Conditions
Table of Contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Granting of usage rights for license keys
- Retention of title
- Liability for defects (warranty)
- Special conditions for assembly/installation services
- Special conditions for repair services
- Applicable law
- Place of jurisdiction
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Salino GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions apply mutatis mutandis to contracts for the supply of goods with digital elements, unless otherwise specified. In addition to supplying the goods, the seller is obligated to provide digital content or digital services (hereinafter referred to as "digital products") that are contained in the goods or so closely linked to them that the goods cannot fulfill their functions without them.
1.3 These Terms and Conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise specified. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.
1.4 These General Terms and Conditions apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this context, the seller is obligated to provide a license key for the use of the digital content or digital services described by them (hereinafter referred to as "digital products") and to grant the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description provided by the seller is decisive for the characteristics of the digital product.
1.5 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.6 For the purposes of these General Terms and Conditions, 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 their commercial or independent professional activity.
1.7 Depending on the description provided by the seller DeepL, the subject matter of the contract can be either the one-time provision of digital content or the regular provision of digital content (hereinafter referred to as the "Subscription Agreement"). In the case of the Subscription Agreement, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
2. Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller via email or the online contact form.
2.3 The seller may accept the customer's offer within five days,
- by sending a written order confirmation or an order confirmation in text form (fax or email) to the customer, whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the actual receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing an order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day after the offer was sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button completing the order process.
2.5 When submitting an offer via the seller's online order form, the seller saves the contract text after conclusion of the contract and sends it to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text accessible in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.7 The languages available for concluding the contract are German and English.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3. Cancellation Policy
3.1 Consumers generally have a right of withdrawal. Consumers, i.e., any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, have a right of withdrawal in accordance with the following provisions.
3.2 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Salino GmbH, Taunusstraße 144, 41236 Mönchengladbach, Tel.: +49 211 15856577, E-Mail: aero@salino.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail) before returning any goods. You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
"Examination of the condition, properties, and functionality" refers to testing and trying out the respective product, as is possible and customary in a retail store. When using the product, please be sure to follow the enclosed instructions for use. If no instructions for use are included, please contact support (aero@salino.eu) before using the product.
Damage to the goods caused by improper use cannot be reimbursed.
To "examine the quality, properties, and functionality," we invite you to visit our showroom at any time or to schedule an appointment online with a sales representative. This gives customers the opportunity to obtain all the necessary information about our products.
If the use of the item exceeds the aforementioned testing possibilities, we reserve the right to replace the most heavily used (wear) parts at the consumer's expense. Furthermore, the hardware surfaces will be inspected for damage. Any damage will also be deducted from the purchase price.
General information
1) Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging, including all accessories and packaging materials. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned information under points 1 and 2 is not a prerequisite for the effective exercise of the right of withdrawal.
3.3 Cancellation form
If you wish to cancel this contract, please fill out this form and submit it.
Salino GmbH
Taunusstrasse 144
41236 Mönchengladbach
Germany
Tel.: +49 211 15856577
Email: aero@salino.eu
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*),
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Ordered on (*) ___________________________ / received on (*) ___________________________
___________________________________________________________________________________________________
Name of consumer(s)
___________________________________________________________________________________________________
Address of the consumer(s)
___________________________________________________________________________________________________
Signature of consumer(s) (only for notifications on paper)_________________________
Date
(*) Delete as appropriate
3.4 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4. Money-back guarantee
4.1 In addition to the statutory right of withdrawal, the seller grants a voluntary 30-day money-back guarantee for all products except consumables, unless otherwise stated.
4.2 You have the right to make use of this guarantee within thirty days without giving any reason. The guarantee period is thirty days from the day on which you or a third party designated by you, other than the carrier, took possession of the products.
4.3 To make use of the 30-day money-back guarantee, you must inform us (Salino GmbH, Taunusstraße 144, 41236 Mönchengladbach, Germany, Tel.: +49 211 15856577, E-mail: aero@salino.eu ) of your decision to make use of this guarantee by means of a clear statement (e.g., a letter sent by post or email). The notification must reach us before the end of the 30-day period. Returns that have not been previously notified or for which we have no intention of returning the product cannot be accepted.
4.4 Returns must be made via the return process we provide. For returns within Germany, we will provide a free return label upon request. Please wait for our confirmation. For returns from abroad, the customer bears the full return shipping costs.
4.5 If you make use of this guarantee, we will refund all payments received from you, excluding any separately invoiced shipping costs, no later than fourteen days from the day on which we receive the goods to be refunded. The refund will be issued via the same payment method used for the original transaction, unless expressly agreed otherwise.
4.6 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Suitable proof of postage must be provided upon request.
4.7 You must return or hand over the goods to us immediately, but no later than fourteen days from the day on which you informed us of your warranty claim. The deadline is met if you send the goods before the deadline expires. The goods must be complete, clean, and securely packaged for transport.
4.8 If only part of a discounted delivery (e.g., bundle or quantity discount promotions) is returned, the refund amount will be calculated based on the regular unit price of the retained goods. This means that a partial discount may be lost in the case of partial returns. For example, if one of two discounted items is returned, only the difference between the discounted item's price and the unit price of the remaining product will be refunded.
4.9 Custom-made or special-order items and B-stock are excluded from this warranty.
4.10 We are under no obligation to reimburse costs other than the purchase price of the product. This includes, in particular, any additional consumables purchased (e.g., salt). Original, unopened SalinoFUSION products can also be refunded if purchased separately. Free SalinoFUSION sachets included with the order are not eligible for a separate refund.
4.11 This guarantee is without prejudice to your statutory rights, including the statutory right of withdrawal as set out in section 3.
