General Terms and Conditions of Sales and Delivery for Consumers
General Terms and Conditions of Sales and Delivery for Consumers
1. Scope of validity
These sales and delivery conditions apply to all business relations between SALT RELAX Manufaktur GmbH & Co. KG (– hereinafter named SALT RELAX –) and consumers for the delivery of goods and services.
2. Quotation and quotation documents
(1) Quotations by SALT RELAX are subject to changes and non-committal unless SALT RELAX explicitly designated these as committal in writing. The customer’s order is committal; the order is considered accepted by SALT RELAX only with written order confirmation, invoicing or if SALT RELAX sends the goods to the orderer. Automatically transmitted order confirmations are designated merely to notify the customer and do not constitute acceptance of contract.
(2) SALT RELAX is authorized to accept the quotation inside of two weeks.
(3) This mountain salt is a natural product won in the so-called salt mountains in Pakistan between Indus and Himalaya, and material deviations in terms of color and size, natural stains or stripes are possible. This phenomenon shall not constitute a defect. The sample depictions of Himalaya mountain salt applications are examples only in terms of color, size and density and shall not constitute a promise of purchase item characteristics.
(4) Unless agreed differently with the customer, the SALT RELAX prices are quoted without transport costs. The applicable value-added tax is included in the price.
(5) The aforestated shall not apply to processing legal transactions done in online market platforms and/or online auctions. The general terms and conditions of the operator of the online market platform or auction shall apply exclusively.
3. Maturity and offsetting
(1) Payment of the full purchase price shall be due at delivery, however no later than receipt of the invoice. In the event of non-payment, the customer shall be considered in delay with payment 14 days after delivery and/or receipt of the invoice without further notification or statement by SALT RELAX. If there are defects, the customer shall not have a right to retention if such retention is inappropriate as relates to the quantity of defective parts and probable costs of the remedying of defects.
(2) The customer shall be entitled to offsetting only if his counterclaims have been legally recognized, if they are undisputed or have been accepted/acknowledged by SALT RELAX. The customer shall have a right to retention only if his counterclaim is based upon the same contractual relationship.
(1) If delivery has been agreed against advance payment, the term for delivery shall be approximately 20 weekdays (excl. Sundays and holidays) after receipt of the purchase price. In other case, the term for delivery shall be approximately 20 weekdays (excl. Sundays and holidays) after communication of the address.
(2) The delivery shall be made against invoicing of the stated packaging and shipping costs. If the customer wishes a particular shipping mode incurring higher costs, he shall bear these additional costs.
(3) Delivery shall be made up to first lockable door.
(4) SALT RELAX will be liable to customer for delay in delivery as provided by law if the delay in delivery is caused by intentional or grossly negligent breach of obligations in SALT RELAX’s scope of responsibility. SALT RELAX will be responsible for its representatives’ or agents’ conduct. If the delay in delivery is not caused by intentional or grossly negligent breach of obligations in SALT RELAX’s scope of responsibility, SALT RELAX’s liability will be restricted to typical foreseeable damages.
(5) If the delay in delivery is based upon culpable breach of contractual obligation by SALT RELAX and fulfillment of such obligation was essential for performance of the contract and the buyer can and may usually rely on fulfillment of such obligation, SALT RELAX shall be liable as provided by law. In such case, liability for compensation for damages will be restricted to typical foreseeable damages unless the delay in delivery is caused by intentional or grossly negligent breach of contractual obligations in SALT RELAX’s scope of responsibility.
(6) SALT RELAX is at all times authorized to make partial deliveries or to provide services in part to the extent such is reasonable to the customer.
5. Notice of defects and liability for defects
(1) The customer is obligated to notify SALT RELAX in writing about obvious technical and legal defects within 14 days after receiving the goods from SALT RELAX; it will suffice to send the notification within that term. The defects will be described as detailed as possible.
(2) The statutory defects liability term is two years; it begins at the time the goods are handed over.
(3) For used items, the statutory defects liability term is one year counting from the time risk passes over.
6. Exclusion of liability
(1) SALT RELAX shall be liable in case of intent, gross negligence as well as fraud by SALT RELAX or a representative or an agent as well as in the event of an injury to life, body or health as provided by law. In all other respects, SALT RELAX shall be liable only in compliance with the product liability act or due to culpable breach of essential contractual obligations. The claim to compensation for damages from culpable breach of essential contractual obligations is restricted to typical foreseeable damages unless there is at the same time another issue as stated in sentence 1 of this section (1).
(2) SALT RELAX shall also be liable for damages it causes due to negligent breach of such obligations which are essential for performance of the contract and upon which the buyer can and may usually rely. This applies also if the customer is entitled to compensation for damages instead of the contractual performance. SALT RELAX shall however be liable only if the damages are typically related to the contract and foreseeable.
(3) Any further liability of SALT RELAX is excluded without any consideration of the legal nature of the asserted claim; this applies particularly also to claims in tort or claims to refund of wasted expenditures instead of contractual performance; this shall not affect the seller’s liability as in Section 4 (4) and (5) of these general terms and conditions. To the extent SALT RELAX’s liability is excluded or restricted, this applies also to personal liability of employees, staff, representatives and agents.
(4) Please note that salt is hygroscopic, i.e. it attracts water. This might lead to corrosion of metal objects (e.g. sauna stoves). We hereby exclude all liability for damages of this nature.
Please note that salt is hygroscopic, i.e. it attracts water.
This might lead to corrosion of metal objects (e.g. sauna stoves).
Should this occur, we hereby exclude all liability for damages of this type of objects which are not object of this purchase contract.
7. Retention of title clause
(1) SALT RELAX shall retain all ownership rights to the purchase item until it is paid in full.
(2) The customer shall be obligated to handle the purchase item with all due care; until all payments have been received as stated in (1), he is particularly obligated to insure the purchase item at his own expense against fire, water and theft at replacement value. If any maintenance or inspection work is required, the customer will have this done in due time at his own expense.
(3) In the event of seizure or other third-party encroachments, the customer will immediately notify SALT RELAX in writing.
8. Place of jurisdiction, place of fulfillment
(1) The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods CISG shall not apply.
(2) If individual clauses of these general terms and conditions are or become legally ineffective and/or in contradiction to legal regulations, this shall not affect the validity of the other clauses of these general terms and conditions.
9. Notification in compliance with packaging ordinance
You may dispose of packaging yourself. You may also at no cost return used and emptied sales packaging to us.
Status: June 26, 2013
The German version shall be solely authoritative; the English version is for information purposes only.