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 is fourteen days with effect from the day,

• 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 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;

To exercise your right of cancellation, you must inform us (Home Deluxe GmbH, Schanzeweg 2, 32312 Lübbecke, telephone number: +49 (0)5743 / 6181 0, fax number: 05743 / 6181 999, 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 cancellation 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.

Consequences of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose 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 refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. 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 cannot normally be returned by post due to their nature, you will bear the direct costs of returning the goods.

Returns can only be sent to the following address:

Home Deluxe GmbH, Am Alten Markt 34, 32361 Preußisch Oldendorf, Germany.

The deadline is met if you send the goods before the expiry of the fourteen-day deadline.

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.

Please refer to the following list for the costs.

Domestic returns:

Small parcel up to 2 kg €8.90

Parcel up to 20 kg €17.90

Parcel 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 parcel 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 shipping bulky goods (forwarding), the return 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 only have to pay for any loss in value of the goods if this loss in value is due to unnecessary handling on your part to check the nature, properties and functioning of the goods.

Exclusion or expiry reasons

The right of withdrawal 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 fill out this form and return it to us.)

• To Home Deluxe GmbH, Schanzeweg 2, 32312 Lübbecke, fax number: 05743 / 6181 999, e-mail address: info@homedeluxe.de

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Home Deluxe GmbH) via the www.home-deluxe-gmbh.de website and our sales portals (eBay, Amazon, Rakuten, etc.). With regard to § 2, the following applies to the sales portals insofar as the realisation of the contract is adapted to the guidelines of the respective portal. Unless otherwise agreed, the inclusion of your own terms and conditions is rejected.

(2) A consumer in the sense of the following regulations is any natural person who enters into a transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of their independent professional or commercial activity.

(3) The purchase contract is concluded with Home Deluxe GmbH. You can find further information about us in the imprint. You can contact our customer service for questions, complaints and claims from Monday to Friday from 8:00 a.m. to 6:00 p.m. and on Saturdays from 10:00 a.m. to 3:00 p.m. at 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 do not constitute a binding offer to conclude a contract.

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

Before sending the order, you have the opportunity to check all the information again, to change it (also using the ‘back’ function of the internet browser) or to cancel the purchase. By clicking the ‘Buy now’ button to send the order, you are making a binding offer to us.

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

(4) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 10 days.

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

(6) Please observe any instructions for use/assembly instructions, as they contain important information about the product. You can find a digital version on the associated article details page.

§ 3 Individually designed goods, copyright

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

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

(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.

(4) Insofar as we create texts, images, graphics and designs as part of the individual design, these are subject to copyright. Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we shall transfer to you a temporally unlimited right of use to the works created for you and protected by copyright. You are expressly prohibited from making the protected works or parts thereof available to third parties, either privately or commercially, in any way. 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

Payment by invoice

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

Klarna Invoice

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

(2) Payment

Payment is made in advance, by PayPal, invoice, Pay with Amazon, or instant bank transfer.

• Prepayment: If you choose to pay in advance, 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 be registered there or register first, legitimise with your access data and confirm the payment instruction to us (exception: guest access if applicable). You will receive further instructions during the ordering process.
• When paying via Amazon, you will be redirected to your Amazon account during the ordering process. Your details will be taken from the address data stored there. Your account will be debited directly by Amazon when the goods are shipped.
• Financing via Santander Consumer Bank
• Instant bank transfer We also offer instant bank transfer. This means that we receive the notification of the transfer credit immediately. This speeds up the entire ordering process. All you need is your account number, bank 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.
• We charge a transaction fee for this payment method of 0.90% of the purchase price, which is shown in the order process. If you choose the Sofortüberweisung payment method, 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 purpose of the transfer are already displayed in the form. You must now select the country in which your online banking account is held and enter the bank code. Then enter the same data as for logging in to online banking (account number and PIN). Confirm your order by entering the TAN. The transaction will be confirmed immediately afterwards. In principle, any internet user can use the instant transfer as a payment method if they have an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.

Further payment terms and costs can be found in the customer information (II, 8.).

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if the claims arise from the same contractual relationship.

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

(3) If you are a business, the following applies in addition:

a) We reserve ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

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 accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you fail to 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 or 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 insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be entitled to select the securities to be released.

§ 6 Warranty

(1) The statutory rights of liability for defects shall 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 does not apply to damages attributable to us and culpably caused by injury to life, limb or health and grossly negligent or intentionally caused damages or fraudulent intent on the part of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.

