by the Swiss Post upon delivery of the consignment.

6. Delivery conditions

6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found by clicking on the corresponding button on our website or in the respective item description.

6.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

6.3 The goods will be delivered free to the kerbside at the address you have provided.

If you are a business, delivery and shipment are at your risk.

7. Statutory warranty rights

7.1. Liability for defects in our goods is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I).

7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims. In the event of notification of defects, you may be asked to cooperate by providing defect descriptions and image material.

8. Payment and shipping

The following conditions apply:

Shipping conditions

Delivery is made within Germany and to the following countries: Europe-wide with the exception of Andorra, Gibraltar, Guernsey, Iceland, Jersey, Malta, Macedonia, Moldova, Svalbard and Jan Mayen, Vatican City, Cyprus.

Shipping costs (including VAT)

Deliveries within Germany:

We do not charge any shipping costs.

Deliveries abroad:

Please note the shipping costs given in the item description.

Deliveries to Switzerland:

The total price is made up of the price of the item and the shipping costs. The shipping costs include all customs duties. For deliveries to Switzerland, customs will also charge additional import sales tax (please note the exemption limits!). This tax is NOT included in the purchase price and must be paid by the delivering carrier upon delivery. If your bank charges a fee for a payment from Switzerland to Germany, these must be paid by the buyer and added to the transfer amount. Shipping to a German address is possible. For deliveries within Germany, shipping costs must be requested from Home Deluxe BEFORE purchase by article message, email or telephone.

Delivery times

If no other period is specified in the item description and subject to availability of the goods, the goods will be delivered in Germany within 3-5 days, for deliveries abroad within 7-10 days after receipt of payment (if advance payment has been agreed, after the date of your payment instruction). Please note that no delivery is made on Sundays and public holidays. If you have ordered items with different delivery times, we will send the goods in a single shipment, unless we have made a different agreement with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

If you pick up the goods yourself, we will inform you by email when the goods are ready and how to pick them up. In this case, no shipping costs will be charged.

Payment terms

For deliveries within Germany, you have the following payment options:

• Cash payment on collection
• Prepayment by bank transfer
• Payment by PayPal
• Payment by invoice
• Payment by instant bank transfer

For deliveries abroad, you have the following payment options:

• Cash payment on collection
• Prepayment by bank transfer
• Payment by PayPal
  
  

• Further details about payment

  We reserve the right to request advance payment by bank transfer in individual cases.
  
  The invoice amount is to be paid within 14 days when paying by invoice via Klarna.
  
  If you have any questions, you can find our contact details in the imprint.
  
  Notes on battery disposal
  
  In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to draw your attention to the following: As the end user, you are legally obliged to return used batteries. You can return used batteries that we sell or have sold in our range free of charge to our dispatch warehouse (dispatch address). The symbols on the batteries have the following meaning: The symbol of the crossed-out wheelie bin means that the battery must not be disposed of in household waste.
  Pb = battery contains more than 0.004 per cent by mass of lead
  Cd = battery contains more than 0.002 per cent by mass of cadmium
  Hg = battery contains more than 0.0005 per cent by mass of mercury.
  Please note the above information.
  Right of cancellation for consumers
  (A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.)
  Cancellation policy
  Right of cancellation
  You have the right to cancel this contract within fourteen days without stating any reasons.
  The cancellation period will expire after 14 days from the day

  • on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered uniformly;
  • where you or a third party named by you, who is not the carrier, has taken possession of the last item, provided that you have ordered several items as part of a single order and these are delivered separately;
  • on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item, provided that you have ordered a product that is delivered in several partial shipments or items;
  • In order to exercise your right of cancellation, you must inform us (Home Deluxe GmbH, Schanzeweg 2, 32312 Lübbecke, telephone number: 0574361810, fax number: 05743603919910, e-mail address: info@homedeluxe.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.
  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
  If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (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 14 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the expiry of the fourteen-day deadline. You bear the costs of returning goods that can be sent by parcel post and goods that are sent by a forwarding agent. For goods that, due to their nature, cannot normally be returned by post, you bear the direct costs of returning the goods.
  Please refer to the following list for costs.
  Domestic returns:
  Small package up to 2 kg €8.90
  Package up to 20 kg €17.90
  Package up to 31.5 kg €24.90
  When sending bulky goods (forwarding dispatch), the return costs for the smallest pallet (half-pallet 80 x 60 cm) start at €44.90.
  Returns from abroad:
  Small package up to 2 kg from €15.34
  Package up to 20 kg from €20.48
  Package up to 31.5 kg from €40.95
• 
  
• When sending bulky goods (forwarding dispatch), the returns costs for the smallest pallet (half pallet 80 x 60 cm) start at €81.90.
• If you would like to know the return costs for an item in advance, please email us at: info@homedeluxe.de. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or expiry reasons

The right of cancellation does not apply to contracts

• for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
• for the delivery of alcoholic beverages whose price was agreed at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence;
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
• The right of cancellation expires prematurely in the case of contracts
• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
• Specimen cancellation form

(If you wish to cancel the contract, please complete this form and return it to us.)

• To Home Deluxe GmbH, Schanzeweg 2, 32312 Lübbecke, fax number: 05743603919910, e-mail address: info@homedeluxe.de:
• I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only for paper-based notification)
• Date
• (*) Delete as appropriate.