General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for assembly/installation services
- Redemption of campaign vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of Application
1.1These General Terms and Conditions (hereinafter referred to as "GTC") of SALJOL GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is a consumer.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail, mail or online contact form.
2.3The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data shall be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Terms of Payment
4.1 The Seller's prices are subject to change. They shall be invoiced at the list prices in euros valid on the date of the order. Any applicable value-added tax shall be charged separately at the applicable statutory rate and shall be paid by the Customer.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which shall be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 In the case of purchase on account, the following conditions apply:
- Unless otherwise agreed, the purchase price is payable without deduction within 30 days of receipt of the invoice. The invoice shall be deemed to have been received by the Customer no later than the second business day after the invoice date. In addition, the seller may offer to participate in a direct debit system in order to simplify payment transactions and reduce the administrative burden.
- In the event of late payment, interest on arrears shall be charged at a rate of up to 8 percentage points above the base interest rate. We reserve the right to claim further damages. If the customer does not make a redemption provision, payments made by the customer will first be applied to the costs, then to the interest and with the surplus to the oldest invoices.
- A payment shall not be deemed to have been made until the Seller can dispose of the amount.
- Sales representatives of the seller do not have the authority to collect payments.
- The customer may only offset undisputed or legally established claims or assert rights of retention on this account. The exercise of the Right of retention is also excluded to the extent that the customer's counterclaims are not based on the same contractual relationship.
- If the seller is obligated to advance performance and if, after conclusion of a contract, he becomes aware of circumstances according to which a significant deterioration of the customer's assets is to be assumed, so that the seller's claims for payment appear to be at risk, he may, at his discretion, demand either security within a reasonable period of time or payment concurrently with delivery. If the customer does not comply with this demand, the seller shall be entitled to withdraw from the contract, subject to further statutory rights. The services rendered to the customer up to that point shall be remunerated by the customer.
4.4 For orders in the online store, the following payment options/conditions apply depending on the customer's selection:
- If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
- If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.
- If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Prior to acceptance of the Seller's declaration of assignment, PayPal shall perform a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in case of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
- If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
5) Terms of delivery and shipment
5.1 The Seller is entitled to make partial deliveries.
5.2 Unless a delivery period has been agreed upon in an individual case, delivery periods are not binding. If agreed delivery periods are not met, the customer shall grant a reasonable grace period. Only after the unsuccessful expiry of this period may the customer withdraw from the contract, unless a period of grace is exceptionally dispensable in accordance with Section 323 (2) of the German Civil Code (BGB).
5.3 The Seller shall not be in default even in the event of an agreed delivery period if correct, complete and timely delivery is not made for reasons for which the Seller is not responsible.
5.4 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.5 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.
5.6In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.7 The risk shall pass to the Customer at the latest upon delivery of the goods to the carrier or other transport person.
6) Retention of Title
6.1 If the Seller makes advance performance, it shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 The Seller shall be entitled to take back the goods delivered under retention of title in the event of a breach of contract by the Customer, in particular in the event of default in payment. In the event of default of payment, a prior setting of a deadline shall be dispensable.
6.3 For the purpose of taking back the goods subject to retention of title, the Seller may enter the Customer's business premises during normal business hours. After taking back the goods subject to retention of title, the Seller shall be entitled to make reasonable use thereof after having given prior warning; the proceeds of such use shall be set off against the Customer's liabilities, less reasonable costs of such use.
6.4 For the duration of the retention of title, the customer shall not be entitled to pledge the reserved goods or to use them as security. The customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business; however, he hereby assigns to the seller all claims in the amount of the final invoice amount (including value added tax) accruing to him from the resale against his customers or third parties. The customer is not entitled to sell the reserved goods to buyers who have excluded or limited the assignment of payment claims against them. The customer remains authorized to collect the claims after the assignment. The right of the seller to collect the claims himself remains unaffected. The Seller shall not collect the receivables as long as the Customer meets its payment obligations from the proceeds collected, is not in default of payment and, in particular, has not filed for insolvency proceedings and has not suspended its payments. If one of these cases exists, the Seller may demand that the Customer discloses the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and notifies the debtors of the assignment. Upon the occurrence of such a case, the customer's right to collect the claims shall expire. Insofar as a current account relationship exists between the Customer and its customer pursuant to § 355 of the German Commercial Code (HGB), the claim assigned by the Customer to the Seller in advance shall also relate to the recognized balance and, in the event of insolvency of the customer, to the then existing surplus balance of the closing balance.
6.5 The Customer shall immediately notify the Seller in writing of all seizures, attachments and other interventions by third parties with respect to the Retained Goods. In addition, the Customer shall draw the attention of such third parties to the retention of title. Insofar as the third party is not in a position to reimburse the Seller for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Customer shall be liable for the loss incurred by the Seller. Insofar as the goods have been resold, the countervalue of the Seller's outstanding claims shall be shown separately from the other means of payment.
6.6 The customer is obliged to treat the reserved goods with care.
7) Liability for defects (warranty)
7.1 Claims for defects by the Customer shall require that the Customer inspects the goods in accordance with § 377 of the German Commercial Code (HGB) and gives proper notice of defects. Complaints must be made in writing. Recognizable defects must be notified in writing within ten days of delivery, hidden defects within ten days of their discovery. The above-mentioned deadlines are preclusive deadlines. Acceptance of the goods may not be refused due to insignificant defects.
7.2 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply. The Seller shall be entitled to remedy the defect at its discretion by repair or subsequent delivery ("subsequent performance"). Subsequent performance shall take place without recognition of any legal obligation.
7.3 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the period of liability to one year shall not apply to
- for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 The Customer shall immediately complain in writing to the deliverer about delivered goods with obvious transport damage and inform the Seller thereof.
8) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, is also responsible for the assembly or installation of the goods at the Customer's premises and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
8.1 The Seller shall perform its services at its own discretion or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall have no claim to the selection of a specific person to perform the desired service.
8.2 The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, unless the procurement thereof falls within the scope of the Seller's duties according to the content of the contract.
8.3 The Seller shall contact the Customer after the conclusion of the contract in order to arrange a date for the owed service with the Customer. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant facilities of the Customer on the agreed date.
8.4The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.
9.1 No liability shall be assumed for the consequences of incorrect use of the goods or use of the goods not recommended by the Seller.
9.2 Liability for damages in the event of simple negligence shall be limited to damages arising from the breach of obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies and may rely. In such cases, our liability shall be limited to the typical, foreseeable damage. This limitation of liability shall apply in the same way to damage caused by gross negligence on the part of employees or agents of the Seller who are not managing directors or executive employees.
9.3 In the cases of clause 9.2, liability shall be limited to the value of the respective delivery.
9.4 The customer's claims for damages shall expire no later than two years after the date on which the claim arose and the customer became aware of the circumstances giving rise to the claim. Irrespective of the customer's knowledge, the claim shall become time-barred three years after the event causing the damage.
9.5 The above limitations of liability shall also apply to claims for damages of the Customer against employees or agents of the Seller.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4Only one promotional voucher can be redeemed per order.
10.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation.
10.9The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.
11) Applicable law
11.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11.2Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.
13) Code of Conduct
The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet under https://www.fairness-im-handel.de/teilnahmebedingungen/. The Seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.
14) Alternative dispute resolution
14.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
14.2The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.