General terms and conditions:
SALCOLI – Nina Heuer
Turnstraße 27
75328 Schömberg
Managing Director: Nina Heuer
Sales tax identification number according to § 27 a sales tax law: DE326902952
§1 Validity of the conditions
Our deliveries and services are exclusively based on these terms and conditions and only to merchants in accordance with §§1 ff HGB. Any deviating terms and conditions of the contractual partner (hereinafter referred to as partner) shall not be valid, even if they have been signed by us. All offers, deliveries and other services shall be provided in accordance with the general business relations valid on the day of performance. Our General Terms and Conditions are automatically accepted by sales representatives / commercial travellers / partners / suppliers / customers etc. when they enter our premises (shop, office, warehouse etc.). Our own terms and conditions from contracts of commercial agents / commercial travellers / partners / suppliers & customers which contradict ours cannot and will not be accepted.
§2 Offer and contract conclusion
Our offers are subject to change and non-binding. The order or placing of order by the partner represents a contract application to us in accordance with §§145ff BGB, to which the partner is bound. A contract is only concluded by written confirmation or provision of services. Orders should normally be placed by fax, e-mail or telephone. In the case of telephone orders and telephone offers, the partner bears the risk of misunderstandings/transmission errors, unless these are due to intent or gross negligence on our part. If individual order items cannot be delivered due to non-delivery by our suppliers, the purchase contract shall be deemed not concluded with regard to these items, unless we are responsible for the non-delivery. In all other respects the contract remains unaffected, unless this is demonstrably contrary to the interests of the partner. We expressly do not assume any procurement risk.
§3 Prices
Decisive are the list prices in Euro stated in our sales documents and in the online shop plus the respective legal value added tax (exception: exports and EC shipments).
Should product or price information be inadvertently incorrect, we reserve the right to correct it. All price quotations lose their validity with each new edition of the price lists or revision of the prices in the online shop. The partner is obliged to inform himself independently about the current conditions. For this purpose, the partner can contact us in writing, by e-mail or by telephone or obtain information directly from the online shop, which is usually revised at the same time as new price lists and conditions are issued. In case of deviations, the written sales documents apply, which the partner can request at any time. Our prices are ex warehouse, excluding freight, postage, packaging and insurance. In the event of significant changes in wage, material, energy and transport costs, we are entitled to make an appropriate adjustment to the prices. For custom-made products we reserve the right to a price increase of at least 20%. Custom-made products must also be confirmed in writing and are excluded from return (exception: defective goods). In case of serious dimensional deviations, please ask for a cost estimate.
§4 Payment
Payments are to be made with 2% discount by prepayment (mandatory), cash on delivery or bank debit (2% discount) (domestic). Payments from foreign customers are made by cash on delivery, cash in advance or SEPA payment. A delivery on open account cannot be made. In the case of a debit return we charge a handling fee of 15 EUR per debit attempt. We reserve the right to exclude certain payment methods in individual cases. Custom-made products only against prepayment, 50% due on placing the order, 50% if we issue a shipping notification. If we deliver partly faulty goods, the partner must pay for the faultless part, unless the partial delivery is demonstrably of no interest to him. If our terms of payment are not adhered to or if there are indications that reduce the creditworthiness of the partner, our claims shall become due immediately, irrespective of the originally agreed due dates. In addition, we are entitled in this case to refuse to perform any services still to be effected until the partner effects its performance or provides securities. In addition, we may demand the return of the goods delivered under reservation of title or otherwise dispose of them without this demand constituting a withdrawal from the contract, as well as assert claims for damages. Furthermore, we shall be entitled to withdraw from all contracts still in progress at our discretion and without setting a deadline, either in whole or in part. Offsetting by the partner is only permissible if the claims against us are undisputed or have been determined with legal force.
§5 Reservation of title
The delivered goods remain our property until all claims arising from the business relationship have been settled in full. The partner is entitled to resell the reserved goods in the normal course of business; however, he is not permitted to pledge the goods or assign them as security. The partner is obliged to secure our rights when reselling the reserved goods on credit. The partner’s claim from the resale of the reserved goods shall be assigned to us; this shall also apply to the balance claim from a current account if the partner has agreed such a current account with its customer. We hereby accept the assignment. At our request, the partner must provide the information necessary for collection regarding the assigned claims and inform its debtor of the assignment; we are also entitled to disclose the assignment. The partner must inform us immediately of any enforcement measures by third parties against the reserved goods or the claims assigned in advance, handing over the documents necessary for an intervention; if this obligation is not complied with, we shall be entitled to assert all existing claims immediately. In addition, we, as well as our representatives and employees, shall be entitled to enter the business premises of the partner and to take possession of the reserved goods. The partner shall be responsible for the costs arising from the repossession. The partner undertakes to store the goods subject to retention of title properly and to insure them adequately.
