|Terms and conditions|
Valid for all contracts with consumers when ordering in our internet shop.
These general terms and conditions are valid for all contracts that we have concluded with customers within the framework of our internet shop. Consumer (henceforth, "customer") is, in this sense, a natural person who concludes a contract for a purpose that is neither commercial nor can be attributed to the person's independent professional occupation.
2. Contract conclusion
All products offered in our internet shop are subject to change and are non-binding in a legal sense. The customer places a legally binding order with us by clicking the button „confirm order“ in the subpage „order overview“. The customer thus accepts these terms and conditions as exclusively governing for the legal relationship with us. We confirm via e-mail the receipt of the customer’s order. This confirmation of receipt does not yet represent an acceptance of the customer's order. The sales contract is not concluded until we send or hand-over the goods ordered.
With the placement of a legally binding order, the customer assures that all the information stated when ordering or registrating in our internet shop (e.g. name, address, e-mail address, credit card number) are accurate and up-to-date. Any changes must be communicated to us without delay.
3. Prices and shipping costs
All prices stated in our internet shop are in Euros and include applicable value-added tax.
Shipping costs are also added to each order at a flat rate. These amounts are calculated according to the respective shipping location. The flat rates listed in our internet shop apply. rates listed
The ordered goods are payable with the online payment system Paypal or by credit card (MasterCard, VISA, or AMERICAN EXPRESS), and at the customer's wish, and within the German borders, also by cash-on-delivery. The cash-on-delivery fee of 3.60 EUR shall be borne by the customer and is to be paid on delivery directly to the deliverer.
Delivery of the goods will be made to the delivery address indicated by the customer.
Provided this is reasonable for the customer, we are entitled to effect partial deliveries at any time. Hereby, no additional delivery costs are incurred for the customer.
6. Reservation of proprietary rights
The delivered goods remain our property until completed payment.
7. Withdrawal instructions
Right of withdrawal
You have the right to withdraw from the contract within a period of two weeks in text form (e.g. letter, fax, e-mail) or - if you have received the goods before the expiry of this deadline - by returning the delivery in full. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) and also not meeting our information requirements pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") as well as our duties under § 312e (1) sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB. Your right of withdrawal is ensured by sending your written revocation or returning the goods, during the time limit. The letter of withdrawal is to be sent to:
Salzenbrodt GmbH & Co. KG
Hermsdorfer Straße 70
Consequences of withdrawal
In the case of an effective withdrawal, the mutually received benefits are to be returned and if so derived profits (e.g. interest) are to be granted back. In case you are unable to reimburse us either in total or partially, or only in a deteriorated condition, for services or profits received (e.g. benefits of use), you are required to offer a compensation of equal value. You are required to offer a compensation of equal value, so long as derived profits or the deterioration are due to improper utilization that exceeds the test of the characteristics and functional reliability of the goods. By “test of the characteristics and functional reliability of the goods” we understand testing and trying out the respective goods, similar to what is possible and usual in a retail shop. Transportable goods are to be returned at our risk. You shall bear the expenses of the return consignment if the goods delivered comply with those ordered, and if the price of the goods to be returned does not exceed 40.00 Euros in value, or if in the event of a higher price of the goods at the time of revocation you have not yet reciprocated or made a contractually agreed partial payment. Otherwise, the return is free of charge for the customer. Goods not capable for delivery by parcel will be collected from the customer. Obligations to the refund of payments must be met within 30 days The time limit begins for you with the dispatch of your notice of withdrawal; for us, with the reception of the goods.
End of the information about rights of withdrawal
8. Costs of return sending of goods in case of withdrawal
IIf the customer has a right of withdrawal, he shall bear the regular costs for the return of the goods when the price of the returned goods does not exceed the amount of 40 Euro, or when in the case of a higher price of the goods, the customer has not yet provided the return service or made a partial payment, unless when the delivered goods do not correspond with the merchandise ordered.
In case of defects in the delivered goods, the customer is entitled to the statutory warranty claims and rights.
The provisions of section 10 apply to the customer's claims on the supplier for damage compensation, irrespective of their legal grounds.
10. Liability for damages
We are not liable for breaches of duty due to slight negligence, provided that such breaches do not concern the essential duties under this agreement (cardinal duties). Essential duties are such duties, which are necessary for the correct execution of the user agreement and on which observance the customer regularly relies upon. Essential duties include the obligation to make punctual, defect-free deliveries, as well as obligations concerning consultancy services, protection and care, designed to enable the customer to use the delivered goods in accordance with the contract or protect life and limb of the customer, or to protect the property of the customer from major damage. When we are liable to assume responsibility according to the aforementioned provisions for slight negligence, our liability shall be limited to typically foreseeable damage, the occurrence of which we should have anticipated in accordance with the circumstances known to us upon conclusion of contract.
The aforementioned exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees, other agents, and other third parties employed in the implementation of the contract.
The aforementioned exclusions and limitations of liability do not apply to our liability with regard to willful conduct or gross negligence, guaranteed features, injury to life, body or health, or product liability laws.
We are not liable for the functionality of internet, servers, data transmission lines and networks, as well as for the permanent availability of our internet shop.
11. Data protection provisions
The personal data required for the execution and settlement of an order, which the customer voluntarily provides, are collected, processed and utilized using computing systems.
Transfer of the data to third parties will only occur in order to fulfill the contract and/or when we make use of an external service provider. In this case, the data is made available to the logistic and postal operator engaged to do the delivery of the goods, and if necessary, to the credit institution assigned with handling the payment. Further transfer of the data to third parties will occur only with your consent.
Under no circumstances will we sell or otherwise market your personal data to third parties.
Compliance with the legal regulations for data protection is obviously important for us. Further detailed information on data protection are set forth in our data protection declaration on our web site, at the link Data protection.
12. Choice of law
All legal relations between ourselves and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN sales law (CISG). The applicability of mandatory standards of the state in which the consumer has his habitual place of residence shall remain unaffected, as well as the applicability of internationally binding civil-law regulations.
13. Concluding Provisions
If one or more provisions of these General Terms and Conditions of Business is or becomes ineffective or unfeasible, this shall not affect the effectiveness of the remaining provisions.
Germany, Berlin, 02.11.2011
Salzenbrodt GmbH & Co. KG
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