GTC
General terms and 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 with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions apply mutatis mutandis to contracts for the delivery of goods with digital elements, unless otherwise specified. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter "digital products") that are included in the goods or are connected to them in such a way that the goods cannot fulfil 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 obliged to provide a license key for the use of the digital content or digital services described by him (hereinafter "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 of the seller is decisive for the quality of the digital product.
1.5 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.6 An entrepreneur within the meaning of these General Terms and Conditions 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 independent professional activity.
1.7 Depending on the description of 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 "subscription contract"). In the case of a subscription contract, the seller undertakes to provide the customer with the digital content owed under the contract for the duration of the agreed contract term at the contractually agreed intervals.
2. Conclusion of 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 to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, he or she submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. In addition, the customer can also send the offer to the seller by email or using 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 e-mail) 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 asking the customer to pay after placing the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via 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 conditions 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 in the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant access data.
2.6 Before submitting the binding 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 detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 The languages available for the conclusion of the contract are German and English.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Cancellation policy
3.1 Consumers generally have a right of withdrawal. Consumers, i.e. any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to 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 shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.
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 ) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
“Checking the quality, properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. When using the goods, 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 "check the quality, properties and functionality" we offer you the opportunity to visit our showroom at any time or to arrange an appointment with a sales representative online. Customers have the opportunity to receive all the necessary information about our products.
If the use of the item exceeds the above-mentioned inspection options, we reserve the right to replace the most heavily used (wearing) parts at the consumer's expense. The surfaces of the hardware will also be examined for damage. Any damage will also be offset against the purchase price.
General information
1) Please avoid damaging or contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned information under points 1 and 2 are not a prerequisite for the effective exercise of the right of withdrawal.
3.3 Cancellation form
If you want to withdraw from this contract, please fill out this form and send it.
Salino GmbH
Taunusstrasse 144
41236 Mönchengladbach
Germany
Phone: +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 the consumer(s) (only if notification is on paper)_________________________
Date
(*) Delete as appropriate
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs are shown separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must 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 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.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered by the payment service provider "PayPal" is selected, payment processing takes place via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check based on the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the result of the check is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and deliveries or credit notes, even in the event of an assignment of claims.
4.6 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed via 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 communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer will be informed separately. Further information about Stripe can be found on the Internet at https://stripe.com/de.
5. Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. In deviation from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 In the case of delivery by forwarding agent, delivery is made "free curbside", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 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 does not apply to the costs of return if the customer effectively exercises his right of cancellation. In the event of an effective exercise of the right of cancellation by the customer, the provisions in the seller's cancellation policy shall apply to the costs of return.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 If the Seller offers the goods for collection, the Customer can collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller. In this case, no shipping costs will be charged.
5.7 The license keys will be made available to the customer as follows:
- by email
6. Granting of rights of use for license keys
6.1 The license key provided entitles the customer to use the digital product shown in the respective product description of the seller to the extent described therein.
6.2 If the license key refers to the one-time transfer of digital content, the granting of rights will only become effective once the customer has paid the remuneration owed in full.
7. Retention of title
If the seller makes an advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8. Liability for defects (warranty)
8.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. For contracts for the delivery of goods, the following applies in deviation from this:
8.2 If the customer acts 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;
- In the case of used goods, rights and claims due to defects are excluded;
- the limitation period does not begin to run again if a replacement delivery is made within the scope of liability for defects.
8.3 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
8.4 The aforementioned limitations of liability and shortening 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 have been used for a building in accordance with their usual use 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 acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer does not comply with the obligation to give notice of defects as set out therein, the goods are deemed to have been approved.
8.7 If the customer is a consumer, he is requested to complain to the deliverer about goods with obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.
9. Special conditions for assembly/installation services
If, according to the content of the contract, the seller is required to assemble or install the goods at the customer's premises in addition to delivering the goods and, if necessary, to carry out corresponding preparatory measures (e.g. taking measurements), the following applies:
9.1 The seller provides its services at its own discretion either personally or through qualified personnel selected by it. The seller can also use third parties (subcontractors) who act on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to provide the desired service.
9.2 The Customer must provide the Seller with all information required to provide the service owed, completely and truthfully, unless the procurement of such information is not part of the Seller’s obligations under the terms 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 owed. The customer must ensure that the seller or the personnel appointed by him has access to the customer's facilities at the agreed time.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer after completion of assembly and handover of the goods to the customer.
10. Special conditions for repair services
If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:
10.1 The repair services will be provided at the Seller’s headquarters.
10.2 The seller provides its services at its own discretion either personally or through qualified personnel selected by it. The seller may also use third parties (subcontractors) who act on its behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to provide the desired service.
10.3 The customer must provide the seller with all information required to repair the item, unless the procurement of such information falls within the seller's responsibilities under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may be the cause of the defect identified.
10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. The seller also recommends that the customer send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert his rights against the carrier.
10.5 The item will be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will cover the item with transport insurance.
10.6 The customer can also take the item to be repaired to the seller's place of business and pick it up again there if this is stated in the seller's service description or if the parties have agreed to this. In this case, the above provisions on the assumption of costs and risks when shipping and returning the item apply accordingly.
10.7 The above provisions do not limit the Customer’s statutory rights in relation to defects when purchasing goods from the Seller.
10.8 The Seller shall be liable for defects in the repair work provided in accordance with the provisions of statutory liability for defects.
11. Applicable law
11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For 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 state in which the consumer has his or her habitual residence.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is based outside the Federal Republic of Germany, the registered office of the seller is 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 professional or commercial activity of the customer. In the aforementioned cases, however, the seller is in any case entitled to take legal action before the court at the customer's registered office.
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 sales or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.