General Terms and Conditions of Business
1. scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. 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 commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, the conclusion of the contract
The sales contract is concluded with Salacca GbR.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
- Invoice: We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two working days.
- Credit card: When you place your order, you enter your credit card details. After your legitimation as a legitimate cardholder, the payment transaction is automatically carried out and your card debited.
- Payment in advance: We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.
- PayPal: During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing your order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.
- Sofort: After placing your order you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment order. This is how the contract with us comes into being.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and a link to our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet. You can view your past orders in our customer login.
4. terms of delivery
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
We deliver to the following countries: Albania, Algeria, Andorra, Argentina, Armenia, Azerbaijan, Australia, Bahrain, Belgium, Bosnia-Herzegovina, Brazil, Bulgaria, Chile, China, Columbia, Germany, Estonia, Faroe Islands, Finland, France, Georgia, Gibraltar, Greece, Greenland, Canada, Hong Kong, India, Indonesia, Iraq, Iran, Ireland, Iceland, Israel, Italy, Japan, Jordan, Kazakhstan, Colombia, Korea, Croatia, Kuwait, Latvia, Lebanon, Libya, United Kingdom, Austria, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Morocco, Macedonia, Mexico, Moldova, Monaco, Montenegro, New Zealand, Netherlands, Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Romania, Russian Federation, San Marino, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Saudi Arabia, South Africa, Syria, Taiwan, Thailand, Czech Republic, Tunisia, Turkey, Ukraine, Hungary, Vatican City, Venezuela, United Arab Emirates, Belarus, Cyprus.
All tasks related to order processing, payment transactions, and returns are to be directed to:
Am Goldmannpark 15
Deliveries are subject to correct and timely delivery by salacca’s suppliers. salacca is not obliged to deliver sold out articles. Salacca will immediately inform the buyer about items that are no longer available and will immediately refund the payment already made by the buyer.
Partial deliveries are considered independent transactions. If items are not available in the buyer’s order, no subsequent delivery will be made.
The buyer is obliged to accept the ordered goods. If the buyer has ordered properly and still refuses to accept the delivery, although there is no right of revocation and no guarantee or warranty case, salacca can withdraw from the contract or claim damages for non-performance of the contract after fruitless expiry of a grace period of 14 days. The buyer is liable for incorrect deliveries due to data incorrectly stated or transmitted in writing, by telephone or electronically. If the buyer demands a second delivery, he must pay the shipping costs for the 2nd delivery as well as a flat rate of 12€.
The following payment methods are available in our shop:
If you choose this payment method, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you enter your credit card details. After your legitimation as a legitimate cardholder, the payment transaction is automatically carried out and your card debited.
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterward. You will receive further information during the ordering process.
Delivery by invoice is made exclusively to regular customers, i.e. not to new customers. Only from the 2nd order with customer log-in the customer is entitled to payment by invoice. You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account within 14 days. We reserve the right to offer the purchase on account only after a successful credit check. If the payment deadline is exceeded, salacca shall be entitled to interest on arrears of 4% above the respective discount rate of the Deutsche Bundesbank. If a buyer, who has previously placed an order on account, has been in default of payment or if there are reasonable doubts as to his solvency, salacca reserves the right to make subsequent deliveries again against PayPal, credit card or advance payment.
6. Cancellation policy
Below you will find information on the conditions and consequences of the statutory right of withdrawal for shipping orders.
right of revocation
You have the right to revoke the sales contract within fourteen days without giving reasons. The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Salacca, Sabrina Hoppe, Am Goldmannpark 15, 12587 Berlin, Tel 030-85739082, firstname.lastname@example.org) by means of a clear declaration (letter or e-mail sent by post) of your decision to withdraw from this contract.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties, and functioning of the goods.
The right of revocation does not apply to the following contracts:
- contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7. Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
8. transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular, your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer’s product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made 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 remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
in the event of injury to life, limb or health
in the event of an intentional or grossly negligent breach of duty or fraudulent intent
breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed
insofar as the scope of application of the Product Liability Act has been opened up.
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on +49(0)30-85739082 or by e-mail at email@example.com
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
In the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
12. settlement of disputes
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG: The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.
13. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB provides with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke attorneys at law.