We undertake to release the securities to which we are entitled at the request of the partner if their value exceeds the claims to be secured by more than 20%.
§6 Delivery
Delivery times shall be deemed to be only approximately agreed and shall be deemed to have been observed if the goods have left our warehouse before the time expires or if readiness for dispatch has been notified. In case of early delivery, this time is decisive and not the originally agreed time. Partial deliveries and partial services are, as far as customary in the trade, permissible and will be invoiced separately (backorder management). They are inadmissible by way of exception if the partial performance is of no interest to the partner or if a corresponding agreement has been made with us. Both non-binding and binding agreements regarding the delivery time must be made in writing. For a transaction for delivery by a fixed date within the meaning of § 376 HGB (German Commercial Code) it is not sufficient that a delivery time determined by calendar is agreed. Rather, an additional declaration by the partner upon conclusion of the contract is required that if the delivery period is exceeded, the partner reserves the right to withdraw from the contract without setting a further period of grace.
If a bindingly agreed delivery period is not adhered to by us, the partner may assert further rights after the occurrence of the delay, a warning and the setting of a reasonable period of grace. If the partner has reserved the right to withdraw from the contract upon conclusion of the contract in the event of non-compliance with the bindingly agreed delivery date, it is not necessary to set a period of grace. In this case, provided that we cannot be accused of gross negligence or intent, the assertion of claims for damages is excluded.
The delivery period shall be extended appropriately in the event of force majeure and events which make delivery considerably more difficult or impossible (e.g. official intervention, industrial disputes, unrest, operational disruptions, strikes, delayed delivery by the supplier) and which we were unable to avert despite taking reasonable care in the circumstances of the case. We shall endeavour to inform the partner of such obstacles without delay. The same applies if the aforementioned obstacles occur during the delay.
In the event of damage caused by our partner’s delay, we shall be liable in the event of a delay in delivery which is not due to intent or gross negligence, for each completed week of delay up to a maximum of 3%, but not more than a total of 15% of the value of the object of purchase which cannot be delivered on time as a result of the delay.
§6.1Compensation
If the customer does not accept a purchased good or service and if no gross negligence on our part can be established for the non-acceptance, then the customer is obliged to pay compensation of 30% of the original net invoice amount for non-acceptance of the good or service, unless we prove an actual higher damage or the customer proves that no damage or, if applicable, a reduction in value has occurred at all or is considerably lower than the flat rate.
§7 Risk assumption
If the goods are dispatched at the request of the partner, the risk of accidental loss or accidental deterioration of the goods is transferred to the partner with the dispatch of the goods, at the latest when the goods leave the warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. We reserve the right to choose the dispatch route and the person designated to carry out the dispatch.
If the transport is taken over by us, the risk of the transport shall also be borne by the partner, unless otherwise agreed in writing. If dispatch is delayed at the partner’s request, the partner shall bear the risk of damage to or loss of the goods from the time of notification of our readiness to dispatch. The storage costs incurred by us as a result of the delay will be charged at 1% of the invoice amount per week or part thereof. The same applies in the event of default of acceptance by the partner. If we have assumed the transport risk, the goods must be inspected by the partner for damage without delay, we must also be notified in writing without delay and the damage must be documented by a corresponding notice of damage to the forwarding agent. We reserve the right to inspect the goods by our employees/agents.
§8 Withdrawal from the contract due to impossibility and delay
If the partner withdraws from the contract due to a delay which is solely due to simple negligence on our part, the partner shall not be entitled to compensation.
In case of permanent non-delivery by our suppliers, both parties may withdraw from the entire contract.
In addition, we are entitled to withdraw if the customer is not creditworthy, if he sells goods subject to our reservation of title by way of transfer of ownership by way of security or pledge or does not handle these goods properly, if performance is impossible or unreasonably difficult for us without our influence and without our fault, or if the customer substantially violates his contractual obligations.
In all other respects, the mutual right of withdrawal shall be determined in accordance with the statutory provisions.
§9 Warranty/defects
Our partner shall be obliged to duly comply with its obligations to inspect and notify defects in accordance with § 377 HGB (German Commercial Code). Obvious defects are to be reported to us in writing immediately, but no later than 14 days after receipt of the goods, and hidden defects immediately after their discovery. Otherwise, the goods shall be deemed to be approved. Surface changes typical for use as well as deviations in colour, shape, weight and size cannot be avoided in the case of natural products and do not constitute a defect.
