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TERMS OF SERVICE

§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Salcar GmbH) via the website https://www.salcar-shop.de. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.


§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website we submit you a binding offer to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or you will first be taken to the website of the provider of the Instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the option to check all the information again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.


§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim yourself.
c) If the reserved goods are combined and mixed, we acquire joint ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.


§ 4 Warranty
(1) There are statutory liability for defects.
(2) In the case of used items, the warranty period deviates from the legal regulation one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or willful damage or malice on the part of the provider, as well as claims for recourse according to §§ 478, 479 BGB.
(3) As far as you are an entrepreneur, deviating from Paragraph 1 applies:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to inform us of obvious defects within 7 days of receipt of the goods in text form (e.g. email); timely dispatch is sufficient to meet the deadline. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we provide a warranty of our choice through rectification or replacement. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The remedial measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health, and grossly negligent or willful damage or malice, as well as for recourse claims in accordance with §§ 478, 479 BGB.


§ 5 Liability
(1) We are fully liable for damage from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is based on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly trust that they will be observed.
(4) Liability for slightly negligent breaches of duty is excluded in the event of violation of insignificant contractual obligations.
(5) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. We are not liable for the constant or uninterrupted availability of the website and the services offered there.


§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.


§ 7 Protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you assure that you have reached the statutory minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you or those authorized by you to accept the delivery who have reached the statutory minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider responsible for delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to obtain the identity card of the To have the goods presented to the receiving person for age control.
(4) Insofar as we show in the respective article description that the legal minimum age requires that you have to be 18 years of age to purchase the goods, paragraphs 1-3 above apply, provided that you are of legal age instead of the legal minimum age got to.