(3) Insofar as you are an entrepreneur, the following applies in deviation from paragraph 1:

a) Only our own information and the manufacturer's product description shall be deemed agreed with regard to the nature 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 quality and quantity deviations and to notify us in writing of obvious defects within 7 days of receipt of the goods; to meet the deadline, timely dispatch is sufficient. This also applies to hidden defects discovered later from the time of their discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

c) In the event of defects, we will, at our discretion, either rectify the defect or provide a replacement delivery. If the rectification of defects fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, 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 does not apply to damages attributable to us and caused by culpable injury to life, limb or health and grossly negligent or intentionally caused damages or fraudulent intent, as well as 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 intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item and in all other cases provided by law.

(2) Liability for defects under the statutory warranty is 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 is limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations that arise from the nature of the contract and whose violation would jeopardise the achievement of the purpose of the contract, as well as obligations that the contract imposes on us in terms of its content in order to achieve the purpose of the contract, the fulfilment of which is essential to the proper performance of the contract 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 over the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

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

(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that 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 domicile or usual place of residence is not known at the time the action is brought. The right to also appeal to the court at another legal place of jurisdiction remains unaffected. The place of subsequent performance is generally our registered office.

(3) The provisions of the UN Sales Convention expressly do not apply.

II. Customer information

1. Identity of the seller

Home Deluxe GmbH 

Schanzeweg 2 

32312 Lübbecke 

Germany  

Phone: 05743 61810 

Email: info@homedeluxe.de

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the contract conclusion 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. The contract language is German.

3.2 We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.

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

4. Key features of the goods or services

The essential characteristics of the goods and/or services can be found in the article description and the additional 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 Shipping costs are free of charge within Germany. The shipping costs for deliveries abroad can be accessed via a correspondingly labelled button on our website or in the respective article description, are shown separately during the course of the order process and are to be borne by you in addition, unless free delivery has been promised. Special conditions apply to island shipping; in this regard, please contact us and request the shipping price separately.

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

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

5.6 Every shipment to non-customs-cleared countries is subject to customs duties and VAT. In postal and freight traffic, the customer is considered the importer and is obliged to pay the amounts due. These are levied by Swiss Post upon delivery of the item.

6. Delivery terms

6.1 The delivery terms, 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 curb at the address you provided.

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

7. Statutory Right of Defect Liability

7.1 The 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 do not comply with this, this will not affect your statutory warranty claims. In the event of notification of defects, you may be asked to cooperate by providing descriptions of the defects and image material.

8. WEEE compliance registration number

In accordance with the legal requirements of the Waste Electrical and Electronic Equipment Directive (WEEE Directive) in France, we are obliged to have a registration number. Our WEEE compliance registration number for France is FR347159_05FWJZ. This number refers to the EPR number in connection with waste electrical and electronic equipment. For more information about our WEEE compliance and regulatory compliance, please do not hesitate to contact us.

9. Payment and shipping

The following conditions apply:

Shipping terms

We deliver to Germany and 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 consists of the item price and shipping costs. The shipping costs include all customs duties. For deliveries to Switzerland, customs will charge additional import sales tax (please note the exemption limits!). This tax is NOT included in the purchase price and must be paid upon delivery by the delivering carrier. If your bank charges bank fees 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 delivery within Germany, the shipping costs must be requested from Home Deluxe BEFORE purchase by article message, email or telephone.

Delivery times

Unless otherwise stated in the item description and subject to availability, delivery within Germany will be made 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 deliveries are made on Sundays or 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.

Terms of payment

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

Cash payment on collection

Prepayment by bank transfer

Payment by PayPal

Payment by Amazon

Payment by invoice

For deliveries abroad, you have the following payment options:

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

Further payment details

We reserve the right to only carry out delivery in individual cases against prepayment by bank transfer.

The invoice amount is to be settled within 14 days when paying by invoice via Klarna.

If you have any questions, you can find our contact details in the imprint.

Information on battery disposal

In connection with the sale of batteries or with 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 old batteries, which we sell or have sold as new batteries, 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 of mercury by mass.

Please observe the above information.

Right of cancellation for consumers

(A consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.)

Cancellation policy/right of cancellation

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, provided that you have ordered one or more goods in a single order and that these are delivered in a single delivery ; on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided that you have ordered several goods 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 taken possession of the last partial shipment or the last item , provided that you have ordered a product that is delivered in several instalments or pieces; 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, the price of which was agreed when the contract was concluded, but which cannot be delivered until at least 30 days after the contract was concluded and whose current value depends on market fluctuations over which the company has no influence; for the delivery of newspapers, periodicals or magazines, with the exception of subscription 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.

To Home Deluxe GmbH, Schanzeweg 2, 32312 Lübbecke,

Fax number: 05743 / 6181 999,

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 communications) Date