General terms and conditions

Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

Contractual partner, formation of contract, options for corrections

The contract is concluded with 1000tees.de GmbH.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

Payment

The following payment methods are basically available in our online shop.

  • Advance payment
    If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
  • Credit Card
    With the submission of the order, you provide your credit card details.After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
  • PayPal
    During the ordering process you will be forwarded to PayPal’s website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
  • SOFORT by Klarna
    After placement of the order, you will be forwarded to the online provider SOFORT GmbH’s website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT online bank transfer, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
  • Amazon Pay: During the ordering process you will be forwarded to Amazon’s website. To pay the invoice amount via Amazon Pay, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct Amazon to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.
  • Invoice
    You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.

Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the Right of Withdrawal. Businesses are not granted any voluntary right to cancel.

Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. “Kaufleute” as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases:

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.
    Information on any additional guarantees that may apply and their exact conditions can be found in each case with the product and on special information pages in the online shop.

Customer service: Our customer service is available for queries, complaints and claims on working days from 9 a.m. to 4 p.m. via phone at +49 40 – 69 63 51 51 28 as well as via email at info@salacca.com.

Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

Code of conduct

We have submitted to the following codes of conduct:
– Trusted Shops Quality criteria
– https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de

Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

General terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.