4.12 Important Note: This 30-day money-back guarantee is not a trial period, but a voluntary extension of your rights as a buyer. It is a legally binding purchase, subject to the standard legal provisions of German sales law (§§ 433 ff. BGB). This means that you become the owner of the goods from the moment of purchase and can use them within the scope of normal use. The guarantee simply gives you the option to withdraw from the purchase within the specified period without having to provide a reason. It is independent of your statutory rights, in particular the right of withdrawal and warranty.
5. Prices and Payment Terms
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be shown separately in the respective product description.
5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer 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.
5.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If a payment method offered via the payment service provider "PayPal" is selected, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check based on the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payments can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation, and deliveries or credit notes, even in the event of an assignment of receivables.
5.6 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be displayed to the customer in the seller's online shop. Stripe may use other payment services for processing payments, for which special terms and conditions may apply, and the customer will be notified separately of these. Further information about Stripe can be found online at https://stripe.com/de.
6. Delivery and shipping conditions
6.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.
6.2 For deliveries by freight forwarder, delivery is made "free to the curb", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or otherwise agreed.
6.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of return shipping if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions set forth in the seller's cancellation policy shall apply to the costs of return shipping.
6.4 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller has not previously informed the customer of this person or entity.
6.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
6.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the seller's specified business hours at the address provided by the seller. In this case, no shipping costs will be charged.
6.7 The license keys will be provided to the customer as follows:
- by email
7. Retention of title, default & reminder fees
7.1 If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7.2 Payment of the purchase price is due immediately upon receipt of the invoice, unless otherwise agreed.
7.3 In the event of late payment after receipt of the goods, Salino GmbH reserves the right to charge reminder fees. The first reminder will be sent no earlier than 14 days after the initial payment reminder. The amount of the reminder fees is:
- For the first reminder: 5.00 euros
- For the second reminder: 10.00 euros
- For the third reminder: 15.00 euros
7.4 In addition to the reminder fees, default interest will be charged at a rate of 5% above the respective base interest rate in accordance with § 288 BGB (German Civil Code).
7.5 If a debt collection agency is commissioned to collect the outstanding receivables after receipt of the third reminder, the customer shall bear the resulting collection costs. These costs are based on statutory regulations and the fee schedules for debt collection service providers.
8. Liability for defects (warranty)
8.1 Unless otherwise stipulated in the following provisions, the statutory warranty provisions shall apply. The following applies to contracts for the delivery of goods:
8.2 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- For used goods, rights and claims due to defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.
8.3 If the customer is a consumer, the following applies to contracts for the delivery of used goods, subject to the limitation of the following clause: The limitation period for claims based on defects is one year from delivery of the goods, if this has been expressly and separately agreed between the parties and the customer has been specifically informed of the reduction of the limitation period before submitting his contractual declaration.
8.4 The aforementioned limitations of liability and reductions of time limits do not apply to
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for items which, according to their usual purpose, have been used for a building and have caused its defectiveness,
- in contracts for the supply of goods with digital elements, for an existing obligation of the seller to provide updates for digital products.
8.5 For entrepreneurs, the statutory limitation periods for statutory recourse claims remain unaffected.
8.6 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notice obligations stipulated therein, the goods are deemed to have been approved.
8.7 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery company and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual warranty rights.
9. Special conditions for assembly/installation services
If, according to the contract, the seller is obligated not only to deliver the goods but also to assemble or install them at the customer's premises and, if necessary, to carry out corresponding preparatory measures (e.g., taking measurements), the following applies:
9.1 The seller will perform its services at its own discretion, either personally or through qualified personnel selected by it. The seller may also use third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.
9.2 The customer shall provide the seller with all information necessary for the performance of the owed service in full and truthfully, insofar as obtaining such information is not within the seller's sphere of responsibility according to the content of the contract.
9.3 After conclusion of the contract, the seller will contact the customer to arrange a date for the performance of the service. The customer is responsible for ensuring that the seller or their authorized personnel have access to the customer's facilities at the agreed time.
9.4 The risk of accidental loss or accidental damage to the goods sold only passes to the customer after completion of the assembly and handover of the goods to the customer.
10. Special conditions for repair services
If, according to the contract, the seller is obligated to repair an item belonging to the customer, the following applies:
10.1 The repair services will be performed at the seller's place of business.
10.2 The seller will perform its services at its own discretion, either personally or through qualified personnel selected by it. The seller may also engage third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person to perform the desired service.
10.3 The customer shall provide the seller with all information necessary for the repair of the item, unless obtaining such information is the seller's responsibility under the contract. In particular, the customer shall provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the defect.
10.4 Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's place of business at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable packaging to reduce the risk of damage during transport and to conceal the contents of the package. The seller will inform the customer immediately of any obvious damage during transport so that the customer can assert their rights against the carrier.
10.5 The return of the goods is at the customer's expense. The risk of accidental loss or damage to the goods passes to the customer upon handover of the goods to a suitable carrier at the seller's place of business. At the customer's request, the seller will insure the goods against transport.
10.6 The customer may also bring the item to be repaired to the seller's place of business and collect it there himself, if this is stated in the seller's service description or if the parties have agreed to this. In this case, the above provisions regarding the allocation of costs and risks for shipping and returning the item apply accordingly.
10.7 The aforementioned provisions do not restrict the customer's statutory rights in respect of defects when purchasing goods from the seller.
10.8 The seller is liable for defects in the repair service provided in accordance with the provisions of the statutory warranty for defects.
11. Applicable Law
11.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
11.2 This choice of law with regard to the statutory right of withdrawal shall also not apply to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has 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 seller's place of business. If the customer has its registered office 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, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's place of business.
13. Alternative Dispute Resolution
13.1 The 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.