of the online shop Salmix for sales via the webshop www.salmix-lakritz.de
General Terms and Conditions
1. provider labelling; scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded in the online shop "Salmix" operated by us, currently available at www.salmix-lakritz.de (hereinafter referred to as "Online Shop") between you, our customer (hereinafter referred to as "Customer(s)") and us, Salmix, operated by Salmix Sievershütten GmbH, represented by Peter-Michael Thom, Holstenstraße 10, 24641 Sievershütten. Sales tax identification number: DE814726314 (hereinafter referred to as "Salmix")
1.2 The GTC shall apply exclusively; Salmix shall not recognise any general terms and conditions of the customer that conflict with or deviate from the GTC unless Salmix expressly agrees to their validity in writing.
1.3 "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. "Entrepreneur" is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2. offer; conclusion of contract
2.1 The customer submits a binding request to purchase the goods in the shopping basket by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application.
2.2 Once payment has been completed, the customer will receive an automatic confirmation of receipt in the online shop. The automatic confirmation of receipt merely documents that the customer's order has been received by Salmix Sievershütten and does not constitute acceptance of the application. The contract is concluded when Salmix Sievershütten confirms the order with a separate e-mail (order confirmation) and has dispatched the ordered product to the customer. In this e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function, the text of the contract (order confirmation) is sent to the customer by us on a permanent data carrier (e-mail) (contract confirmation).
The text of the contract is stored in compliance with data protection regulations. The terms and conditions and cancellation policy can be viewed in the online shop or printed using the "Print" function.
2.3 The contract shall be concluded in German.
3. ordering process; contract text;
3.1 By clicking on the "Add to shopping basket" button on the respective product page, the desired products are placed in the virtual shopping basket. The customer can view the contents of the shopping basket and the shipping costs incurred at any time by clicking on the "Shopping basket" link. The products listed there can be individually removed from the shopping basket by correcting the quantity. If the customer wishes to order the products from the shopping basket, clicking on the "Checkout" button leads to the input page for the customer data. The customer can then log in as a Salmix customer via an existing user account (by entering their e-mail address and password) or register as a new customer or guest customer.
3.2 After logging in or entering personal data as a new customer, the delivery details and payment method can be selected. In addition, these GTC can be called up, printed out and saved at this point and reference is made to the right of cancellation for orders by consumers. The customer is then taken to a final check page ("All details correct?"), where any input errors can be recognised before the order is finally sent and corrected using the "back" button at the bottom of the page on the previous input pages. The order process can be cancelled by closing the browser window. By clicking on the "order with obligation to pay" button, the customer submits his order to Salmix.
3.3 The text of the contract shall be stored by Salmix. The customer can also view the GTC at any time on the website via the "GTC" link. After sending the order, the customer shall receive an e-mail confirming receipt of the order and listing its details (order confirmation). The data of the individual orders can be viewed and printed on the Salmix website in the user account ("Salmix-Lakritz.de ") under "My orders". They remain accessible there so that the articles can be placed directly back into the shopping basket for a new order.
4. prices; shipping costs; terms of payment; retention of title; offsetting
4.1 All prices quoted in the online shop are gross prices including statutory VAT and do not include shipping costs.
4.2 Salmix charges a flat-rate shipping fee of EUR 4.95 per order, within Germany.
4.3 If the customer effectively cancels his contractual declaration in accordance with Section 6, he may demand reimbursement of costs already paid for shipping to the customer (shipping costs) under the statutory conditions (see Section 6 for other cancellation consequences).
4.4 The purchase price shall be due for payment immediately upon conclusion of the contract. The Customer's obligation to pay interest on arrears shall not preclude Salmix from claiming further damages caused by default.
4.5 Payment can be made either by direct debit, PayPal direct or credit card. Salmix reserves the right to change the payment method selected by the customer in individual cases. The customer will be informed of this immediately. The customer can change the payment method saved in his user account at any time.
4.6 If the customer wishes to pay the invoice amount via a payment service provider such as "Paypal", he must be registered there or register, legitimise himself with your access data and confirm the payment instruction to Salmix. The customer will receive further instructions during the order process.
4.7 The transfer of ownership of the ordered goods to the customer is subject to full payment of the purchase price to Salmix. The customer shall only have a right of set-off if its counterclaims have been legally established, are undisputed or have been expressly recognised by Salmix in writing; this restriction shall not apply if the counterclaims are in a reciprocal relationship with the claim of Salmix.