Warranty claims for newly manufactured goods become time-barred twelve months after delivery of the goods supplied by us to the partner; there is no warranty claim for used goods.
Our consent must be obtained before returning the defective goods. The return shipment must be made free domicile and with indication of the delivery note or invoice number; in case of justified return shipment, a credit note for the usual freight costs will be issued. If there was a defect in the goods at the time of the transfer of risk, we shall, subject to timely notification of defects, at our discretion either repair the goods or deliver replacement goods. If the subsequent performance fails, the partner may withdraw from the contract or reduce the remuneration. Claims for damages by the partner remain unaffected. The partner cannot demand compensation for futile expenditure and lost profit.
Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, insignificant impairment of usability and natural wear and tear. If the partner or third parties carry out improper modifications and work, no claims for defects shall exist for these and the consequences thereof. The partner shall only have recourse claims against us to the extent that it has not made any agreements with its customer that go beyond the statutory provisions.
We shall only be liable for damage resulting from the defectiveness of an item if this is due to at least grossly negligent breach of duty on our part, on the part of our legal representatives or our vicarious agents. The same applies to futile expenditure. The above restriction expressly does not apply if the culpable breach of duty on our part, on the part of our legal representatives or vicarious agents gives rise to liability for damages arising from injury to life, body or health.
The partner must provide evidence of the reason and the amount of the damage.
In all other respects, the warranty shall be governed by the applicable statutory provisions.
§10 Right of revocation against business partners within the meaning of the BGB
We grant ourselves a 14-day right of revocation for all contracts concluded on our premises vis-à-vis our business partners (commercial agents / commercial travellers / suppliers / partners). At the same conditions according to § 355 BGB.
§11 Disclaimer of liability
In all other respects, our liability, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence; this limitation expressly does not apply if liability is established for damages resulting from injury to life, body or health.
§12 Data Storage / Data Protection
The data necessary for the business transaction will be electronically processed and stored. Personal data will be treated confidentially and not passed on to third parties.
Consent for the collection and processing of data
Due to the new DSGVO (data protection basic regulation) we must obtain your consent from 25.05.2018 to use your data for the processing of all orders / inquiries. We will process your data with great care and use it only for the purpose of processing your order. Many thanks at this point for your understanding and for your consent. If you contact us and make inquiries, you automatically agree to our data protection conditions. Only in this way can we provide you with the requested information without any problems. This consent is mandatory so that we can continue to serve you as a customer without any problems.
The following personal data is collected and processed for our service:
Company name
Contact information: Name, First name
Information relevant to tax law (e.g. VAT ID number)
Address
Telephone number / fax number
E-mail address
Bank details
This data is stored on the Salcoli company’s server and can only be accessed by authorised persons. We herewith assure that the EDP carried out by us is based on valid laws and is necessary for the conclusion of the contractual relationship. Furthermore, for any further data collection – beyond the pure business transaction – the consent of the user is required.
User rights
The undersigned has the right to revoke this consent at any time without giving reasons. Furthermore, data collected may be corrected, deleted or their collection restricted if necessary. On request, you can request detailed information about the scope of the data collection we have carried out at the address below. A data transfer can also be requested should the undersigned wish his or her data to be transferred to a third party.
Consequences of non-signing
The undersigned has the right not to agree to this declaration of consent – however, since our service depends on the collection and processing of named data, non-signature would preclude the use of the service.
Contact
Complaints, requests for information and other concerns should be addressed to the following address:
Nina Heuer
Turnstraße 27
75328 Schömberg
Further information on data protection and regulations can be found on the Internet at
https://www.salcoli.de/datenschutz
§13 Miscellaneous
In case of unauthorized returns of goods, we are free to refuse acceptance or to charge a flat fee for handling/re-storage of 15% of the value of the goods (at least 5.20 Euro).
The acceptance of unfree shipments is generally refused. We reserve the right to make price changes, technical changes, deviations in colour, form, weight and size as well as detailed changes to the product descriptions and pictures in our sales documents and in the online shop. No liability can be assumed for printing and writing errors.
The partner is obliged to inform us of all important changes concerning his company, such as the company name, company form, owner, persons authorized to represent, address. In addition, the partner undertakes to inform us in the event of a serious deterioration in the financial situation of his company and to release us from any delivery obligations.
§14 Place of performance / Place of jurisdiction
The place of performance for all obligations arising from the contractual relationship is our registered office.
The place of jurisdiction for all legal disputes arising from the contractual relationship as well as for its creation and effectiveness is determined by our registered office or, at our discretion, by the registered office of the partner. These General Terms and Conditions and all legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
§Section 15 Final provisions
Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law. Contract language is German. Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.