terms and conditions
General conditions of sale
scope
These terms and conditions apply to all purchases made by private customers at 58deal .
Private customers in this sense are persons with a residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login.
Prices and shipping costs
The prices shown are final prices including VAT. The amount that applies is the amount shown at the time of the binding order. In addition, there are shipping costs that depend on the shipping method and the size and weight of the goods you order. You can find out more details at .
payment
Payment is made upon delivery by
- Amazon Pay
- Apple Pay
- Google Pay
- Credit card
- Direct debit
- Giropay
- Paydirect
- PayPal
- Klarna
- Skrill
Late payment
If you are in default of payment, 58deal entitled to demand default interest of 5 percentage points above the base interest rate pa announced by the Deutsche Bundesbank for the time of the order. If 58deal If a higher damage caused by delay has demonstrably occurred, 58deal entitled to assert this.
Right of retention
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- Poland
- Czech Republic
- Switzerland
- France
- Luxembourg
- Belgium
- Netherlands
- Europe
-Countries outside the EU
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, 58deal is not obliged to provide the service. Any amounts already paid will be refunded by 58deal immediately.
(3) 58deal may also refuse to provide the service if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Any amounts already paid will be refunded by 58deal immediately.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a freight forwarder. 58deal expressly points out that these goods will not be carried into the house.
Retention of title
The delivered goods remain the property of 58deal until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may not resell the goods or dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Rights of defects
(1) If a product is already defective upon delivery (warranty case), 58deal will, at the customer's discretion and at 58deal 's expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that no warranty case exists if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
- a) in the event of damage caused to the customer through misuse or improper use,
- b) in the event of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) Furthermore, 58deal does not provide any warranty for a defect that has arisen due to improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an expenditure which, in view of the product price and the content of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in the service - whereby in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer must be taken into account - the customer's claim is limited to the other type of subsequent performance. The right of 58deal to refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.
(4) In the case of both repair and replacement, the customer is obliged to send the product at 58deal 's expense to the return address specified by 58deal, stating the order number. Before sending the product, the customer must remove any objects he has inserted from the product. 58deal is not obliged to examine the product for the installation of such objects. 58deal is not liable for the loss of such objects unless it was immediately apparent to 58deal when the product was returned that such an object had been inserted into the product (in this case, 58deal will inform the customer and have the object ready for the customer to collect; the customer will bear the costs incurred). In addition, before sending a product for repair or replacement, the customer must create separate backup copies of the system software, applications and all data on the product on a separate data storage device if necessary and deactivate all passwords. No liability is accepted for data loss. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired product or replacement product has been returned to him.
(5) If the customer sends the goods in to receive a replacement product, the return of the defective product is governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, he must reimburse the value of the use he derived from them. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for any deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for the return of a defective product in the event of a warranty claim also does not apply if
- a) if the defect giving rise to the right to withdrawal only became apparent during processing or modification,
- b) if 58deal is responsible for the deterioration or loss or if the damage would also have occurred at 58deal ,
- c) if the deterioration or loss occurred at the customer's premises despite the customer having exercised the level of care that he would normally exercise in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a contractually compliant condition within a reasonable period of time.
(8) In addition, claims may also exist against the manufacturer within the framework of a guarantee granted by the manufacturer, which are governed by the relevant guarantee conditions.
(9) 58deal 's statutory warranty expires two years after delivery of the goods. The period begins upon receipt of the goods.
Liability
(1) In the case of slight negligence , 58deal is only liable for the breach of essential contractual obligations and is limited to foreseeable damage. This limitation does not apply to injury to life, body or health. 58deal is not liable for other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of any fault on the part of 58deal BBQ Mafia's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by 58deal .
(3) 58deal shall also be liable for any impossibility of delivery occurring by chance during its delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of 58deal for damages caused by them through slight negligence is excluded.
Applicable law
The contract concluded between you and 58deal is subject exclusively to the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Jurisdiction
If, contrary to your information when ordering, you do not have a residence in the Federal Republic of Germany or if you move your residence abroad after conclusion of the contract or your residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Germany.
Dispute resolution
General information obligations regarding alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Any changes or additions to this Agreement must be made in writing.