5. delivery, availability of goods, shipping risk
5.1 Delivery shall be made exclusively by dispatch. Delivery shall be made to the billing address provided by the customer or to a different delivery address if applicable. Salmix delivers exclusively to customers who have their habitual residence in the European Union and provide a delivery address there. Prompt delivery of the goods is carried out by a transport company commissioned by Salmix. Salmix is only authorised to make partial deliveries if this is reasonable for the customer. The customer shall ensure that the group of persons present at the specified delivery address is authorised to accept the delivery. If delivery fails for reasons for which the customer is responsible, the customer shall bear the costs of redelivery. The customer may request personal delivery to himself or to a specific person specified by him. Can
5.2 Delivery times stated by Salmix are calculated from the time of order confirmation, subject to prior payment of the purchase price. The delivery time for products that are not medicines is up to three (3) working days, unless otherwise stated for the respective goods in the online shop. In cases of force majeure, labour disputes or other unforeseeable circumstances, the delivery time shall be extended by the duration of the hindrance. If the delay lasts longer than two (2) weeks from the order date, the customer may cancel his order. The delivery period shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day the contract is concluded in the case of other payment methods and shall end at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day. The length of the delivery period is determined by the information in the respective product description.
5.3 If an ordered product is not available after conclusion of the contract or cannot be procured by Salmix under reasonable conditions, the customer shall be informed of this immediately and any payments made by the customer shall be refunded. Salmix shall be released from its obligation to perform with regard to this product for the period in which the product is not available or cannot be procured by Salmix under reasonable conditions; the customer's obligation to provide consideration shall lapse accordingly.
5.4 Salmix shall bear the shipping risk if the customer is a consumer.
6. consumer right of cancellation
6.1 Customers who are consumers are generally entitled to a right of cancellation. Exceptions to the right of cancellation are listed in Section 6.2. A sample cancellation form can be found in Section 6.3:
Cancellation policy & right of cancellation
You have the right to cancel 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 goods.
To exercise the right to cancel, you must inform us: Salmix Sievershütten GmbH, Holstenstraße 10, 24641 Sievershütten, Phone: 04194-987771, Email: firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
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 that is not necessary for checking their condition, properties and functionality.
6.2 There is no right of cancellation:
6.2.1 for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection, food safety or hygiene if their seal has been removed after delivery, e.g. foodstuffs if their seal has been opened or removed.
6.2.3 Contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded. This also includes confectionery. As we cannot check whether the confectionery has been handled properly after delivery, it will no longer be sold and will be disposed of for your safety.
6.3 Salmix provides the following information about the model cancellation form:
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
Salmix Sievershütten GmbH
I/we (*) hereby cancel 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate
7 Warranty for defects;
7.1 The provisions applicable to the warranty for defects shall apply to consumers, in particular Sections 434 et seq. BGB (GERMAN CIVIL CODE).
7.2 If the subsequent fulfilment takes the form of a replacement delivery, the customer is obliged to return the rejected goods to Salmix within fourteen (14) days at Salmix's expense.
7.3 The warranty period for goods delivered by us to entrepreneurs is twelve (12) months. This also applies to claims for damages by entrepreneurs that are based on a defect.
7.4 Claims for defects by a merchant presuppose that he has fulfilled his obligations under § 377 HGB. In the event of a defect, we may choose whether to remedy the defect or provide a defect-free item (replacement delivery). If the subsequent fulfilment fails, the entrepreneur is entitled, at his discretion, to reduce the purchase price or, provided there is no insignificant defect, to withdraw from the contract. Even in the case of defects, the entrepreneur shall only be entitled to claim damages or compensation for wasted expenditure in accordance with the following paragraphs.
7.5 Claims for damages in accordance with Clause 7.7 shall become time-barred in accordance with the statutory limitation periods. §§ Sections 438 para. 1 no. 1, para. 3, 444, 479 BGB remain unaffected.
7.6 Salmix shall be liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. In other cases, Salmix shall only be liable - unless otherwise regulated in Clause 7.7 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, Salmix's liability is excluded, subject to the provision in Clause 7.7.
7.8 Salmix's liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
8. contact; EU dispute resolution
8.1 For orders and service information, the customer can reach Salmix Monday to Thursday from 8 am to 4 pm and Friday from 9 am to 1 pm.
8.2 The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Salmix is not obliged to participate in an alternative dispute resolution procedure before a dispute resolution body in the Federal Republic of Germany. However, the customer is welcome to contact email@example.com in the event of a dispute in order to reach an internal agreement.
9. final provisions
9.1 The current version of these GTC and the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provisions.
9.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Salmix shall be the registered office of Salmix.