Welcome to the Deuter Online website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.
Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives using the Contact Form.
You should print a copy of these Terms for future reference.
“Personal Information” means the details provided by you on registration or keyed-in by you;
“Product” means a product displayed for sale on the Website;
“Serviced Countries” means Malaysia and such other countries as are included here from time to time.
“We/us” means Deuter Online;
“Website” means the website located at www.deuteronline.com or any subsequent URL which may replace it;
“You” means a user of this Website.
2) USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries, except at BFPO addresses in which case import duties may apply.
2.2.1 By being a user of our Website, you warrant that:
(a) the Personal Information which you provide when you key-in as a user is true, accurate, current and complete in all respects; and
(b) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.3 Our rights
We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time in accordance with clause 13.7 Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.
3) PURCHASE OF PRODUCTS
By placing an order through our Website, you warrant that you are:
(a) legally capable of entering into binding contracts;
(b) at least 18 years old;
(c) resident in one of the Serviced Countries; and
(d) accessing our Website from that country.
3.2 How the contract is formed between you and us
3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail that confirms that the Product has been despatched (the “Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation.
3.2.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
3.2.3 Non-acceptance of an order may be a result of one of the following:
– The Product you ordered being unavailable from stock.
– Our inability to obtain authorisation for your payment.
– The identification of a pricing or Product description error.
– You not meeting the eligibility to order criteria set out in these Terms.
3.2.4 If you do require any information regarding orders you have placed with us please write to us using the Contact Form.
4) CONTRACT CANCELLATION
4.1 Goods sold and delivered are not refundable. As such, the contract may not be cancelled by you.
5) DESCRIPTION OF PRODUCTS
5.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Despatch Confirmation.
5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.
6) PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
6.3 Every effort has been made on this Website to ensure that shopping online is safe and secure. Deuter Online cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.
6.4 Pricing and Tax outside of Malaysia
6.4.1 If you order Products from our Website for delivery outside Malaysia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
6.4.2 Deuter Online has a policy of charging all customers the same throughout the world, so that the price paid in Ringgit Malaysia is the same wherever customers live (except for the cost of delivery). None of the significant additional administrative costs for overseas orders are passed on to customers.
6.4.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
7.1 From receipt of your order and payment in full we aim to deliver within 7 working days, stock permitting. Deuter Online does not guarantee delivery time as delivery is undertaken by a third-party courier company and Deuter Online has no control over their delivery schedule. Consequently, we shall not be liable for any claims whatsoever arising out of delays in delivery howsoever caused.
7.2 For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.
7.3 If you require further information please see our Payments & Delivery page.
8] THIRD PARTY LINKS
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10) PRIZE DRAWS
We also operate prize draws from time to time which are governed by relevant terms and conditions.
11) OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.
11.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
12) EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
13.2 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13.3 Transfer of rights and obligations
13.3.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.3.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
13.6 Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract.
13.7 Our Right to Vary these Terms
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
These Terms and the Contracts shall be governed by and construed in accordance with the laws of Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts of Malaysia. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malaysia.